Agenda — Richmond City Council, December 16, 2025 (part 4 of 12)

December 16, 2025
Economic Development
DATE: December 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nannette Beacham, Director of Economic Development Jordon Nesbitt, Administrative Assistant
Subject: Neighborhood Public Art (NPA) Mini Grant Awards Selection for Fiscal Year 2025-26
FINANCIAL IMPACT: The proposed $160,000 expenditure is partially included in the approved fiscal year 2025-2026 Arts & Culture
Division budget. Funding in the amount of $110,000 has
already been allocated for this grant program. An
additional contribution of $50,000 from the General Fund is recommended to award a total of $160,000 in the Arts & Culture Division budget (Account String: 01364065 -
400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Since 2010, the Richmond Arts and Culture Commission
(RACC) has awarded funding to Richmond community
members for art projects throughout the City. City staff is bringing forth funding recommendations from the RACC
for the Fiscal Year 2025-26 Neighborhood Public Art
(NPA) Mini Grant Program for review and approval by the City Council.

RECOMMENDED ACTION: APPROVE a recommendation from the Richmond Arts and Culture Commission (RACC) for Fiscal Year (FY)
2025-26 to award grants to thirteen selected artists, for a total combined amount not to exceed $160,000, for a
term beginning January 1, 2026, and ending December
31, 2026; APPROPRIATE an additional $50,000 from the
General Fund; and AUTHORIZE the city manager or their
designee to negotiate and execute agreements with
approved grantees in a form substantially similar to the AGENDA
REPORT
565

Page 2 of 4 ends

December 16, 2025
draft agreement attached hereto as Attachment 1 -
Economic Development Department/Arts & Culture
Division (Nannette Beacham 510-621-1306/Jordon
Nesbitt 510-620-6787).

DISCUSSION:

For more than a decade, the Richmond Arts and Culture Commission (RACC) Neighborhood Public Art (NPA) Mini Grant program has awarded grants ranging from $500 to $8,000 to Richmond community members for art projects throughout Richmond.

With an increase in General Fund budget appropriations requested by staff and approved by City Council, and in an effort to better support local artists, the RACC voted to increase the award range beginning with a minimum award of $7,000 up to a maximum of $15,000.

The solicitation process for fiscal year (FY) 2025-26 included a Request for Proposals (RFP), which was distributed on August 18, 2025, to over 1,000 artists (Attachment 1).

The distribution list included artists who attended RACC Community Outreach workshops, artists who had Richmond business licenses, non-profit arts organizations, including those located locally in Richmond, and previous NPA Mini Grant award winners and applicants. The RFP was also posted in the City Manager’s Weekly Newsletter and several Social Media platforms, including Facebook, etc. The proposal deadline was October 17, 2025.

On September 17, 2025, and October 1, 2025, respectively, City staff and RACC members hosted mandatory workshops (pre-bid meetings). A total of 71 people attended the mandatory information sessions. By October 17, 2025, the deadline, the City received 21 successfully submitted applications. The range of proposals included murals, art exhibits, instrumental music classes, dance performances, culinary arts, music production, film-making workshops, etc. The written applications included a project description, resume/bio, project budget, and optional items such as images of prior work and supporting materials, including articles, artist statements, postcards, etc.

On November 5, 2025, the RACC met to review their evaluations of the submitted proposals and to identify finalists and runners-up based on the cumulative scores and rankings for each submission (Attachment 2). Each applicant’s total score (100-point max) reflects the combined points awarded by all four participating commissioners.

The commissioner’s scoring rubric provided a maximum of 25 points per proposal, with up to five points allocated for each of the following criteria:
 project description
 artist experience
 community outreach and engagement
 overall feasibility—including the proposed timeline and budget 566

Page 3 of 4 ends

December 16, 2025
Proposed NPA Awardees:

Artist Project Title Award Amount
Chef Marshawn Howard
/ Art at Vibe Community Culinary Project $14,900
Cindy Serrano /
Empowering Youth
Through Music (EYTM)
Cindy’s Creative Corner $8,500
Jayson Johnson, Strike
Five Films, LLC /
Independent Arts &
Media
What’s Reel About Richmond
Workshops $15,000
John Boychuk Miraflores Rising Roses $15,000
Mark Anthony James /
EYTM EYTM: Music Education $10,000
Shahrzad Dance Daastan: From Story to Body $9,400
Shawnie Bennett /
Melanin Unlimited I AM / ACTwOKE $15,000
Stephen Bruce Skidmore Project $10,700
Washington Elementary
School PTA
Washington Elementary
Mural Project $11,500
Tiara Amar /
Whippoorwill Arts
(Runner-Up)
Music aLIVE Concert &
Advocacy $12,500
Fred Franklin / Iron
Triangle NC (RunnerUp)Senior Circle of Love $12,500
The Latina Center
(Runner-Up) Con la V de Victoria! $12,500
Shiree Dyson / Sage &
Needles (Runner-Up) Fix-N-Mend Community Day $12,500
Award Total $160,000.00
On November 7, 2025, the RACC voted to recommend that City Council approve the nine selected finalists, including the four runners-up for NPA Mini Grant awards not to 567

Page 4 of 4 ends

December 16, 2025
exceed $160,000. Once under contract, the artists will have until December 31, 2026, to complete the awarded project.

City staff members recommend that City Council approve the nine finalists, including the four runners-up, selected by the RACC and grant authority to the City Manager or their designee to negotiate and execute contracts substantially in the form of the draft agreement attached hereto as is (Attachment 3).

DOCUMENTS ATTACHED:

Attachment 1 – RACC NPA Mini Grant RFP, Guideline and Application FY25-26 Attachment 2 – RACC NPA MG FY 2025-2026 Scoring Matrix, Council Recommendations, and nine Selected Project Summaries
Attachment 3 –City of Richmond Standard Contract -Type 5 Insurance, NPA MG(Draft) 568

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS, GUIDELINES, & APPLICATION
[Type here]

RICHMOND ARTS & CULTURE COMMISSION

NEIGHBORHOOD PUBLIC ART MINI-GRANT
FY 2025-2026
Request for Proposals (RFP)

GUIDELINES & APPLICATION
Award Range: $7,000 - $15,000
Application Deadline:

Sunday, October 17, 2025, at 11:59 p.m.

Awards Confirmed: December 2025
569

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS, GUIDELINES, & APPLICATION
[Type here]
Table of Contents
NEIGHBORHOOD PUBLIC ART (NPA) MINI-GRANTS ....................................................................................3 NPA MINI GRANT OBJECTIVES ..................................................................................................................4 LEARNING QUESTIONS:.............................................................................................................................4 ELIGIBILITY CRITERIA FOR APPLICANTS.........................................................................................................5 NPA MINI-GRANT APPLICANT WORKSHOPS.............................................................................................5 ELIGIBLE ART FORMS: ...............................................................................................................................6 ELIGIBILE APPLICANTS...............................................................................................................................6 Eligible:..................................................................................................................................................6 Ineligible:...............................................................................................................................................6 FISCAL SPONSOR.......................................................................................................................................7 USE OF FUNDS...........................................................................................................................................7 Eligible Uses: .........................................................................................................................................7 Ineligible Uses: ......................................................................................................................................7 GRANT TERMS & PAYMENT STRUCTURE......................................................................................................8 Mini-Grant Award Amounts:.................................................................................................................8 Funding Disbursement:.............................................................................................................................8 Project Timeline:.......................................................................................................................................8 FINAL REPORT ...............................................................................................................................................9 INSURANCE AND COMPLIANCE REQUIREMENTS .......................................................................................10 APPLICATION PROCESS & DEADLINES.........................................................................................................12 SELECTION PROCEESS .................................................................................................................................13 REVIEW OF WRITTEN PROPOSALS ..........................................................................................................13 Scoring System....................................................................................................................................13 ORAL PROPOSAL REVIEW (Semi-Finalists Only):.....................................................................................13 GRANT DURATION: .................................................................................................................................14 ADDITIONAL INFORMATION.......................................................................................................................15 APPLICATION INSTRUCTIONS & PROPOSAL SUBMISSION..........................................................................16 2025-26 Neighborhood Public Art Mini-Grant Application Form...............................................................17 Attachement 1, Drafted City of Richmond Contract……………………………………………………………………………….28 570

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
3 NEIGHBORHOOD PUBLIC ART (NPA)

MINI-GRANTS
The Richmond Arts & Culture Commission (RACC) is pleased to release the Neighborhood Public Art (NPA) Mini-Grants Fiscal Year 2025-2026 Request for Proposals (RFP). RACC annually administers the Neighborhood Public Art (NPA) Mini-Grant program to support grassroots arts projects throughout Richmond. The NPA Mini-Grants program seeks to empower local artists and cultural organizations, build community engagement, and enrich the city's neighborhoods through diverse, accessible, and innovative public art initiatives.

This RFP covers the need to stimulate art initiatives for eligible art form amongst Richmond entities as outlined in the 2021 Public Art Policies and Procedures, which was developed through an extensive community engagement process.

All applicants are strongly encouraged to read the 2021 Public Art Policies and Procedures, in addition to this RFP before starting the application process.

Grants awarded through this RFP process will be for a one(1) Year period to begin January 1, 2026, and concluded no later than December 31, 2026. 571

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
4 NPA MINI GRANT OBJECTIVES:
• Fund for art projects led by local artists, nonprofit organizations, and community members.
• Support for emerging artists in expanding their practice and mentoring others. • Provide opportunities for applicants to develop professional experience in meeting deadlines, managing budgets, and complying with contractual obligations. • Provided enrichment for the community by fostering artistic engagement and knowledge-sharing.

LEARNING QUESTIONS:

The following guiding questions were developed to inform and enhance the effectiveness of the NPA Mini-Grant program:
• What community-based arts initiatives have proven effective and successful in Richmond neighborhoods?
• What resources or support do Richmond residents and artists require to successfully implement impactful public art projects?
• Which neighborhoods and community groups are most underserved by current arts and cultural offerings?
• What specific needs exist among Richmond’s diverse communities to foster greater cultural participation and expression?
• How accessible are arts and cultural opportunities in Richmond, and where are gaps present?
• What barriers exist that limit participation or access to public art and cultural experiences in the community?
572

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
5 ELIGIBILITY CRITERIA FOR APPLICANTS

NPA MINI-GRANT APPLICANT WORKSHOPS
�� Mandatory: Mini Grant Applicant Workshop - Applicants who have not completed the Arts & Culture Mini Grant Applicant Workshop will not be eligible.

To provide general information and guidance to all potential applicants, RACC will hold two Mini Grant Applicant Workshop. All potential applicants are required to attend one of the two Mini Grant Applicant Workshops.
• Wednesday, September 17, 2025, from 11:00 a.m. to 12:30 p.m. • Wednesday, October 1, 2025, from 6:00 p.m. to 7:30 p.m. �� Opportunity to Submit Questions & General Technical Assistance by Email Request Technical Assistance (TA) and/or to submit general questions to Arts & Culture Division staff by e-mail ([email protected].) no later than Friday, October 3, at 5:00 p.m.
• Staff will answer questions about eligibility, funding parameters, and required information and documents for online submission.
• The assistance is not intended to provide professional advice on program design, feasibility, or other program development and implementation issues.

This Technical Assistance is provided by email only. Frequently Asked Questions and Answers will be publicly posted to the RACC webpage by 5:00 p.m. on October 8th, 2025. No phone or in-person technical assistance will be provided. The Arts & Culture Division staff will aim to provide a response to the TA Request within two (2) business days.
573

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
6 ELIGIBLE ART FORMS:
• Visual Arts: Graphic design, ceramics, crafts, sculpture, paintings (excluding murals applied on permanent structures, unless at the time of submission the applicant is either employed by or are themselves an actively licensed contractor with the correct classifications regulated by the Contractors State license Board(CSLB) to install the proposed conceptual design), interactive art, etc.
• Performing Arts: Spoken word, music, dance, theater, etc. • Literary Arts: Fiction, non-fiction, poetry, prose, short stories, etc.

ELIGIBILE APPLICANTS
��Mandatory: Mini Grant Applicant Workshop - Applicants who have not completed the Arts & Culture Mini Grant Applicant Workshop will not be eligible.

Applicants eligible to receive funding include Richmond residents, Richmond community groups and Richmond-based nonprofit organizations. Applicants may apply individually, as part of a collective, or with a nonprofit fiscal sponsor. An applicant that is a community-based organization must be tax-exempt under section 501(c)(3) of the Internal Revenue Code. Organizations without 501(c)(3) status must be partnered with an eligible fiscal sponsor.

Eligible:
�� Richmond residents, community groups, and 501(c)(3) nonprofit organizations �� Artists of all disciplines
�� Collaborative teams or partnerships
�� Nonprofit fiscal sponsors for individual artists or unincorporated groups Ineligible:
� For-profit corporate entities
� City of Richmond employees
� Relatives of RACC members or Richmond elected officials (to avoid conflicts of interest)
Location: Eligible entities must be based in Richmond or unincorporated North Richmond and propose projects directly benefiting Richmond residents. Projects must be publicly accessible and implemented within Richmond city limits.

Community Engagement: All applicants must clearly demonstrate how community input, engagement, and inclusivity are central to their project's design, development, and implementation.
574

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
7 FISCAL SPONSOR
Organizations (other than public agencies) that do not have 501(c)(3) status must apply using a fiscal sponsor. In this case, the fiscal sponsor is the applicant and, if a grant is awarded, it will be the organization that contracts with the City of Richmond and is legally liable for all aspects of the contract including program implementation, fiscal management, and communication with the City regarding subgrantee or fiscal partner activities.

The fiscal sponsor would be expected and authorized to oversee and manage all aspects of the contract including finances and to monitor and ensure implementation of program activities of contracted or collaborating agencies. An eligible public organization must apply on its own behalf and may not use a fiscal sponsor.

USE OF FUNDS
Eligible Uses
NPA Mini-Grant funds can be used for:
• Artist fees and materials
• Project-specific supplies and equipment rental
• Permit fees related directly to the public art project • Reasonable administrative expenses directly associated with the project (up to 25% of the grant)
Ineligible Uses
Funds may NOT be used for:
• General operating support or existing program funding • Projects occurring outside Richmond city limits
• Political, lobbying, or religious activities
• Fundraising events or commercial ventures
• Capital improvements/Studio Repairs unrelated directly to the creation of public art
575

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
8 GRANT TERMS & PAYMENT STRUCTURE
Mini-Grant Award Amounts: $7,000 - $15,000
The Grant will be distributed in two parts. The first half of the grant will be paid upon the execution of the contract for services. The second half of the grant will be paid upon successful completion of the funded project. All projects need to be completed no later than December 31, 2026.

Funding Disbursement:

1. First Payment (50%): The contract is fully executed, meaning the grant agreement has been completely signed.

2. Final Payment (50%): Upon project has been completed and Its FINAL REPORT has been submitted.

Project Timeline:
• Projects may begin as early as January 2026.
• All projects must be completed no later than December 31, 2026. 576

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
9 FINAL REPORT
A “FINAL REPORT” Template will be provided to selected grantees once the first(1st) NPA Mini-Grant invoice from the grantee has been approved for payment by City Staff. The Final Report is to be submitted with the final(2nd) invoice and will include the questions and the Project Measurable Results Chart listed below all to be answered in detail.

Program Project Description :
(Provide a brief description of the project/programs your organization is providing with NPA Grant funds.

Activities must be consistent with the Service Plan attached as Exhibit A to the Grant Services Agreement) Major Outcomes Narrative :

1. List each objective/outcome at it appears in your scope of work (See section 3. Outcomes attached as Exhibit A - Service Plan to the Grant Services Agreement). Please describe the outcome(s) of each objective and provide a short (2-3 sentences) explanation of the extent to which each was or was not met.

2. In your opinion, what is the most remarkable accomplishment or finding of your project? And why?

3. What lessons have you learned from participants, staff and/or the community during the course of the project?

4. If an exhibition is part of your project, where and when will the exhibit take place i.e. live or virtual?

5. If you plan to photograph/video record of people, did you include media release forms?

6. Did you include progress photos of the project?

7. What suggestions do you have to improve any part of the grant process? 577

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
10 INSURANCE AND COMPLIANCE REQUIREMENTS
All original insurance certificates and endorsements shall be received and approved by the City before work may begin. Grantees shall include all subcontractors as insured under their policies or shall provide those policies to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein.

Grantees agree to defend and indemnify the City of Richmond for any damage resulting from failure of either grantee or any subcontractor to take out or maintain the required insurance policies. 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.

Grantees must adhere to the City of Richmond’s insurance requirements as determined by the City of Richmond’s Risk Management Division. At a minimum the City of Richmond’s insurance requirements will include:
1) A Commercial General Liability policy with coverage limits of $2 million per occurrence and $4 million aggregate
a. All policy’s provided must prove in the policy’s endorsements that “the City of Richmond, its officers, officials, agents, employees and volunteers” are listed as in the policy as additionally insured “for all liabilities arising out of operations” or for “ongoing and completed operations”
b. Primary Noncontributory endorsement must be provided for all policies. 2) The General Liability policy and may be supported with an Umbrella/Excess Liability policy to meet coverage requirements
a. If an Umbrella/Excess liability policy is going to be included, it too must also be endorsement as outline in section (1a) and (1b).
 See Attachment 1 on pg. 27, Drafted City of Richmond Standard Contract for Exhibit F City of Richmond Insurance Requirements (pg. 44)
All submitted projects are unique and may require additional support and documentation, such as additional insurance coverages, Contractor State License Board (CSLB) certifications, and municipal approvals, that may be unconditionally required based on city, state, county, municipal and federal regulations and the proposed scope of services methodologies, strategies, tool and resources presented in the project’s application. 578

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
11 The City of Richmond’s Risk Management Division may evaluate each applicant’s proposal to assist in identifying city, state, county, municipal and federal regulations (such licenses, permits and permissions) as well as appropriate insurance requirements per candidate.

Applications lacking the essential details or the capacity to provide comprehensive essential details pertaining to production, fabrication, installation, and adherence to city, state, county, municipal and federal regulation will not be accepted. �� Important Compliance Note:
• Projects that involve engagement with children will require abuse & molestation/sexual misconduct coverage.
• Projects that produce contaminated liquids on city property or in publicly accessible spaces will require a Contractors Pollution Liability policy. • Projects whose scope of services requires a Contractors State License Board (CSLB) license for the proposed service(s) will only be considered if, at the time of application’s submission, the applicant who is to be awarded the NPA Mini-Grant contract is either a CSLB licensed contractor with required CSLB classification(s) or has provided a written agreement and documentation that clearly details a working partnership or subcontracting relationship with an entity holding an active CSLB license with classifications appropriate for the proposed scope of work. dynamics 579

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
12 APPLICATION PROCESS & DEADLINES
Action Date
RFP Released August 18, 2025,
Mandatory Mini-Grant Application Workshop
Join Zoom Meeting:
https://ci-richmond-ca-us.zoom.us/j/89108739136
Meeting ID: 891 0873 9136
– RSVP at NPA Mini-Grant Application Workshop
Wednesday, September 17, 2025
11:00 AM – 12:30PM
Mandatory Mini-Grant Application Workshop
(In-person Meeting)
Richmond Memorial Convention Center
403 Civic Center Plz, Richmond, CA 94804
– RSVP at NPA Mini-Grant Application Workshop
Wednesday, October 1, 20205
6:00PM – 7:30PM
Elective Scope Drafting Workshop
By appointment only via ZOOM MEETING September 22, 2025 – September 26 , 2025 Questions & General Technical Assistance
Due by E-mail October 3, 2025, 5:00 p.m.

Frequently Asked Questions Published October 6, 2025, 5:00 p.m.

Proposals Due
By Friday, October 17, 2025, 11:59 p.m.

An online receipt will be produced in the form
of an email upon submission. Proposals
submitted after the deadline will not be
considered for review.

Richmond’s Art & Culture Commission
Recommendation November 2025
City Council Approves for Funding December 2025
Grant Implementation January 2026 – December 31, 2026
580

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
13 SELECTION PROCEESS
All proposals submitted by the deadline will be reviewed for completeness and adherence to submission guidelines. Incomplete applications will not be evaluated. Eligible proposals will be reviewed and ranked by RACC Commissioners using the established review criteria.

REVIEW OF WRITTEN PROPOSALS
Each eligible proposal is awarded points from each Commissioner based on the following criteria:
• Clear and well-defined project description.
• Artist experience with art projects.
• Plans for a community outreach/engagement component.
• Fair and reasonable Project Budget.

Scoring System
Proposals are awarded 1 - 5 points for each criterion:
1 point = minimally qualified
3 points = moderately qualified
5 points = exceptionally qualified
All points are added together to make the maximum combined total point score of 21 ORAL PROPOSAL REVIEW (Semi-Finalists Only):

Depending on the number of eligible applications received and after the proposals have been evaluated by the Richmond Arts and Culture Commissioners and scored based on their written submissions, semi-finalists will be invited to make an in-person or virtual presentation to the RACC via a ZOOM Meeting.
• Applicants with high-ranking written proposals will be invited to schedule a 15- minute ZOOM presentation of their projects to NPA Mini-Grant scoring panelist via Zoom Wednesday, October 29, 2025, from 10am-12pm or 5pm-7pm. • The RACC reserves the right to determine which applicants will proceed to this stage as well as select finalists at its sole discretion, prior to the final grant awards. 581

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
14 GRANT DURATION:

Upon completion of its selection process for Fiscal Year 2025–2026 Neighborhood Public Art (NPA) Mini-Grant recipients, the Richmond Arts and Culture Commission (RACC) shall submit its formal recommendations to the Richmond City Council (RCC) for approval.

Following RCC’s approval of the artists recommended by RACC, the contract application process will begin. The city will initiate the execution of individual NPA Mini-Grant agreements with each approved artist.
• Grantees will be notified of award status by e-mail and requested to provide necessary documents for processing in accordance with City of Richmond procurement guidelines.
• Contracts will be prepared and executed in accordance with City of Richmond procurement guidelines.
• Each approved artist shall have sixty (60) calendar days from the date of City Council approval to submit all required documentation necessary to complete the City of Richmond’s procurement and contracting process. • Failure to submit the required materials within this timeframe will result in disqualification, a delay in grant disbursement will not be an alternative option. • Each awarded project will be assigned to a RACC Liaison to assist the awardee to ensure a successful project.
• Grant projects may not begin prior to a fully executed contract. Grant projects may begin as early as January 1, 2026, and must conclude no later than December 31, 2026.
• To receive the first payment, you must have a fully executed contract before you submit an invoice for ½ of the total award.
• To receive the final grant payment, you will be required to report back to the Richmond Arts & Culture Commission(RACC) with a written summary along with photos of the completed project.
582

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
15 ADDITIONAL INFORMATION
Please note that if your proposal is selected for a grant award, you will be required to comply with additional requests for required information and/or documents prior to receiving grant funding, including but not limited to:

1. A signed contract, including the agreed Scope of Service with a Purchase Order and Contract number.

2. Submission of a completed Federal Tax Form W9.

3. Submission of a completed Supplemental Vendor Questionnaire form.

4. Submission of a completed Disclosure Statement of Limited Liability Companies form.

5. Proof of Professional Service insurance.

6. Submission of an invoice from grantee to the City of Richmond for payment.

7. All awarded candidates will be assigned to a Richmond Arts and Culture Commissioner Liaison, who will be available to assist and support throughout the duration of a successful public art project.

8. Any artist who receives awarded funds but fails to provide documentation of completion of milestones “50% complete” and “100% complete”, will be asked to return the funds.

9. Any artist who receives awarded grant funds shall credit the City of Richmond, and the Richmond Arts and Culture Commission as a sponsor for their public art project in all documentation associated with the project (i.e. on social media posts, on the mural, 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.

10. Any project placed on private property will require a written permission letter on letterhead, upon approval of the project and prior to contract issuance. 583

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

REQUEST FOR PROPOSALS & GUIDELINES
16 APPLICATION INSTRUCTIONS & PROPOSAL SUBMISSION
To apply, complete the attached application form and submit it by October 17, 2025 (11:59 PM, PST) late or incomplete applications will not be considered. �� Application & Submission Portal
Applications must be submitted via the official
NPA Mini-Grant Application Portal at:
https://cirichmondcaeconomicdevelopment.app.transform.civicplus.com/forms/56574 �� Questions?
Contact [email protected] for inquiries
584

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

APPLICATION
[Type here]
2025-26 Neighborhood Public Art Mini-Grant
Application Form
��Attended Mandatory NPA Mini-Grant Application Workshop: ___/____/2025 at ZOOM/In-Person Important Dates:

Call for Proposals Distributed: August 18, 2025
Application Deadline: October 17, 2025, at 11:59 p.m.

Grant Period: January 2026 – December 31, 2026
Please completely fill out the application.

1. Proposed Project
Name of Project: ______________________________________________________________ Project Location: ______________________________________________________________ Name of Project Manager/Primary Contact: __________________________________ Phone Number: ____________________ Email: ___________________________________ Address: ______________________________________________________________________

2. Applicant Information
*** If applicable provide the project’s Fiscal Agent’s Information. *** 501(c)(3) Fiscal Agent: ______________________________________________________ EIN Number: ___________________________
Name of Fiscal Agent Primary Contact): ____________________________________ Phone Number: ____________________ Email: _________________________________ Address: ____________________________________________________________________ Name of Applicant (person/organization):____________________________________________ Address: _________________________________________________________________________________ Phone Number: ____________________ Email : ____________________________________________ 585

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

APPLICATION
18 3. Eligibility

1. Is the applicant at least 18 years old?
Yes  No 

2. When did the applicant attend the mandatory NPA MG Application workshop? Date: _______________________ Confirmation Code ________________

3. Is the applicant a resident of and/or have an art studio in Richmond? Yes  No 

4. Has the applicant applied for or been awarded a Richmond NPA Mini Grant before? Yes  No 
If Yes:

What year(s)? __________
How many times have the applicant received an NPA grant? _______ How much was/were the grant(s)? __________
Describe the applicant’s past project in 100 words or less:
586

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

APPLICATION
19 3. Application Requirements:

The required documents are to be typed and provided in PDF Format with the submission of this Completed application.

1.  Mandatory attendance at Mini Grant Application Workshop on ______(date)___

2.  A completed and signed application form.

3.  Resume/Bio.

4.  Projected Expenses/Budget.

5.  References

6.  Optional: Images of prior work, if available.

7.  Optional: Supporting materials such as articles, artist statements, postcards, etc.

Additional Participants (list name, address, phone number, and email for each person):

Name:

Email:

Phone Number:

Address:

Name:

Email:

Phone Number:

Address:

Artistic Discipline:
(Check all that apply to the project)
Visual Arts Literary Arts Performing Arts Dance Music
Craft Media Arts Environmental Mixed Media
Other:____________________
Describe your project (300 words or less)
Describe your art experience and background (300 words or less) 587

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

APPLICATION
20 What are your top 3 goals for your project? (300 words or less) 1)
2)
3)
Who is the target audience and/or community for your project? (300 words or less) What community engagement activities are included in the project? (300 words or less) List 3 measurable outcomes from your project (300 words or less):
1)
2)
3)
What is the start and end date of the proposed project? Start date: ____________________End date: ____________________ Estimated number of people impacted by this project: _______________________________________ How much is your grant request? $7,000-$15,000 $_____________ (Must include insurance coverage.)

588

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

APPLICATION
21 4. Resume or Bio
Attach a resume or bio. The bio can be 1-2 paragraphs describing your background.
589

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

APPLICATION
22 5. Projected Expenses/Budget:

Categories Expenses

1. Project Leader (name):

No more than 25% of the total budget can be allotted to the Project Manager. ● On-site time = Hours x Cost per hour
● Prep time= 1 hr. prep time for every 2 hrs. project time ● Meetings = # of hours per meeting x # of meetings

2. Assistant Coordinator (name, if applicable)
● # of hours dedicated to this project
● Cost of Assistant Coordinator per hour x # of hours

3. Describe supplies for the entire project.
● Paints, lumber, plywood, brushes, clay, tiles, other

4. Describe/list any other project expenses:

Equipment cannot be more than 25% of the Budget. Applicants may be asked to consider alternatives for the top two equipment expenses and provide viable alternatives.

5. Transportation costs (if applicable)

Sub-total
Notes: May also include estimates for Business License and Insurance

PROJECT COSTS
TOTAL
590

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

APPLICATION
23 6. References
List three references with name, relationship, email, phone number, and address:

Name:

Relationship:

Email:

Phone Number:

Address:

Name:

Relationship:

Email:

Phone Number:

Address:
591

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

APPLICATION
24 7. (Optional) Project Work Sample
Submit 1-5 images no larger than 10 MB each with corresponding lists indicating title, size, location, and year if applicable or submit them collectively in 1 PDF document attached to the completed application.

Image List:
592

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

APPLICATION
25 8. Optional:

Attach additional supporting materials in a PDF format, such as articles, artist statements, postcards, etc. (limit to three)
Do not send original pieces of artwork. They will not be returned. 593

RICHMOND ARTS & CULTURE COMMISSION
NEIGHBORHOOD PUBLIC ART MINI-GRANT FY25-26

APPLICATION
26 SUBMIT APPLICATION PACKET
(Completed application & accompanying PDF documents) TO:
 Email: [email protected]
Attention: City of Richmond Arts & Culture Manager, Winifred Day All applications must be received no later than 11:59 p.m. on October 17th, 2025.

Application Completed and submitted by:

Print Name:_________________________________________________________________________________ Phone: ____________________________ Email: __________________________________________________ Signature:_____________________________________________________________ Date: _______________ Office use only:

Received by___________________________ Date: ___________________________________________ 594
Applicant Name Project Title Requested
Funding
Recommended
Funding Type of Art Total RACC Score
MacArthur MAZE "Pride & Purpose!" Album $14,650 Music Production 62 Joyce Brenner SunJams Productions The Annex Sessions (ft. Richmond Artist) $9,798 Music Performance Series 71 Ron Calime Nelson Mandela International Day Celebration $10,450 Celebration and Honoring 80 Mario Bobino Media Arts Institute Mental Health $8,720 Short Film on Mental Health 84 Darrin Westmore Art at Vibe Richmond in Color $13,180 Visual Arts Workshop & Exhibition Series 92 Tiara Amar, Whippoorwill Arts Whippoorwill Arts - 2026 Music aLIVE Concert and Advocacy for Richmond Musicians and Residents $15,000 $12,500 Music Performance Series 82 Richmond Art Center Bold, Brash, & Boundless: Lighting Elderhood $15,000 Art Exhibition 88 John Boychuk Miraflores Rising Roses $15,000 $15,000 Sculpture 90 Cobiz CoBiz Art walk $5,000 Art Exhibit 93
Shiree Dyson/Sage & Needles Fix-N-Mend Community Day $14,408 $12,500 Refurbished Fashion Art 89 Shahrzad Dance Daastan: From Story to Body $9,400 $9,400 Dance Performance 89 Fred Franklin, Iron Triangle Neighborhood Council Richmond friends of Recreation Senior Circle of Love $10,181 $12,500 Senior Arts Crafting Workshop 90 Shawnie Bennett, Melanin Unlimited I AM / ACTwOKE $15,000 $15,000 Arts & Performance Showcase 96 Cindy Serrano Empowering Youth Through Music Cindys Creative corner $8,500 $8,500 Fashion and Youth Empowerment 90 The Latina Center Con la V de Victoria! $15,000 $12,500 Cultural Arts Gallery & Workshop Series 93 Mark Anthony James, EYTM Empowering Youth Through Music $15,000 $10,000 Music Education 95 Stephen Bruce Skidmore Project $15,000 $10,700 Children's Art Education & Workshop 95 Jayson Johnson, Strike Five Films, LLC Independent Arts & Media What's Reel About Richmond Workshops $15,000 $15,000 Series of Short Films regarding Richmond 97 Chef Marshawn Howard Art at Vibe Community Culinary Project $14,990 $14,900 Culinary Workshops Series 97 Matt Dostal NIAD Art Center We Are Creating Our Own Histories: Mural $15,000 Mural 98 Washington Elementary School PTA Washington Elementary Mural Project $13,000 $11,500 Mural 99 $267,277
RACC Recommended NPA MG Projects:

Total Grant Funding Requested --> $120,890 $110,000 <--RACC Recommended NPA MG Projects:Based on Total Funding Budgeted Total Grant Funding Requested by
Runner Up NPA MG Projects --> $54,589 $50,000
<--Total Additional Grant Funding Recommended by
RACC for Runner Up NPA MG Projects:

RACC Recommended NPA MG Projects & Runner Ups:

Total Grant Funding Requested --> $175,479 $160,000 <-- RACC Recommended NPA MG Projects & Runner Ups: Total Grant Funding Recommended Option A:

Option B:

Option C:

RACC recommends awarding grant funds totaling $110,000 to 9 NPA Mini-Grant Projects , and designating 4 Runner-Up Projects as alternates.
*Runner-Up Projects shall be approved to substitute in place of any recommended project that fails to meet the City of Richmond’s contracting or compliance requirements necessary to receive a fully executed contract.

RACC recommends increasing the FY 2025–2026 NPA Mini-Grant Budget by an additional $50,000, for a revised total of $160,000, in order to award 9 Finalist Projects and 4 Runner-Up NPA Mini-Grant Projects recommended by the Richmond Arts & Culture Commission.

FY 2025-2026 NPA Mini-Grant Application Scoring Matrix:

Total Grant Funding Requested from all 21 Applications -> RACC recommends increasing the FY 2025–2026 NPA Mini-Grant Budget by an additional $65,479, for a revised total of $175,479, in order to award
13 NPA Mini-Grant Projects recommended by the Richmond Arts & Culture Commission. 595
1) Empowering Youth Through Music
Applicant: Empowering Youth Through Music (EYTM)
Primary Contact: Mark Anthony James
Location: 2200 Macdonald Ave, Richmond, CA
�Narrative Summary
Empowering Youth Through Music provides beginner-level instruction in drums, piano, guitar, DJing, recording engineering, and vocal performance for Richmond youth ages 10–

15. The program focuses on confidence-building, sequencing, memory, motor skills, and emotional growth, particularly supporting youth with learning challenges. At the conclusion of the program, each student receives an instrument of their choice to continue learning beyond the classroom. The program culminates in youth-led performances showcasing progress to families and community.
�Community Engagement
• Hands-on classes led by professional musicians & engineers • Live community performance open to families
• Continued mentorship after program completion
�Measurable Goals

1. Serve 12–15 Richmond youth ages 10–15

2. Each student completes at least one music piece and performs live

3. 100% of participants receive a personal instrument to keep ��Deliverables
• 10–12 weeks of music classes
• Final community performance
• Instruments awarded to all students
• Audio recordings documenting youth work
596
2) Daastan: From Story to Body
Applicant: Shahrzad Khorsandi
Location: Central Stage (Richmond)
�Narrative Summary
Daastan collects oral histories from Iranian immigrants in Richmond and transforms them into bilingual (Farsi/English) spoken-word performance layered with dance and live music.

The project challenges traditional Iranian expectations that dance follows music by treating movement as the lead storytelling form. The final performance highlights shared experiences of identity, resilience, and cultural survival. �Community Engagement
• Oral history interviews with Iranian immigrants
• Bilingual public performance at Central Stage
• Facilitated post-show discussion on culture, migration, resilience �Measurable Goals

1. Collect and translate stories from 10 Iranian immigrants

2. Public audience of 65+

3. Post-show surveys show increased understanding of immigrant experience ��Deliverables
• 1 final public performance
• Oral history collection documentation
• Bilingual staging (Farsi/English)
• Facilitated community Q&A
597
3) The Skidmore Project
Applicant: Stephen Bruce
Location: Richmond K–12 schools
�Narrative Summary
The Skidmore Project is a STEAM-based workshop that teaches students the “science of art and the art of science” by using oxidation and household acids to create art on copper plates. Students design the composition, treat copper with acids (pickle juice, orange juice, tomato juice, etc.), and analyze the chemical reactions that change color. Participants keep their artwork.
�Community Engagement
• Delivered directly in Richmond schools
• Students participate in hands-on science experiments
• Classroom discussions on chemistry, creativity, and process �Measurable Goals

1. Host workshops at multiple Richmond schools

2. Serve 150+ students over one school year

3. Each student completes a finished copper art piece
��Deliverables
• Copper artwork pieces for each student
• In-class presentations and science discussions
• Teacher resource packet
598
4) What’s Reel About Richmond
Applicant: Jayson Johnson, Strike Five Films
Location: Vibe Bistro, 1503 Macdonald Ave., Richmond
�Narrative Summary
A filmmaking and storytelling workshop providing 20 full scholarships to Richmond residents (BIPOC, queer, underserved). Students learn scriptwriting, filming, editing, directing, and sound recording, and produce 5–10 short films about Richmond history and culture. Final films premiere at Vibe Bistro for 100–200 attendees. �Community Engagement
• 6 in-person workshops
• 6 Zoom check-ins
• Public film screening
• Free Director’s Book and filmmaking resources
�Measurable Goals

1. Train 20 Richmond residents in filmmaking

2. Produce 5–10 completed short films

3. Public showcase with 100–200 attendees
��Deliverables
• Short film collection uploaded online
• Community screening
• Filmmaker resource kits
599
5) Cindy’s Creative Corner
Applicant: Cindy Serrano
Location: 2200 Macdonald Ave., Richmond
�Narrative Summary
A weekly arts workshop for girls ages 8–13 focusing on custom apparel, design, color theory, branding, and entrepreneurial skills. Students design shirts, hats, and tote bags while learning business basics like pricing and marketing. �Community Engagement
• Showcase or pop-up event for families
• Collaboration with community mentors
• Peer-collaboration and team projects
�Measurable Goals

1. Serve 10–15 girls

2. Each student produces multiple finished wearable-art items

3. End-of-program showcase with pricing boards and branding displays ��Deliverables
• Apparel pieces
• Youth showcase event
• Introductory entrepreneurship lesson
600
6) Washington Elementary Mural Project
Applicant: Washington Elementary PTA
Location: Washington Elementary, Point Richmond
�Narrative Summary
The PTA will produce a student- and community-informed mural on polytab or aluminum composite panels, installed at the school entrance. Led by a professional muralist, students participate in color education sessions, design choices, and painting. The mural improves school pride and adds a landmark for the neighborhood. �Community Engagement
• Student engagement workshops
• Community focus group on color/theme
• Community painting day
• Public unveiling
�Measurable Goals

1. Participation of 75+ students and families

2. Mural installed on exterior wall facing Richmond Ave

3. Community unveiling event
��Deliverables
• Permanent mural installation
• Engagement sessions & painting day
• Installation & celebration event
601
7) Miraflores Rising Roses
Applicant: John Boychuk / Richmond Rotary
Location: Miraflores Park Plaza
�Narrative Summary
A 20-foot steel and ceramic sculpture honoring the Japanese-American nursery history of the Miraflores neighborhood. Sculpture includes welded trunk, steel leaves, four ceramic rose blossoms, and a community-made tile base. Designed as a permanent landmark viewable from the Bay Trail and senior housing.
�Community Engagement
• Tile-making workshops with seniors and youth
• Rotary volunteer build/installation days
• Public dedication ceremony
�Measurable Goals

1. Engage 60+ residents in tile workshops

2. Install 20-ft public sculpture meeting all City standards

3. Dedication event with public attendance
��Deliverables
• Permanent sculpture
• Ceramic tile community installation
• Dedication ceremony
602
8) Community Culinary Project
Applicant: Chef Marshawn Howard
Location: Vibe Bistro / Art at Vibe
�Narrative Summary
Six culinary art workshops teaching seasonal cooking, plating, cultural storytelling, and professional kitchen skills. Participants earn SafeServe Food Handler certification and document dishes as photography + written reflections. The program ends with a Community Harvest Exhibition and public meal.
�Community Engagement
• Partnerships with Bay Area Rescue Mission, local farms • Public tasting/exhibition
• Meals for community members
�Measurable Goals

1. 6 culinary art workshops

2. 12–20 trained participants receiving certification

3. Public community meal & exhibition
��Deliverables
• Food Handler certifications
• Photographed culinary “art” gallery
• Public harvest event
603
9) I AM / ACTwOKe — Melanin Unlimited
Applicant: Shawnie Bennett / Melanin Unlimited
Location: Richmond, CA
�Narrative Summary
The I AM / ACTwOKe Project is a performing-arts and wellness initiative designed to support emotional healing, cultural pride, and creative confidence among Richmond youth, women, and families. Led by Melanin Unlimited in partnership with Brain Unchained, the project offers workshops that combine acting, dance, music, journaling, and visual arts with emotional intelligence skill-building.

Participants create original performances and art reflecting themes of identity, resilience, and storytelling. The program concludes with a public Community Art & Performance Showcase, celebrating personal expression and collective healing through the arts. �Community Engagement
• Workshops hosted in community spaces, schools, churches, and arts venues • Pop-up sessions to reach underserved neighborhoods
• Bilingual, culturally responsive activities for African American, Latinx, and multicultural communities
• Final public showcase featuring participant artwork, monologues, poetry, and performance pieces
�Measurable Goals

1. Serve 100–200 Richmond participants

2. Produce 50+ original artworks and performances

3. Build ongoing partnerships with Richmond youth programs, schools, and community organizations
��Deliverables
• A full series of acting, arts, and wellness workshops (Jan–Dec 2026) • A public Community Art & Performance Showcase
• Collaborative art exhibit and mural board: “I AM wOKe: My Voice Matters” • Increased community access to arts-based wellness, confidence-building, and emotional intelligence
604

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

DRAFT
605

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

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

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

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

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

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________ I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
DRAFT
606
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

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

DRAFT
607
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request. c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

DRAFT
608
NPA Mini-Grant Payment Schedule
1) Upon execution of the contract, the contractor shall receive an initial payment equivalent to 50% of the total awarded funds.
2) The final payment, representing the remaining balance of the awarded funds, shall be disbursed upon the Project's completion and submission of a "Final Report" to the Project Manager, Winifred Day, of the City of Richmond's Economic Development Department, Art & Culture Division.

DRAFT
609
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Attn:

Email: ________________________________________________ DRAFT
610
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, DRAFT
611
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City. b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

DRAFT
612
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.

The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under DRAFT
613
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for DRAFT
614
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable DRAFT
615
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,

DRAFT
616
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. CONFLICTING PROVISIONS:

In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

18. FORCE MAJEURE:

Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of DRAFT
617
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

21. INTERPRETATION:

This Contract shall be interpreted as if drafted by both parties.

22. WARRANTY:

If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

23. SEVERABILITY:

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, DRAFT
618
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

DRAFT
619
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

DRAFT
620
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.

Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.

Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
DRAFT
621
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
DRAFT
622
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or 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, 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)

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 (for CONTRACTOR’s with employees);

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

6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.

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 Self-Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

DRAFT
623
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is
used.)
$1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

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

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

SAMPLE ENDORSEMENT 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.

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.

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 selfinsured retention for each loss.

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.

DRAFT
624
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

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

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

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

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

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

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.

DRAFT
625
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

DRAFT
626

Page 1 of 3 ends

December 16, 2025
Economic Development
DATE: December 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nannette Beacham, Director of Economic Development Jordon Nesbitt, Administrative Assistant
Subject: Contract Amendments with East Bay Center for the Performing Arts, Nurturing Independence through Artistic Development, and Richmond Art Center for Annual Arts
Allocation
FINANCIAL IMPACT: The proposed net increase of $100,000 per organization ($300,000 across all three) for the contract period
Funding is included within the approved fiscal year 2025- 2026 Economic Development Department’s Arts &
Culture Division’s General Fund budget (Account String:
01364065 – 400201).

PREVIOUS COUNCIL
ACTION:

October 22, 2024

STATEMENT OF THE
ISSUE:

On October 22, 2024, the City Council approved threeyear funding agreements with East Bay Center for the Performing Arts (EBCPA), Nurturing Independence
Through Artistic Development (NIAD), and Richmond Art
Center (RAC), allocating $150,000 annually to each
organization ($450,000 total per organization over three years). On June 24, 2025, Richmond City Council
approved the Arts and Culture Division budget which
included annual funding for the three art organizations at $200,000 each. City staff seeks to amend the
agreements to increase annual allocations from $150,000 to $200,000 for each of the remaining two-year terms of the contracts, for a total amount not to exceed $550,000 AGENDA
REPORT
627

Page 2 of 3 ends

December 16, 2025
per contract. This adjustment reflects the rising costs of delivering arts services, ensures sustainability of critical programming, and aligns City investment with the
organizations’ demonstrated impact.

RECOMMENDED ACTION: APPROVE amendments to the Annual Arts Organization Allocation Agreement with following organizations: (1)
APPROVE the first amendment with East Bay Center for
the Performing Arts (EBCPA) to increase the annual
allocation from $150,000 to $200,000 for each of the
remaining two fiscal years through June 30, 2027, and to increase the total not-to-exceed contract amount from
$450,000 to $550,000; (2) APPROVE the second
amendment with Nurturing Independence through Artistic
Development (NIAD) to increase the annual allocation
from $150,000 to $200,000 for each of the remaining two fiscal years through June 30, 2027, and to increase the total not-to-exceed contract amount from $450,000 to
$550,000; and (3) APPROVE the first amendment with
the Richmond Art Center (RAC) to increase the annual
allocation from $150,000 to $200,000 for each of the
remaining two fiscal years through June 30, 2027, and to increase the total not-to-exceed contract amount from
$450,000 to $550,000 – Economic Development
Department/Arts & Culture (Nannette Beacham 510-215-
4600/Jordon Nesbitt 510-620-6787).

DISCUSSION:

On October 22, 2024, City Council approved three-year funding agreements with East Bay Center for the Performing Arts (EBCPA), Nurturing Independence Through Artistic Development (NIAD), and Richmond Art Center (RAC) allocating $150,000 annually to each organization with a total not to exceed amount of $450,000 per organization over the three-year term.

Subsequently, during the June 24, 2025, adoption of the Fiscal Year (FY) 2025–2026 budget, City Council approved an increase to the annual allocation amount by $50,000, for a new total annual allocation amount of $200,000 to each of the organizations for the purposes of sustaining critical programming and addressing rising operational costs.

The amendments proposed herein align the existing contracts with the FY 2025–2026 budget and formalize the new annual allocation amounts of an additional $50,000 for each of the remaining two-years within each contract, resulting in an increase to each contract’s not to exceed amount by $100,000 for a new total not to exceed amount of $550,000 per contract.
628

Page 3 of 3 ends

December 16, 2025
The City’s three primary arts organizations, EBCPA, NIAD, RAC, serve as cultural anchors providing educational programs, exhibitions, community events, and workforce development opportunities for youth and families. These institutions:
 Serve thousands of Richmond residents annually through accessible arts programming.
 Provide economic multipliers by drawing audiences to Downtown, Macdonald Avenue, and Civic Center corridors.
 Leverage City investment with grants, donations, and earned income, multiplying the impact of public funds.

Since City Council’s approval in October 2024, each organization has reported increased demand for services, expanded programming, and growing operational costs.

City staff recommend increasing the annual allocation to strengthen their ability to sustain and scale programs in Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – EBCPA Executed Contract
Attachment 2 – EBCPA Drafted Amendment No.1
Attachment 3 – NIAD Executed Contract
Attachment 4 – NIAD Executed Amendment No. 1
Attachment 5 – NIAD Drafted Amendment No. 2
Attachment 6 – RAC Executed Contract
Attachment 7 – RAC Drafted Amendment No. 1
629

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

Economic Development, Arts & Culture Winifred Day [email protected] (510) 620-6952 1452 Annual Funding Allocation to Support Arts & Cultural Programs in Richmond, CA East Bay Center for the Performing Arts (EBCPA) 339 11th Street Richmond, CA 94801 Ruthie Dineen, Executive Director (510) 323-2499 [email protected] 40006095 July 1, 2024 June 30, 2027 450,000.00 2024-25 150,000.00 2025-26 150,000.00 2026-27 150,000.00 Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
630

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

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

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

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

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

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

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
East Bay Center for the Performing Arts (EBCPA)
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 10/28/2024
Controller
10/25/2024
Vice President
11/5/2024
Mayor
631
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

East Bay Center for the Performing Arts (EBCPA
See attached Service Plan
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
632
EXHIBIT A: SERVICE PLAN
The City of Richmond will provide funding to the East Bay Center for the Performing Arts (EBCPA) to support its core programs in arts education and performance. The Center’s 56-year-old program focuses on training and performance in diverse artistic disciplines, including blues, jazz, classical European chamber music, ballet, vocal music, contemporary dance, classical West African music and dance, traditional Mexican music (son), Mien music and dance, and theater arts. The City's funding will be instrumental in sustaining these programs and leveraging additional support from other sources. The following outlines the specific programs and services that will be funded under this agreement.

1. Main Site Instructional Program
The Main Site Instructional Program offers both private and group lessons to 350 - 400 students annually, with an estimated 85% of students residing in Richmond, many from the Iron Triangle neighborhood. Instruction is provided in a wide range of disciplines, including instrumental music, dance, and theater arts. The City’s funding will help maintain access to these classes for Richmond’s youth and foster the development of their artistic talents.

2. Main Stage/Recital Season
EBCPA will produce 20 - 25 events each year at its Winters Building location (339 – 11th Street, Richmond). These events, which attract audiences predominantly from Richmond, the Iron Triangle, West County, and the East Bay, will include private lesson recitals, group class recitals, and the Young Artists Repertory Series.

Additionally, annual presentations by EBCPA resident companies and students will continue. City funding will support the production of these performances and ensure they remain accessible to the community.

3. Young Artist Diploma Program
The Young Artist Diploma Program is a six-year, creative training program for students who aspire to develop their skills in the performing arts. Enrollment in the program ranges from 100 to 135 students, with approximately 85% of participants being Richmond residents, many from the Iron Triangle. The City’s financial contribution will help provide comprehensive training, mentorship, and performance opportunities for these young artists, furthering their personal and artistic growth.

4. Community Performance Facility Access
As part of the agreement, EBCPA will make its performance facilities available free of charge for two community-based performances during the term of the contract.

Priority will be given to Neighborhood Public Art (NPA) grantees, with remaining slots available to other community-based organizations. This waiver of short-term facility rental fees is subject to the following conditions:
● Events must not interfere with pre-scheduled EBCPA programming. ● Any out-of-pocket expenses, such as janitorial services, technical labor, house crews, or security, must be covered by the using entity.

Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 633
● Performance dates must be scheduled at least four weeks in advance. ● Each performance date includes up to four hours of rehearsal and technical run-throughs, scheduled by the Center.
● All facility policies, as outlined in the Facility Use Policies, must be adhered to.

5. Reporting and Accountability
EBCPA will provide an annual report in July 2025, 2026, and 2027 to the City’s Arts and Culture Manager. The report will outline how the $150,000 per year was spent and highlight specific ways in which the funding contributed to the success of EBCPA’s programs and its overall mission. This will include details of the impact of City funding on program delivery, student engagement, and community involvement.

Performance Metrics
● Number of students served: Maintain enrollment of 300 students in the Main Site Instructional Program and 100-135 students in the Young Artist Diploma Program.
● Number of performances: Continue producing 20-25 self-produced events annually at the Winters Building.
● Community use of facilities: Provide access to the Center's performance spaces for two community-based events each year.

Duration of Agreement
This contract will be in effect for three years, from July 1, 2024, through June 30, 2027, subject to City budget approval on an annual basis. The total funding provided by the City of Richmond shall not exceed $450,000 across the three-year term.

Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 634
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

East Bay Center for the Performing Arts (EBCPA
Winifred Day Winifred Day
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
635
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Attn:

Email: ________________________________________________ East Bay Center for the Performing Arts (EBCPA
Winifred Day [email protected] East Bay Center for the Performing Arts (EBCPA) 339 11th Street Richmond, CA 94801 [email protected] Executive Director Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
636
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, East Bay Center for the Performing Arts (EBCPA
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
637
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

East Bay Center for the Performing Arts (EBCPA
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
638
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under East Bay Center for the Performing Arts (EBCPA
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
639
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for East Bay Center for the Performing Arts (EBCPA
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
640
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable East Bay Center for the Performing Arts (EBCPA
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
641
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

East Bay Center for the Performing Arts (EBCPA
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
642
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

17. CONFLICTING PROVISIONS:

18. FORCE MAJEURE:

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of East Bay Center for the Performing Arts (EBCPA
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
643
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

21. INTERPRETATION:

This Contract shall be interpreted as if drafted by both parties.

22. WARRANTY:

23. SEVERABILITY:

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, East Bay Center for the Performing Arts (EBCPA
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
644
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

26. COUNTERPARTS:

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

East Bay Center for the Performing Arts (EBCPA
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
645
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

East Bay Center for the Performing Arts (EBCPA)
NONE
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
646
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
East Bay Center for the Performing Arts (EBCPA)
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
647
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
East Bay Center for the Performing Arts (EBCPA)
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 7212
648
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 649
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

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

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

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

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

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

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

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

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

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

Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 650
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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.

Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 651
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT G

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

Printed Name: Title:

Signed: Date:

Business Entity:

East Bay Center for the Performing Arts (EBCPA)
Docusign Envelope ID: 48EB518B-6132-4169-B909-70FCFEEBA034 Executive Director
7212
Ruthie Dineen
10/30/2024
652
DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, a public body corporate and politic, and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

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

2. Purpose. This Contract Amendment is being entered into to amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City Manager Execution Date: ____________________________ Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan
Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

Economic Development, Arts & Culture Nannette Beacham [email protected] (510) 620-6952 1452 7212 Annual Arts Organization funding to support arts and cultural programs in Richmond 1 East Bay Center for the Performing Arts ( EBCPA) 339 11th Street Richmond, CA 94801 Ruthie Dineen, Executive Director (510) 620-2499 [email protected] 40006095 October 22, 2024 July 1, 2024 June 30, 2027 $550,000 653
DocID #34720v1 Modified January 14, 2025

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

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

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

7. Authority; Counterparts; Signatures. Each of the signatories hereto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CITY OF RICHMOND,
a municipal corporation
By: ________________________________
Title: ______________________________
Date Signed: ________________________
I hereby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: _______________________________
City Clerk
Approved as to form:

By: _______________________________
City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
East Bay Center for the Performing Arts ( EBCPA)
654
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■ 100,000.00 550,000.00
655

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

Economic Development, Arts & Culture Winifred Day [email protected] (510) 620-6952 612 7209 Annual Funding Allocation to Support Arts & Cultural Programs in Richmond, CA Nurturing Independence through Artistic Development (NIAD) 551 23rd Street Richmond, CA 94804 Amanda Eicher, Executive Director (510) 620-0290 [email protected] 40006094 July 1, 2024 June 30, 2027 450,000.00 2024-25 150,000.00 2025-26 150,000.00 2026-27 150,000.00 Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 656

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

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

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

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

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

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

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
Nurturing Independence through Artistic Development (NIA Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 10/23/2024
Board Treasurer
Chair NIAD Board of Directors
10/25/2024 10/23/2024
Mayor
657
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

Nurturing Independence through Artistic Develop
7209
Refer to attached service plan.

Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 658
EXHIBIT A: SERVICE PLAN
The City of Richmond will provide funding to Nurturing Art through Artistic Development (NIAD) in the amount of $150,000 per year, over a three-year period, for a total not to exceed $450,000. These funds will support the continuation and enhancement of programs and services for intellectually, developmentally, and physically disabled artists/clients, as well as further the visibility and financial independence of NIAD artists.

The following is a detailed breakdown of the programs and services that will be supported through this agreement.

1. Ombudsman Program
NIAD will continue its ombudsman program, which supports the needs of disabled artists by providing advocacy and assistance. The program ensures that artists participating in the NIAD’s programs have access to a professional, safe, and supportive environment where they can thrive. Artists, who are primarily low-income and unable to work full- or part-time, benefit from income earned through the sale of their artwork, facilitated by NIAD's programs.

2. Daytime Art Program
NIAD will maintain its daytime art program, which runs Monday through Friday. This program enables studio artists to develop skills in various forms of artistic expression, including painting, ceramics, weaving, printmaking, drawing, quilting, and jewelry-making. Artists will continue to work with professional facilitators in a studio environment, learning techniques that help them create high-quality, marketable fine art.

3. Virtual Studio Program
NIAD’s Virtual Studio program will provide opportunities for artists to explore digital and performance media, including sound recording, digital animation, fashion construction, and creative writing. Additionally, artists will continue to engage in traditional art forms such as drawing, painting, and sculpture. The program will also incorporate advisory committees, where artists will have the opportunity to provide input on equity and the strategic direction of the organization.

4. Art Sales and Financial Independence
Through various channels, including exhibitions, online sales, gallery representation, and partnerships with museums, NIAD will facilitate the sale of artwork created by studio artists. The City’s funding, particularly through the ombudsman program, will help sustain these efforts. Artists will earn a 50% commission on all sales, and the funds provided by the City will help NIAD increase financial opportunities for its artists. Historically, over 90% of NIAD artists have earned income through these sales, with consistent year-over-year growth.

5. Mayor’s Office Art Loan
As part of the agreement, NIAD will loan artwork to the City of Richmond for display outside the Mayor’s office. The Mayor’s Chief of Staff and the City's Arts and Culture Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 659
Manager will select the artwork, which will be installed by NIAD staff. The artwork will be available for sale, and the pieces on display will be rotated periodically to feature new works by NIAD artists.

6. Reporting and Accountability
NIAD will provide an annual report in July 2025, 2026, and 2027 to the City’s Arts and Culture Manager. The report will outline how the $150,000 per year was spent and highlight specific ways in which the funding contributed to the success of NIAD's programs and its overall mission. This will include details on the artists’ achievements, program growth, and financial impact on the participating artists.

Performance Metrics
• Minimum number of artists supported: Maintain participation of artists in both studio and virtual programs.
• Increase in art sales: Continue to grow the number of artists earning income from art sales.
• Annual reporting: Submit comprehensive reports detailing the impact of City funding on programs and artists.

Duration of Agreement
This contract will be in effect for three years, from July 1, 2024, through June 30, 2027, with funding subject to City budget approval on an annual basis.

Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 660
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
7209 Nurturing Independence through Artistic Develop
Winifred Day Winifred Day
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 661
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Attn:

Email: ________________________________________________ 7209 Nurturing Independence through Artistic Develop
Winifred Day [email protected] Nurturing Independence through Artistic Development (NIAD) 551 23rd Street Richmond, CA 94804 [email protected] Executive Director Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 662
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, 7209 Nurturing Independence through Artistic Develop
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 663
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.
7209 Nurturing Independence through Artistic Develop
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 664
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under 7209 Nurturing Independence through Artistic Develop
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 665
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for 7209 Nurturing Independence through Artistic Develop
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 666
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable 7209 Nurturing Independence through Artistic Develop
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 667
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
7209 Nurturing Independence through Artistic Develop
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 668
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

17. CONFLICTING PROVISIONS:

18. FORCE MAJEURE:

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of 7209 Nurturing Independence through Artistic Develop
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 669
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

21. INTERPRETATION:

This Contract shall be interpreted as if drafted by both parties.

22. WARRANTY:

23. SEVERABILITY:

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, 7209 Nurturing Independence through Artistic Develop
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 670
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

26. COUNTERPARTS:

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 7209 Nurturing Independence through Artistic Develop
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 671
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
7209 Nurturing Independence through Artistic Developmen NONE
Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 672
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
7209 Nurturing Independence through Artistic Developmen Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 673
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
7209 Nurturing Independence through Artistic Developmen Docusign Envelope ID: B359D3A7-8F83-42B6-9455-5C51C5542D9C 674
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2: