Agenda — Richmond City Council, November 18, 2025 (part 3 of 8)

11/19/2023 00:21 AM: The Facility experienced a tube rupture in the F-20 Recycle Furnace resulting the 207,280-lb release of renewable diesel and 2,220-lb release of hydrogen. The released materials ignited inside the furnace and caused a fire. At the time of the incident, a Field Operator was in the process of removing fuel gas from the furnace burners, causing burn injuries due to being in the line of fire when the tube failed. The Field Operator exited the area and made his way to the Field Operator Shelter. The injured operator was life flighted to a nearby hospital for medical care. The Community Warning System (CWS) was activated, and notifications were made to Contra Costa Health Services (CCHS), Bay Area Air Quality Management District (BAAQMD), Contra Costa County Office of Emergency Services (CCOES), and Contra Costa Fire District. State notifications were made through CalOES to notify state agencies. The Chemical Safety Board (CSB), Cal/OSHA, and CCHS opened incident investigations for the furnace fire. The investigation team collaborated with CSB, Cal/OSHA, and CCHS on evidence collection, laboratory selection, and testing methodology. The weather was clear and dry. The average wind speed and direction during the incident was <10 mph and West-Northwest, respectively. The temperature was about 53 degrees F. The investigation determined that a convection tube located in the upper portion of the furnace overheated and ruptured, due to afterburn. Afterburn is a phenomenon that can occur when normal air-fuel ratio and distribution is destabilized, which can cause hot spots to form in unexpected locations. In this case, a Computational Fluid Dynamic (CFD) study determined that operating conditions in the furnace when the incident occurred distributed excess heat in the convection section of the furnace, where the tube failure was experienced. The tube failed catastrophically, resulting in the sudden release of renewable diesel and hydrogen, which then ignited and caused the fire that injured the operator attending the furnace during startup. The initiating event for this incident was a furnace tube failure that resulted in the release of flammable material, which immediately ignited upon contacting burner flames. Root Cause #1: Low flow due to startup line valve misalignment, which could create an unmeasured and undetectable bypass around the furnace. Root Cause #2:

High temperature due to 2 burners being placed in service without removing the air register plates that were fastened to manage furnace stack NOx by reducing tramp air into the firebox.

The following corrective actions are in the final stages of development at the time that this report is being submitted (June, 2024): Evaluate addressing the unmeasured bypass potential around F20 by (1) removing the “B Valve”, (2) installing a check valve to prevent reverse flow bypassing the F-20, or (3) installing individual pass flow meters in F-20 and updating SIS to shutdown furnace if individual pass flows are low if installed; comply with MPC heater bypass line configuration standards to ensure adequate safeguards are in place to manage the bypasses in all phases of operations utilizing a review team consisting of the minimum core members of a normal PHA and create new recommendations where additional safeguards are necessary; and update 2HDO start-up procedures and clarify steps regarding the use of start-up line valves (These address Root Cause #1). Consider installing a laser analyzer for CO and methane at F-20, ensuring that the analyzer is conforms with SIS specified in MPC standards if installed; revise the F-20 startup procedure to include steps to remove the air register plates prior to lighting the burners; develop a management system or procedure to car seal or zip tie close the fuel gas valves to the burners when blanking plates are installed; add warning signs to all furnaces with air register plates that includes the step to light and the hazards of operation with air registers blocked; increase air register plate visibility by (1) painting the plates a high visible, high contrast color and (2) ensuring that air register plates are visible from the fuel gas valves; and 545
ATTACHMENT 2

MARTINEZ RENEWABLES
2024 ANNUAL ISO REPORT

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consider hanging sign plates at each burner for added visibility from the fuel gas valves (These address Root Cause #2).
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ATTACHMENT 3

MARTINEZ RENEWABLES
2024 ANNUAL ISO REPORT

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Status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):

Incident: 11/19/2023 furnace tube rupture and fire in the #2 Hydrodeoxygenation (2HDO) Unit:

Recommendation
No.

Due Date Rec. Description Current
Stage
350946 11/1/2024 Increase visibility of the air register plates:
• Paint the plates a high visible, high contrast color and • Ensure air register plates are visible from the fuel gas valves. Consider adding a hanging sign plates for added visibility from the fuel gas valves.

In Progress
350945 11/1/2024 Add warning signs to all furnaces with air register plates that includes the step to light and the hazards of operation with air registers blocked.

In Progress
350944 11/1/2024 Develop management system or procedure to ensure removal of air register plates prior to lighting burners, such as car seal or zip tie close the fuel gas valves to the burners when blanking plates are installed.

In Progress
350943 11/1/2024 Revise the 004-F-20 startup procedure to include steps to remove the air register plates prior to lighting the burners.

In Progress
350942 11/1/2024 Install a laser analyzer for CO and methane. Ensure the analyzer is incorporated into the SIS in conformance with RSP-1172-024 Heater Application Standard.

In Progress
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4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
Industrial Safety Ordinance Annual Performance Review and Evaluation Submittal June 30, 2024
*Attach additional pages as necessary

1. Name and address of Stationary Source:

2. Contact name and telephone number (should CCHHMP have questions):

3. Summarize the status of the Stationary Source’s Safety Plan and Program (450-8.030(B)(2)(i)):

4. Summarize Safety Plan updates (i.e., brief explanation of update and corresponding date) (450-8.030(B)(2)(ii)):

5. List of locations where Safety Plans are/will be available for review, including contact telephone numbers if the source will provide individuals with copies of the document (450-8.030(B)(2)(ii)):

6. Provide any additions to the annual accident history reports (i.e. updates) submitted pursuant to Section 450-

8.016(E)(2) of County Ordinance 98-48 (450-8.030(B)(2)(iii)) (i.e., provide information identified in Section 450-8.016(E)(1) for all major chemical accidents or releases occurring between the last annual performance review report and the current annual performance review and evaluation submittal (12-month history)):

7. Summary of each Root Cause Analysis (Section 450-8.016(C)) including the status of the analysis and the status of implementation of recommendations formulated during the analysis (450-8.030(B)(2)(iv)):

8. Summary of the status of implementation of recommendations formulated during audits, inspections, Root Cause Analyses, or Incident Investigations conducted by the Department (450-8.030(B)(2)(v)):

Chevron U.S.A. Inc. (CUSA), Richmond Refinery, 841 Chevron Way, Richmond, California 94801 Mohammad Akhteruzzaman, 925-216-1067 The CUSA Richmond Refinery (Refinery) initial Site Safety Plan (SSP) was completed in 2003, and the most recent revision is dated July 24, 2021. The SSP was prepared in accordance with the City of Richmond Industrial safety Ordinance (RISO).

The SSP was updated in 2021. The next revision will be shared in 3Q2024 CCHHMP Office at 4585 Pacheco Boulevard, Suite 100, Martinez; Richmond Main and Point Richmond libraries (libraries closest to the stationary source).

There were no major chemical accidents or releases (“MCAR”) as defined in Section 450-8.014(h) between June 1, 2023, and June 1, 2024.

There were no MCAR events between June 1, 2023, and June 1, 2024. All action items from prior report periods have been completed. The 2022 Cal ARP/ISO audit closing meeting was held on June 2nd, 2022. The action plans for the ensure and consider items for the 2022 audit were finalized on January 17th, 2023. There were 44 ensure and consider recommendations, from which 43 total action items were created, and 35 of those action items are complete. 548
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

9. Summary of inherently safer systems implemented by the source including but not limited to inventory reduction (i.e., intensification) and substitution (450-8.030(B)(2)(vi)):

15. Summarize how this Chapter improves industrial safety at your stationary source (450-8.030(B)(7)):

16. List examples of changes made at your stationary source due to implementation of the Industrial Safety Ordinance (e.g., recommendations from PHA’s, Compliance Audits, and Incident Investigations in units not subject to CalARP regulations; recommendations from RCA’s) that significantly decrease the severity or likelihood of accidental releases:

17. Summarize the emergency response activities conducted at the source (e.g., CWS or TEN activation) in response to major chemical accidents or releases:

10. Summarize the enforcement actions (including Notice of Deficiencies, Audit Reports, and any actions turned over to the Contra Costa County District Attorney’s Office) taken with the Stationary Source pursuant to Section 450 -8.028 of County Ordinance 98-48 (450-8.030(B)(2)(vii)):

11. Summarize total penalties assessed as a result of enforcement of this Chapter (450-8.030(3)):

12. Summarize the total fees, service charges, and other assessments collected specifically for the support of the ISO (450-8.030(B)(4)):

13. Summarize total personnel and personnel years utilized by the jurisdiction to directly implement or administer this Chapter (450-8.030(B)(5)):

14. Copies of any comments received by the source (that may not have been received by the Department) regarding the effectiveness of the local program that raise public safety issues(450-8.030(B)(6)):

See Attachment 1 on page 5. There were no enforcement actions during this period. No penalties have been assessed against this facility.

The total CalARP Program fees for the six facilities subject to the Industrial Safety Ordinance were $758,387. The total Industrial Safety Ordinance program fees for these six facilities were - $601,809. (NOTE: These fees include those for the County and City of Richmond ISO facilities) 5550 hours were used to audit/inspect and issue reports on the Risk Management Chapter of the Industrial Safety Ordinance.

No comments were received during this period regarding the effectiveness of the local program that raise public safety issues. Operating safely is one of CUSA’s core values and underpins our commitment to enhancing our process safety programs. The RISO assists CUSA in improving our process safety performance. We have worked closely with CCHMP in its implementation of the RISO and its oversight of our operations, including during its periodic reviews of our operations. Consistent with this commitment, and as part of the company’s efforts to continually improve its process safety performance, CUSA will continue to confer with the CCHMP as it refines and implements these actions.

See Attachment 2 on page 6
There were no level two or three CWS or TENS activations between June 1, 2023, and June 1, 2024.
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4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]

18. Date the last Safety Culture Assessment was completed:

19. Date the results of the Safety Culture Assessment were reported to the workforce and management:

20. Answer the following regarding the Safety Culture Evaluation Previous to the one listed in #18:
• Survey method:
• Areas of improvements being addressed:
• Action Plan made Progress on the identified areas of improvement?: Yes No o If Yes, did the improvements meet the goals and if not was the action plan amended to address what is being done to meet the goals?
o If No, has a new action plan been developed to address the identified areas of improvement? Yes No

21. Have milestones and metrics been developed to determine how the Safety Culture Assessment actions are being implemented? Yes or if not, Why not?

22. Describe the process in place that includes employees and their representatives that will determine if the action items effectively changed the expected culture items:

23. Date of the mid-cycle progress evaluation:
o Did the action plan (for #18) make progress on the identified areas of improvement? Yes or if not, has a new action pan been developed? Yes No

24. If a mid-cycle progress evaluation was performed during this reporting year, describe the process that included participation of employees or their representatives that determined whether the action items effectively changed the expected culture items:

25. Common Process Safety Performance Indicators:
a. Overdue inspection for piping and pressure vessels based on total number of circuits:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Total number of circuits:

Total number of annual planned circuit inspection:

Data collected October 2020 July 2021 Online survey Training, resource planning, staffing / succession planning Yes, action plan and metrics developed. In the process of being monitored. Yes, milestones and metrics are tracked in Chevron systems of record. Employees and their representatives were involved in the review of data, development of the improvement suggestions as well as the development of the final action items. Through the process of meeting with the representatives we came to agreement on what data needed an action and what action would solve the milestones.

October, 2023
Employees, and their representatives, were gathered as the interim assessment team and this cross functional team reviewed all the corrective actions from the initial PSCA to confirm the actions were completed. The results from the interim assessment were shared through a refinery wide email communication for all employees and contractors to review be able to review the interim assessment report and provide comment if they so desired. No comments were received. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
6,870
3,370 550
4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646-2073 [email protected]
b. Past due PHA recommended actions, includes seismic and LCC recommended actions Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
c. Past due Investigation recommended actions for API/ACC Tier1 and Tier 2 incidents.

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Overdue
Repeat
Year 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 No. Tier 1 LOPC
Incident rate for Tier 1
Refinery or Industry Rate1
Refinery or Industry Mean 2
Tier 2 LOPC
Incident rate for Tier 2
Refinery Rate 1
Refinery Mean 2
1Petroleum refineries to report publicly available refinery rate for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1
2Petroleum refineries to report publicly available refinery mean for API Tier 1 and Tier 2 classification. Chemical plants to report publicly available mean only for ACC Tier 1

26. Process Safety Performance Indicators for refineries only:

I. Number of Major Incidents this reporting year:

II. The number of temporary piping and equipment repairs that are installed on hydrocarbon and high energy utility systems that are past their date of replacement with a permanent repair:

Month Jan Feb March April May June July Aug Sept Oct Nov Dec Total Total*
Overdue
Repeat
*the total number of temporary piping and equipment repairs installed on hydrocarbon and high energy utility systems. d. API/ACC Tier 1 and Tier 2 Incidents for the last 11 years 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
3 0 0 2 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
0 1 2 1 1 1 0 0 1 0 1

0.00 0.02 0.05 0.02 0.02 0.01 0.00 0.00 0.04 0.00 0.04 0.0947 0.0925 0.1038 0.0627 0.0761 0.0570 0.0608 0.0612 0.0768 0.0682 0.0603 1.30 1.38 1.55 1.01 1.13 0.92 1.03 0.84 1.00 0.97 0.88 6 3 1 3 5 4 0 1 2 2 0

0.19 0.07 0.02 0.07 0.10 0.06 0.00 0.031 0.079 0.063 0.00 0.2531 0.2380 0.2063 0.1726 0.1843 0.1728 0.1574 0.1311 0.1768 0.1728 0.1498 ** ** 3.08 2.78 2.73 2.79 2.67 1.80 2.30 2.45 2.18 0
34 38 36 38 40 42 40 38 39 38 38 38 38 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
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4585 Pacheco Blvd., Suite 100 | Martinez, CA 94553 | Phone: (925) 655-3200 | Fax: (925) 646- 2073
[email protected]
ATTACHMENT 1
January 2023 – December 2023 ISS Improvements
Reference ISS Category ISS
Approach
MOC Description
Pretreatment Unit
(PTU) PHA Node

17. Procedural Moderate Develop procedures to ensure the route to dumpster from Bleacher
Filters is appropriately managed.
3705383 Active Moderate Install a high temperature alarm on TI-1512 or rerate E-239 for the
appropriate MAWT.
3705466 Passive Simplify Upgrade 76:G-324 Seal prior to Unicracker startup
4121998 Active Simplify Update the GG-503 motor controls to modern equipment that is easier to
troubleshoot and less likely to
spuriously trip.
4122041 Passive Simplify Install a mechanical stop to prevent the valve from opening too far
causing a heater trip on high fuel gas
pressure.
4122058 Procedural Moderate Update procedure to ensure ammonia injection skid is pre-heated in
advance of SCR temperature
reaching 475 degrees.
552

HAZARDOUS MATERIALS PROGRAMS
A Division of Contra Costa Health
553

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November 18, 2025
Economic Development
DATE: November 18, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nannette J. Beacham, Economic Development Director Jordon Nesbitt, Arts and Culture Division Administrative Assistant
Subject: Accept Artwork Gifted from Christopher Peterson into the City’s Public Art Inventory
FINANCIAL IMPACT: There is no net fiscal impact on the General Fund.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Artist Christopher Peterson has offered to gift the City of Richmond a painting titled Mond An-ex for inclusion in
the City’s Public Art Inventory. Mr. Peterson has
submitted all required documentation in accordance with the City of Richmond’s Public Art Policies and
Procedures. On September 12, 2025, the Richmond Arts
and Culture Commission (RACC) voted to recommend
that the City Council approve and accept the gifted
artwork. To complete the artwork transmittal process and formalize the agreement, City Council approval and
acceptance of the gift is required.

RECOMMENDED ACTION: APPROVE and ACCEPT the gifted artwork “Mond An-ex” by Christopher Peterson’s to be added to the City of
Richmond Public Art Inventory; and AUTHORIZE the city
manager, or their designee to execute the Transmittal of Artwork Agreement and any other documents necessary
to finalize the acceptance of the artwork to the City – AGENDA
REPORT
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November 18, 2025
Economic Development Department (Nannette J.

Beacham 510-621-1306/Jordon Nesbitt 510-620-9082).

DISCUSSION:

Christopher Peterson is an award-winning painter and illustrator who made Richmond and the Bay Area his creative home for over 35 years, contributing to the region’s vibrant arts and design community. Blending the traditions of American realism with a modern sensitivity to light, color, and emotion, his acclaimed career includes collaborations with The New York Times, Time Magazine, and leading cultural institutions.

On June 6, 2025, Mr. Peterson contacted the City’s Arts and Culture Division, and the Mayor’s Office for support with the process of gifting one of his major works to the City of Richmond’s Public Art Inventory. The proposed gift is a 48-inch by 60-inch hand painted oil on canvas, framed in a custom floater frame of poplar and pine titled, “Mond An-ex” (Attachment 1). The painting, inspired by a photograph taken at the Carlson Boulevard underpass one evening in October, captures the distinct light and unrecognized beauty of the Richmond Annex. Mr. Peterson expressed his hope that the piece be displayed prominently in City Hall. City staff informed Christopher that the Artwork may still be accepted and stored without a specific site location or until an ideal site location is identified.

City staff directed Mr. Peterson to the public art gifting procedure details in the City of Richmond Public Art Policies and Procedures Section 4: Public Art Gifts and Loans (Attachment 2). This section establishes the process and conditions for the review, acceptance, placement, and preservation of donated and gifted artwork. In compliance with these requirements, Mr. Peterson submitted all necessary materials, including images of the artwork description and the completed Public Art Gifts and Loans Form which includes the required waiver and release of artist rights under the federal Visual Artists Right Act of 1990 (VARA) and the California Art Preservation Act (CAPA) (Attachment 3). The proposed Artwork Transmittal Agreement to be executed by Mr.

Peterson and the City, as required by the Public Art Policies and Procedures (Attachment 4).

Per the Public Art Policies and Procedures, following review of the submitted Public Art Gifts and Loans Form and supporting materials, the Arts and Culture Manager forwarded the materials to the Richmond Arts and Culture Commission (RACC) for their recommendation. On September 12, 2025, RACC members voted to recommend to the Richmond’s City Council to approve and accept Mr. Peterson’s gifted artwork.

City Council’s approval is required to finalize the Transmittal of Artwork Agreement and complete the process of officially adding the artwork to the City’s collection and Public Art Inventory.
555

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November 18, 2025
DOCUMENTS ATTACHED:

Attachment 1 – Photo of Christopher Peterson’s “Mond An-ex” painting Attachment 2 – City of Richmond Public Art Policies and Procedures Attachment 3 – Artwork Transmittal Agreement
Attachment 4 – Completed Public Art Gifts and Loans Form - Christopher Peterson, “Mond An-ex”
556
557
1 Attachment A: Public Art Policies and Procedures
“Richmond at Dusk” by Rob Badger. Color Photograph, Archival Ink on Paper 19 x 58" Richmond, CA
City Manager’s Office, Economic Development
Arts and Culture Division
May 4, 2021
Updated July 16, 2021 to reflect change in meeting times and fix spacing on Exhibit A 558
2 Contents
I. BACKGROUND AND PURPOSE....................................................................................................................5 II. PUBLIC ART IN PRIVATE DEVELOPMENT PROJECTS ..................................................................................5 A. Application Submittal ...........................................................................................................................5 B. Administrative Costs Fee ......................................................................................................................6 C. On-Site Art Project Management Options............................................................................................6 D. Review Process and Material Checklists for On-Site Publicly Accessible Art .......................................7

1. Meeting with Arts and Culture Manager......................................................................................7

2. Selection of On-Site Art Project Management Option .....................................................................7

3. PAAC Preliminary Review..............................................................................................................7

4. Additional PAAC Meetings............................................................................................................7

5. PAAC Final Review.........................................................................................................................8

6. Richmond Arts and Culture Commission Approval.......................................................................8

7. City Council Information Item and/or Approval of Contracts.......................................................9

8. Final Steps.....................................................................................................................................9 E. Special Delayed Option for On-Site Art Contribution and Designated Public Art Space ......................9 F. Eligible and Ineligible Expenditures for On-Site Publicly Accessible Art.............................................10 G. Criteria for PAAC Review of On-Site Art.............................................................................................11 H. Designated Public Art Space by Special Process.................................................................................11 I. Compliance with City laws and ordinances..........................................................................................12 J. Maintenance of On-Site Art and Designated Public Art Space............................................................12 K. Relocation of On-Site Art or Designated Public Art Space..................................................................12 L. Ownership of On-Site Art or Designated Public Art Space..................................................................13 M. Modification to or Removal of On-Site Art or Designated Public Art Space .....................................13 N. City Inspection of On-Site Art or Designated Public Art Space ..........................................................13 O. In-Lieu Contribution ...........................................................................................................................14 P. Public Art In Private Development Process Chart and Payment Schedule – On-Site Art, In-Lieu Contribution, Designated Public Art Space.............................................................................................14 III. PUBLIC ART ON CITY PROPERTY.............................................................................................................14 A. Ownership of Artwork on City Property .............................................................................................14 B. Criteria for selecting or acquiring of Public Art on City Property .......................................................14 C. Criteria for the Site Location of Public Art..........................................................................................15 D. Public Art Reviewing Bodies (Selection Panels, etc.)..........................................................................16 559
3 1. Selection Panels: .........................................................................................................................16

2. Ad-hoc Advisory Committees: ....................................................................................................17 E. Selecting Artists and Artwork for Public Art for City Property............................................................17

1. Methods of Selecting Artists and Artwork......................................................................................17

2. Artist Recruitment Methods...........................................................................................................17

3. Artist Selection Criteria ...................................................................................................................18

4. Artist and Artwork Selection Procedures........................................................................................18 F. Public Art Project Management..........................................................................................................20

1. Inter-Agency Procedures ................................................................................................................20 G. Maintenance, Removal, and Deaccession of Public Art on City Property..........................................21 IV. PUBLIC ART GIFTS AND LOANS ..............................................................................................................21 A. Conditions Governing the Donation of Artwork to the City of Richmond......................................21 B. Review and Acceptance Criteria for Donated or Gifted Artwork ...................................................22 C. Conditions of Acceptance of Gifted or Donated Artwork...................................................................22 D. Conditions Governing the Exhibition of Artwork on City Property ....................................................22 1 .Materials to be submitted by Artwork Lender: ..............................................................................22

2. Lender’s Agreements......................................................................................................................23 E. Acceptance of Monetary Gifts for the Acquisition of Artwork ...........................................................23 V. RECORDS AND FILES FOR PUBLIC ART PROJECTS ...................................................................................23 VI. CITY CAPITAL IMPROVEMENT PROJECTS APPRORPIATION FOR PUBLIC ART........................................24 VII. Neighborhood Public Art Mini-Grants..................................................................................................24 A. Background.........................................................................................................................................24 B. Purpose ...............................................................................................................................................24 C. Eligible Art Forms................................................................................................................................25 D. Eligibility Criteria for Applicants.........................................................................................................25 VIII. PERFORMING ARTS AND TEMPORARY ARTWORK ..............................................................................26 A. Types of Performing Arts and Temporary Artwork Considered .....................................................26 B. City’s Goals for Performing Arts in the City ....................................................................................26 C. Requirements for Performing Arts and Temporary Artworks........................................................26 D. Procedures and Program Management..........................................................................................27

1. Artwork Proposed by a Private Individual/Organization ................................................................27

2. Artwork Proposed by the City.........................................................................................................27

3. Selection Criteria for Performing Arts and Temporary Artworks...................................................28 560
4 IX. PUBLIC ART FUNDS ................................................................................................................................29 A. Public Art Project Account..................................................................................................................29 B. Sources of Public Art Project Account Funds......................................................................................29 C. Use of Public Art Project Account Funds ............................................................................................29 D. Ineligible Use of Public Art Project Account Funds ............................................................................30 X. EDUCATION AND OUTREACH..................................................................................................................31 EXHIBIT A Public Art in Private Development Application Form ................................................................32 EXHIBIT B Waiver and Release of VARA, CAPA, and other Artists’ Rights..................................................33 Exhibit C: Public Art in Private Development Process Chart.......................................................................34 Exhibit D: Public Art in Private Development Payment Chart ....................................................................35 561
5 I. BACKGROUND AND PURPOSE
The City of Richmond’s Public Art Program aims to enliven and beautify the City environment and create community pride for City residents by encouraging and promoting awareness of the City’s rich racial, ethnic, social, and cultural diversity as expressed through visual, literary, performing, and design arts.

Moreover, the intent of the City’s Public Art Program is to create a diverse and stimulating cultural environment for citizens of, and visitors to, the City of Richmond, and to promote greater economic vitality through the aesthetic enhancement of the City’s public spaces, thereby making Richmond a more attractive environment for regional and local businesses. In addition, the Public Art Program aims to increase public access to works of art in Richmond by imposing certain requirements on Private Development Projects.

In recognition of the value of Public Art, Richmond’s City Council adopted Chapter 6.50 of the Richmond Municipal Code, “Public Art Program” (hereinafter referred to as the Public Art Program Ordinance). The abbreviations, phrases, terms and words used in these Public Art Policies and Procedures will have the same meanings assigned to them in Chapter 6.50 of the Municipal Code.

The purpose of this Public Art Policies and Procedures document is to is to establish requirements, policies, procedures and standards for Public Art in the City consistent and in furtherance of the underlying Public Art Program Ordinance.

II. PUBLIC ART IN PRIVATE DEVELOPMENT PROJECTS
As required by Section 6.50.030 of the Public Art Program Ordinance, Private Developers subject to the requirements of the Chapter are required to provide 1% of the Building Development Costs as a public art contribution in one of three ways:
(1) by including On-Site Publicly Accessible Art as further provided in RMC Section 6.50.030 (C); (2) by paying an in-lieu contribution fee as set forth in RMC Section 6.50.030 (D); or (3) by dedicating a Designated Public Art Space by special process as set forth in RMC Section

6.50.030 (E).

The following section shall provide details into the application and review process for meeting these requirements.

A. Application Submittal
Private Developer applicants shall use the Public Art in Private Development Application Form, attached hereto in Exhibit A. The applicant will have to indicate whether they choose to provide On-Site Publicly Accessible Art, pay the in-lieu contribution fee to the Public Art Projects Account, or if they are interested in completing the special process and review for providing a Designated Public Art Space.

Private Developer submits the Application Form to Arts and Culture Manager within 60 days of submitting the Planning Application. Public Art approvals for Private Development Projects shall be obtained as early as possible in the project application process. 562
6 B. Administrative Costs Fee
Regardless of which of the three options the Private Developer chooses to satisfy the 1% Private Development art contribution requirement (i.e. On-Site Art, in-lieu contribution fee, or Designated Public Art Space), five percent (5%) of the required Private Development art contribution amount (i.e. 5% of 1% of the Building Development Costs) shall be paid to the City as an administrative costs fee. The administrative costs fee shall be divided up and used by the Community Development Department (2%) and the Arts and Culture Division (3%) for administrative costs associated with the Private Development art contribution.

For On-Site Art and Designated Public Art Space, the 5% administrative costs fee payment shall be submitted alongside all other fees due at building permit issuance. For the in-lieu contribution option, the administrative costs fee will be paid as part of the total in-lieu contribution alongside all other fees due at building permit issuance.

C. On-Site Art Project Management Options
A Private Developer may choose from the following On-Site Art project management methods to assist in the selection, installation and project management process:

1. Delegate On-Site Art project management process to the City of Richmond Arts and Culture Staff. If the Private Developer chooses this option, they shall pay the City an additional project management fee of fifteen percent (15%) of the required Private Development art contribution amount (i.e. an additional 15% of the 1% of the Building Development Costs). The Private Developer shall pay five percent (5%) of the required 1% art contribution amount to the Arts and Culture Staff and Community Development staff to cover the administrative costs fee described above in Subsection (B). The Private Developer shall pay the City the full 1% art contribution amount and the additional 15% project management fee to an escrow account within 30 days of signing a project management agreement between the City and the Private Developer. This payment shall initiate the City’s project management of all phases of the project on behalf of the Private Developer. The City will be responsible for all aspects of the projects, including negotiating and entering into contracts with the Artists.

2. Employ a private art consultant whose services would be used to solicit or identify Artists that meet the City’s criteria for Public Art. The art consultant may also manage the On-Site Art selection and installation process from start to finish. The fee for the use of an art consultant may not be included in the City’s required 1% art contribution amount. The Private Developer shall pay five percent (5%) of the required 1% art contribution amount to the Arts and Culture Staff and Community Development staff to cover the administrative costs fee described above in Subsection (B). The Private Developer shall have separate contracts with the art consultant and Artists.

3. Although not recommended, the Private Developer may directly propose an Artist or On-Site Art.

The Private Developer shall pay five percent (5%) of the required 1% art contribution amount to the Arts and Culture Staff and Community Development staff to cover the administrative costs fee described above in Subsection (B). The Private Developer shall have contracts with Artists. 563
7 D. Review Process and Material Checklists for On-Site Publicly Accessible Art

1. Meeting with Arts and Culture Manager
Private Developer applicants must first meet with the Arts and Culture Manager within 60 days of submitting an application to the Planning Department for the Private Development Project, and submit a Public Art in Private Development Application Form (in compliance with Subsection (A) above) prior to the preliminary review by the Public Art Advisory Committee (PAAC). At this meeting, the Private Developer will get more detailed information on the process, resources available, and discuss the possible types of Artwork that the Private Developer is interested in commissioning.

2. Selection of On-Site Art Project Management Option
The Private Developer shall select one of the On-Site Art Project Management Options as noted in Section II.C above as soon as possible and inform the Arts and Culture Manager.

3. PAAC Preliminary Review
A preliminary review meeting with PAAC is required and will take place within 90 days of the City’s receipt of the Public Art in Private Development Application. The Private Developer applicant shall submit all required application materials, as further provided below, for the preliminary review meeting with PAAC. PAAC meets on the 2nd Thursday of the month at 7:00 pm. The meetings are held on Zoom and were held at the Point Molate Conference Room, 450 Civic Center Plaza, 2nd Floor prior to the COVID-19 pandemic. Meetings may resume in this room after the COVID-19 pandemic.

Applicants must submit the following materials electronically one week prior to the PAAC preliminary review meeting to the Arts and Culture Manager:

1. A written summary of the On-Site Art project: this should include the approximate art budget, the art selection plan and consultant, timeline for the project, and an overview of the development.

2. PDF files of the overall site and existing drawings.

3. A PDF of the powerpoint presentation of the project that will be given at the meeting.

4. Name and contact information for the person who will be presenting the project to the Commission.

Items 1-3 above will be distributed to PAAC in advance of the preliminary review meeting. The Private Developer applicant will have 15 minutes to present the project to PAAC. PAAC will then have the opportunity to ask questions and make recommendations regarding the possible placement of Artwork, types of Artwork or Artists that may be appropriate to the site, and point out areas of concern.

Preliminary review is not an action item with an approval, but an opportunity for the applicant to get input that will help make the final Artwork more successful.

4. Additional PAAC Meetings
The Private Developer applicant may return to PAAC additional times before PAAC’s Final Review if PAAC input would be beneficial for the project, however it is not required. It is highly recommended that the Private Developer applicant’s art consultant stay in close contact with the City’s Arts and Culture staff or that the applicant utilizes the City’s Arts and Culture staff to manage the process. 564
8 5. PAAC Final Review
Once the Private Developer applicant has met with the Arts and Culture Manager, submitted a Public Art in Private Development Application Form, and completed a Preliminary Review with PAAC, the applicant may submit all required materials for the Final Review by PAAC. Private Developer applicants must submit the following materials electronically one week prior to the Final Review PAAC meeting to the Arts and Culture Manager:

1. A written summary of the art selection process (how the Artwork(s)/ Artist were selected).

2. Samples of the Artist’s previous work and a resume.

3. Description of the proposed Artwork, including dimensions, materials, method of construction.

4. Detailed drawings or photographs of the proposed Artwork, including a rendering in-situ.

5. A rendering showing the Artwork, along with the locations for any lighting, the identification plaque, and other elements included in the proposal associated with the art installation.

6. A detailed timeline for installation of the On-Site Art and an itemized budget, including installation, Artist fees, art consultant fees.

7. A maintenance plan for the On-Site Art in compliance with Section II. J below, detailing how often and in what manner the Private Developer plans to conserve and maintain the On-Site Art in good condition. If feasible, the Private Developer shall include any specific maintenance instructions from the Artist.

8. A VARA/CAPA waiver signed by the Artist. (See Exhibit B). Artist shall maintain copyright.

Items 1-7 will be distributed to PAAC in advance of the meeting. The Private Developer applicant will have 20 minutes to present the art plan to PAAC. PAAC will then have the opportunity to ask questions and make recommendations regarding the On-Site Art and point out areas of concern. Final review is an action item requiring PAAC to either approve or deny the Public Art in Private Development proposal, and provide a recommendation to the Richmond Arts and Culture Commission.

6. Richmond Arts and Culture Commission Approval
Once a Private Developer applicant has the recommendation from PAAC, the applicant must then obtain approval of the Artwork proposal from the Richmond Arts and Culture Commission. No presentation is required for Arts and Culture Commission approval.

The Arts and Culture Commission meets on the 4th Thursday of every month at 7:00 p.m. The meetings are held on Zoom. Prior to the COVID-19 pandemic, meetings were held at 450 Civic Center Plaza, Richmond Conference Room. Meetings may resume in this room after the COVID-19 pandemic.

In general, the Commission shall reject the PAAC’s recommendation for the selection of an Artist, Artwork, or design proposal only if there are compelling reasons to do so. Compelling reasons shall be limited to if the Commission determines and substantiates that the Artwork or design proposal: (i) constitutes a public safety threat; (ii) presents long-term maintenance problems; or (iii) creates a negative image or depiction of Richmond’s residents, visitors, or neighborhoods. 565
9 7. City Council Information Item and/or Approval of Contracts All approved On-Site Art projects will go to City Council as an information item.

City Council shall approve any contracts over $10,000 related to Public Art on Private Development, and shall authorize the City Manager to enter into such contracts on behalf of the City. This may be the case if a Private Developer chooses to use the City as the project manager for the On-Site Art, as the City would be responsible for contracting directly with the Artist.

In general, the City Council shall reject the Commission’s recommendation for the selection of an Artist, Artwork, or design proposal only if there are compelling reasons to do so. Compelling reasons shall be limited to if the City Council determines and substantiates that the Artwork or design proposal: (i) constitutes a public safety threat; (ii) presents long-term maintenance problems; or (iii) creates a negative image or depiction of Richmond’s residents, visitors, or neighborhoods.

8. Final Steps
At the City’s sole discretion, physical artwork may require stamped engineering drawings and permits and have specific insurance requirements, environmental review and a plan to obtain permits.

Once the Artwork application has been approved by the Arts and Culture Commission, the Private Developer may submit the building permit for the Private Development project.

Prior to construction or installation of the Public Art, the Private Developer applicant shall identify and secure all applicable permits from affected City divisions and departments.

The Artwork and required identification plaque must be installed as approved by the PAAC and Arts and Culture Commission, and verified by the Arts and Culture Manager prior to the issuance of any Certificate of Occupancy or Final Inspection for the Private Development project.

E. Special Delayed Option for On-Site Art Contribution and Designated Public Art Space Private Developers who are interested in commissioning On-Site Art but are not able to complete the process in the required timeline described in Section II.D, may request permission from the Arts and Culture Manager to place the non-refundable public art contribution (1% of Building Development Costs of the Private Development) in an escrow account pursuant to special instructions from the Arts and Culture Manager. This will satisfy the 1% for Public Art in Private Development requirement contingent on the commissioning of On-Site Art within a reasonable time frame. Developers who place their money in an escrow account are able to acquire building permits prior to receiving approval from the Public Art Advisory Committee and Commission for Public Art in Private Development proposal. Affordable housing developments are more likely to be granted permission to place the Public Art contribution in an escrow account. By placing the money in the escrow account after selection of the On-Site Art option, the Private Developer will also have automatically selected the On-Site Art Project Management Option Section II.C.1 to delegate the project management process to the City of Richmond Arts and Culture Staff. In this case, the Private Developer shall pay the City the full 1% art contribution amount and the additional 15% project management fee to an escrow account within 30 days of signing a project management agreement between the City and the Private Developer.

Private Developers who are interested in pursuing Designated Public Art Space at a later date and under a separate building permit may request permission from the Arts and Culture Manager to develop 566
10 Designated Public Art Space in a delayed, yet still reasonable, timeline. In the case that permission is granted, an agreement must be signed between the City and the Private Developer detailing the specific condition(s) and requirements for the development of the Designated Public Art Space.

F. Eligible and Ineligible Expenditures for On-Site Publicly Accessible Art Eligible Expenditures. For On-Site Publicly Accessible Art, a Private Developer may only expend costs associated with the selection, acquisition, purchase, commissioning, design, fabrication, placement, installation or exhibition of the On-Site Art. At the City’s sole discretion, eligible expenditures may include:

1. Artist fees;

2. Labor costs for assistants, materials, and contracted services required for design, fabrication, engineering and installation of the On-Site Art;

3. Any required permit or certificate fees and reasonable business and legal costs directly related to the On-Site Art;

4. Communication, utilities, insurance and other indirect costs associated with the creation but not the operation of the On-Site Art;

5. Transportation of any On-Site Art to the Private Development site;

6. Preparation of the Private Development site specifically required for the On-Site Art, such as fabrication of platforms or pedestals;

7. Costs associated with the installation of the On-Site Art;

8. Mountings, anchorages, containments or other materials necessary for installation of the On-Site Art;

9. Five percent (5%) administrative costs fee paid to the City;

10. A plaque or plaques identifying the On-Site Art; and

11. Contingency fund for unplanned expenses; no more than 10% of the total art contribution amount.

Ineligible Expenditures. Expenditures that are ineligible to be counted toward the On-Site Publicly Accessible Art contribution include:

1. Labor of assistants, materials, and contracted services not required for design, fabrication, engineering and installation of the On-Site Art;

2. Promotional materials or activities for any Artist, the On-Site Art, the Private Development project, the Private Developer or other parties involved in the Private Development project;

3. Opening, dedication or other costs of events for the On-Site Art, Artist, Private Developer or Private Development;

4. Services, materials, utilities or other expenses associated with the ongoing operation or maintenance of the On-Site Art;

5. Land costs or any other costs associated with the Private Development that are not part of and solely attributable to the On-Site Art; and

6. Any art consultant fees if a Private Developer chooses to employ a private art consultant for project management.
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11 G. Criteria for PAAC Review of On-Site Art
The Public Art Advisory Committee will evaluate the submitted On-Site Art project proposal based on the following criteria:

1. Context. Artwork must be compatible in scale, materials, form and content with their surroundings. Consideration shall be given to the architectural, historical, geographical, and social/cultural context of the proposed site;

2. Artistic Quality. Quality shall include excellence in the Artwork’s craftsmanship, originality in conception and integrity of materials used;

3. Media. All forms of media may be considered. Artwork may be portable, permanently affixed, or incorporated in the design and/or function of a public space;

4. Permanence. For permanent Artwork, due consideration shall be given to the Artwork’s structural and surface soundness, and to inherent resistance to theft, vandalism, weathering, and excessive maintenance or repair costs;

5. Public Safety. All Artwork or design elements shall be evaluated to ensure their compliance with public safety laws, regulations or requirements;

6. Diversity. The Public Art Program recognizes the cultural, racial, ethnic, and social diversity of Richmond’s population, as well as that of the greater Bay Area, and shall incorporate diversity in every aspect of the Program. PAAC may realize this goal as follows:
• Achieving an equitable distribution of commissions and acquisitions from Artists who represent Richmond’s multi- ethnic, multi-cultural population. • Commissioning Artwork throughout Richmond’s various neighborhoods. • Emphasizing and encouraging the acquisition of Artwork which include a wide variety of styles, scale, and media.
• Encouraging community participation in the Public Art process, when appropriate. • Encouraging the exploration and understanding of new and experimental art forms as well as established and traditional art forms.

7. Feasibility. Before a Public Art proposal is given final approval, it shall be evaluated for its feasibility relative to:
• The project budget and its estimated timeline.
• Convincing evidence that the Artist can complete the Public Art project on time and within the proposed budget.
• Approval of the project by the appropriate City agencies, relative to safety, maintenance, and code requirements.

9. Visibility and accessibility of On-Site Art:
• Compliance with any American Disabilities Act (ADA) requirements.

10. Engagement or interactive elements.

H. Designated Public Art Space by Special Process
Private Developers interested in creating a Designated Public Art Space, as described in RMC

6.50.030.E Designated Public Art Space by Special Process, must follow the following process after submitting the application described in Section II.A above.

Private Developers shall meet with the Arts and Culture Manager within 60 days of submission of the Planning Application with a preliminary proposal of the Designated Public Art Space. If the Arts and Culture Manager determines the proposal meets the requirements of the Public Art Program (RMC 568
12 6.50.030.E), the Private Developer will receive instructions on documentation and requirements for next steps.

I. Compliance with City laws and ordinances
On-Site Art and Designated Public Art Space is subject to, and shall comply with, all applicable City ordinances and laws and regulations of other governmental agencies. Prior to installation or construction of the On-Site Art or the Designated Public Art Space, the Private Developer shall identify and secure all applicable permits from affected City divisions and departments. Below are links to some applicable departments:
● Planning (Community Development Department)
● Building (Community Development Department)
● Public Works
J. Maintenance of On-Site Art and Designated Public Art Space The Private Developer and/or property owner of the Private Development project site, shall be responsible for the ongoing and regular maintenance to preserve the On-Site Art or Designated Public Art Space in good condition. As provided in Section 6.50.030 (G) of the Municipal Code, the Private Developer shall ensure that a declaration of covenants, conditions and restrictions is recorded against the Private Development project property site, in favor of the City, and it shall include the property owner’s maintenance obligations as required herein. If and when the Private Development Project site is sold, the maintenance obligations shall be transferred to the new property owner.

The Private Developer and/or the property owner, shall maintain the On-Site Art following any special instructions provided by the Artist, and shall promptly perform any and all necessary repairs to the satisfaction of the City. The obligation to maintain and preserve the On-Site Art or a Designated Public Art Space includes the obligation to take reasonable steps to protect the On-Site Art or Designated Public Art Space against destruction, damage or modification.

The City shall not be responsible for any maintenance of the On-Site Art or a Designated Public Art Space.

If the Private Developer and/or property owner fails to maintain the On-Site Art or Designated Public Art Space within 90 days of notice from the City, the City may perform all necessary repairs and maintenance, and the Private Developer and/or property owner shall be responsible for reimbursing the City for such costs. If the Private Developer and/or property owner fails to reimburse the City, the City may impose a lien against the real property.

K. Relocation of On-Site Art or Designated Public Art Space The Private Developer and/or property owner of the Private Development project site shall maintain the On-Site Art and/or Designated Public Art Space in the location approved by the Arts and Culture Commission. The Private Developer and/or property owner may submit a written request to the Arts and Culture Commission to relocate the On-Site Art and/or Designated Public Art Space within the Private Development project site.
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13 If the Private Development project or the Private Development project site where the On-Site Art and/or Designated Public Art Space is located is sold, the On-Site Art and/or Designated Public Art Space must remain at the location approved by the Arts and Culture Commission. The Private Developer and/or property owner may not remove the On-Site Art and/or Designated Public Art Space from the site.

In the case where the Private Development project is to be demolished, the Private Developer and/or the property owner must relocate the On-Site Art and/or Designated Public Art Space to another publicly accessible permanent location approved in advance by the Arts and Culture Commission.

L. Ownership of On-Site Art or Designated Public Art Space The On-Site Art or a Designated Public Art Space shall become the property of the Private Developer and/or the property owner, and successor(s) in interest. On-Site Art or a Designated Public Art Space shall not be sold or transferred other than to a subsequent successor in interest of the property. As such, the ownership of the On-Site Art, along with any maintenance obligations, will be transferred with the property.

M. Modification to or Removal of On-Site Art or Designated Public Art Space If the Private Developer and/or property owner wishes to sell, deaccession, modify or remove the OnSite Art or Designated Public Art Space from the project site approved by the Arts and Culture Commission, the Private Developer and/or property owner must notify the Arts and Culture Manager a minimum of 90 days before the intended date to remove the On-Site Art or Designated Public Art Space.

They must receive prior approval from Public Art Advisory Committee and the Richmond Arts and Culture Commission before doing so. The Private Developer and/or property owner will be required to replace any sold or deaccessioned On-Site Art with an alternative Artwork of equivalent or greater value, as determined in the sole discretion of PAAC and the Commission. In the alternative, and with prior approval of the City, the Private Developer can choose to pay an in-lieu contribution fee in accordance with the Public Art Program Ordinance.

Private Developers and/or property owners shall be solely responsible for complying with all requirements of the Visual Artists Rights Act (VARA), and the California Art Preservation Act (CAPA). As provided in Section II. D (5) above, the Private Developer shall obtain a signed copy of a VARA/CAPA waiver from the selected Artist prior to the installation or creation of the On-Site Art, as provided in Exhibit B.

Private Developers and/or property owners agree that the City has an absolute right to require the Private Developer, Artist, and/or property owner to change, modify, remove, relocate, repair, or restore the On-Site Art, or portions of the On-Site Art, where it is in the public’s best interest.

N. City Inspection of On-Site Art or Designated Public Art Space On reasonable advance notice, City staff shall have the right to inspect the On-Site Art or Designated Public Art Space to ensure compliance with all City requirements. 570
14 O. In-Lieu Contribution
In-lieu of On-Site Art or Designated Public Art Space, a Private Developer may pay an in-lieu contribution of 1% of the estimated Building Development Costs to the City’s Public Art Projects Account. Private Developers submit the payment alongside all other fees due at building permit issuance. No presentations to the Public Art Advisory Committee or meeting with the Arts and Culture Manager will be required. To verify that it has been paid, the Arts and Culture Manager shall sign the building permit card. The Arts and Culture Manager confirms the receipt of contribution to the Public Art Projects Account in-lieu of providing On-Site Art or Designated Public Art Space prior to the final Certificate of Occupancy issuance or Final Inspection approval.

P. Public Art In Private Development Process Chart and Payment Schedule – On-Site Art, In-Lieu Contribution, Designated Public Art Space
The Public Art in Private Development Process Chart can be seen in Exhibit C and the Public Art in Private Development Payment Schedule chart can be seen in Exhibit D.

III. PUBLIC ART ON CITY PROPERTY
The procedures, requirements, and policies in this section apply to Public Art purchased or commissioned to be placed on City Property with resources from the Public Art Projects Account.

A. Ownership of Artwork on City Property
All Artwork, including design elements, and other objects acquired for or by the City, and/or funded by the City, pursuant to this section, shall be acquired in the name of the City of Richmond and title shall vest in the City of Richmond. All Public Art placed on or in City Property, either by gift, donation, or City funds, shall be owned by the City. Copyright shall be maintained by the Artist.

B. Criteria for selecting or acquiring of Public Art on City Property Criteria to be used by PAAC and Selection Panels (as defined below) for the acquisition of Public Art, shall include, but not be limited to, the following:

2. Artistic Quality. Quality shall include excellence in the Artwork’s craftsmanship, originality in conception and integrity of materials used;

3. Media. All forms of media may be considered. Artwork may be portable, permanently affixed, or incorporated in the design and/or function of a public space. Temporary exhibits or installations may also be considered for commissions;

5. Public Safety. All Artwork, design elements, or temporary installations shall be evaluated to ensure their compliance with public safety laws, regulations or requirements; 571
15 6. Diversity. The Public Art Program recognizes the cultural, racial, ethnic, and social diversity of Richmond’s population, as well as that of the greater Bay Area, and shall incorporate diversity in every aspect of the Program. PAAC and the Commission may realize this goal as follows:
• Achieving an equitable distribution of commissions, acquisitions, and temporary exhibitions from Artists who represent Richmond’s multi- ethnic, multi-cultural population.
• Commissioning Artwork throughout Richmond’s various neighborhoods. • Emphasizing and encouraging the acquisition of Artwork which include a wide variety of styles, scale, and media.
• Encouraging community participation in the Public Art process, when appropriate. • Encouraging the exploration and understanding of new and experimental art forms as well as established and traditional art forms.

8. Visibility and accessibility of Artwork:
• Compliance with any American Disabilities Act (ADA) requirements.

9. Engagement or interactive elements;
C. Criteria for the Site Location of Public Art
Prior to recommending a site for a Public Art project, the Arts and Culture Manager, in collaboration with appropriate City agencies, the Public Art Advisory Committee, and the Commission, shall evaluate the proposed Public Art site using the following factors:

1. Visibility and public access.

2. Public safety.

3. Interior and exterior traffic patterns.

4. The relationship of the proposed Public Art project to the site’s existing or future architectural features and to its natural features.

5. The function and uses of the facility or site.

6. The nature of the site’s surrounding neighborhood and potential impact of the Public Art project on residences or businesses.

7. Future development plans for the area which may affect the Public Art project.

8. The relationship of the proposed Public Art project to existing works of art or design elements within the site’s vicinity.

9. The proposed Public Art project’s impact on the surrounding environment.

10. The social or cultural context of the proposed Public Art or design element relative to the site and its surrounding environment.
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16 D. Public Art Reviewing Bodies (Selection Panels, etc.) In addition to PAAC and the Arts and Culture Commission, Selection Panels and/or Ad-hoc Advisory Committees may be assembled to review certain projects, as further provided below.

1. Selection Panels: Selection panels are ad-hoc panels assembled for specific projects. The role of the selection panel is to assist the City in identifying qualified Artists to be considered for a Public Art project. The number of panelists and the composition of the panel appointed for projects will depend upon the size, location, and complexity of each project. In general panels shall comprise a minimum of three persons from the categories listed below. There shall be an odd number of voting members on the panel to remove the possibility of a tie. a) Voting Members
(1) At least one Artist or arts professional (curator, educator, etc.) (2). At least one representative of the neighborhood in which the artwork will occur. b). Non-voting advisors.
(1). Includes members of the design team, such as the project architect The Arts and Culture Manager shall recommend panelists and shall submit these recommendations to the PAAC for review. Selection of panelists shall be made based on an analysis of the following:
• Experience in implementing or administering Public Art projects; • Knowledge of current trends and issues in Public Art; • Knowledge of local, regional and national arts;
• Experience and interest in working with Richmond’s multi-cultural community; • Ability to assess the creativity, design skills, and problem-solving abilities of Artists under review;
• Knowledge of materials and methods of fabrication used in Public Art projects and an ability to assess their appropriateness to a particular site; • Ability to represent a particular neighborhood or area of Richmond in which the Public Art will be sited;
• Ability to work cooperatively and effectively in a panel process.

To expedite the recruitment and approval of panelists, City staff may develop a list of qualified panelists.

Any persons who would receive financial gain from the selection of Artists or Artworks are ineligible to serve on a Selection Panel. Any Artist selected to serve on the Selection Panel is precluded from having his/her work considered for any Public Art project during his/her time of service. Previous PAAC or Commission members who have served in the past two years may not serve on a Selection Panel.

In general, panelists shall be compensated for their time reviewing application materials and attending panel meetings. Compensation shall be paid at the rate of $100 per day, or $50 per half573 17 day. City employees and members of the PAAC and the Commission shall not be compensated for participation in the review and selection process.

2. Ad-hoc Advisory Committees: For certain Public Art projects, PAAC may elect, in its sole discretion, to establish an ad-hoc “advisory” committee. An advisory committee is an ad hoc group which provides staff and Artists with information regarding the physical parameters of the site, the site’s users or audience, the social, historical, or cultural history of the neighborhood where the Public Art will occur, and other types of information which may assist the Artist in preparing a design proposal.

Advisory Committee members shall be identified through existing community organizations and by referrals from other agencies, public or private, which are familiar with the neighborhood in which the Public Art project will occur. The Advisory Committee will represent residents or facility or site users who will be most affected by the Public Art project and who can provide the Artist with useful information in the development of their project. The Advisory Committee, as a whole, does not retain the right to vote, and should neither advise nor influence the Selection Panel during their deliberations. However, one or more Advisory Committee members may serve on a Selection Panel if requested by the PAAC to do so, if eligible as described in Section III.D.1 above. The Advisory Committee may consist of one or more of the following persons:

1.The design architect, if selected.

2.The project manager or designee from the City agency collaborating on the project.

3.Other design team members, if appropriate.

4.A member of the Public Art Advisory Committee.

E. Selecting Artists and Artwork for Public Art for City Property

1. Methods of Selecting Artists and Artwork
Artists may be selected for Public Art projects by one of the following methods as determined by the Arts and Culture Manager:

1. Direct selection: Artist(s) or completed Artwork(s) chosen directly by the Public Art Advisory Committee or by a Selection Panel.

2. Limited competition or invitational: Artists are invited by the Public Art Advisory Committee or by a Selection Panel to submit proposals, a completed Artwork, or otherwise participate in a Public Art project.

3. Open competition: any Artist is eligible to participate, subject to limitations established by the Public Art Advisory Committee.

2. Artist Recruitment Methods

1. Direct Recruitment: The City may utilize direct recruitment methods to solicit qualified Artists for a project. Direct recruitment shall be defined as the direct solicitation of qualified candidates by means of direct mailings of the RFQ or RFP, or through phone contact with Artists, arts organizations, galleries or other sources for the purpose of soliciting names of Artists to be considered for a project.
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18 2. Competitive Processes: For competitive projects, the City shall develop a Request for Qualifications (“RFQ”) or a Request for Proposals (“RFP”). The RFQ or RFP shall be disseminated as widely as possible through local media, the arts media, and through direct mailings to Artists and arts organizations. The RFQ or RFP shall include the following information. • A description of the Public Art project, including its goals; the project parameters, including the site’s physical description, potential approaches to the project, and any physical or legal restrictions which may apply to the project.
• The Artist’s potential scope of work.
• Application procedures, including materials requested, eligibility factors, and timelines. • Selection procedures (if appropriate).
• Criteria for the selection of Artist(s) and Artwork(s). • Project budget.
• A Request for Proposals shall include an honorarium for the Artists to further develop the art concept design proposal.

3. Artist Selection Criteria
In general, any Artist may be considered for a Public Art purchase or commission. Specific eligibility requirements will be established by the Arts and Culture Manager at the initiation of each project and will be described on the RFQ/RFP. In general:

1. Artists will be considered for commission on the basis of their professional qualifications, as demonstrated by past work, relevant professional experience, the appropriateness of a specific proposal to the project goals and parameters, and the probability that the Artist can successfully complete the project given the proposed timeline or budget. Artwork or proposals submitted by the Private Development Project architect and/or members of the design team, and Artists who are members of or family members of the Arts and Culture staff, the PAAC, Commission, or the City Council, shall not be accepted. If a past member of PAAC, the Commission, or City Council wishes to propose Artwork, there must be at least a minimum of two years between serving on such governing bodies and consideration of Artwork or proposals.

2. Artists shall not receive more than two commissions from the City of Richmond in any fiveyear period, nor shall Artists receive more than one commission in consecutive years. These restrictions shall apply to individual Artists, Artists who are commissioned as part of a team, and/or any Artists who will receive credit for any commissioned project.

3. Artists may be selected on a regional or national basis. Though preference may be given to Richmond-based Artists for any given project, the Public Art Program shall encourage a wide diversity in style, scale and media in Public Art, and encourages the exchange of ideas and creative talent from all Artists.

4. Artist and Artwork Selection Procedures

1. Pre-Screening: The Arts and Culture Manager, and designated City staff, shall pre-screen Artist applications, and evaluate them relative to the minimum candidate criteria and qualifications outlined in the RFQ or RFP. City staff shall then present the slate of qualified candidates for review to a Selection Panel, as described below.
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19 2. Selection Panel Review: The Selection Panel shall meet under the following process:
(a) The Selection Panel (and Ad-hoc Advisory Committee, where applicable) shall review the pre-screened lists of Artist applications. Along with the candidates recommended for review by the Arts and Culture Manager, the Selection Panel will receive a list of all project applicants. Panelists may request to review any Artist previously eliminated by the staff if they believe that the Artists on the pre-screened list do not meet the stated minimum qualifications.
(b) City staff shall issue written instructions to panelists detailing the duties and responsibilities related to the project before the first panel meeting. (c) The Selection Panel shall review credentials, proposals, and/or materials submitted by Artists.
(d) The Selection Panel shall recommend to the Public Art Advisory Committee: an Artist or Artists to be commissioned for the Public Art project; an Artist or Artists to develop a design proposal for the Public Art project; or recommend an Artist or Artists whose existing work is to be selected for the Public Art project. In the case where an Artist or Artists have been asked to prepare a specific design proposal, the Selection Panel shall re-convene to review the proposals and shall select the Artwork following the same procedures as outlined in steps (a)-(c) above. If a consensus cannot be reached by the Selection Panel, then a vote shall be taken, with the majority carrying the decision. Panelists shall each have one vote, and no Panelist shall have the right of veto. (e) The Selection Panel shall have the option of making no selection. In the event that no selection is made, the PAAC shall determine whether to: (1) initiate a new selection process; (2) revise the Public Art project; or (3) abandon the project. (f) The Selection Panel’s recommendation shall be recorded by the Arts and Culture Manager in the form of a written record to the Public Art Advisory Committee. If PAAC approves of the Selection Panel’s recommendation, then the selected Artist’s application will be given formal approval by resolution of the PAAC. If PAAC rejects the Selection Panel’s recommendation, then an alternative process for project development will be determined.
(g) If PAAC approves of the Selection Panel’s recommended Artist application, PAAC shall forward a recommendation to the Arts and Culture Commission for final approval. The Commission shall review and approve or reject the PAAC’s recommendation. If the Commission rejects PAAC’s recommendation, the Commission will provide a written report to the PAAC with the reasons for the rejection. PAAC shall then determine whether to: (1) revise or modify the project; (2) initiate a new review and selection process; or (3) abandon the project.
(h) For Public Art projects over $10,000, the Commission shall forward approved Artist applications to City Council for final approval. If the City Council accepts the Commission’s recommendation, City Council shall approve the selected Artist’s proposal by means of a formal resolution authorizing the City to enter into contract with the selected Artist(s). If the City Council rejects the Commission’s recommendation, the PAAC shall determine whether to: (1) revise or modify the project; (2) initiate a new review and selection process; or (3) abandon the project.

3. Commission and City Council’s Review: In general, the Commission and the City Council shall reject the PAAC’s recommendation for the selection of an Artist, Artwork, or design proposal only if there are compelling reasons to do so. Compelling reasons shall be if the Commission or 576
20 Council determines and substantiates that the Artwork or design proposal: (i) constitutes a public safety threat; (ii) presents long-term maintenance problems; or (iii) creates a negative image or depiction of Richmond’s residents, visitors, or neighborhoods.

4. Modified Panel Review: For some projects, such as those with budgets of $50,000 or less, or where time is of the essence in recruiting, selecting, and commissioning an Artist, the PAAC shall retain the option of:
(a) Selecting one or more Artists to work on the project through direct invitation. (b) Developing a short list of qualified Artists to present to a Selection Panel and/or convening a Selection Panel comprised of a staff representative, a representative of the client agency or facility, and one guest panelist. This panel will review the short list of qualified Artists and select one or more Artists for the Public Art project.

F. Public Art Project Management

1. Inter-Agency Procedures

1. The Arts and Culture Commission will negotiate a contract with the selected Artist and with other consultants as necessary, for the purchase or design, fabrication, and installation of the Public Art. Contracts will be executed by the City Manager, or their designee. The contract between the City and the Artist may include, but is not limited to: scope of services, insurance, Artist’s rights, indemnifications, the Artist as an independent contractor, removal or modification of the Public Art, risk of loss, and title.

2. Disbursements from the Public Art Projects Account shall be made only after authorization from the Arts and Culture Commission.

3. On-site activity related to the installation of the Public Art will be coordinated between the Arts and Culture Manager and the appropriate City official(s) within the Department having jurisdiction over the site and/or construction.

4. In the case of sites under development, the appropriate City official(s) within the applicable Department will coordinate the concurrent site development and the Public Art installation in the most efficient manner possible.

5. In the case of existing sites, staff and the appropriate City official(s) shall oversee and facilitate the installation of the Public Art. In such cases, the cost of necessary site alteration or restoration shall be borne by the Public Art Program unless otherwise agreed upon by the appropriate City official(s).

6. Unless otherwise agreed, routine maintenance of the Public Art shall be the responsibility of the Department having jurisdiction over the site where the Public Art is located. Routine maintenance shall include such tasks as dusting, sweeping, and other such activities.

Extraordinary maintenance and/or conservation of the Public Art shall be the responsibility of the Arts and Culture Manager on behalf of the Arts and Culture Commission. No City agency or Department shall be responsible for the conservation of Public Art, and no conservation or repair work shall be performed by the applicable department without the prior written consent of the Arts and Culture Commission.

7. Any proposed Public Art, which is deemed by the Commission and the applicable Department head to require extraordinary operations or maintenance on the part of the host Department, shall be subject to review by the applicable Department head. The Arts and Culture Manager, in consultation with other City agencies, shall develop a maintenance needs survey of the 577
21 Public Art collection and shall determine appropriate budgets and procedures for the care and maintenance of the collection.

8. In general, the applicable Department staff and consultants hired by the Department in connection with a development project which includes a Public Art project shall not receive additional compensation for time spent in connection with the implementation of Public Art projects. However, where a specific technical or professional task is performed by such staff or consultant(s), solely in connection with the Public Art, and where the task is necessary to the execution or installation of the Public Art, and where it is not feasible to include it as the responsibility of the Artist under the terms of the Public Art Program, such Departmental staff and/or consultants may receive compensation for work performed provided that reimbursement is requested prior to establishment of the project budget and is approved by the appropriate City departments.

G. Maintenance, Removal, and Deaccession of Public Art on City Property The City of Richmond is responsible for the maintenance and conservation of Public Art on City Property, unless otherwise agreed to with the Artist. When reasonable, the City may consult with the Artist(s) on how to properly maintain and conserve the Public Art.

The City of Richmond reserves the right to remove, relocate, deaccession, or replace any of the Public Art on City Property. The City may remove or replace Public Art if the Public Art: no longer retains its physical integrity or authenticity; the Public Art is damaged or of no value; the Public Art is no longer relevant or appropriate; the City can no longer properly preserve and maintain the Public Art; or for any other reason in the City’s sole discretion.

All Artists selected to create and install Public Art on City Property shall be required to sign the VARA/CAPA waiver provided in Exhibit B of this document. Artist shall maintain copyright.

IV. PUBLIC ART GIFTS AND LOANS
The following section provides a process for the review of proposed gifts and loans of Artwork to the City of Richmond, and for the placement, care, and preservation of such Artwork.

A. Conditions Governing the Donation of Artwork to the City of Richmond Potential donors of Artwork must submit the following information and materials to the City prior to gifting or donating Artwork:

1. Digital images of the Artwork which depict it from all sides;

2. A written description of the Artwork, including dimensions (height, width, depth and weight), materials used, and any frames, backings, mounts or anchoring systems to be used in the installation of the Artwork;

3. A site plan which identifies and describes the proposed site for the Artwork and which accurately depicts the Artwork in relationship to the surrounding environment;

4. A written description and/or drawing of the proposed method of installation and a timeline for the transportation and installation of the Artwork;

5. An estimated cost for transporting and installing the Artwork (to be done at donor’s expense, unless otherwise agreed to by the City);

6. Written authorization from the City agency with jurisdiction over the site, approving the 578
22 installation of the Artwork;

7. A VARA/CAPA waiver signed by the Artist. (See Exhibit B).

The Arts and Culture Manager will review the materials and, if the information is complete, will forward them to the Public Art Advisory Committee for review. The PAAC shall determine the feasibility of the proposed donation and shall forward a recommendation to the Arts and Culture Commission for review. If the Commission recommends acceptance of the proposed Artwork, a recommendation will be made to the City Council for final approval and acceptance of the Artwork.

B. Review and Acceptance Criteria for Donated or Gifted Artwork Proposed gifts of Artwork shall be evaluated on the following criteria:

1. An analysis of the relationship of the proposed Artwork to its proposed location, and its relevance to its primary audience;

2. An evaluation of the Artwork’s aesthetic quality, relative to its form, materials and craftsmanship;

3. The availability and appropriateness of an acceptable site for the Artwork;

4. An analysis of the financial impact of the proposed gift on the Public Art Program, including costs related to the insuring of the Artwork and to any long-term maintenance or conservation costs;

5. An analysis of the impact of the proposed gift on other City departments, to include any routine operations or maintenance requirements.

C. Conditions of Acceptance of Gifted or Donated Artwork

1. The Public Art Advisory Committee and the Arts and Culture Commission encourage clear and unrestricted gifts to the City of Richmond. Any conditions or restrictions attached to a gift or loan must be represented to the Public Art Advisory Committee for review and to the City Council for approval. No Artwork will be accepted with conditions deemed unacceptable by the Public Art Advisory Committee, Commission, or the City Council, nor will any Artwork be accepted with an attribution or circumstance guaranteed in perpetuity.

2. A legal document of transmittal, transferring title or loan of the Artwork, and defining the rights and responsibilities of all parties, must accompany all gifts of Artwork.

3. The City of Richmond requires the donor to obtain a signed copy of the VARA/CAPA waiver (attached hereto in Exhibit B) from the Artist of the donated Artwork.

D. Conditions Governing the Exhibition of Artwork on City Property This section applies to Public Art that has been provided or loaned to the City free of charge for the City to exhibit temporarily on City Property.
1 .Materials to be submitted by Artwork Lender:

Persons or organizations requesting to temporarily exhibit Artwork in or on City-owned property must submit the following to the Arts and Culture Manager:

1. Photographs, digital images, and/or slides of the Artwork to be exhibited.

2. A description of the location where the Artwork will be exhibited and a written authorization 579
23 from the City agency with jurisdiction over the site which approves the proposed loan of the Artwork in that location.

3. A written description and/or drawing of the proposed method of installation and a timeline for the transportation and installation of the Artwork.

4. A VARA/CAPA waiver signed by all Artist(s) of the exhibited work. (See Exhibit B).

2. Lender’s Agreements:

When exhibiting Artwork on City Property, the Artwork lender (hereinafter the “Lender”) shall enter into a written agreement with the City, as approved by the Arts and Culture Manager. As detailed in the agreement with the City, the Lender shall at a minimum agree to the following:

1. Unless otherwise agreed to in writing by the City, the Lender shall be responsible for all costs associated with the transportation, installation, de-installation, and insuring of the Artwork.

2. Upon removal of the Artwork, the Lender must return the site to its original condition and remove any debris caused by or resulting from the exhibition of the Artwork. Such debris includes, but is not limited to, any parts or materials from the Artwork which have been purposefully or not purposefully removed from the body of the Artwork.

3. Unless otherwise agreed to in writing by the City, the Lender must agree to exhibit the Artwork at his/her own risk and to bear the expenses of any losses or damages to the Artwork. The Lender must agree to indemnify, defend, and hold harmless the City and its employees, volunteers, and agents, from any and all liabilities, claims, demands, actions, damages, losses, and costs, in any way arising from or related to the Artwork, or the Lender and/or Artist’s acts or omissions related to the Artwork. Additionally, the Lender shall include such indemnification requirements in any agreements between the Lender and the Artists, and ensure that the Artist(s) indemnifies the City and its employees, volunteers, and agents, from any and all liabilities and/or for any damages or losses to the Artwork.

4. The Lender must agree to produce and display an educational label for display next to or near the loaned Artwork.

5. The Lender must agree to remove the Artwork within three days’ notice from the City to do so if the Artwork becomes damaged or destroyed and/or becomes a danger or visual impediment to the public, and/or for any other reason in the City’s sole discretion.

6. The Lender must obtain a signed VARA/CAPA waiver (as provided in Exhibit B) for any Artist(s) whose Artwork will be included in the exhibition on City Property.

E. Acceptance of Monetary Gifts for the Acquisition of Artwork Proposed monetary gifts or donations to the City for the purpose of acquiring Artwork shall be referred to the Arts and Culture Commission for review. All recommendations on the acceptance or rejection of proposed gifts of money shall be referred to the City Council for final approval and acceptance.

V. RECORDS AND FILES FOR PUBLIC ART PROJECTS
The Arts and Culture Manager shall, to the best of their ability, maintain records of each Public Art project, whether on City owned property or on private property. The records shall include, but not be limited to, the following:

1. Contract(s) with the Artist(s) and consultants participating in the Public Art project.

2. Records of City Council, Commission, and Public Art Advisory Committee actions bearing on the project.
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24 3. Interdepartmental agreements relating to the siting or implementation of the project.

4. Correspondence, announcements, memoranda, and publicity information relating to the project.

5. Records of all billings made in connection with the project.

6. All proposals submitted and other visual or written materials relating to the Artist’s design or method of execution as they are submitted or become available.

7. Digital image(s) of the Public Art.

VI. CITY CAPITAL IMPROVEMENT PROJECTS APPRORPIATION FOR PUBLIC ART
As required by Section 6.50.020 of the Public Art Program Ordinance, all City Capital Improvement Projects (CIPs), including all City bond measure projects and all other City capital projects funded from outside granting authorities, shall contribute an amount equal to one and one-half percent (1.5%) of the total development costs of any Capital Improvement Project, to be set aside for Public Art. CIPs subject to this requirement shall include, but are not limited to, buildings, shelters, parking garages and lots, restrooms, small structures, parks, medians, landscaping, plazas, gateways, bridges, walls, tunnels, and street and road construction.

Salaries and benefits of public employees supporting CIPs may not be included in the CIP budget when calculating the City’s 1.5% appropriation amount.

VII. Neighborhood Public Art Mini-Grants
The Neighborhood Public Art Mini-Grant program (“NPA program”) is administered by the Arts and Culture Commission. It is funded through the City of Richmond General Fund. An application is released each year by the Arts and Culture Commission.

A. Background
The Neighborhood Public Art Mini grants are designated to stimulate arts and culture in the Richmond community, help emerging Artists of all ages and ethnicities, and fund local visual, literary and performing arts projects. Since 2010, the NPA program has been coordinated by the Arts and Culture Commission, and has engaged hundreds of community membersin art projects all over the City of Richmond.

B. Purpose
What an NPA Mini-Grant does:
• Provideslocal Artists/non-profit arts organizations/communitymembers with funding for their art projects.
• Assists applicants with meeting deadlines, making budgets, and contract compliance. • Builds community and enables the Artists to pass on their skills by participating in the grants.
581
25 • Helps emerging Artists to pass on their skills to others: “each one, reach one, teach one”.

C. Eligible Art Forms
• Visual Arts: paintings, graphics, ceramics, mosaic, crafts,sculpture, murals, etc. • Performing Arts:spoken word, music, dance, theater, etc. • Literary Arts: Written fiction, non-fiction, poetry, prose,short stories, etc.

D. Eligibility Criteria for Applicants
Eligible: Richmond residents and Richmond-based arts organizations may apply as individuals, as a team with partners, or as a non-profit arts organization. Licensed "non-profit" organizations may serve as fiscal agentsfor individual mini grants. If someone is already engaged in a creative project and needs additional funding, they are eligible to apply for a NPA Mini-Grant. If anyone has received more than two NPA grants, the City requests that they please consider partnering with an emerging Artist to apply.

Ineligible: "For-profit" (corporate entities) do not qualify for this NPA Mini-Grant. City of Richmond employees, and/or a relatives of a Commissioner or any appointed official, may not apply for this grant, as this relationship represents a conflict of interest.

E. Grant Funding
Final awards will be disbursed in two parts. The first payment will be paid upon signing the contract and the second payment will be paid upon successful completion of the funded project.

F. Selection Process
All proposals received by the deadlines, will be reviewed for completeness and adherence to proposal submission guidelines. Proposals found to be eligible will be reviewed by the Arts and Culture Commission and ranked according to an established review process, using the established review criteria. Pre-qualified candidates will then be invited to make a presentation to the Arts and Culture Commission. From that group, the Arts and Culture Commission will identify a smaller group of semifinalists, and after a final review, a group of finalists, who will be offered mini grant awards. Incomplete applications will not be evaluated.

G. Grant Duration
Once grantees have been selected, contracts with the City will be prepared and awarded. Projects must be concluded no later than the end of the fiscal year.

Upon completion of each project, and for their final payment, Artists will be required to report back to the Arts and Culture Commission with a written summary and photos as evidence of the process and 582
26 completion and results of their creativity. Each awarded project will be assigned a liaison from the Arts and Culture Commission to assist and support the awardee through each step that will lead to a successful project.

H. Additional Requirements
Any Artist who receives awarded funds, but is unable to provide evidence of completion of milestones (50% complete and 100% complete) will be asked to return the funds.

Any Artist who receives awarded NPA grant funds, shall credit the City of Richmond, and the Richmond Arts and Culture Commission as a sponsor for their public art project i.e. mural, social media, etc. A high resolution City of Richmond logo and the Richmond Arts and Culture Commission logo will be provided to each awardee to be used on all written and other published media associated with their project.

VIII. PERFORMING ARTS AND TEMPORARY ARTWORK
The City intends to activate publicly-owned spaces in parks, plazas, streetscapes, and other City-owned property by encouraging performing arts and temporary artworks. Performing arts and temporary artworks enliven communities, provoke conversations and refresh the public realm. Performing arts may be funded by the City through the Public Arts Project Account, the City’s General Fund, and/or by private individuals or organizations. The City may initiate performing arts, or individuals or community organizations may initiate or request City consideration of performing arts.

A. Types of Performing Arts and Temporary Artwork Considered All approaches and media may be considered by the City, in its sole discretion. Performing arts may include, but are not limited to, vocal and instrumental music, dance and theatre, pantomime, and/or sung verse to be performed on City Property (other than in the City’s right-of-way). Temporary public art is defined as any art, including visual artworks, projections, digital media, virtual reality, lights, sounds, and other artistic media, to be placed on City Property (other than the City’s right-of-way), that is not intended to be permanent and is not made a part of the permanent public art collection.

B. City’s Goals for Performing Arts in the City

1. To encourage the temporary placement of thought-provoking, innovative works of high artistic merit that connect people to place;

2. To contribute to Richmond's sense of identity and pride;

3. To build on Richmond's identity as a diverse community and a center for innovation;

4. To engage Artists in projects that stimulate and encourage community interaction;

5. To create pilot projects in potential locations for permanent artworks;

6. To provide opportunities for emerging and established Artists.

C. Requirements for Performing Arts and Temporary Artworks Temporary artworks and performing arts on any City Property may only be permitted if the City Department responsible for that site is willing to allow the temporary placement of art.

Any physical Artwork included as part of the Performing Arts and/or Temporary Artwork must be constructed to withstand outdoor placement during the City-designated display period. Temporary Artworks and Performing Arts must not create a nuisance in the community where the Artwork is 583
27 proposed, especially when employing light or sound. Artwork must not present any public safety hazards or violate City laws or codes. Physical artwork selected for temporary placement may require stamped engineering drawings and permits and have specific insurance requirements as approved in advance by the City. Additionally, environmental review may be required. All Temporary Artworks must be removed by the Artist after prior notice from the City or at an agreed upon time with the City. The Artist must restore the site to its original condition upon completion of the display.

D. Procedures and Program Management
The City may include the commission of City-funded Performing Arts and Temporary Artwork projects in its Public Art Master Plan as discussed in the Public Art Program Ordinance.

1. Artwork Proposed by a Private Individual/Organization If Performing Arts or Temporary Artwork is being proposed by a private individual or organization, such individual or organization shall submit a proposal to the Arts and Culture Manager.

The proposal shall include the following information:
• The proposed location(s) for the art;
• The Artist’s resume;
• The type of artwork and a written narrative describing the artwork; • A minimum of two photographs of the work, if applicable; • Where applicable, a description of the construction materials and methods of fabrication and anchoring details;
• A signed VARA/CAPA waiver from any Artist participating in the proposed artwork (as provide in Exhibit B herein).

Projects proposed by private individuals or organizations will be evaluated by Arts and Culture staff for compliance with City standards and requirements and overall program goals. Where appropriate, the Arts and Culture Manager may convene a review panel and/or forward the proposal to the Public Art Advisory Committee for recommendation and Richmond Arts and Culture Commission for approval.

2. Artwork Proposed by the City
For Performing Arts or Temporary Artwork proposed by the City, such projects may be selected through an open Request for Proposal (RFP) process, or by limited invitation, or by a curatorial process that invites Artist proposals. The RFP or invitation typically will indicate the available sites for art placement, the duration of the display, and the City's requirements for insurance, liability, safety, etc. At its discretion, the Arts and Culture staff may convene a panel to review proposals.

The City shall enter into a contract with a selected Artist that shall include, but not be limited to: the Artist’s scope of services; the cost for design, fabrication, installation, maintenance and de-installation of commissioned temporary artwork or performing arts, or a fee for the loan and maintenance of preexisting artwork; indemnification requirements; the Artist as an independent contractor; a signed VARA/CAPA waiver (as provide in Exhibit B herein).

The City may contract for the services of guest curators or non-profit arts organizations to select and curate Performing Arts and Temporary Artworks. When a contracted arts organization or curator is chosen by the City to implement the Performing Arts or Temporary Artworks, the City's Arts and Culture 584
28 Manager must be included in the Artist selection process as well as on the project team that reviews design development and implementation.

3. Selection Criteria for Performing Arts and Temporary Artworks In general, the City may consider, but is not limited to, the following selection criteria when reviewing proposals for Performing Arts and Temporary Artworks:
• Artistic merit-the individual Artist or organization demonstrates high quality or promise through its artistic history and accomplishments;
• Appropriateness of the proposed artwork to site and goals articulated for the project; • Community engagement or impact- The proposed public presentation is appropriate to the project goals and feasible in its potential to share the work with a defined Richmond audience; • Feasibility and/or durability;
• The Artist’s goals and processes for the proposed artwork are clearly defined, demonstrate originality, clarity and depth of concepts;
• Cultural Equity Impact - Demonstrated ability of the proposed artwork to support Richmond’s diverse cultural traditions and values, including capacity to support the City’s underserved communities;
• Visibility and accessibility of the performing art or temporary artwork, and compliance with any American Disabilities Act (ADA) requirements.
• Compliance with City codes and any all public art requirements and missions.

4. Review Process for all Performing Arts and Temporary Artworks The Arts and Culture Commission will review and approve, deny, or suggest revisions to Performing Arts and Temporary Artwork proposals. City Council approval must also be obtained for any Temporary Artworks or Performing Arts projects that are funded through the Public Art Projects Account over $10,000. In general, the City Council shall reject the Commission’s recommendation for the selection of an Artist, Artwork, or design proposal only if there are compelling reasons to do so. Compelling reasons shall be if the City Council determines and substantiates that the Artwork or design proposal: (i) constitutes a public safety threat; (ii) presents long-term maintenance problems; or (iii) creates a negative image or depiction of Richmond’s residents, visitors, or neighborhoods.

Temporary and Performing Arts based projects of less than 24-hour duration may be reviewed and approved by the Arts and Culture Manager.

5. Acceptance Conditions

1. The City reserves the right to manage City Property including the removal of the Artwork, for reasons that include but are not limited to matters of public safety, or where Temporary Artwork or Performing Arts elements have been left on City property beyond the agreed terms, or is damaged beyond repair.

2. If an Artwork is not completed within the timeline originally approved by the Arts and Culture Commission, or if changes in content, materials, form, presentation, or financing of the artwork occur, the artwork must be reviewed again by the Arts and Culture Manager and Arts and Culture Commission.

3. In accepting a Temporary Artwork, the City of Richmond requires that the responsible parties 585
29 enter into an agreement with the City for the duration of the display that outlines the maintenance responsibilities and agreement to remove the work at the agreed upon conclusion of the display, leaving the site in its original condition or better.

4. Neither the Arts and Culture Commission, nor the City of Richmond, nor any of its agents, will be held liable for any damage or state of disrepair of a Temporary Artwork or any Performing Arts elements or props.

5. The Artist(s) agree to indemnify, defend, and hold harmless the City of Richmond, and its employees, agents, and volunteers, from and against any and all liabilities, claims, demands, actions, damages, losses, and costs, in any way arising from or related to the approved Performing Arts or Temporary Artwork, or the Artist(s) acts or omissions related to the Performing Arts or Temporary Artwork.

6. Documentation
Artists shall assist the Arts and Culture Manager to collect or create documentation that includes the following information:
• Photographs or other documentation of the installed Temporary Artwork or the Performing Arts.
• Mention and/or reviews of the Performing Arts or Temporary Artwork in local press.

IX. PUBLIC ART FUNDS
A. Public Art Project Account
As provided in the Public Art Program Ordinance, the Public Art Project Account is established and maintained by the City for the purpose of funding public art programming consistent with the Public Art Program Ordinance and the Public Art Policies and Procedures.

B. Sources of Public Art Project Account Funds
Public Art Project Account funds shall be comprised of the following:

1. In-lieu contribution fees for Private Development Projects (as discussed in Section II herein);

2. Appropriations collected from City Capital Improvement Projects (as discussed in Section V herein);

3. Monetary donations and gifts to the City for Public Art use;

4. Any other appropriation amounts from the City.

C. Use of Public Art Project Account Funds
Approximately two-thirds of the funds in the Public Art Project Account shall be used for any fees and/or costs directly related to the selection of Artists or Artwork, for the fabrication and installation of Public Art, and for costs associated with displaying and identifying the Public Art. More specifically, Public Art Projects Account funds in this category may be used for, but are not limited to, the following:

1. Any honorarium fee to develop the Artist’s design concepts; 586
30 2. To purchase or commission Artwork or design elements created by Artists to enhance Richmond’s public spaces and to be placed on City property;

3. Any costs associated with the placement, installation, and display of Public Art;

4. Any costs related to the selection of Artists or Artwork;

5. Selection panelist fees (not including City of Richmond staff or PAAC or Commission members);

6. To establish, create, install, or maintain a designated Public Art space that is generally open to the public during regular business hours, and which may be used as a rotating art gallery, free of charge, or as a designated space to be used for the primary purpose of arts and cultural programming. This does not include those items which contribute to the asset base and normal operating expenses of a resident agency, such as a city museum or gallery, or a private cultural institution.

Approximately one-third of the remaining Public Art Project Account funds shall be used as follows:

1. To maintain, conserve, repair, or relocate already existing and installed Public Art or design elements in the City;

2. To fund any staffing, administrative, and/or contingency costs for the implementation of the Public Art Program;

3. To defray such other expenses which are, or may become, an integral part of the Public Art Program, including community education and outreach, documentation, publicity, or promotion.

D. Ineligible Use of Public Art Project Account Funds
Public Art Project Account funds may not be used for the following:

1. Directional elements such as super-graphics, signage, or color coding except where these elements are integral parts of a Public Art project or are executed by Artists in unique or limited editions;

2. Art objects which are mass produced and of standard design, such as playground equipment or fountains;

3. Reproduction, by mechanical or other means, of original Artwork, except in cases of film, video, photography, printmaking or other media arts;

4. Decorative or functional elements that are designed by the building architect or landscape architect;

5. Landscape architecture, except when deemed to be an integral part of an Artist’s work and relevant to a project under consideration;

6. Those items which contribute to the asset base and normal operating expenses of a resident agency, such as a city museum or gallery, or a private cultural institution;

7. Artwork acquired through third party owners, such as private collectors or auction houses;

8. Architects’ fees, except in such cases where the public art component significantly changes a project architect’s scope of services.
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31 X. EDUCATION AND OUTREACH
In order to stimulate and encourage public awareness of the visual arts, the Arts and Culture Commission will, to every extent possible, initiate events and activities designed to provide a greater understanding of Public Art in the City. The activities and events may include, but are not limited to, the following:

1. Conferences, symposia, workshops, Artists’ lectures, Public Art tours;

2. Development of cooperative programs with educational and arts institutions and community organizations;

3. Regular distribution of promotional and publicity packets, to include press releases, public service announcements, and public art newsletter;

4. Educational material written specifically for Richmond schools at appropriate levels for elementary, middle and high school students.
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32 EXHIBIT A Public Art in Private Development Application Form fPublic Art in Private Development Application Form
To Be Completed by Private Developer (Applicant) and Submitted to Arts and Culture Manager As required by the Public Art Program Ordinance in Section 6.50.030 of the Richmond Municipal Code, Private Developers subject to the requirements of the Chapter are required to provide 1% of the Building Development Costs (as defined in Chapter 6.50 of the RMC) as a public art contribution in one of three ways:
(1) by including On-Site Publicly Accessible Art as further provided in RMC Section 6.50.030(C); (2) by paying an in-lieu contribution fee as set forth in RMC Section 6.50.030 (D); or (3) by designating a Public Art space by Special Process as set forth in RMC Section 6.50.030 (E).

Development Address: Estimated Building Development Costs (Labor And Materials):

Estimated Development Size (Square Feet):

Applicant / Architect Name: Owner Name:

Address: Address:

Phone: Phone:

Email: Email:

Final Building Development Costs will be confirmed at the time of the Private Development Building Permit application. Should the final Building Development Costs (labor and materials) submitted for the purpose of Building Permit application indicate a higher amount, then the 1% fee will be based on the higher Building Development Costs.
1% of Estimated Building Development Costs: $ _________________________ Please choose one of the following options:

A. Inclusion of On-Site Publicly Accessible Art
B. Payment of in-lieu contribution
C. Designating a Public Art space by special process
Applicant Signature: _______________________ Date: _______________ For City of Richmond Arts and Culture Manager Use Only:

Building Permit Number:
_________________________
Date of Building Permit Issuance:
__________________
Requirement Satisfied with Option A, B, or C:
_________
Signature Date
___________________ _________
589
33 EXHIBIT B Waiver and Release of VARA, CAPA, and other Artists’ Rights Waiver and Release of VARA, CAPA, & Other Artists’ Rights In consideration for the City of Richmond (the “City”) selecting ________________________ (the “Artist”) to create artwork for a public art project as further described below (the “Artwork”), the Artist hereby acknowledges and agrees, on behalf of himself or herself, and his or her organization, employees, agents, and/or volunteers, to the following:

VARA/CAPA Release and Waiver
Artist hereby waives any and all rights Artist may have with respect to the Artwork (as further described below) under the federal Visual Artists Rights Act of 1990 (17 U.S.C. sections 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code sections 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. § 106A, Cal. Civil Code § 987 et seq. The provisions of this paragraph shall apply to modify Artist’s rights of attribution and integrity as set out in the Visual Artists Rights Act, 17 U.S.C §§ 106A and 113(d) (“VARA”), the California Art Preservation Act, Cal. Civil Code §§ 987 and 989 (“CAPA”), and any rights arising under United States federal or state law or under the laws of another country that convey rights of the same nature as those conveyed under VARA and CAPA, as against the City of Richmond, its officers, officials, employees and agents. The City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the images of the Artwork.

Title of Artwork or Public Art Project: ______________________________________________ Location Of Artwork or Public Art Project:___________________________________________ Description of Artwork or Public Art Project:
______________________________________________________________________________ ______________________________________________________________________________ Artist Name/Organization: _______________________
Artist’s Address: _______________________________________________________________ _______________________________ ___________________
Artist Signature: Date:
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34 Exhibit C: Public Art in Private Development Process Chart On-Site Art
Arts and Culture Commission Approval:

After PAAC approves the proposal, the Commission must
approve it. No presentation is required for Commission
approval.

Designated Public Art Space by
Special Process
In-lieu Contribution
Developer pays
public art
contribution to
Public Art Projects
Account alongside
other fees due for
Private Development
project building
permit issuance. To
verify that it has
been paid, the Arts
and Culture Manager
signs the building
permit card.

Private Developer submits the Public Art in Private Development Application Form to Arts and Culture Manager within 60 days of submitting the Planning Application and selects option below.

Meet with Arts and Culture Manager within 60 days of
submitting Planning Application to discuss the process.

Selection of On-Site Art Project Management Option:

1. Delegate On-Site Art project management to the City of Richmond Arts and Culture Staff

2. Employ a private art consultant

3. Private Developer may directly propose an Artist or On-Site Art (Not recommended)
PAAC Preliminary Review (See Section II.D.3 for specific details): Private Developer presents summary of project, site drawings, etc to PAAC within 90 days of submitting Public Art in Private Development Application form
Additional PAAC Meetings if preferred by Private Developer PAAC Final Review (See Section II.D.5 for specific details):

Applicant presents art plan with description of proposed artwork, samples of Artist’s previous work, detailed drawings or photographs, rendering showing the artwork, a timeline for installation, maintenance plan, CAPA/VARA Waiver, etc
City Council Information Item and/or Approval of
Contracts: All On-Site Art will go to City Council as an information item. City Council shall approve any contracts over $10,000 related to Public Art in Private Development Meeting with Arts and Culture
Manager within 60 days of
submitting a Planning Application
with preliminary proposal
If Arts and Culture Manager
determines preliminary
proposal meets requirements
of Public Art Program, the
Private Developer will receive
instructions on documentation
and requirements for next
steps.

Final Steps: Once Artwork application has been approved, Private Developer may apply for building permit. Private Developer shall identify and secure all applicable permits prior to construction or installation of Public Art. Arts and Culture Manager shall verify prior to issuance of Certificate of Occupancy or Final Inspection that Artwork and required identification plaque were installed as approved by PAAC and Commission
591
35 Exhibit D: Public Art in Private Development Payment Chart On-Site Art – Project
Management by City of
Richmond
-5% of public art
contribution is for City’s
administrative costs, plus
an additional 15% of
public art contribution
required for project
management costs
- City enters into
contracts with Artists
On-Site Art – Project
Management by Art
Consultant
- 5% of public art
contribution is for City’s
administrative costs
- Developer enters into
contracts with art
consultant and Artist
Designated Public Art Space
by Special Process
- 5% of public art
contribution is for City’s
administrative costs
In-lieu Contribution
-Developer pays public art
contribution to Public Art
Projects Account
-5% of public art contribution
is for City’s administrative
costs
The developer shall pay
the City the full public art
contribution and project
management fee to an
escrow account within
30 days of signing a
project management
agreement between the
City and the Private
Developer. This payment
shall initiate the City’s
project management of
all phases of the project
on behalf of the Private
Developer.

The 5% administrative
costs fee payment shall
be submitted alongside
all other fees due at
building permit issuance
If the expenditures do
not utilize the full public
art contribution, the
remainder shall be
deposited in the Public
Art Projects Account.

Payment must be
submitted alongside all
other fees due at building
permit issuance.

Private Developer Selects Option Below
Private Developer Submits Application
592
1 Artwork Transmittal Agreement
(Transfer of Title of Artwork)
This Agreement (“Agreement”) is entered into on this 24th Day of September 2025, by and between:

Donor:

Name: Christopher Peterson
Organization: Chris Peterson Illustration
Address: 930 Dwight Way #11, Berkeley, CA 94710
Phone: (510) 384-4995
Email: [email protected]
Recipient:

City of Richmond, Arts and Culture Division
450 Civic Center Plaza
Richmond, CA 94804

1. Identification of Artwork
 Title of Artwork: Mond An-ex
 Artist: Christopher Peterson
 Medium/Materials: Oil on canvas, framed in a custom floater frame of Poplar and Pine  Dimensions: Height 48”, Width 60”, Depth 2.25" (weight: unknown)  Description: Painting inspired by the Carlson Blvd. underpass in Richmond Annex, October evening light.
 Condition: Excellent
 Retail Value: $3,800

2. Transfer of Title
The Donor hereby irrevocably transfers and conveys all rights, title, and interest in and to the Artwork to the City of Richmond (“City”). Initials_______________

3. Rights and Responsibilities
Donor Responsibilities:
 Has submitted all required attachments per City policy: digital images, artwork description, site plan, installation method, and signed VARA/CAPA waiver.  Responsible for all costs of transportation and installation, unless otherwise agreed in writing.
 Certifies that the Artwork is original, free from claims, and not subject to any liens or encumbrances.

City Responsibilities:
593
2  Upon acceptance, the City assumes ownership, stewardship, and responsibility for the placement, care, and preservation of the Artwork, subject to City policies and available resources.
 The City may relocate, store, or remove the Artwork at its sole discretion.

4. Insurance and Liability
 Unless otherwise agreed in writing, the Donor is responsible for insuring the Artwork until delivery and installation is complete.
 The Donor agrees to indemnify and hold harmless the City, its officers, employees, volunteers, and agents from any claims, losses, or damages arising prior to City’s acceptance of the Artwork.

5. Moral Rights (VARA/CAPA Waiver)
The Artist, Christopher Peterson, has executed a Waiver and Release of VARA, CAPA, and Other Artists’ Rights (attached as Exhibit B), granting the City full rights to relocate, modify, or remove the Artwork as deemed necessary.

6. Entire Agreement
This Agreement constitutes the entire understanding between the parties and may only be modified in writing signed by both parties.

Signatures
Donor:

Christopher Peterson
Signature: ____________________________
Date: August 12, 2025
City of Richmond Representative:

Name: _______________________________
Title: ________________________________
Signature: ____________________________
Date: ________________________________
Artist (if different from Donor):

Name: _______________________________
Signature: ____________________________
Date: ________________________________
ATTACHMENTS:

Exhibit A – Images and Description of Artwork
Exhibit B – VARA/CAPA Waiver (executed August 13, 2025) 594
In accordance with Section IV(A) of the Public Art Policies and Procedures

DONOR INFORMATION
To be completed by the donor (Original to be provided to the City of Richmond and the copy to the donor.) Full Name : Christopher Peterson
Organization (if Applicable): Chris Peterson Illustration Address: 930 Dwight Way #11
City, State, Zip: Berkeley, CA 94710
Phone Number: (1) 5103844995 (2)
Email Address : [email protected]
Attachments Required
Please attach the following materials (per Section IV.A of the public Art Policies and Procedures):
✓
✓
✓
High-quality digital images (all sides/views)
Written description of artwork and installation method
Site plan showing proposed placement
Timeline for transportation and installation
Cost of transport/installation (at donor's expense unless otherwise arranged) Written authorization from the City agency with jurisdiction over the site Signed VARA/CAPA Waiver by the Artist (see Exhibit B)
Certification
By signing below, I certify that I have read and understand the City of Richmond's conditions for donating public art. I understand that this is a preliminary submission and subject to review and final approval by the City Council.

Chris Peterson Digita',y s;gnedby ChrisPeter~on. 8/12/25 Signature of Donor: Date:2025.08.12 09:54:21--0400 Date:--- ----

Page 1 of 7 ends

595
In accordance with Section IV(A) of the Public Art Policies and Procedures

DESCRIPTION OF ARTWORK
Artist Name: Christopher Peterson
Artist information :

Mr. Peterson is an illustrator and a painter, best known for his rock posters. Visit oetersonland.com and christooheroetersonfineart.com for more information G Artwork Title: Mond An-ex
Artwork Description :

This painting is referenced from a photo that was taken at the Carlson Blvd. underpass one evening in October. I was inspired by the unrecognized beauty and the unique light of Richmond Annex.

Fabrication materials:

Oil on canvas, framed in a custom floater frame made of Poplar and Pine.

Dimensions:

Height~ Width~ Depth 2.25" Weight ?lbs.

Installation Materials:
□ Not Framed □ Framed with Plexi-glass Ii Framed without Plexi-glass Backings □ Mounts
□ Anchoring System: Frame is screwed to the stretchers
Describe Condition:

Excellent
Retail Value: $3,800.00

Page 2 of 7 ends

596
n,.,,.//iiii 4. City of Richmond n,,.,.i/lii,4'.

V PUBLIC ART GIFTS & LOANS FORM V
In accordance with Section IV(A) of the Public Art Policies and Procedures

DIGITAL PHOTOS OF ARTWORK
(Depicts all sides applicable, hardcopy to be included) Front Side Back Side Left Side
Right Side Top Side Bottom Side

Page 3 of 7 ends

597
lliflhaa
~
.A [email protected]

PUBLIC ART
City
GIFTS
of Richmond
& LOANS FORM
~
In accordance with Section IV(A) of the Public Art Policies and Procedures

SITE PLAN
Identify and describe the proposed/idea/ site for the Artwork. Accurately depict the Artwork in relationship to its proposed/idea/ surrounding environment.

I would like for this painting to be displayed in a place as visible as possible. perhaps at a prominent entrance to the city hall building. maybe at the end of a well used hallway, such as the Mayors office.

Page 4 of 7 ends

598
lli@hm
~
.A lli,d.m.A

PUBLIC ART
City
GIFTS
of Richmond
& LOANS FORM
~
In accordance with Section IV(A) of the Public Art Policies and Procedures

METHOD OF INSTALLATION
A written description and/or drawing of the prosed method of installation and a timeline for the transportation and installation of the Artwork
The painting can be hung with a simple hook. Ideally it should be kept away from direct sunlight.

COST OF TRANSPORTATION AND INSTALLATION
(to be done at the donor's expense, unless otherwise agreed to by the city. Attach quotes and estimates J N/A

Page 5 of 7 ends

599
61"".fi/;;j il/JIIJ.. City of Richmond n, ..... J/IJIIJ.. V PUBLIC ART GIFTS & LOANS FORM V In accordance with Section IV(A) of the Public Art Policies and Procedures

WRITTEN SITE AUTHORIZATION FOR PROPOSED PUBLIC ART DONOATION This letter serves as official written authorization for the installation of proposed public artwork on property under the jurisdiction of the Insert Department or Division Name .

To:

City of Richmond
Arts and Culture Division
450 Civic Center Plaza
Richmond, CA 94804
From: [Insert Name and Title of City Agency Official)
[Department Name]
[Contact Email / Phone]
Subject: Approval of Proposed Public Art Installation at:

I, the undersigned, hereby affirm that the Insert Department Name installation of the following proposed public artwork:
grants permission for the
• Artist Name, Artwork Title: Christopher Peterson Mond An-ex • Donor Name: Christopher Peterson
• Proposed Location:

N/A
• Installation Method Summary:

Hang from a simple picture hanger. Generally, it should be kept We acknowledge that the proposed artwork will be reviewed by the Richmond Arts and Culture Commission and the City Council as part of the formal acceptance process. This approval is contingent upon final approval from those bodies and compliance with any additional permitting, safety, or engineering requirements.

Ch ' p t Digitally signed by Chris Peterson
Authorized Official's Signature: __ r_l_S __ e_e_r_S_O_n __ D_at_e:_2_02_s._oa_.1_2_09:5 _ _B_:1_2 ·_0_4'0_0' Printed Name: Christopher Peterson
Title: N/A
Date: 8/12/2025

Page 6 of 7 ends

600
In accordance with Section IV(A) of the Public Art Policies and Procedures Waiver and Release of VARA, CAPA, and other Artists' Rights In consideration for the City of Richmond (the "City") selecting Christopher Peterson (the "Artist") to create artwork for a public art project as further described below (the "Artwork"), the Artist hereby acknowledges and agrees, on behalf of himself or herself, and his or her organization, employees, agents, and/or volunteers, to the following:

VARA/CAP A Release and Waiver
Artist hereby waives any and all rights Artist may have with respect to the Artwork (as further described below) under the federal Visual Artists Rights Act of 1990 (17 U.S.C. sections 106A and I 13(d)), the California Art Preservation Act (Cal. Civil Code sections 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. § I 06A, Cal. Civil Code§ 987 et seq. The provisions of this paragraph shall apply to modify Artist's rights of attribution and integrity as set out in the Visual Artists Rights Act, 17 U.S.C §§ I 06A and I I 3(d) ("VARA"), the California Art Preservation Act, Cal. Civil Code §§ 987 and 989 ("CAPA"), and any rights arising under United States federal or state law or under the laws of another country that convey rights of the same nature as those conveyed under VARA and CAPA, as against the City of Richmond, its officers, officials, employees and agents. The City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the images of the Artwork.

Title of Artwork or Public Art Project: _M_o_nd_A_n-_ex ________________ _ Location Of Artwork or Public Art Project:

Description of Artwork or Public Art Project:

An Oil painting on canvas
Artist Name/Organization: Chris Peterson Illustration
Artist's Address: 930 Dwight Way, #11, Berkeley, CA. 94710 Chris Peterson
Artist Signature:
~i'{fJT,,edb'JCMsPt-:a5M
O3t~: 2025 0.!..13 19.17:17 -OH(r
Date:

Page 7 of 7 ends

601

Page 1 of 4 ends

November 18, 2025
Library and Community Services
DATE: November 18, 2025
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager - Community
Services
Ranjana Maharaj, Deputy Director for Community
Services - Recreation
Tetteh Kisseh, Recreation Supervisor
SUBJECT: Agreement with the West Contra Costa Unified School District for use of Booker T. Anderson Community Center FINANCIAL IMPACT: There is an estimated General Fund impact of $686,492 in waived rental fee revenue for Fiscal Years(FY) 2024– 2025 ($391,261) and FY 2025-2026 ($295,231) (Account
String: 01253251-362801).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

West Contra Costa Unified School District (WCCUSD)
contacted the City of Richmond to request the use of the Booker T. Anderson Community Center located at 960
South 47th Street to host the after-school program and
parent meetings as a result of the closing of Stege
Elementary School.

RECOMMENDED ACTION: APPROVE a land use agreement between the City of Richmond and the West Contra Costa Unified School
District (WCCUSD), AUTHORIZE a fee waiver to use
Booker T. Anderson Community Center for Stege
Elementary School’s after school programs and parent
meetings for academic years 2024-2026, and RECEIVE
an update on the WCCUSD Facility Use Permitting
Process – Community Services Department (LaShonda
White/Ranjana Maharaj/Tetteh Kisseh 510 620-6919).

AGENDA
REPORT
602

Page 2 of 4 ends

November 18, 2025
DISCUSSION:

As Stege Elementary School enters a multi-year construction period, the City of Richmond and the West Contra Costa Unified School District (WCCUSD or District) continue to coordinate closely to minimize disruptions for students and families. The temporary closure of the Stege campus for the 2024–2025 Academic School Year required the District to identify nearby facilities that could support transportation needs and after-school programming.

This request builds on an ongoing partnership between the City and District to maintain youth services during periods of disruption. Following a 2020 fire that temporarily closed the Booker T. Anderson (BTA) Community Center, the City partnered with the District to host summer camps at Stege in 2022 and 2023, each operating for eight weeks at no cost to the City.

Ongoing collaboration is critical to ensuring continuity for Stege students throughout the construction period. Use of the BTA Community Center provides a stable hub for transportation, after-school activities, and parent engagement while the school remains offline.

WCCUSD’s 2024-2025 Request to Use BTA Community Center
On August 5, 2024, Mayor Eduardo Martinez and then-District Superintendent Chris Hurst convened City and District staff to discuss the District’s request to use the BTA Community Center for bus pick-up and drop-off for approximately 250 Stege Elementary students traveling to the temporary Lavonya Dejean Middle School campus, as well as for after-school programming. District staff explained that urgent construction at Stege Elementary would prevent the school from providing these services at the start of the August 19, 2024, academic year. The District sought permission to use City property under the terms of the 2024–2025 Agreement and acknowledged that the facilities would be accessed “as-is.” Due to the emergency nature of the request and the timing of the City Council recess, the agreement was executed and signed by the City Manager (Attachment 1).

District’s Current Request to Use BTA Community Center
On August 6, 2025, District staff reached out to City staff requesting to use BTA Community Center for the WCCUSD’s 2025-2026 academic year for their student drop off and pick up, after-school program, and parent meetings. Through close 603

Page 3 of 4 ends

November 18, 2025
collaboration, City and District staff developed the FY 2025–2026 Agreement to clearly define the District’s space and scheduling needs at BTA (Attachment 2). Stege students are currently using Lavonya Dejean Middle School for their afterschool program needs; however, they are awaiting approval of the 2025–2026 Agreement to resume programming at the BTA Community Center. As a neighborhood school, relocating the afterschool program and parent meetings closer to Stege provides a meaningful benefit to families by improving convenience and accessibility.

Per City policy and the City Council-approved Master Fee Schedule, Recreation charges fees for use of its community centers and parks. Based on the agreements from 2024-25 and 2025-26, the table below shows the rental costs for the use of BTA Community Center (Attachment 3 and 4).

WCCUSD Rental Costs for the use of Booker T. Anderson Community Center Timeframe of Use Permit numbers Rental Fees
2024-25 R2789, R2790, R2791 $391,261
2025-26 R3267, R3268 $295,231
TOTAL WAIVER AMOUNT $686,492
The City received a letter from the District requesting a waiver of the fees associated with use of the BTA Community Center for the Stege Afterschool program (Attachment 5). In the correspondence, it was noted that the District is addressing a structural deficit and working toward fiscal solvency, stating that the fees associated with public rental exceed what they can afford. The letter further explained that, due to this deficit, they are requesting that facility-use fees for the 2024–25 and 2025–26 school years be waived, and affirmed that the District is willing to provide in-kind facility-use permits for the City of Richmond as needed.

Both the agreement and associated fee waiver supports the immediate needs of Stege Elementary School students by ensuring continuity of services, stability for families, and access to safe, high-quality afterschool space for nearly 250 children—benefits that outweigh the temporary financial impact of the waived rental fees.

District Facility Use Permitting Process
Concerns regarding access to District fields by Richmond youth-serving sports teams has come up recently at City Council and in the local media. The District Facilities Use Permitting Policy was recently updated to provide a clear understanding of District procedures for facility rentals for community partners. The District Facilities Scheduling Office has the sole authority to grant use of the school facilities at each District school. If a conflict in scheduling should arise, the Facilities Scheduling Office shall have the authority to reschedule or cancel a requested use for any reason the office deems necessary. The priority for use of District facilities and grounds shall be according to the following:

1. District and District schools

2. City government requests within District boundaries
604

Page 4 of 4 ends

November 18, 2025

3. Nonprofit organizations, clubs, associations, and entities with official organization addresses within District boundaries, serving more than 50 percent (%) of WCCUSD residents

4. Other nonprofit organizations, clubs, associations, and entities

5. For profit outside entities
The District shared a list of Richmond-based organizations that received access to fields and spaces starting in 2024 (Attachment 6). City staff hopes that the change to this scheduling process, will increase the opportunity for Richmond youth-serving sports teams to have access to WCCUSD fields/courts (Attachment 7). It is also important to note that the West County PLAYS initiative, funded through Contra Costa County Health Services, is reducing District rental fees for youth sports programs by 75 percent making sports more accessible for our community. Currently, seventeen (17) youth sports teams receive subsidy through the PLAYS initiative (Attachment 8). In addition, sports teams have access to and/or have received City grants to support programming needs, as well as field use fees at WCCUSD and City facilities.

Next Steps
City Manager Shasa Curl, District Superintendent Cheryl Cotton, and City and WCCUSD staff met to discuss the lease agreement, the need for a fee waiver, facility usage at WCCUSD sites, and additional opportunities for strengthened partnership across both agencies. This meeting reflected a shared commitment to collaboration, and City and WCCUSD staff will continue to meet regularly to ensure coordinated support for Richmond youth and families. In addition, Superintendent Cotton is willing to present to the City Council in the first quarter of 2026.

By moving forward with this agreement and fee waiver, the City demonstrates its commitment not only to supporting WCCUSD during necessary facility upgrades but also to strengthening long-term interagency collaboration that benefits the entire Richmond community.

DOCUMENTS ATTACHED:

Attachment 1 – FY 24-25 Agreement with WCCUSD for use of BTA Community Center Attachment 2 – FY 25-26 Agreement with WCCUSD for use of BTA Community Center (proposed)
Attachment 3 – Rental Permit for FY 25-26
Attachment 4 – Rental Permit for FY 24-25
Attachment 5 – WCCUSD Request for In-Kind/Waived Fees for BTA Community Center Attachment 6 – WCCUSD Processed Renters from January 2024 – Present for Richmond Applicants
Attachment 7 – WCCUSD Facility Use Permit Process Presentation Attachment 8 – West County PLAYS Initiative Subsidized Groups 605
1 1
51232844.1/005674.00666

LAND USE AGREEMENT

BETWEEN

THE CITY OF RICHMOND AND

THE WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
THIS LAND USE AGREEMENT (the “Agreement”) is made and entered into on __________________, 2024, by and between the CITY OF RICHMOND, a municipal corporation and charter city (“Landlord” or “City”), and the West Contra Costa Unified School District, a municipal corporation and a public school district (“Tenant” or “District”). Landlord and Tenant are sometimes referred to individually as “Party” and collectively as “Parties.” This Agreement shall be effective immediately and shall replace and supersede any and all previous agreements or amendments thereto made between the parties.

RECITALS
WHEREAS, West Contra Costa Unified School District (“District”) is the owner of certain real property, known as Stege Elementary School, located at 4949 Cypress Avenue, City of Richmond, County of Contra Costa, (“District Property”) and depicted on Exhibit “A”; and WHEREAS, City of Richmond (“City”) is the owner owns property, 960 South 47th Street, City of Richmond, County of Contra Costa, known as the Booker T. Anderson Community Center (“BTA”) and Park property, located in close proximity to the District Property (“City’s Property”), as depicted on Exhibit “B”; and,
WHEREAS, the District informed the City that the District is performing urgently needed construction improvements at the District Property that render it unavailable for school use at the start of the academic school year on August 19, 2024; and, WHEREAS, the District requested from the City (1) the usage of the City’s Property for their after-school program (“Program”), and (2) the usage and painting of the curb along South 47th Street to use as a bus loading location to facilitate a bus pick-up and drop-off for approximately 250 students to and from the temporary campus at Lavonya Dejean Middle School, a District property; and,
WHEREAS, the District desires to obtain City’s permission to enter upon the City’s Property, on a temporary basis, for the limited purpose of offering an after-school program and school bus loading location for District students, subject to the terms and conditions of this Agreement, and as depicted in the Scope of Work – City and District Roles and Responsibilities in Exhibit “C”; and,
WHEREAS, District acknowledges that it is accessing the City’s Property “as-is” and the City is making no representations as to its current condition; and, WHEREAS, the District anticipates that its temporary use of the City’s Property will be during the District’s 2024-2025 academic year; and,
Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 8/19/2024
606
2 2
51232844.1/005674.00666
WHEREAS, City grants to District, its employees, agents, contractors and consultants a nonexclusive right to enter upon the City Property for the purpose of offering an after-school program and school bus loading area; and,
WHEREAS, District will permit only licensed, bonded and responsible District employees, contractors, consultants or other responsible individuals to enter upon the City Property; and, WHEREAS, upon completion of the District’s use of the City’s Property, the District shall promptly restore the City Property to substantially the condition it was in prior to the District’s temporary use, including the repair or replacement of any and all damage to the City Property caused by District, reasonable wear and tear excepted; and, WHEREAS, the City reserves the right to update and revise this agreement in the event that additional requests are made, issues are unearthed, and information is received that necessitates any changes.

NOW, THEREFORE, in consideration of this Agreement and the mutual promises, covenants, and stipulations herein contained, the parties agree as follows:

Section 1. Incorporation of Recitals
The above recitals, including the paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full.

Section 2. Location
The location of the City’s Property is set forth in Exhibit “B.” However, if required and requested by Landlord, Tenant may be required upon sixty (60) days’ notice in advance to temporarily relocate the Program to an area near the location set forth in Exhibit “B”. Any such temporary relocation shall be subject to Landlord’s approval, in their sole and absolute discretion.

Section 3. Term of Agreement
The Agreement shall commence upon its execution by the Parties and terminate on June 18, 2025 (“Termination Date”), unless sooner terminated in accordance with Sections 9 and 10. The Agreement may be extended by mutual written consent of the Parties. The City Manager has the authority to extend this Agreement up to two times for a one-year period each time the Agreement is extended.

Section 4. Operations Plan
District shall adhere to and update, as necessary, the District Scope of Work as set forth in Exhibit “C.”
Section 5. Insurance
Insurance requirements are set forth in Exhibit “D.”
Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 607
3 3
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Section 6. Compensation
Landlord is allowing temporary access to its property for the specified term and hours of operation to Tenant at no cost to Tenant. Landlord shall not pay Tenant for any services rendered under this Agreement.

Section 7. Services
The services set forth in Exhibit "C" shall be performed to the full satisfaction and approval of Landlord. Tenant shall, at its own cost and expense, furnish all facilities and equipment necessary for Tenant to operate the Program.

Section 8. General Use
Landlord’s property shall be used for activities consistent with Tenant’s operation of a Program.

Tenant shall use Landlord’s property in a manner consistent with all applicable laws, statutes, ordinances, or rules and regulations now in force and as they may be amended. Tenant shall pay all costs and expenses which may be incurred or required to be paid in order to comply with any and all laws, statutes, ordinances, rules, and regulations which apply to the operation of the Program.

Section 9. Termination Without Default
Notwithstanding any provision herein to the contrary, Landlord may, in its sole and absolute discretion and without cause, terminate this Agreement at any time upon five (5) days’ written notice to Tenant. Tenant may terminate this Agreement at any time in its sole and absolute discretion and without cause upon thirty (30) days' written notice to Landlord.

Section 10. Termination in the Event of Default
Should Tenant 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 Agreement, Landlord may immediately terminate this Agreement by giving written notice of such termination and in the notice, stating the reasons for such termination. Landlord shall be compensated for any expenses Landlord incurs as a result of Tenant’s default under this Agreement.

Section 11. Professional Ability
Tenant acknowledges, represents and warrants that Tenant is and its employees are skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. Landlord has relied upon the professional ability and training of Tenant as a material inducement to enter into this Agreement.

Tenant shall perform in accordance with generally accepted professional practices and standards of Tenant's profession. In the event that Landlord, in its sole discretion, desires the removal of any person employed or retained by Tenant to perform services hereunder, such person shall be removed immediately upon receiving notice from Landlord.

Section 12. Independent Tenant
It is expressly understood and agreed upon by both parties that Tenant, including its agents and employees, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent Tenant and not an employee of Landlord. Tenant is solely responsible for its acts and omissions. This Agreement shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. Tenant agrees not to Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 608
4 4
51232844.1/005674.00666
represent, at any time or in any manner, that Tenant is an employee or agent of Landlord. As an independent Tenant, Tenant shall have no authority to bind Landlord to any obligation or to act as Landlord's agent except as expressly provided herein.

Section 13. Sub-Tenant
Tenant acknowledges that the services which Tenant shall provide under the Agreement are unique, personal services which, except as otherwise provided herein, Tenant shall not assign or sublet to any other party without the prior written approval of Landlord, which approval may be withheld in Landlord's sole and absolute discretion. In the event that Landlord, in writing, approves any assignment or subletting of this Agreement or the retention of sub-Tenants by Tenant, Tenant shall provide to Landlord upon request copies of each and every subcontract contract prior to the execution thereof by Tenant and sub-Tenant. Any assignment by Tenant of any or all of its rights under this Agreement without first obtaining Landlord's prior written consent shall constitute a material breach of this Agreement.

Section 14. Indemnification
To the fullest extent permitted by law, Tenant shall indemnify, defend and hold harmless Landlord and its officers, employees, elected and appointed officials, and volunteers (the "Indemnified Parties") from and against any and all claims, demands, causes of action, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including without limitation attorney's fees and costs and expert witness fees), judgments, penalties, and liens of every nature resulting from injury to or death sustained by any person (including Tenant's employees), or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with Tenant's performance of work or services hereunder or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, regardless of the Tenant's fault or negligence, including any of the same resulting from the alleged or actual negligent act or omission of an Indemnified Party, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of Landlord, its officers, agents, or servants.

Tenant shall further indemnify, defend and hold harmless the Indemnified Parties, against and from any and all claims for damages or suits arising from Tenant’s use of Landlord’s property under this Agreement, and against and from all costs, attorneys’ fees, expenses and liabilities related to any claim for damages or any action or proceeding brought within the scope of this indemnification.

Submission of insurance certificates, endorsements, or other proof of compliance with the insurance provisions does not relieve Tenants from liability under these terms. These indemnification, hold harmless and defense obligations shall apply whether or not such insurance policies are applicable to any such damages or claims for damages, and shall survive the expiration or sooner termination of this Agreement.

Section 15. Safety
Tenant acknowledges that Landlord is committed to the highest standards of workplace safety.

Tenant shall perform all work and hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 609
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Administration requirements, and shall assume sole and complete responsibility for the safety of Tenant's employees and any sub-Tenant's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Tenant shall immediately notify the Landlord by telephone and subsequent notification by email.

Section 16. Nondiscrimination
In executing this Agreement, neither Tenant nor Landlord shall discriminate against any person on the grounds of race, color, religion, national origin, sex, marital status, disability, sexual orientation, ancestry or age. Any sub-Tenant agreement entered in by Tenant, pursuant to this Agreement, shall contain comparable language forbidding discriminatory practices by subTenants.

Section 17. Non-Liability of Officials and Employees of the Landlord No official or employee of Landlord shall be personally liable for any default or liability under this Agreement.

Section 18. Remedies
In addition to any other available rights and remedies, either party may institute legal action to cure, correct or remedy any default, enforce any covenant herein, or enforce by specific performance the rights and obligations of the parties hereto.

Section 19. Litigation Costs
If legal action is necessary to enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable litigation expenses, including court costs, expert witness and attorney fees, discovery expenses and all other related costs.

Section 20. Conflict of Interest
Tenant acknowledges, represents and warrants that Tenant 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 Agreement. Tenant further acknowledges, represents and warrants that Tenant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. No City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Tenant. Tenant acknowledges that in the event that Tenant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to Landlord forthwith. This provision shall survive the termination of this Agreement for one (1) year.

Section 21. Continuous Use Clause
Tenant agrees to operate the Program according to the agreed upon schedule and acknowledges that failure to operate on said schedule may, at the discretion of Landlord, put them in default of the Agreement.

Section 22. 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 Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 610
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price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Agreement, 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 control of such party.

Section 23. Governing Law
This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.

Section 24. No Third-Party Beneficiaries
There shall be no third-party beneficiaries to this Agreement.

Section 25. Interpretation
This Agreement shall be interpreted as if drafted by both parties.

Section 26. Authorized Representatives
Landlord and Tenant shall each designate an Authorized Representative who has authority to act on its behalf in the administration of this Agreement. Landlord and Tenant warrants that the person(s) who signs this document has the full authority to do so, and by his/her signature shall bind Landlord and Tenant to each and every term and condition hereof.

Section 27. Notices
All correspondence and notice to the parties indicated herein shall be sent to the parties as follows:

LANDLORD/CITY
City of Richmond
Attention: Shasa Curl, City Manager
450 Civic Plaza
Richmond, CA 94804

TENANT/DISTRICT
West Contra Unified School District
Attention: Dr. Kenneth “Chris” Hurst, Superintendent
1108 Bissell Avenue
Richmond, CA 94804
Section 28. Holdover
Unless otherwise specified by Landlord, if Tenant fails to vacate the location as set forth in Exhibit B after expiration or termination of this Agreement, Tenant shall be deemed a trespasser which shall entitle Landlord to all remedies in equity and at law, including damages, to remove Tenant as a trespasser.

Section 29. Nonrenewal
Tenant understands and agrees that there is no representation, implication, or understanding that the Agreement will be renewed by Landlord under a new Agreement following expiration or Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 611
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termination of this Agreement. Tenant waives all rights or claims to notice or hearing respecting any failure by Landlord to continue the purchase of all or any such services from Tenant.

Section 30. Entire Agreement
This Agreement, including the Exhibits, constitutes the complete and exclusive expression of the understanding and agreement between the parties with respect to the subject matter hereof. All prior written and oral communication, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement; provided, however, that correspondence or documents exchanged between Tenant and Landlord may be used to assist in the interpretation of the Exhibits to this Agreement.

Section 31. Amendment of Agreement
The City Manager, and the District Board of Trustees or, after Board approval, the District Superintendent are empowered to amend the provisions of this Agreement at any time provided such amendments are mutually agreed upon in writing. The City Manager has the authority to extend this agreement up to two times for a one-year period each time the agreement is extended.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day first written above.
[Signatures on Following Page]
Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 612
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LANDLORD:

City of Richmond, a California municipal corporation and charter city By ______________________________
Title: ____________________________
Date: ____________________________
Approved as to form:
_______________________________
City Attorney
Insurance Coverage reviewed by:
________________________________
Risk Manager
TENANT:

West Contra Costa Unified School District
By ______________________________
Title ____________________________
Date _____________________________
Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A

EXECUTIVE DIRECTOR
8/16/2024
City Manager
8/19/2024
613
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EXHIBIT A
District Property
Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 614
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Exhibit B
City Property
Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 615
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Exhibit C
Scope of Work – City and District Roles and Responsibilities The services performed by the City include but may not be limited to:

1. City shall provide access to the City Property and any approved use spaces. City will provide District staff for those City staff employee(s) that will serve as District’s point of contact in connection with this Agreement.

2. City will ensure the City’s Property is open and available and ready for use by the District Monday through Friday from 8:00 am to 8:45 am and 12:00pm – 6:00pm

3. City will paint the curb along South 47th Street and install appropriate signage to create a bus loading zone
The scope of services to be performed by the Tenant under this Agreement shall encompass the operations of the District for a school bus loading area in the morning and afternoon as well as an after-school program (Program) located at Booker T. Anderson Community Center (Center).

1. Program Operation
Tenant shall establish and operate the Program, at the location set forth in Exhibit “B” Monday through Friday from approximately 8:00 am to 8:45 am in the morning and 12:00 p.m. until 6:00 p.m. during the period from August 19, 2024, to June 18, 2025, (unless another time period is mutually agreed upon due to weather or other concerns).

2. California Department of Education's After School Requirements The District's Program for Stege Elementary School (Stege) students must operate every day of the school year (180 days), before the instructional day in order for students to be transported from the Stege Elementary School Campus in the morning from 8:00 am to 8:45 am and at the end of the instructional day until at least 6:00 p.m.

The Program must be staffed at a ratio of 1:10 for Transitional Kindergarten (TK) and kindergarten and a ratio of 1:20 for grades 1st through 6th. All staff must meet the District's instructional aide requirements. All students served in the program must be enrolled in Stege and must have a completed after school application on file.

Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 616
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4. Special Events
Should the Tenant need the use of City Property for special events, the Tenant shall notify the Landlord in writing and if applicable, complete a City of Richmond Special Event Permit Application, at least thirty (30) days in advance of such event. City shall have the authority to approve, modify or reject such request.

5. Logistics/BTA Space Requests
District may use the following rooms in the City Property from 1:00 pm until 6:00pm with an occupancy level that does not exceed those identified below:
 Art Room/Library and adjacent office: up to 20 students  Computer Lab: up to 10 students
 Multipurpose Room (MPR): up to 40 students
 Gym: up to 40 students
 Kitchen access: supper/snack cold storage
 BTA fields, parks, and court spaces
Once the Program begins, the Program staff will escort students from the bus zone or pre-determined location to pick up the bussed students and walk them to City’s Property. Student pick up will take place at City’s Property. Parents and guardians are required to sign their students out at the time of pick up.

District will have the Program site coordinator to stay onsite with the student in one of the requested spaces until the child has been picked up by a family member/emergency contact.

6. Supper/Snack
District staff will need access to the kitchen for cold food storage. District and City staff will identify the most appropriate place for students to eat their supper/snack.

Students will not be allowed to eat in the gym.

7. Daily Coordination and Communication
The Stege After School Program Coordinator is a full-time employee and will be responsible for day-to-day communications and coordination with the BTA site director. District after school programs use District walkie talkies for onsite communication. The Expanded Learning Office will work with tech services to ensure the BTA site director has access to a District walkie talkie to support communication.

Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 617
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8. Safety Protocols
a. Traditional school site based after school programs must follow the safety protocols outlined in their School Safety Plan. Bus loading supervisory staff and Expanded Learning and BTA staff will work with District staff, Michael Booker, to establish the safety procedures (lockdown, etc.) for City’s Property.

District shall obtain emergency medical care for any member of the public who is in need thereof, because of illness, or injury during District's use of Use Areas. District shall cooperate fully with the County in the investigation of any injury or death occurring on the Premises, including a prompt verbal and written notification to the Director or the designated County representative on-site.

9. Damage and Destruction.
a. District shall assume the risks and bear all costs of damage or destruction, and loss due to theft, burglary or vandalism to any and all of District's equipment, materials, tools, and vehicles owned hired, leased, or used by District within City’s Property, including within the Park, except to the extent that such damage or destruction and loss result from willful misconduct of City.
b. District shall repair or replace, to the satisfaction of City, any and all of City property lost, damaged, or destroyed as a result of District's activities and/or use of City’s Property, including the Park. Should District fail to promptly make repairs or replacements to City's satisfaction, City may have these repairs made at District's sole cost and expense.

10. District Supervision.

District shall provide adult supervision of students at all times when students are present in City’s Property, including in the Park.

11. Maintenance & Clean-up
a. Tenant shall make certain that at the end of each day the spaces used by the District is left clean of all trash, debris, recyclable and food waste materials (materials) associated with the Program. All materials shall be placed in appropriate receptacles for trash, recyclable and food waste materials.
b. Tenant will provide its own custodial service for the Program clean-up after the Program ends and will guarantee that their custodial service vendor properly disposes of all waste. If the Landlord incurs clean-up costs as a result of the Tenant’s use of the area, the Landlord will bill the Tenant for the costs.
c. Traditional site based after school programs are expected to maintain the cleanliness of their program spaces by following the after-school classroom and MPR clean-up Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 618
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checklist. The Expanded Learning Office will develop and implement appropriate clean-up checklists with BTA staff.

12. Signage and Outreach
a. Any signs on or around the City Property area shall be temporary and designed, purchased, ordered and installed by Tenant and/or qualified vendors. The design of any signs proposed to be placed on or around the City Property shall be approved by Landlord and the City of Richmond Planning and Building Department prior to installation and shall comply with all applicable City of Richmond codes and regulations governing signs.
b. District staff must provide notice and provide outreach to properties in close proximity to the City Property and the temporary campus to inform them of the temporary move, impact on parking and traffic, and other important information. City and District staff shall coordinate on appropriate messaging and outreach.

13. Bus Loading, Traffic Mitigation and Signage
a. Landlord will establish a bus zone location for pick-up and drop-off of Stege students.

The preferred location of the bus zone is on South 47th Street at the east curb line in front of the community center. Landlord will paint the curb in an appropriate color to designate bus loading and create and install appropriate signage designating the space as a bus zone. District and City staff will work collaboratively to complete this work prior to August 19, 2024.
b. District and City staff will work together to paint crosswalks on South 47th at Olive and South 47th at Cypress Avenue.
c. If needed, the City may, in its sole discretion, shift Richmond Police Department (RPD) crossing guards that were anticipated for use at Stege Elementary to appropriate intersections to assist with traffic and safety. The crossing guard location would depend on which direction the kids are approaching from.

d. District staff and, when possible, RPD staff, will assist in directing vehicle traffic during drop off to ensure traffic does not back up in the area

Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 619
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Exhibit D
Insurance
Tenant shall comply with the insurance requirements that are set forth in the City of Richmond - Insurance Requirements document that is attached hereto and incorporated herein by this reference. Tenant is required to comply with “City of Richmond -Type 4 – Leases of City Property. In addition to the requirements of City of Richmond – Type 4- Lease of City Property Tenant shall purchase an “Abuse or Molestation Coverage” policy with A.M. Best rating of A:VII or better in the amount of $2 million per occurrence naming the City of Richmond as “Additional Insured”.

Docusign Envelope ID: B7BB491A-22CC-46E7-B8AE-CD3D76D14E9A 620
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LAND USE AGREEMENT

BETWEEN

THE CITY OF RICHMOND AND

THE WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
THIS LAND USE AGREEMENT (the “Agreement”) is made and entered into on , 2025, by and between the CITY OF RICHMOND, a municipal corporation and charter city (“Landlord” or “City”), and the West Contra Costa Unified School District, a municipal corporation and a public school district (“Tenant” or “District”). Landlord and Tenant are sometimes referred to individually as “Party” and collectively as “Parties.” This Agreement shall be effective immediately and shall replace and supersede any and all previous agreements or amendments thereto made between the parties.

RECITALS
WHEREAS, West Contra Costa Unified School District (“District”) is the owner of certain real property, known as Stege Elementary School, located at 4949 Cypress Avenue, City of Richmond, County of Contra Costa, (“District Property”) and depicted on Exhibit “A”; and WHEREAS, City of Richmond (“City”) is the owner owns property, 960 South 47th Street, City of Richmond, County of Contra Costa, known as the Booker T. Anderson Community Center (“BTA”) and Park property, located in close proximity to the District Property (“City’s Property”), as depicted on Exhibit “B”; and,
WHEREAS, the District informed the City that the District is performing urgently needed construction improvements at the District Property that render it unavailable for school use at the start of the academic school year on August 19, 2025; and, WHEREAS, the District requested from the City (1) the usage of the City’s Property for their after-school program (“Program”), and (2) the usage and painting of the curb along South 47th Street to use as a bus loading location to facilitate a bus pick-up and drop-off for approximately 250 students to and from the temporary campus at Lavonya Dejean Middle School, a District property; and,
WHEREAS, the District desires to obtain City’s permission to enter upon the City’s Property, on a temporary basis, for the limited purpose of offering an after-school program and school bus loading location for District students, subject to the terms and conditions of this Agreement, and as depicted in the Scope of Work – City and District Roles and Responsibilities in Exhibit “C”; and,
WHEREAS, District acknowledges that it is accessing the City’s Property “as-is” and the City is making no representations as to its current condition; and, WHEREAS, the District anticipates that its temporary use of the City’s Property will be during the District’s 2025-2026 academic year; and,
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WHEREAS, City grants to District, its employees, agents, contractors and consultants a nonexclusive right to enter upon the City Property for the purpose of offering an after-school program and school bus loading area; and,
WHEREAS, District will permit only licensed, bonded and responsible District employees, contractors, consultants or other responsible individuals to enter upon the City Property; and, WHEREAS, upon completion of the District’s use of the City’s Property, the District shall promptly restore the City Property to substantially the condition it was in prior to the District’s temporary use, including the repair or replacement of any and all damage to the City Property caused by District, reasonable wear and tear excepted; and, WHEREAS, the City reserves the right to update and revise this agreement in the event that additional requests are made, issues are unearthed, and information is received that necessitates any changes.

NOW, THEREFORE, in consideration of this Agreement and the mutual promises, covenants, and stipulations herein contained, the parties agree as follows:

Section 1. Incorporation of Recitals
The above recitals, including the paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full.

Section 3. Term of Agreement
The Agreement shall commence upon its execution by the Parties and terminate on June 18, 2027 (“Termination Date”), unless sooner terminated in accordance with Sections 9 and 10. The Agreement may be extended by mutual written consent of the Parties. The City Manager has the authority to extend this Agreement up to two times for a one-year period each time the Agreement is extended.

Section 4. Operations Plan
District shall adhere to and update, as necessary, the District Scope of Work as set forth in Exhibit “C.”
Section 5. Insurance
Insurance requirements are set forth in Exhibit “D.”
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Section 6. Compensation
Landlord is allowing temporary access to its property for the specified term and hours of operation to Tenant at no cost to Tenant. Landlord shall not pay Tenant for any services rendered under this Agreement.

Section 8. General Use
Landlord’s property shall be used for activities consistent with Tenant’s operation of a Program.

Section 12. Independent Tenant
It is expressly understood and agreed upon by both parties that Tenant, including its agents and employees, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent Tenant and not an employee of Landlord. Tenant is solely responsible for its acts and omissions. This Agreement shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. Tenant agrees not to 623
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represent, at any time or in any manner, that Tenant is an employee or agent of Landlord. As an independent Tenant, Tenant shall have no authority to bind Landlord to any obligation or to act as Landlord's agent except as expressly provided herein.

Section 15. Safety
Tenant acknowledges that Landlord is committed to the highest standards of workplace safety.

Tenant shall perform all work and hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health 624
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Administration requirements, and shall assume sole and complete responsibility for the safety of Tenant's employees and any sub-Tenant's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Tenant shall immediately notify the Landlord by telephone and subsequent notification by email.

Section 17. Non-Liability of Officials and Employees of the Landlord No official or employee of Landlord shall be personally liable for any default or liability under this Agreement.

Section 22. 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 625
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price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Agreement, 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 control of such party.

Section 24. No Third-Party Beneficiaries
There shall be no third-party beneficiaries to this Agreement.

Section 25. Interpretation
This Agreement shall be interpreted as if drafted by both parties.

Section 27. Notices
All correspondence and notice to the parties indicated herein shall be sent to the parties as follows:

LANDLORD/CITY
City of Richmond
Attention: Shasa Curl, City Manager
450 Civic Plaza
Richmond, CA 94804

TENANT/DISTRICT
West Contra Unified School District
Attention: Cheryl Cotton, Superintendent
1108 Bissell Avenue
Richmond, CA 94804
Section 28. Holdover
Unless otherwise specified by Landlord, if Tenant fails to vacate the location as set forth in Exhibit B after expiration or termination of this Agreement, Tenant shall be deemed a trespasser which shall entitle Landlord to all remedies in equity and at law, including damages, to remove Tenant as a trespasser.

Section 29. Nonrenewal
Tenant understands and agrees that there is no representation, implication, or understanding that the Agreement will be renewed by Landlord under a new Agreement following expiration or 626
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termination of this Agreement. Tenant waives all rights or claims to notice or hearing respecting any failure by Landlord to continue the purchase of all or any such services from Tenant.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day first written above.
[Signatures on Following Page]
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LANDLORD:

City of Richmond, a California municipal corporation and charter city By
Title:

Date:

Approved as to form:

City Attorney
Insurance Coverage reviewed by:

Risk Manager
TENANT:

West Contra Costa Unified School District
By
Title
Date
628
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EXHIBIT A
District Property
629
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Exhibit B
City Property
630
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Exhibit C
Scope of Work – City and District Roles and Responsibilities The services performed by the City include but may not be limited to:

2. City will ensure the City’s Property is open and available and ready for use by the District Monday through Friday from 8:00 am to 8:45 am and 12:00pm – 6:00pm

1. Program Operation
Tenant shall establish and operate the Program, at the location set forth in Exhibit “B” Monday through Friday from approximately 8:00 am to 8:45 am in the morning and 12:00 p.m. until 6:00 p.m. during the period from August 18, 2025, to June 18, 2026, (unless another time period is mutually agreed upon due to weather or other concerns).

3. Program Operator
The school bus loading period from 8:00 am to 8:45 am shall be staffed by District employees. The District has contracted with EdventureMore ("EDMO") to serve up to 100 after school students for the 2025-2026 school year. EdventureMore shall name the City of Richmond as an “Additional Insured” on all insurance provided to the District as a result of this Agreement. Additionally, EdventureMore shall waive all subrogation rights against the City of Richmond in writing. 631
12 4. Special Events
Should the Tenant need the use of City Property for special events, the Tenant shall notify the Landlord in writing and if applicable, complete a City of Richmond Special Event Permit Application, at least thirty (30) days in advance of such event. City shall have the authority to approve, modify or reject such request.

5. Logistics/BTA Space Requests
District may use the following rooms in the City Property from 1:00 pm until 6:00pm with an occupancy level that does not exceed those identified below:
• Art Room/Library and adjacent office: up to 20 students • Computer Lab: up to 10 students
• Multipurpose Room (MPR): up to 40 students
• Game Room adjacent to the Fitness Room: up to 20 students • Gym: up to 40 students
• Kitchen access: supper/snack cold storage
• BTA fields, parks, and court spaces
Once the Program begins, the Program staff will escort students from the bus zone or pre-determined location to pick up the bussed students and walk them to City’s Property. Student pick up will take place at City’s Property. Parents and guardians are required to sign their students out at the time of pick up.

District will have the Program site coordinator to stay onsite with the student in one of the requested spaces until the child has been picked up by a family member/emergency contact.

6. Supper/Snack
District staff will need access to the kitchen for cold food storage. District and City staff will identify the most appropriate place for students to eat their supper/snack.

Students will not be allowed to eat in the gym.

10. District Supervision.

District shall provide adult supervision of students at all times when students are present in City’s Property, including in the Park.

11. Maintenance & Clean-up
a. Tenant shall make certain that at the end of each day the spaces used by the District is left clean of all trash, debris, recyclable and food waste materials (materials) associated with the Program. All materials shall be placed in appropriate receptacles for trash, recyclable and food waste materials.
b. Tenant will provide its own custodial service for the Program clean-up after the Program ends and will guarantee that their custodial service vendor properly disposes of all waste. If the Landlord incurs clean-up costs as a result of the Tenant’s use of the area, the Landlord will bill the Tenant for the costs.
c. Traditional site based after school programs are expected to maintain the cleanliness of their program spaces by following the after-school classroom and MPR clean-up 633
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checklist. The Expanded Learning Office will develop and implement appropriate clean-up checklists with BTA staff.

13. Bus Loading, Traffic Mitigation and Signage
a. Landlord will establish a bus zone location for pick-up and drop-off of Stege students.

The preferred location of the bus zone is on South 47th Street at the east curb line in front of the community center. Landlord will paint the curb in an appropriate color to designate bus loading and create and install appropriate signage designating the space as a bus zone. District and City staff will work collaboratively to complete this work prior to August 19, 2025.
b. District and City staff will work together to paint crosswalks on South 47th at Olive and South 47th at Cypress Avenue.
c. If needed, the City may, in its sole discretion, shift Richmond Police Department (RPD) crossing guards that were anticipated for use at Stege Elementary to appropriate intersections to assist with traffic and safety. The crossing guard location would depend on which direction the kids are approaching from. d. District staff and, when possible, RPD staff, will assist in directing vehicle traffic during drop off to ensure traffic does not back up in the area 634
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14. One City holiday not observed by the school district. a. Cesar Chavez Day is a City holiday but not observed by the School District.

WCCUSD has requested access for programming on this day. b. Staff will consult the Human Resources Department to accommodate their request since city staff will need to work on this holiday to provide access.

15. WCCUSD use of BTA for meetings not included in the Agreement a. WCCUSD requested to use the BTA Center's Basketball Gym for two community meetings during the 2025-26 school year. These requests will occur during this contract term.
b. The WCCUSD will complete the City permit request to reserve the required meeting space 30 days in advance. Once approved, the City will provide the requested space as per the permit. Days requested are as follows:
➢ October 6th- AAPAC Meeting 6:00-7:00
➢ October 21st- Evening Family Chat-6:00-7:00
➢ November 18th- Evening Family Chat-6:00-7:00
➢ December 10th- AAPAC Meeting- 6:00-7:00
➢ January 21st- Evening Family Chat-6:00-7:00
➢ February 25th- Black History Celebration - 5:00-7:00 (In partnership with ASP)
➢ March 20th- Coffee Chat- 6:00-7:00
➢ March 24th- Evening Family Chat-6:00-7:00
➢ April 21st- Evening Family Chat-6:00-7:00
➢ May 14th- End of Year AAPPAC- 5:30-7:30
➢ May 26th- Evening Family Chat-6:00-7:00

16. EdventureMore (EDMO)
a. During the 2025-26 school year, EDMO, the vendor contracted by WCCUSD to provide afterschool programs at BTA, requested to use one of the classrooms for a parent meeting. b. The City will provide meeting space at the BTA Center for EDMO to use for two meetings. c. EDMO will complete the City permit request to reserve the required meeting space 30 days in advance. Once approved, the City will provide the requested space as per the permit. 635
16 51232844.1/005674.00666
Exhibit D
Insurance
Tenant shall comply with the insurance requirements that are set forth in the City of Richmond - Insurance Requirements document that is attached hereto and incorporated herein by this reference. Tenant is required to comply with “City of Richmond -Type 4 – Leases of City Property. In addition to the requirements of City of Richmond – Type 4- Lease of City Property Tenant shall purchase an “Abuse or Molestation Coverage” policy with A.M. Best rating of A:VII or better in the amount of $2 million per occurrence naming the City of Richmond as “Additional Insured”.
636
___ 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 shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

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

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

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

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. 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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
637
___ 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 REQUIRED 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. 638
___ 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 nonrenewed, 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.
639
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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.

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.
640
# R3268 Status Approved Page 1 of 4
3 resource(s) 471 booking(s) Subtotal: $0.00
System User Fahm S
Work Phone Number (510) 231-1100
Cell Phone Number (510) 369-9040
Email Address [email protected]
Agent Name Chris Hurst Dr.

Organization Phone 1
Number
(510) 231-1100
Organization Phone 2
Number
(510) 369-9040
Organization Name West Contra Costa Unified School
District - 910
Customer Type WCCUSD GROUP
Organization 1108 Bissell Avenue
Richmond, CA 94801
Permit # R3268
Status: Approved
Date of Issue: Oct 6, 2025 11:52 AM
Richmond Recreation Complex
3230 Macdonald Avenue
Richmond, CA 94804
PHONE: (510) 620-6793
FAX: (510) 620-6583
EMAIL: [email protected]
Permit
Rental Fee $0.00
Discounts $0.00
Subtotal $0.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $0.00
Total Payment $0.00
Refunds $0.00
Balance $0.00
R3268 - WCCUSD / Stege Elementary MOU use
Event Notes:

Nov 2025 - June 2026
Monday through Friday, 1:00 pm - 6:00 pm during the period from November 3, 2025, to June 30, 2026. -Computer Lab: up to 10 students
-Game Room: up to 20 students
-Kitchen Access; supper/snack cold storage
Booking Summary
BTACC Computer Lab (Meeting) Center: Booker T. Anderson Community Center Facility Notes
No fees associated; solely reservation space
BTACC Game Room (Meeting) Center: Booker T. Anderson Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Attachment 3
641
# R3268 Status Approved Page 2 of 4
Facility Notes
No fees associated; solely reservation space.

Adjacent to Fitness Room.

BTACC Kitchen (Meeting) Center: Booker T. Anderson Community Center Facility Notes
No fees associated; solely reservation space.

Adjacent to Fitness Room.

Waivers and Information

WAIVER NAME DUE DATE FOR SIGNING STATUS

1. Contract Oct 6, 2025 Waiver Signed
THIS RENTAL AGREEMENT is by and between City of Richmond, Community Services Department, a municipal corporation (“City”) and Permit Holder (“Renter”), who agrees as follows:

1. Premises and Purpose of Use
(a) City rents to Renter and Renter may use the facilities listed within this Permit. (b) The Premises shall be used for the type of function indicated within this Permit. (c) The official title of the function is as indicated within this Permit.

Renter agrees that they will use due diligence to require all persons entering upon the Premises not to use the Premises in whole or in part during the term of this rental agreement for any purpose other than as, indicated on the Permit, except with prior written consent of the City. If any dispute arises as to whether any activity falls within the use of the Premises as described, in the Permit, City’s determination shall be final. (d) The attendance shall not exceed the maximum posted facility limit, or the expected attendance, whichever is less.

2. Term
(a) City rents and Renter may use the Premises as indicated within this Permit. (b) The list of facility, date(s) rented, and time(s) of permitted use are as indicated on the Permit inclusive of set-up and clean up.

3. Conditions of Use
Acceptance of Premises- Renters taking possession of the Premises on commencement of the term shall constitute Renter’s acknowledgement that the Premises are acceptable and in good condition.
(a) Subject to City’s written approval and noted in item 4 below, the portion of the Premises “kitchen” may be occupied by a concession selected by the Renter during the use of the Premises.
(b) Renter shall, throughout the term of this Rental Agreement, maintain the Premises in good, safe, and sanitary conditions and keep the Premises in good repair. (c) Renter shall not commit, suffer or permit any nuisance in or about said Premises. (d) Renter agrees that they will obey and observe and that they will require all persons entering upon said Premises to observe and obey all terms of this Rental Agreement and all municipal, state and federal laws. Renter shall be responsible for paying any fines or charges which may be levied by any governmental agency for violation of law, order, requirement, regulation, rule and ordinance arising out of use of the Premises by Renter or their agents. (e) Security Guards. Renters will provide security guards or police protection for each day of use of the Premises which is sufficient to protect life and property, and to ensure proper respectable use of the Premises and its surroundings as follows:

Under 50 persons – one guard; 50-100 persons – two guards; 100-200 persons – three guards; Over 200 persons – four or more guards. City may increase or decrease the number of guards required if, in the opinion of the manager, a greater or lesser number is necessary to achieve the above described protection. (f) Alcohol may not be served in any public space, except for the Richmond Auditorium. Please follow all posted parking regulations. Place all trash in trash cans. Clean up liquid spills promptly. Leave the facility in a neat and orderly condition. Report any damaged or malfunctioning equipment to attendant. (g) Tenant agrees not to exceed the posted maximum occupancy for the space rented. Tenant agrees: to pay for additional time to set-up in preparation of event including charges for a personnel attendant or a security guard; to pay the basic rental fees- facility rate for time use based on an hourly fee; for personnel attendants or security guards based on the number of attendees as well as janitorial supply expenses for cleaning and preparation for rental, and toiletries. Tenant also agrees to pay for other requested item as set in the Facility Fee Schedule. Facility must be left in a clean condition or in same condition as when first occupied; property owner does not supply cleaning materials/supplies to tenants. For Community Center users-Tenant agrees to fold up chairs and tables after event.

4. Other Covenants and Conditions
The following covenants or conditions are required of the City at Renter’s expense to be paid prior to rental:

Rental Fees listed within this Permit.

5. Rental Payment Provisions
(a) Security Deposit. Renter shall deposit with City the sum listed under “DEPOSITS” within this Permit, upon execution of this Rental Agreement, as Security and Damage Deposit for the performance by Renter of the provisions of this Rental Agreement. If Renter is in Default, City can use the Security and Damage Deposit, or any portion of it, to cure the default or to compensate City for all damage sustained by City resulting from Renter’s default. If Renter is not in default at the termination of the Rental Agreement, City shall return Deposit to Renter. City’s obligations with respect to the Deposit are those of a debtor and not a trustee. City can maintain the Deposit Mon, Oct 6, 2025 1:00 PM Tue, Jun 2, 2026 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 10/06/2025 until 06/02/2026 from 1:00 PM to 6:00 PM.

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Mon, Oct 6, 2025 1:00 PM Tue, Jun 2, 2026 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 10/06/2025 until 06/02/2026 from 1:00 PM to 6:00 PM. 642
# R3268 Status Approved Page 3 of 4
separate and apart from City’s general funds or can comingle the Deposit with City’s general or other funds. City shall not be required to pay Renter interest on the Deposit. Rental agreement will remain TENTATIVE and subject to immediate termination by City until Deposit is received.

Rental Reservation Fee (SECURITY DEPOSIT).

The City further acknowledges receipt of the Reservation Deposit to assure Renter's access/use of the Premises. If the Renter does not pay the balance of the Rental Fee, if any, due on or before the date indicated on the Permit, the City's Recreation Department may immediately cancel this Rental Agreement and retain Renter’s Reservation Deposit and any portion of the Rental Fee paid by the Renter. However, Renter(s) may cancel the reservation by notifying the City's Recreation Department in writing.

CANCELLATIONS
Deposits and Rental Fees may be refunded if an event is cancelled based upon the following days and cancellation deadlines. • 31 Days or more prior to the event –100%
• 30 days or less – No refunds will apply.

Return of any deposit by City to Renter will take a minimum of four weeks after last date of rental. (b) Rental Payments. Renter shall pay to City as rental, without deduction, setoff, prior notice or demand, the sum listed under “CHARGES” given, on the Permit at least thirty (30) days prior to the first day of use of the Premises. Failure to make the payment(s) as required herein rescinds this Agreement. (c) Rental Fee Adjustments. If Renter is qualified under City adopted provisions for a fee adjustment, then the fee adjustment applied to this Facility Agreement is stated in the Permit and rental fees have been adjusted accordingly. If the line is blank, then no adjustment has been applied to Rental. (d) Payment Schedule. Balance of rental due and payable immediately.

6. Signs
Renter agrees that no signs or placards of an advertising or promotional nature shall be painted, inscribed or placed in or on the Premises or on any building or structure located thereon without the prior written consent of the City which consent will not be withheld unreasonably. Renter agrees to remove promptly and to the satisfaction of the City, at the cost and expense of Renter, upon the expiration of the term or the earlier termination of this Rental Agreement, any and all signs and placards placed by it upon the Premises.

7. Indemnification
Renter shall indemnify and save City, its agents, officers and employees harmless from and against any and all liability, claims, suits, actions, damages, penalties and/or causes of action except with regard to the negligent acts or omissions of the City of Richmond arising during, or from, the term of this Rental Agreement out of any personal injury, bodily injury, loss of life or damage to the property, violation of any federal, state or municipal law or ordinance or other cause in connection with the use of the Premises by Renter, its employees and agents under this Rental Agreement of the Premises including all costs, counsel fees expenses incurred in obtaining expert testimony and the attendance of witnesses, expenses and liability incurred in and about such claim, the investigation thereof or the defense of any action or proceedings brought thereon and from against any orders, judgments, or decrees which may be entered therein. Approval of insurance coverage does not relieve Renter of liability under this Indemnification Clause

8. Insurance
(a) Worker’s Compensation. Renter, at its own cost, shall carry and maintain statutory Worker’s Compensation Insurance and Employers’ Liability Insurance for death or injury to employees to the extent required by law, with limits not less than one million dollars ($1,000,000.00) with an insurance carrier satisfactory to City at all times during the term of this Rental Agreement, or any extension thereof. Policy shall provide that no cancellation, major change in coverage or expiration shall become effective or occur until at least ten (10) days after receipt of such notice by City. In the event Renter is self-insured, it shall furnish Certificate of Permission to self-insure signed by the Department of Industrial Relations Administration of Self-Insurance in Sacramento, California. (b) Liability and Property Damage. Renter at its own cost shall maintain comprehensive liability and property damage insurance for the period of this Rental Agreement or any extension in the amount of one million dollars ($1,000,000.00) per occurrence combined single limit coverage. Such coverage shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property resulting from the use of the Premises contemplated under this Rental Agreement, use of owned and non-owned automobiles, products and completed operations. Such insurance shall be with insurers and under forms of polices satisfactory in all respects to City’s Counsel and shall provide that notice must be given to City at least thirty (30) days prior to cancellation or material change.

The following endorsements shall be attached to the policy: (1) Policy shall cover on an occurrence basis. (2) Policy must cover personal injuries as well as bodily injuries.

Exclusion of contractual liability must be eliminated from personal injury endorsement. (3) Policy must cover contractual liability by amending definition of “incidental contract” to include any written contract. (4) City of Richmond, its officers and employees shall be named as additional insured, and the policy shall stipulate that no other insurance affected by City will be called upon to contribute to a loss suffered by Renter hereunder. (5) Liability policy shall provide Bailee’s coverage on property in Renter’s care, custody, and control.

9. No Duty to Guard Goods
City shall have no liability for any loss or damage to the goods, property and equipment of Renter or third persons, in connection with or remaining upon the Premises irrespective of the source of such loss or damage.

10. Sub Rental Agreement and Assignment
Renter shall not voluntarily assign or encumber its interest in this Rental Agreement or in the Premises, or Sub Rental Agreement all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises without first obtaining City’s written consent.

11. Events of Default
If Renter defaults in the performance of any of the covenants, conditions, or agreements contained in this Rental Agreement, then Renter shall be deemed to have breached the Rental Agreement and City may rescind or terminate this Rental Agreement immediately by giving notice to the other party.

12. Inspection of Premises
The City may access the Premises at any and all reasonable times on and during the day of operation for the purpose of determining whether or not the Renter is complying with the conditions hereof or for any other purpose incidental to the rights of the City.

13. Nondiscrimination
Renter herein covenants by and for itself, its agents, employees and officers and all persons claiming under or through it that this Rental Agreement is made and accepted upon subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, sex, national origin, or in ancestry, in the renting, sub-renting, contracting, subcontracting, transferring, use, occupancy, tenure, or enjoyment of the Premises herein Rental Agreement and assigned; nor shall Renter itself, nor any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of renters, lessees, sub lessees, sub renters, users or vendors in the Premises herein Rental Agreement and assigned.

14. Waiver - No delay or omission in the exercise of any right or remedy of City on any default by Renter shall impair such a right or remedy or be construed as a waiver.

15. Other - The City may impose Non-Refundable extra fees as follows: Application Processing Fee; Late Set-up/Changes Fee; and Rental Cancellation/Date Change Fee.

IN WITNESS WHEREOF, the parties have executed this Facility Use Agreement and Park Use Permit as of the date printed on the Permit. Renter and City hereby 643
# R3268 Status Approved Page 4 of 4
X:

Date:

West Contra Costa Unified School District
Customer Type: WCCUSD GROUP
Customer ID: 47915
Mailing Address: 1108 Bissell Avenue, Richmond, CA
94801
Organization Phone 1 Number: (510) 231-1100
Organization Phone 2 Number: (510) 369-9040
Authorized Agent Name: Chris Hurst Dr.

Work Phone Number: (510) 231-1100
Cell Phone Number: (510) 369-9040
Email Address: [email protected]
X:

Date:

Richmond Recreation Complex
Mailing Address: 3230 Macdonald Avenue, Richmond, CA
94804
Phone Number: (510) 620-6793
Fax Number: (510) 620-6583
Email Address: [email protected]
specifically agree to be bound by the provisions in the Facility Rental Agreement and Park User Permit. Renter further acknowledges by execution of this Agreement, that Renter has read and is familiar with and agrees to the provisions in the Facility Use Agreement and Park Use Permit.

Signature
644
# R3267 Status Approved Page 1 of 4
3 resource(s) 492 booking(s) Subtotal: $295,231.00
System User Fahm S
Work Phone Number (510) 231-1100
Cell Phone Number (510) 369-9040
Email Address [email protected]
Agent Name Chris Hurst Dr.

Organization Phone 1
Number
(510) 231-1100
Organization Phone 2
Number
(510) 369-9040
Organization Name West Contra Costa Unified School
District - 910
Customer Type WCCUSD GROUP
Organization 1108 Bissell Avenue
Richmond, CA 94801
Permit # R3267
Status: Approved
Date of Issue: Oct 6, 2025 11:47 AM
Richmond Recreation Complex
3230 Macdonald Avenue
Richmond, CA 94804
PHONE: (510) 620-6793
FAX: (510) 620-6583
EMAIL: [email protected]
Permit
Rental Fee $295,231.00
Discounts $0.00
Subtotal $295,231.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $295,231.00
Total Payment $0.00
Refunds $0.00
Balance $295,231.00
R3267 - WCCUSD / Stege Elementary MOU use
Event Notes:

Nov 2025 - June 2026
Monday through Friday, 1:00 pm - 6:00 pm during the period from November 3, 2025, to June 30, 2026. -Multipurpose Room #1: up to 20 students
-Multipurpose Room #2: up to 40 students
-Gym: up to 40 students
Booking Summary
BTACC Gym (Meeting) Center: Booker T. Anderson Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Mon, Nov 3, 2025 1:00 PM Tue, Jun 30, 2026 6:00 PM -- $124,640.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 11/03/2025 until 06/30/2026 from 1:00 PM to 6:00 PM.

Exception:

Tue, Nov 11, 2025,
Thu, Nov 27, 2025,
Fri, Nov 28, 2025,
Thu, Dec 25, 2025,
Thu, Jan 1, 2026,
Mon, Jan 19, 2026,
Mon, Feb 16, 2026,
Mon, May 25, 2026
645
# R3267 Status Approved Page 2 of 4
BTACC Multi Purpose Room 1 (Meeting) Center: Booker T. Anderson Community Center Facility Notes
Art Room/Library adjacent
BTACC Multi Purpose Room 2 (Meeting) Center: Booker T. Anderson Community Center Waivers and Information

WAIVER NAME DUE DATE FOR SIGNING STATUS

1. Contract Nov 3, 2025 Waiver Signed
THIS RENTAL AGREEMENT is by and between City of Richmond, Community Services Department, a municipal corporation (“City”) and Permit Holder (“Renter”), who agrees as follows:

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Mon, Nov 3, 2025 1:00 PM Tue, Jun 30, 2026 6:00 PM -- $85,280.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 11/03/2025 until 06/30/2026 from 1:00 PM to 6:00 PM.

Exception:

Tue, Nov 11, 2025,
Thu, Nov 27, 2025,
Fri, Nov 28, 2025,
Thu, Dec 25, 2025,
Thu, Jan 1, 2026,
Mon, Jan 19, 2026,
Mon, Feb 16, 2026,
Mon, May 25, 2026

Exception:

Tue, Nov 11, 2025,
Thu, Nov 27, 2025,
Fri, Nov 28, 2025,
Thu, Dec 25, 2025,
Thu, Jan 1, 2026,
Mon, Jan 19, 2026,
Mon, Feb 16, 2026,
Mon, May 25, 2026
Resource level fees $31.00
646
# R3267 Status Approved Page 3 of 4
liquid spills promptly. Leave the facility in a neat and orderly condition. Report any damaged or malfunctioning equipment to attendant. (g) Tenant agrees not to exceed the posted maximum occupancy for the space rented. Tenant agrees: to pay for additional time to set-up in preparation of event including charges for a personnel attendant or a security guard; to pay the basic rental fees- facility rate for time use based on an hourly fee; for personnel attendants or security guards based on the number of attendees as well as janitorial supply expenses for cleaning and preparation for rental, and toiletries. Tenant also agrees to pay for other requested item as set in the Facility Fee Schedule. Facility must be left in a clean condition or in same condition as when first occupied; property owner does not supply cleaning materials/supplies to tenants. For Community Center users-Tenant agrees to fold up chairs and tables after event.

4. Other Covenants and Conditions
The following covenants or conditions are required of the City at Renter’s expense to be paid prior to rental:

Rental Fees listed within this Permit.

5. Rental Payment Provisions
(a) Security Deposit. Renter shall deposit with City the sum listed under “DEPOSITS” within this Permit, upon execution of this Rental Agreement, as Security and Damage Deposit for the performance by Renter of the provisions of this Rental Agreement. If Renter is in Default, City can use the Security and Damage Deposit, or any portion of it, to cure the default or to compensate City for all damage sustained by City resulting from Renter’s default. If Renter is not in default at the termination of the Rental Agreement, City shall return Deposit to Renter. City’s obligations with respect to the Deposit are those of a debtor and not a trustee. City can maintain the Deposit separate and apart from City’s general funds or can comingle the Deposit with City’s general or other funds. City shall not be required to pay Renter interest on the Deposit. Rental agreement will remain TENTATIVE and subject to immediate termination by City until Deposit is received.

Rental Reservation Fee (SECURITY DEPOSIT).

The following endorsements shall be attached to the policy: (1) Policy shall cover on an occurrence basis. (2) Policy must cover personal injuries as well as bodily injuries.

12. Inspection of Premises
647
# R3267 Status Approved Page 4 of 4
X:

Date:

Work Phone Number: (510) 231-1100
Cell Phone Number: (510) 369-9040
Email Address: [email protected]
X:

Date:

Richmond Recreation Complex
Mailing Address: 3230 Macdonald Avenue, Richmond, CA
94804
Phone Number: (510) 620-6793
Fax Number: (510) 620-6583
Email Address: [email protected]
Payment Schedules Original Balance: $295,231.00 Current Balance: $295,231.00 The City may access the Premises at any and all reasonable times on and during the day of operation for the purpose of determining whether or not the Renter is complying with the conditions hereof or for any other purpose incidental to the rights of the City.

14. Waiver - No delay or omission in the exercise of any right or remedy of City on any default by Renter shall impair such a right or remedy or be construed as a waiver.

15. Other - The City may impose Non-Refundable extra fees as follows: Application Processing Fee; Late Set-up/Changes Fee; and Rental Cancellation/Date Change Fee.

IN WITNESS WHEREOF, the parties have executed this Facility Use Agreement and Park Use Permit as of the date printed on the Permit. Renter and City hereby specifically agree to be bound by the provisions in the Facility Rental Agreement and Park User Permit. Renter further acknowledges by execution of this Agreement, that Renter has read and is familiar with and agrees to the provisions in the Facility Use Agreement and Park Use Permit.

Signature

DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Oct 6, 2025 $295,231.00 $0.00 $0.00 $295,231.00
648
# R2789 Status Approved Page 1 of 5
5 resource(s) 630 booking(s) Subtotal: $0.00
System User Marisella C.

Work Phone Number (510) 231-1100
Cell Phone Number (510) 369-9040
Email Address [email protected]
Agent Name Chris Hurst Dr.

Organization Phone 1
Number
(510) 231-1100
Organization Phone 2
Number
(510) 369-9040
Organization Name West Contra Costa Unified School
District - 910
Customer Type WCCUSD GROUP
Organization 1108 Bissell Avenue
Richmond, CA 94801
Permit # R2789
Status: Approved
Date of Issue: Sep 16, 2024 3:18 PM
Richmond Recreation Complex
3230 Macdonald Avenue
Richmond, CA 94804
PHONE: (510) 620-6793
FAX: (510) 620-6583
EMAIL: [email protected]
Permit
Rental Fee $153,121.00
Discounts -$153,121.00
Subtotal $0.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $0.00
Total Payment $0.00
Refunds $0.00
Balance $0.00
R2789 - WCCUSD / Stege Elementary MOU use
Event Notes:

Sept 2024 - Dec 2024
Monday through Friday, 8:00 am - 8:45 am and 12:00 pm - 6:00 pm during the period from August 19, 2024, to June 18, 2025. -Multipurpose Room #1: up to 20 students
-Multipurpose Room #2: up to 40 students
-Computer Lab: up to 10 students
-Gym: up to 40 students
-Kitchen access: supper/snack cold storage
Booking Summary
BTACC Computer Lab (Meeting) Center: Booker T. Anderson Community Center Facility Notes

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Mon, Sep 16, 2024 8:00 AM Fri, Dec 20, 2024 8:45 AM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 09/16/2024 until 12/20/2024 from 8:00 AM to 8:45 AM.

Mon, Sep 16, 2024 12:00 PM Fri, Dec 20, 2024 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 09/16/2024 until 12/20/2024 from 12:00 PM to 6:00 PM.

Attachment 4
649
# R2789 Status Approved Page 2 of 5
No fees associated; solely reservation space
BTACC Gym (Meeting) Center: Booker T. Anderson Community Center BTACC Kitchen (Meeting) Center: Booker T. Anderson Community Center Facility Notes
No fees associated; solely reservation space.

Adjacent to Fitness Room.

BTACC Multi Purpose Room 1 (Meeting) Center: Booker T. Anderson Community Center

Exception:

Mon, Oct 14, 2024,
Mon, Nov 11, 2024,
Mon, Nov 25, 2024,
Tue, Nov 26, 2024,
Wed, Nov 27, 2024,
Thu, Nov 28, 2024,
Fri, Nov 29, 2024
Mon, Sep 16, 2024 12:00 PM Fri, Dec 20, 2024 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 09/16/2024 until 12/20/2024 from 12:00 PM to 6:00 PM.

Exception:

Mon, Oct 14, 2024,
Mon, Nov 11, 2024,
Mon, Nov 25, 2024,
Tue, Nov 26, 2024,
Wed, Nov 27, 2024,
Thu, Nov 28, 2024,
Fri, Nov 29, 2024

Mon, Sep 16, 2024 12:00 PM Fri, Dec 20, 2024 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 09/16/2024 until 12/20/2024 from 12:00 PM to 6:00 PM.

Exception:

Mon, Oct 14, 2024,
Mon, Nov 11, 2024,
Mon, Nov 25, 2024,
Tue, Nov 26, 2024,
Wed, Nov 27, 2024,
Thu, Nov 28, 2024,
Fri, Nov 29, 2024,
Mon, Dec 23, 2024,
Tue, Dec 24, 2024,
Wed, Dec 25, 2024,
Thu, Dec 26, 2024,
Fri, Dec 27, 2024,
Mon, Dec 30, 2024,
Tue, Dec 31, 2024
Mon, Sep 16, 2024 12:00 PM Fri, Dec 20, 2024 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 09/16/2024 until 12/20/2024 from 12:00 PM to 6:00 PM. 650
# R2789 Status Approved Page 3 of 5
Facility Notes
Art Room/Library adjacent
BTACC Multi Purpose Room 2 (Meeting) Center: Booker T. Anderson Community Center Waivers and Information

WAIVER NAME DUE DATE FOR SIGNING STATUS

1. Contract Sep 16, 2024 Waiver Signed
THIS RENTAL AGREEMENT is by and between City of Richmond, Community Services Department, a municipal corporation (“City”) and Permit Holder (“Renter”), who agrees as follows:

Exception:

Mon, Sep 16, 2024 12:00 PM Fri, Dec 20, 2024 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 09/16/2024 until 12/20/2024 from 12:00 PM to 6:00 PM.

Resource level fees $0.00
651
# R2789 Status Approved Page 4 of 5

4. Other Covenants and Conditions
The following covenants or conditions are required of the City at Renter’s expense to be paid prior to rental:

Rental Fees listed within this Permit.

5. Rental Payment Provisions
(a) Security Deposit. Renter shall deposit with City the sum listed under “DEPOSITS” within this Permit, upon execution of this Rental Agreement, as Security and Damage Deposit for the performance by Renter of the provisions of this Rental Agreement. If Renter is in Default, City can use the Security and Damage Deposit, or any portion of it, to cure the default or to compensate City for all damage sustained by City resulting from Renter’s default. If Renter is not in default at the termination of the Rental Agreement, City shall return Deposit to Renter. City’s obligations with respect to the Deposit are those of a debtor and not a trustee. City can maintain the Deposit separate and apart from City’s general funds or can comingle the Deposit with City’s general or other funds. City shall not be required to pay Renter interest on the Deposit. Rental agreement will remain TENTATIVE and subject to immediate termination by City until Deposit is received.

Rental Reservation Fee (SECURITY DEPOSIT).

The following endorsements shall be attached to the policy: (1) Policy shall cover on an occurrence basis. (2) Policy must cover personal injuries as well as bodily injuries.

That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, sex, national origin, or in ancestry, in the renting, 652
# R2789 Status Approved Page 5 of 5
X:

Date:

Work Phone Number: (510) 231-1100
Cell Phone Number: (510) 369-9040
Email Address: [email protected]
X:

Date:

Richmond Recreation Complex
Mailing Address: 3230 Macdonald Avenue, Richmond, CA
94804
Phone Number: (510) 620-6793
Fax Number: (510) 620-6583
Email Address: [email protected]
sub-renting, contracting, subcontracting, transferring, use, occupancy, tenure, or enjoyment of the Premises herein Rental Agreement and assigned; nor shall Renter itself, nor any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of renters, lessees, sub lessees, sub renters, users or vendors in the Premises herein Rental Agreement and assigned.

14. Waiver - No delay or omission in the exercise of any right or remedy of City on any default by Renter shall impair such a right or remedy or be construed as a waiver.

15. Other - The City may impose Non-Refundable extra fees as follows: Application Processing Fee; Late Set-up/Changes Fee; and Rental Cancellation/Date Change Fee.

Signature
653
# R2790 Status Approved Page 1 of 4
3 resource(s) 588 booking(s) Subtotal: $0.00
System User Marisella C.

Work Phone Number (510) 231-1100
Cell Phone Number (510) 369-9040
Email Address [email protected]
Agent Name Chris Hurst Dr.

Organization Phone 1
Number
(510) 231-1100
Organization Phone 2
Number
(510) 369-9040
Organization Name West Contra Costa Unified School
District - 910
Customer Type WCCUSD GROUP
Organization 1108 Bissell Avenue
Richmond, CA 94801
Permit # R2790
Status: Approved
Date of Issue: Sep 16, 2024 3:56 PM
Richmond Recreation Complex
3230 Macdonald Avenue
Richmond, CA 94804
PHONE: (510) 620-6793
FAX: (510) 620-6583
EMAIL: [email protected]
Permit
Rental Fee $238,140.00
Discounts -$238,140.00
Subtotal $0.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $0.00
Total Payment $0.00
Refunds $0.00
Balance $0.00
R2790 - WCCUSD / Stege Elementary MOU use
Event Notes:

Jan 2025 - June 2025
Monday through Friday, 8:00 am - 8:45 am and 12:00 pm - 6:00 pm during the period from August 19, 2024, to June 18, 2025. -Multipurpose Room #1: up to 20 students
-Multipurpose Room #2: up to 40 students
-Gym: up to 40 students
Booking Summary
BTACC Gym (Meeting) Center: Booker T. Anderson Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Mon, Jan 6, 2025 8:00 AM Wed, Jun 11, 2025 8:45 AM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 01/06/2025 until 06/11/2025 from 8:00 AM to 8:45 AM. 654
# R2790 Status Approved Page 2 of 4
BTACC Multi Purpose Room 1 (Meeting) Center: Booker T. Anderson Community Center Facility Notes
Art Room/Library adjacent
BTACC Multi Purpose Room 2 (Meeting) Center: Booker T. Anderson Community Center Waivers and Information

WAIVER NAME DUE DATE FOR SIGNING STATUS

1. Contract Jan 6, 2025 Waiver Signed
THIS RENTAL AGREEMENT is by and between City of Richmond, Community Services Department, a municipal corporation (“City”) and Permit Holder (“Renter”), who agrees as follows:

Exception:

Mon, Jan 20, 2025,
Mon, Feb 17, 2025,
Tue, Feb 18, 2025,
Wed, Feb 19, 2025,
Thu, Feb 20, 2025,
Fri, Feb 21, 2025,
Fri, Mar 28, 2025,
Mon, Mar 31, 2025,
Mon, Apr 7, 2025,
Tue, Apr 8, 2025,
Wed, Apr 9, 2025,
Thu, Apr 10, 2025,
Fri, Apr 11, 2025,
Fri, May 23, 2025,
Mon, May 26, 2025
Mon, Jan 6, 2025 12:00 PM Wed, Jun 11, 2025 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 01/06/2025 until 06/11/2025 from 12:00 PM to 6:00 PM.

Exception:

Mon, Jan 6, 2025 12:00 PM Wed, Jun 11, 2025 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 01/06/2025 until 06/11/2025 from 12:00 PM to 6:00 PM.

Mon, Jan 6, 2025 12:00 PM Wed, Jun 11, 2025 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 01/06/2025 until 06/11/2025 from 12:00 PM to 6:00 PM. 655
# R2790 Status Approved Page 3 of 4
(c) The official title of the function is as indicated within this Permit.

4. Other Covenants and Conditions
The following covenants or conditions are required of the City at Renter’s expense to be paid prior to rental:

Rental Fees listed within this Permit.

5. Rental Payment Provisions
(a) Security Deposit. Renter shall deposit with City the sum listed under “DEPOSITS” within this Permit, upon execution of this Rental Agreement, as Security and Damage Deposit for the performance by Renter of the provisions of this Rental Agreement. If Renter is in Default, City can use the Security and Damage Deposit, or any portion of it, to cure the default or to compensate City for all damage sustained by City resulting from Renter’s default. If Renter is not in default at the termination of the Rental Agreement, City shall return Deposit to Renter. City’s obligations with respect to the Deposit are those of a debtor and not a trustee. City can maintain the Deposit separate and apart from City’s general funds or can comingle the Deposit with City’s general or other funds. City shall not be required to pay Renter interest on the Deposit. Rental agreement will remain TENTATIVE and subject to immediate termination by City until Deposit is received.

Rental Reservation Fee (SECURITY DEPOSIT).

Date:

Work Phone Number: (510) 231-1100
Cell Phone Number: (510) 369-9040
Email Address: [email protected]
X:

Date:

Richmond Recreation Complex
Mailing Address: 3230 Macdonald Avenue, Richmond, CA
94804
Phone Number: (510) 620-6793
Fax Number: (510) 620-6583
Email Address: [email protected]
any extension in the amount of one million dollars ($1,000,000.00) per occurrence combined single limit coverage. Such coverage shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property resulting from the use of the Premises contemplated under this Rental Agreement, use of owned and non-owned automobiles, products and completed operations. Such insurance shall be with insurers and under forms of polices satisfactory in all respects to City’s Counsel and shall provide that notice must be given to City at least thirty (30) days prior to cancellation or material change.

The following endorsements shall be attached to the policy: (1) Policy shall cover on an occurrence basis. (2) Policy must cover personal injuries as well as bodily injuries.

14. Waiver - No delay or omission in the exercise of any right or remedy of City on any default by Renter shall impair such a right or remedy or be construed as a waiver.

15. Other - The City may impose Non-Refundable extra fees as follows: Application Processing Fee; Late Set-up/Changes Fee; and Rental Cancellation/Date Change Fee.

Signature
657
# R2791 Status Approved Page 1 of 4
2 resource(s) 392 booking(s) Subtotal: $0.00
System User Marisella C.

Work Phone Number (510) 231-1100
Cell Phone Number (510) 369-9040
Email Address [email protected]
Agent Name Chris Hurst Dr.

Organization Phone 1
Number
(510) 231-1100
Organization Phone 2
Number
(510) 369-9040
Organization Name West Contra Costa Unified School
District - 910
Customer Type WCCUSD GROUP
Organization 1108 Bissell Avenue
Richmond, CA 94801
Permit # R2791
Status: Approved
Date of Issue: Sep 16, 2024 4:06 PM
Richmond Recreation Complex
3230 Macdonald Avenue
Richmond, CA 94804
PHONE: (510) 620-6793
FAX: (510) 620-6583
EMAIL: [email protected]
Permit
Rental Fee $0.00
Discounts $0.00
Subtotal $0.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $0.00
Total Payment $0.00
Refunds $0.00
Balance $0.00
R2791 - WCCUSD / Stege Elementary MOU use
Event Notes:

Jan 2025 - June 2025
Monday through Friday, 8:00 am - 8:45 am and 12:00 pm - 6:00 pm during the period from August 19, 2024, to June 18, 2025. -Computer Lab: up to 10 students
-Kitchen access: supper/snack cold storage
Booking Summary
BTACC Computer Lab (Meeting) Center: Booker T. Anderson Community Center Facility Notes
No fees associated; solely reservation space
BTACC Kitchen (Meeting) Center: Booker T. Anderson Community Center

Mon, Jan 6, 2025 12:00 PM Wed, Jun 11, 2025 6:00 PM -- $0.00 Occurs every Monday, Tuesday, Wednesday, Thursday and Friday effective 01/06/2025 until 06/11/2025 from 12:00 PM to 6:00 PM. 658
# R2791 Status Approved Page 2 of 4
Facility Notes
No fees associated; solely reservation space.

Adjacent to Fitness Room.

Waivers and Information

WAIVER NAME DUE DATE FOR SIGNING STATUS

4. Other Covenants and Conditions
The following covenants or conditions are required of the City at Renter’s expense to be paid prior to rental:

Rental Fees listed within this Permit.

5. Rental Payment Provisions
(a) Security Deposit. Renter shall deposit with City the sum listed under “DEPOSITS” within this Permit, upon execution of this Rental Agreement, as Security and Damage Deposit for the performance by Renter of the provisions of this Rental Agreement. If Renter is in Default, City can use the Security and Damage Deposit, or any portion of it, to cure the default or to compensate City for all damage sustained by City resulting from Renter’s default. If Renter is not in default at the termination of the Rental Agreement, City shall return Deposit to Renter. City’s obligations with respect to the Deposit are those of a debtor and not a trustee. City can maintain the Deposit separate and apart from City’s general funds or can comingle the Deposit with City’s general or other funds. City shall not be required to pay Renter interest on the Deposit. Rental agreement will remain TENTATIVE and subject to immediate termination by City until Deposit is received.

Rental Reservation Fee (SECURITY DEPOSIT).

The following endorsements shall be attached to the policy: (1) Policy shall cover on an occurrence basis. (2) Policy must cover personal injuries as well as bodily injuries.

14. Waiver - No delay or omission in the exercise of any right or remedy of City on any default by Renter shall impair such a right or remedy or be construed as a waiver.

15. Other - The City may impose Non-Refundable extra fees as follows: Application Processing Fee; Late Set-up/Changes Fee; and Rental Cancellation/Date Change Fee.

Signature
660
# R2791 Status Approved Page 4 of 4
X:

Date:

Work Phone Number: (510) 231-1100
Cell Phone Number: (510) 369-9040
Email Address: [email protected]
X:

Date:

Richmond Recreation Complex
Mailing Address: 3230 Macdonald Avenue, Richmond, CA
94804
Phone Number: (510) 620-6793
Fax Number: (510) 620-6583
Email Address: [email protected]
661

WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
1108 Bissell Avenue | Richmond, CA 94801-3135
Office: (510) 231-1170
www.wccusd.net
Cheryl Cotton Kim Moses, Ed.D.

Superintendent Associate Superintendent, Business Services November 12, 2025
Lashonda White
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Dear Ms. White,
The West Contra Costa Unified School District is proud to educate the students of Richmond, CA. We are committed to serving our families and communities with high-quality programming, and we are intentional in our strategies to engage our students and families in a meaningful way. We are excited that Stege Elementary School is being reconstructed to provide new school facilities for our Richmond children and families. However, currently, the students and families of Stege have been temporarily relocated to the DeJean Middle School campus while the new Stege campus is under construction.

To serve our Stege residents most effectively and to ensure that our school-sponsored after-school program is accessible to all students and families, we respectfully ask for your partnership and support to provide these services at the Booker T. Anderson Community Center located in the Stege Community. We believe the location is critical to having students engage in after-school activities, given the distance of the temporary campus. We also ask for the city to consider allowing our use of the BTA Community Center as an in-kind service. Currently, our district is addressing a structural deficit and working towards fiscal solvency in our multi-year budget plan. The fees associated with the public rental exceed what we can afford. As a result of our budget deficit, we are asking that the fees for the school year 2024-25 and 2025-26 be waived for the facility use. Our district is more than willing to offer in-kind facilities use permits for the city of Richmond, as requested during this school year.

Thank you for considering this request. If you have any questions or would like to address this matter further, please don't hesitate to contact us.

Sincerely,
Kim Moses, Ed.D.

Associate Superintendent, Business Services
662
RENTER APPROVED # DECLINED # RATE CAT
Aspire Richmond Technology Academy 2 0 West Contra Costa Unified School District|Non-Profit Other / Group 3 City of Richmond 1 0 West Contra Costa Unified School District|Non-Profit Youth / Group 2 City of Richmond - Community Development Department 3 1 West Contra Costa Unified School District|Non-Profit Other / Group 3 Invictus Academy of Richmond 1 0 West Contra Costa Unified School District|Non-Profit Other / Group 3 Invictus Academy, Inc. 1 0 West Contra Costa Unified School District|For Profit / Group 4 North Richmond Missionary Baptist Church 1 0 West Contra Costa Unified School District|Non-Profit Other / Group 3 Richmond Annex Neighborhood Council 1 0 West Contra Costa Unified School District|For Profit / Group 4 Richmond Community Foundation 1 0 West Contra Costa Unified School District|Non-Profit Other / Group 3 Richmond Quakes Soccer Club 0 1 West Contra Costa Unified School District|Non-Profit Other / Group 3 Richmond Rayados 0 0 West Contra Costa Unified School District|Non-Profit Other / Group 3 Richmond SOL youth Programs 12 5 West Contra Costa Unified School District|Non-Profit Youth / Group 2 Richmond Steelers 15 5 West Contra Costa Unified School District|Non-Profit Youth / Group 2 Richmond Steelers 15 5 West Contra Costa Unified School District|Non-Profit Youth / Group 2 Richmond United Soccer Club 25 15 West Contra Costa Unified School District|Non-Profit Youth / Group 2 Richmond United Soccer Club 25 15 West Contra Costa Unified School District|Non-Profit Youth / Group 2 Processed Applications from January 2024 - Present_Richmond Applicants 663

FACILITY USE

PERMIT PROCESS

SERVING THE COMMUNITY TOGETHER

WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
664

NEW POLICIES
1 2
3 4
5 6

CLARIFIED THE LANGUAGE FOR PRIORITIZATION

STREAMLINED THE SCHEDULING PROCESS

UNIVERSAL APPLICATION ACCEPTANCE DATE

NEW PROCESS FOR IDENTIFYING AVAILABLE FACILITIES

FINAL APPROVAL ISSUED BY THE FACILITIES USE DEPARTMENT

HONORING COMMUNITY PARTNERSHIPS TO SERVICE OUR YOUTH
665

WCCUSD FACILITIES USE

PROCESS
The Policies and Procedures for WCCUSD Facilities Use
Permitting have been updated to provide a clear
understanding of our procedures for facility rentals for community partners.

LINK TO UPDATED FACILITIES

USE POLICIES & PROCEDURES
666

LANGUAGE FOR

PRIORITIZATION

CLARIFIED

1. Authority. The District Facilities Scheduling Office has the sole authority to grant use of the school facilities at each District school. If a conflict in scheduling should arise, the Facilities Scheduling Office shall have the authority to reschedule or cancel a requested use for any reason the office deems necessary.

1. Priority. The priority for use of District facilities and grounds shall be according to the following:

1. District and District schools;

2. City government requests within District boundaries;

3. Nonprofit organizations, clubs, associations, and Entities with official organization addresses within District boundaries, serving more than 50% of WCCUSD residents;

4. Other nonprofit organizations, clubs, associations, and entities;

5. For profit outside entities.
667

STREAMLINED THE

SCHEDULING

PROCESS
Permits. All users including school-related
groups must file an application for a
facilities use permit. School program
contractors can schedule use permits to
align with the academic calendar (July 1 to
June 30). Non-school related requests open
October 30 for January - June permits and
April 30 for July - December permits. All
applicants must re-apply for new permits at
the conclusion of their scheduled usage.
668

UNIVERSAL

APPLICATION

ACCEPTANCE
DATE
Winter/Spring Seasons, January 1 - June 30
Applications will be accepted beginning October 30

1. Before October 30, all school sites will enter their schedules into Facilitron for all known sports and activities field/facilities usage between January 1 - June 30.

2. On October 30 of each year, applications for Facilities Use Permits during the period from January 1 to June 30 will be open for submission.

3. Within two weeks of submission, applicants will be notified of their application status.

4. All applications will be considered on a first-come, first-served basis in alignment with our rental group priority level. In the case of two applications being received on the same day, the applicants will be invited to a virtual selection meeting where we will conduct a blind lottery process to assign the field/facility.

Summer/Fall Seasons, July 1 - December 31
Applications will be accepted beginning April 30
669

NEW PROCESS

FOR IDENTIFYING

AVAILABLE

FACILITIES
SITE

ADMINISTRATORS

ATHLETIC

DIRECTORS
SCHOOL

ACTIVITIES
Programs and Events
should be entered into
facilitron as soon as they
are planned in order to
establish what facilities
may be available
Universal Practice
Schedules for high school
sports have been
established. Games
should be entered as soon
as they are finalized by the
league
School activities using
fields, gymnasiums, and
theaters should be
entered into Facilitron as
soon as possible, when
scheduled
School Events are prioritized and school facilities will be made available for school events. Every effort will be made not to cancel community permits, when possible 670

FINAL APPROVAL ISSUED

BY THE FACILITIES USE

DEPARTMENT
Applications Open October 30 for rentals January 1-June 30.

Applications Open April 30 for rentals July 1- December 30. ● To submit a Facilities Use application to the District, complete the application online using the following website:
● www.facilitron.com/wccusd94801
● All required Certificate of Insurance; the Additionally Insured Endorsement must be uploaded at the time of sign-up.
● Payment for the use of facilities is on estimate. If the use of facilities exceeds the time indicated on the permit, the District will bill the difference.
● It is the responsibility of the applicant to make sure all requirements are met. The applicant must have final approval from the Facilities Use Office before the scheduled event. 671

THE FACILITIES USE

DEPARTMENT IS

COMMITTED TO

HONORING COMMUNITY

PARTNERSHIPS TO

SERVICE OUR YOUTH
672
THANK
YOU
QUESTIONS?
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WEST COUNTY PLAYS PROGRAM
Information:
○ West Contra Costa PLAYS program - A Contra Costa County/WCCUSD partnership, providing increased access to youth sports facilities on district campuses. ■ Communications materials to share with your organization and partners:
● Presentation
● Fliers: English | Spanish
Interested Groups must complete the application form below, and it will be processed by the Coordinators and the County office of John Gioia.

West County PLAYS Application 2025-2026
Currently, these 17 groups receive the subsidy:

Eastshore Alliance Fútbol Club
Richmond United Soccer Club, California
Richmond Steelers Youth Football & Cheer
Albany-Berkeley Soccer Club
Special Olympics Northern California
Vision Sports Academy
West Contra Costa Youth Soccer League, Inc.

T-BONE BUCKET BOYZ BASKETBALL ACADEMY 2
Albany Berkeley Volleyball Club
San Pablo Cowboys Youth Association
Alameda Contra Costa Youth Soccer League
San Pablo United Youth Soccer Club
Triple Crown Youth Baseball
East Bay Cyclones
Tri-City Dolphins
Elemental Volleyball Academy
Richmond SOL
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Richmond City CouncilNovember 18, 2025

Richmond City Council
November 18, 2025