Attachment 2 - Strategic Plan for Arts_Corridors_Standard_Contract (executed).pdf

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

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.

Description of Services:

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

Description of Services: Richmond Renaissance will complete (1) a Community Needs Assessment to evaluate Richmond’s arts ecosystem, and (2) a Strategic Plan to guide the development and sustainability of the Richmond Arts Corridor along: (1) Macdonald Avenue from 41st Street & Macdonald Avenue near the Ryse Center extending past the East Bay Center for the Performing Arts and ending at the Richmond Museum of History/Nevin Park near 6th Street & Macdonald Avenue, and (2) 23rd Street between Rheem Avenue and Cutting Boulevard.

Department of Economic Development, Arts & Culture Division Lashonda White
[email protected]
(510) 620-6828
16127
7294
Independent Arts & Media
PO BOX 420142
San Francisco, CA, 94142
Lisa Burger
(415) 738-4975
[email protected]
40064851
January 1, 2025
December 31, 2025
50,000.00
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36

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

Independent Arts & Media
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 2/26/2025
Executive Director
Mayor
3/4/2025

Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 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]:

Independent Arts & Media
7294
See Attached
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 Scope of Work for Richmond Arts Corridor:

Mapped Milestones

GOALS

1. Assess the Current Arts Ecosystem: Evaluate existing public art, cultural assets, and arts-related programs, identifying strengths, weaknesses, opportunities, and challenges.

2. Review of Existing Policies that Intersect with Arts Corridor Project

3. Engage the Community and Stakeholders: Conduct inclusive outreach to gather diverse input and ensure alignment with Richmond’s vision for an equitable and thriving arts corridor.

4. Develop a Strategic Plan for the Arts Corridor: Provide a roadmap for the development, funding, and implementation of arts initiatives that enhance community identity and stimulate economic growth.

5. Ensure Long-Term Sustainability: Establish frameworks for funding, partnerships, and community involvement that support the Richmond Arts Corridor beyond the project timeline.

WORK TO BE COMPLETED
Richmond Renaissance will complete (1) a Community Needs Assessment to evaluate Richmond’s arts ecosystem, and (2) Strategic Plan to guide the development and sustainability of the Richmond Arts Corridor along: (1) Macdonald Avenue from 41st Street & Macdonald Avenue near the Ryse Center extending past the East Bay Center for the Performing Arts and ending at the Richmond Museum of History/Nevin Park near 6th Street & Macdonald Avenue, and (2) 23rd Street between Rheem Avenue and Cutting Boulevard. These goals will be achieved through the tasks outlined below.

Richmond Renaissance will have an initial kickoff and monthly check-ins with the city staff team.

Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36

Phase 1: Initial Analysis and Preparation (January 2025) Objective: Establish a foundational understanding of Richmond’s needs, existing resources, and policy landscape.

1. Document Review and Policy Analysis: Review the following documents and analyze opportunities and challenges for alignment in the arts corridor Tasks:
o (1.1) Richmond 2030 General Plan.
o (1.2) Public arts master plan.
o (1.3) Art ordinances, policies, and procedures.
o (1.4) Richmond’s Urban Greening Master Plan.

Deliverable: Policy Analysis Report with documented findings.

2. Community Survey Development and Distribution
Tasks:
o Create a community survey to gather initial feedback on the Arts Corridor concept.

Deliverable: Community Survey

3. Develop Outreach Plan
Tasks
o (3.1) Put together an outreach plan with canvassing sites, identify hosts, and schedule 7 listening sessions.
o (3.2) Design a conceptual framework as visual-aid materials explaining the arts corridor vision and preliminary concepts.
o (3.3) Develop outreach materials and tailor materials for accessibility and inclusivity in English and Spanish.

Deliverable: Outreach Plan and Materials, schedule of seven community listening sessions., conceptual framework in digital and print resources.
● (1.5) Policy Review and Analysis Report
● (2.1) Community Arts Corridor Survey
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 ● (3.2) Conceptual Framework
● (3.3) Outreach Plan and Materials

Milestone and Deliverables: Completion of policy research and outreach plan.

Phase 2: Deep Community Engagement &
Data Collection (February to April)
Objective: Conduct comprehensive outreach and listening sessions to gather detailed feedback on community needs, preferences, and goals for the corridor.

Distribute Conceptual Framework through community networks.

Tasks:
o (4.1) Distribute Conceptual Framework through networks. o (4.2) Provide options for community members to engage online and in person. o (4.3) Distribute Community Survey starting for approximately 60-90 days.

Canvassing and Direct Stakeholder Outreach
Tasks:
● (5.1) Canvass Businesses in the designated corridor area ● (5.2) Engage Potential Philanthropic Partners
● (5.3) Canvassing Summary Report with Raw Data
● (5.4) Meeting Notes with Philanthropic Partners
Deliverable:
- (5.3) Canvassing summary report with raw data.
- (5.4) Notes from meetings with at least three philanthropic partners.

Neighborhood Council Engagement
Tasks:
● (6.1) Send Conceptual Framework, survey, and flyer for listening sessions. ● (6.2) Be available for 1 on 1 opportunities for individual feedback and discussions. ● (6.3) Engage the Park Plaza Neighborhood Council through email and meetings. ● (6.4) Engage the Iron Triangle Neighborhood Council through email and meetings. ● (6.5) Engage the Belding/Woods Neighborhood Council through email and meetings. ● (6.6) Engage the North and East Neighborhood Council through email and meetings. ● (6.7) Engage the Richmore/Metro Neighborhood Council through email and meetings. ● (6.8) Engage the Pullman Neighborhood Council through email and meetings.

Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 ● (6.9) Present conceptual framework, gather feedback, and include any one on one discussion at the neighborhood coordinating council
Deliverable:
- (6.9) Neighborhood Coordinating Council Presentation

Task 7 Built-In Environment Analysis
The consultant will visit each of the following locations and conduct a site analysis on how the building can be updated to support and benefit from the Arts Corridor development strategically.

Built-in Environment Site Analysis

7.1 Richmond Main Post Office

7.2 Richmond Museum of History and Culture

7.3 Nevin Community Center

7.4 Parking Garage

7.5 Winter's Building

7.6 Civic Center Plaza

7.7 Convention Center

7.8 Main Library

7.9 Community Services Center

7.10 Housing Authority

7.11 Recreation Complex

7.12 Parks Field Office

7.13 Police/Fire Dispatch Center

7.14 Paratransit

7.15 Engineering(Former)

7.16 Richmond Senior Center

7.17 Richmond Art Center

7.18 Parks Department

7.19 Police Activity League (PAL)

7.20 Veterans Memorial Hall

7.21 Tiny House Village Farm and Garden

7.22 Nicholl Park
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36

7.23 Built in Environment Site Analysis Report

Task 8 Host Community Listening Sessions
- Conduct seven listening sessions targeting stakeholders in the corridor, such as (youth, working artists, educators, residents, etc.).
(8.1) Listening Session 1
(8.2) Listening Session 2
(8.2) Listening Session 3
(8.4) Listening Session 4
(8.5) Listening Session 5
(8.6) Listening Session 6
(8.7) Listening Session 7
(8.8) Summary Report with Session Summaries and Visual Documentation of each listening session.

Deliverable:
(8.8) Session summaries and visual documentation for each listening session.

Task 9. School Engagement: Engage schools to gain feedback from youth.

Task:
(9.1) Coordinate with schools and teachers to engage students with time to provide feedback on the Arts Corridor.

Deliverable
(9.2) Provide documentation of meeting notes.

Milestone: Complete community outreach, listening sessions, and canvassing.

Phase 3: Analysis and Strategic Plan
Drafting (April-June)Objective: Analyze collected data and initiate drafting the Strategic Plan, incorporating financial projections and priority recommendations.

Task 10. Data Analysis and Synthesis and Progress Report Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 Tasks:
o (10.1) Present to the City Council a Progress Report on the current progress of the strategic planning nad results and key findings from the listening sessions. o (10.2) Analyze data from surveys, listening sessions, and canvassing to identify themes and community priorities.
o (10.3) Review successful arts corridors or districts in similar communities for applicable best practices.
o (10.4) Use comparative and scenario data to create a bottom-up financial forecast.

Deliverable:
● (10.1) Analysis report detailing themes, priorities, and insights from community feedback. ● (10.2) Comparative and scenario analysis report with benchmarked data. ● (10.3) Financial forecast document with detailed economic analysis.

Task and Deliverable 11: Complete Draft Strategic Plan.

Task (11.1) Complete Draft Strategic Plan

Phase 4: Strategic Plan Finalization and
Implementation Framework (June- September)
Objective: Finalize the Strategic Plan and develop a phased implementation strategy.

Task 12. Present, get feedback, and incorporate it into a finalized strategic plan.

Tasks
● (12.1) Meet with relevant city department staff for alignment and planning ● (12.2) Incorporate feedback into draft plan
● (12.3) Present Draft Plan to Council for Review
● (12.4) Incorporate Council Feedback
● (12.5) Completed Strategic Plan and Finalized sections on values, vision, policy review, community engagement findings, and financial forecasts. ● (12.6) Present the finalized plan to city council
Deliverables:
(12.1) Meeting notes with City Department and Staff
(12.5) Finalized Strategic Plan
(12.6) Presentation to City Council on Final Strategic Plan Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36

Deliverables Summary
Tasks Phase 1 January 2025
Deliverable 1.5 Produce and submit policy analysis review report Deliverable 2.1 Develop a community survey to gather feedback and comments from stakeholders
Deliverable 3.1 Identify hosts and schedule 7 listening sessions Deliverable 3.2 Develop a Conceptual Framework on the Arts Corridor Deliverable 3.3 Develop Outreach Materials
Phase 2 February to April
Deliverable 5.3 Canvassing Summary Report with Raw Data Deliverable 5.4 Meeting Notes with Philanthropic Partners 6 Neighborhood Council Engagement
Deliverable 7.23 Built in Environment Site Analysis Report Deliverable 8.8 Summary Report with Session Summaries and Visual Documentation of each listening session.

School Engagement
Deliverable 9.1 Gather feedback from students in the Classroom Deliverable 9.2 Notes and Documentation of Youth Participation Phase 3 May - June
Deliverable 10.1 Council Progress Report on Community Engagement Findings
Deliverable 11 Complete Draft Strategic Plan
Phase 4 June - Oct
Deliverable 12.5 Completed Strategic Plan

Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36

TIMELINE OF PROJECT
Tasks and Deliverables Summary
Tasks Phase 1 January 2025
1 Review Documents and analyze opportunities and challenges for alignment in

1.1 Richmond 2030 General Plan

1.2 Public Arts Master Plan

1.3 Art Ordinances, policies and procedures

1.4 Richmond's Urban Greening Master Plan
Deliverable 1.5 Produce and submit policy analysis review report Deliverable 2.1 Develop a community survey to gather feedback and comments from stakeholders
Deliverable 3.1 Identify hosts and schedule 7 listening sessions Deliverable 3.2 Develop a Conceptual Framework for the Arts Corridor Deliverable 3.3 Develop Outreach Materials

Phase 2 February to April

4.1 Distribute Conceptual Framework through community networks.

4.2 Provide Online and In Person Comment and Feedback Opportunities

5.1 Canvass Businesses in the designated corridor area

5.2 Engage Potential Philanthropic Partners
Deliverable 5.3 Canvassing Summary Report with Raw Data Deliverable 5.4 Meeting Notes with Philanthropic Partners 6 Neighborhood Council Engagement

6.1 Send Conceptual Framework

6.2 Be available for one on one follow-up calls.

6.3 Park Plaza

6.4 Iron Triangle

6.5 Belding/Woords

6.6 North and East

6.7 Richmore/Metro

6.8 Pullman
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36

6.9 Neighborhood Coordinating Council Presentation and Feedback Built-in Environment Site Analysis

7.1 Richmond Main Post Office

7.2 Richmond Museum of History and Culture

7.3 Nevin Community Center

7.4 Parking Garage

7.5 Winter's Building

7.6 Civic Center Plaza

7.7 Convention Center

7.8 Main Library

7.9 Community Services Center

7.10 Housing Authority

7.11 Recreation Complex

7.12 Parks Field Office

7.13 Police/Fire Dispatch Center

7.14 Paratransit

7.15 Engineering(Former)

7.16 Richmond Senior Center

7.17 Richmond Art Center

7.18 Parks Department

7.19 Police Activity League (PAL)

7.20 Veterans Memorial Hall

7.21 Tiny House Village Farm and Garden

7.22 Nicholl Park
Deliverable 7.23 Built-in Environment Site Analysis Report Host Community Listening Sessions

8.1 Host Community Listening Session 1

8.2 Host Community Listening Session 2

8.3 Host Community Listening Session 3

8.4 Host Community Listening Session 4

8.5 Host Community Listening Session 5
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36

8.6 Host Community Listening Session 6

8.7 Host Community Listening Session 7
Deliverable 8.8 Summary Report with Session Summaries and Visual Documentation of each listening session.

School Engagement

9.1 Gather feedback from students in the Classroom
Deliverable 9.2 Notes and Documentation of Youth Participation Phase 3 May-June
Deliverable 10.1 Council Progress Report on Community Engagement Findings

10.2 Analyze all collected data from surveys, listening sessions, canvassing, and identifying themes and community priorities.

10.3 Comparative Benchmarking and Scenario Analysis

10.4 Bottom-up Financial Forecast
Deliverable 11 Complete Draft Strategic Plan
Phase 4 June-Oct

12.1 Meet with relevant city department staff for alignment and planning.

12.2 Incorporate feedback into the Draft Plan.

12.3 Present Draft Plan for Review

12.4 Incorporate Council Feedback
Deliverable 12.5 Completed Strategic Plan

12.6 Present Final Strategic Plan to the city council

Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 Phase 2 February to April
Deliverable 5.3 Canvassing Summary Report with Raw Data Deliverable 5.4 Meeting Notes with Philanthropic Partners 6 Neighborhood Council Engagement
Deliverable 7.23 Built in Environment Site Analysis Report Deliverable 8.8 Summary Report with Session Summaries and Visual Documentation of each listening session.

School Engagement
Deliverable 9.1 Gather feedback from students in the Classroom Deliverable 9.2 Notes and Documentation of Youth Participation Phase 3 May - June
Deliverable 10.1 Council Progress Report on Community Engagement Findings Deliverable 11 Complete Draft Strategic Plan
Phase 4 June - Oct
Deliverable 12.5 Completed Strategic Plan

Project Budget
Expenses Cost Discount From Grant From City RFP
Principal Consultant $90,000 $65,000 $25,000.00
Community Engagement Consultant $35,000 $25,000 $10,000.00 Community Organization Stipends for
hosting Listening Sessions $15,000.00 $7,000.00
Visual Note Taker $1,500.00
Outreach Materials $500.00
Marketing Support $6,000
Stipends for Community Participation at
Site Visits $10,000
GIS Mapping Data Specialist $10,000
Fiscal Sponsorship Fee $6,000.00
Totals $90,000 $41,000.00 $50,000.00

Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.

b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

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

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

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.

a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
7294
Independent Arts & Media
Lashonda White
Lashonda White
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 Estimated Payment Schedule from City
Completion of Phase 1 End of January
Principal Consultant $5,000
Community Engagement $2,500
Fiscal Sponsorship Fee $6,000
Subtotal $13,500
Completion of Phase 2 End of April
Principal Consultant $5,000
Community Engagement $6,000
Outreach Materials $500
Community Organization Stipends $7,000
Graphic Notetaker $1,500
Subtotal $20,000
Completion of Phase 3 End of July
Principal Consultant $5,000
Community Engagement $1,500
Subtotal $6,500
Completion of Phase 4 October
Principal Consultant $10,000
Total $50,000

Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 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: ________________________________________________ 7294
Independent Arts & Media
Lashonda White
[email protected]
Independent Arts & Media
PO BOX 420142
San Francisco, CA, 94142
[email protected]
Lisa Burger
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 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, 7294
Independent Arts & Media
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.

b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.

d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:

a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).

b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

7294
Independent Arts & Media
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 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 7294
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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 7294
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable 7294
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

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

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

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

2.52, 2.56, and 2.60, if applicable.

b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.

d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of 7294
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, 7294
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 7294
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EXHIBIT E

SPECIAL CONDITIONS

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

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EXHIBIT F

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

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

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

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

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

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

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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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 Self- Insure, signed by the California Department of Industrial Relations and Self-Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” 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.

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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 self- insured 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.

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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.

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INSRADDLSUBRLTRINSDWVD
PRODUCERCONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSUREDINSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDINACCORDANCE WITH THE POLICY PROVISIONS.

THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)musthaveADDITIONALINSUREDprovisionsorbeendorsed.IfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
INDEP-1OP ID: SD11/08/2024
Stephanie DufourDufour Insurance Services, LLC5611 Littler DriveHuntington Beach, CA 92649Stephanie [email protected] American Insurance GroupIndependent Arts & MediaPO Box 420442San Francisco, CA 94142 AX 1,000,000AXXPAC43578430202/09/202402/09/2025100,000AX 02/09/202402/09/20255,000AX 02/09/202402/09/20251,000,0002,000,000X 2,000,0001,000,0001,000,000A PAC43578430202/09/202402/09/2025XXXX 2,000,000A UMB43578420202/09/202402/09/20252,000,00010000XX PerOccurrCertificate Holder is named as Additional Insured as respects the operationsof Named Insured City of Richmond450 Civic Center PlazaRichmond, CA 94804 714-369-299837532
Abuse/PLPAC435784302PAC435784302Professional LiabSexual Abuse Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 POLICY NUMBER: PAC435784302 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – DESIGNATED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE
Name of Person or Organization:

City of Richmond, its ofﬁcers, agents, employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you.

Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 WLTR005

THE HARTFORD

BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251 December 10, 2024
City of Richmond
450 CIVIC CENTER PLAZA
RICHMOND CA 94804
Account Information:

Policy Holder Details : Independent Arts and Media
Contact Us
Need Help?
Chat online or call us at
(866) 467-8730.

We're here Monday - Friday.

Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.

Sincerely,
Your Hartford Service Team
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
12/10/2024

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

LAMB INSURANCE SERVICES
57152169
1385 HWY 35 PMB 170
MIDDLETOWN NJ 07748
CONTACT NAME:

PHONE
(A/C, No, Ext):
(212) 375-3000 FAX
(A/C, No):

E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A : Hartford Casualty Insurance Company 29424

INSURED

INDEPENDENT ARTS AND MEDIA
PO BOX 420442
SAN FRANCISCO CA 94142-0442
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD

POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/Y YYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE

POLICY PRO-
JECT

LOC PRODUCTS - COMP/OP AGG
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
ANY AUTO BODILY INJURY (Per person)

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident)
HIRED
AUTOS

NON-OWNED
AUTOS

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-
MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A X 57 WEC AC6CSR 01/08/2025 01/08/2026
X PER

STATUTE
OTH-
ER
Y/N E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Waiver of Subrogation applies in favor of the Certificate Holder per Waiver of our Right to Recover from Others Endorsement WC040306 attached to this policy.

CERTIFICATE HOLDER CANCELLATION
City of Richmond
450 CIVIC CENTER PLAZA
RICHMOND CA 94804

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36

Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 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:
7294
Independent Arts & Media
Docusign Envelope ID: F2EE7523-D097-4019-AE6D-5D1143ED1A36 2/26/2025
Lisa Burger
Executive Director
Independent Arts and Media

Richmond City CouncilDecember 16, 2025

Richmond City Council
December 16, 2025