Richmond City Council
January 6, 2026

Request for Proposals
Allen Brothers Steak & Seafood Company
Release Date: December 2023
Deadline for Submittal
February 5, 2024
3:00 P.M.

Contact: Winifred Day, Arts and Culture Manager
Email: [email protected]
Phone Number: 510 – 620-6952
City of Richmond
Arts & Culture Division
450 Civic Center Plaza, #CMO 300
Richmond, CA 94804
ATTACHMENT 1
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INTRODUCTION

The City of Richmond is requesting proposals from qualified artists for three unique public art opportunities for Allen Brothers Steak and Seafood Facility, located at 211 West Cutting Boulevard, Richmond, CA., 94801. The vision includes mural concepts executed to establish a sense of place using photo realism and/or trompe l’oeil, along with mosaic tabletops for outdoor staff area.

This request for proposals (RFP) describes the project, the required scope of services, the artists’ selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP requirements and procedures may cause for disqualification. The anticipated term of this contract will be for a period of no more than one (1) year from the time of execution.

Applicants are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the applicant agrees to read and understand these documents.

This project has two art opportunites: 1) Oversized Mural Painting and 2) Mosaic Tile Tabletops. The m ural will be designed and painted directly on the wall surface . All mosaic tile will be installed on site . All proposed concept designs will send a positive visual statement to be enjoyed by staff and visitors to the facility.

PROJECT BACKGROUND / DESCRIPTION
Allen Brothers Steak and Seafood Company, a division of the Chefs’ Warehouse, is a new facility in Point Richmond and the long-term tenants of the building, owned by Prologis. The primary audience and user of the facility will be Allen Brothers Steak and Seafood Company staff, whose mission is to combine culinary expertise, community engagement, commitment to animal welfare, and to provide the finest Midwestern beef, responsibly sourced seafood, and exceptional dining experiences to the Bay Area.

For the mural and the mosaic tile project, the thematic direction is for artwork that celebrates the history and culture of Richmond, including cultural diversity, nature, sailing and water related activities.

Eligibility
Must have evidence of completed public art project(s) of similar size, scope and style with an art contract value of at least $75,000.

Ineligibility
Employees of the City of Richmond, relatives of current Richmond Arts and Culture Commissioners or any City of Richmond elected or appointed official, are not able to apply due to possible conflicts of interest.

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Site 1a/1b: Location of Large Mural Budget not to exceed $250,000 (all-inclusive)

Description: Wall approximately 160’ wide by 40’ high. Mural will be painted directly on wall surface.

Site 1b: Location of Smaller Mural

Description: L-shaped Wall approximately 53’ wide by 30’ high and 35’ wide x 12’ high.

Mural to be painted directly on exterior wall surface.

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Site 2: Mosaic Tile Tabletops

Description: Eight patio tables (shape selected by developer) Budget: $40,000 All inclusive.

Proposed art material – mosaic tile table tops. Tile work must be installed on site.

Option 1: Square Table

Square tabletop is 36” x 36”. Mosaic design should be 34”x 34” with a 2” border around the tiles. https://qcp-corp.com/detail/module/1272#sizing-chart

Option 2: Round Table

Round table-top is a 42” diameter circle. Mosaic design should be a 40” circle with a 2” border around the tiles. https://qcp-corp.com/detail/open/771https://qcp- corp.com/detail/open/771
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The Richmond Arts and Culture Commission (RACC) will provide administrative services for this project including managing the artist solicitation, selection process and art contract services.

SCOPE OF SERVICES

The developer is requesting two (2) artworks for its campus (1 oversized mural and mosaic tile design for cement tabletops).

1a. A large outdoor mural located on 211 W. Cutting Blvd. which will be located along an area of the outer warehouse wall measuring approximately 250 feet wide x 40 feet tall. The mural will be painted directly on the exterior surface of the building and portray celebration of the history, diversity, and culture of Richmond.

1b. A smaller outdoor mural will also be located on 211 W. Cutting Blvd, adjacent to the main entrance of the facility, The L-shaped walls measure approximately 53’ x 40’ and 35’ x 12’ in the outdoor staff dining and community engagement area. The oversized mural will be painted directly on the exterior wall surface of the building and also portray celebration of the history, diversity, and culture of Richmond.

2. Eight mosaic tabletop designs for staff break area. All mosaic tile work will be installed on site and need to complement the mural design in the staff area.

The mural design must be compatible with the mosaic tabletop designs in the staff seating/eating area. All mosaic tile work will be installed on site and will need to complement the mural design in the staff break area. The muralist and tile artist will need to work together to create compatible design for the staff area. The proposed artworks will send a positive visual statement to be enjoyed by staff and visitors to the facility.

RFQ/RFP SCHEDULE
Date Activity

December 2023 RFQ/RFP Applications Posted
February 2024 RFQ/RFP Application Deadline
February 2024 Art Panel Selection for 3 Semi-Finalists
March 2024 Art Panel Presentation (via Zoom)
2024 (TBD) Semi-Finalist Selections
2024 (TBD) Artists’ Effective Date of Contract
2024 (TBD) Artwork Installed
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SELECTION PROCESS

PROPOSAL FORMAT GUIDELINES

The proposal shou ld be concise, well organized, and demonstrate the proposer’ s qualifications and experience applicable to the Project. The complete proposal shall be limited to 20 double-sided pages (8.5 inch es x 11 inches), inclusive of graphics, forms, pictures, photographs, resumes, required forms, certifications, front and back covers, or letters of commi tment from sub -contractors. The required font size is 12 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches.

Each proposal will adhere to the order and content of sections listed below. The proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the concept design. Proposals which appear unrealistic in the terms of technical commitments, lack of technical experience or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the artist’s response:

A. Cover Letter
A cover letter, not to exceed three pages in length, should summarize key elements of the proposal and shall:
• Confirm that all elements of this RFP have been reviewed and understood;
• Include a written description of the art (mural and/or mosaic tile) design; • Express artist’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements (Attachment A) and in the sample Service Agreement (Attachment B); • Submit a written description and brief history of the company/artists experiences, qualifications and successes in providing professional art commission services described herein. Please indicate the number of employees and/or sub-contractors employed by this project. • Indicate the address and telephone number of the lead artist office located nearest to Richmond, California and the office from which the project will be managed.
• Confirm that artist has a minimum of five (5) years verifiable experience designing with examples of painting large-scale murals and/or mosaic tile installations.
• Identify a single person for contact during the RFP review process; and • Cover letter shall be signed by an authorized official of the company.

B. Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the City of Richmond, the work to be done, and the objectives to be accomplished. Refer to description of services for this RFP. Include a rough 200

sketch of your vision for the 250 linear foot wall section that tells a “Richmond Story”.

Deliverables:
• Submit a sketch of mural concept using the photo shop or some method to demonstrate a proposed concept design for both the mural and mosaic tabletop design.
• Submit no more than five photo examples of completed mural and/or mosaic tile projects of similar size, scope and value (budget) and thematic direction.

C. Methodology Section
Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. The Methodology Section should include:

1) An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP and the method used to research Richmond historical concept images; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Services" section.

3) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion.

Installation method for large-scale mural i.e. grid, projections, etc.

List equipment needed i.e. scaffolding, tarp to cover cars, etc.

4) Detailed description of specific tasks you will require from City staff.

Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Services.

D. Staffing

Describe proposed Project team organization, including identification and responsibilities of key personnel. Indicate role and responsibility of prime consultants (Lead Painter or Tile Designer) and all sub-contractors. Indicate the extent of the commitment of key personnel for the duration of the Project and furnish resumes of key personnel. Provide an indication of the staffing level for the Project. The City of Richmond’s evaluation of the proposal will consider the proposer’s entire team; therefore, no changes in the team composition will be allowed without prior written approval of the City of Richmond. Sub-contractor letters of commitment are required and must be submitted with the proposal. 201

Describe the experience of the proposer’s Project team in detail, including the team’s Project Manager, and other key staff members, on projects of similar size, capacity, and dollar value. For each similar project, include the client’s name and correct telephone number. It is the City of Richmond’s policy to interview proposers’ references as well as references identified by the City of Richmond.

E. Qualifications
The information requested in this section should describe the qualifications of the firm, key staff and sub‐contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:
1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of service.

2) A summary of your firm’s demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal.

3) Provide at least three (3) references that received similar services from your firm. The City of Richmond reserves the right to contact any of the organizations or individuals listed. Information provided shall include:

a) Client Name
• Telephone & e-mail address.
• Physical business/art studio address.
b) Description of services provided including contract amount. c) Project start and end dates.

F. Cost Information

Provide the total direct and indirect costs to complete all tasks identified in the scope of services. Even if the method of payment to proposer will be fixed fee, a detailed cost breakdown shall be provided identifying: (1) the number of staff hours and hourly rates for each professional and administrative staff person who will be committed to this Project; (2) all other direct costs, such as materials and reproduction costs; and (3) sub-contractor services, if needed. These rates will also be used to negotiate rates for other projects (including optional tasks) that may be assigned. No additional funds will be paid above and beyond the original quote given by the selected applicant.

Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the City of Richmond.

G. Value Added Services
Please provide any additional services of benefit not specifically required herein, which the Respondent offers to provide.
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H. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Proposers intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Proposer will employ to ensure that any subcontractor complies with the provisions of Proposer’s contract with the City.

I. Previous Contracts with the City of Richmond
The proposer shall submit a list which indicates all prime contracts and/or amendments awarded to the proposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond’s assigned Project Manager, and contract value.

J. Exceptions to this Request for Proposals

The proposer shall state whether or not it takes exception(s) to this RFQ/RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment B). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.

K. Statement of Impartiality and Disclosure

The nature of this Project requires an impartial unbiased approach on the part of the proposer’s team. This proposal shall include a statement declaring that the proposer’s and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, the proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.

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PROCESS FOR SUBMITTING PROPOSALS

Questions Concerning Request for Proposals

All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 3:00 pm PST, on January 15, 2024. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum.

Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by January 19, 2024. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.

Any party submitting a proposal shall not contact or lobby any City Council member, City official, RACC member, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.

Interested parties may download copies of the above mentioned proposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.

Submission of Proposals

The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

The proposal must be received no later than 11:59 p.m., local time, on February 5, 2024.

The City of Richmond reserves the right to waive inconsequential irregularities.

GENERAL GUIDELINES

This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or 204

contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the decline. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:

1. Reject any or all proposals.

2. Issue subsequent Requests for Proposal.

3. Postpone opening for its own convenience.

4. Remedy technical errors in the Request for Proposal process.

5. Negotiate with any, all, or none of the Respondents.

6. Solicit best and final offers from all or some of the Respondents.

7. Select one or more Respondents.

8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals.

Public Records

All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.

Insurance Requirements

The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment A. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.

Business Licenses

The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.

Compliance with City Ordinances

The contractor and all subcontractors shall comply with the City of Richmond 205

Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter

2.65), which are incorporated into the Contract Documents by this reference.

Arts and Culture Ordinances, Art Policies and Art Procedures The following Arts and Culture Ordinances, Policies and Procedures documents were adopted on May 4th and May 18, 2021.
o RMC 3.59 Arts and Culture Commission (Amended 5/18/2021)

o RMC 6.50 Public Art Program (Adopted 5/18/2021)

o Public Art Policies and Procedures_v2 (Adopted 5/4/2021)

Sanctuary City Contracting Ordinance (SCCO)

The Richmond Sanctuary City Contracting Ordinance No. 12-18 (Attachment D) 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”).

Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal. (Attachment C)

Limited Liability Company Disclosure Statement (LLCS)

Resolution No. 86-21 (Attachment E), approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal (Attachment F).

Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.

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Withdrawal of Proposals

A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.

Ownership of Documents

All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.

PROPOSAL EVALUATION AND SELECTION PROCESS

All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions o f the Service Agreement, will be eliminated from further consideration. Proposals wil l be reviewed and eval uated by an eval uation committee comprised of City of Richmond p ersonnel, Richmond Arts and Culture Commission ers, Private Developer, Building Tenant, Richmond resident.

The top Proposals may then be invited to make a presentation to the evaluation panel in a City Office in Richmond, California, at no cost to the City. The selected proposal shall provide the most cost-effective approach that meets the City’s requirements. The lowest price proposal will not necessarily be selected.

The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals.

Overall responsiveness to the RFQ/RFP is an important factor in the evaluation process. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

The Proposal/Methodology and Approach to Work – 20%

The proposer’s responsiveness to the RFP including c ompleteness and thoroughness 207

of proposal ; all required information must be provid ed in the format specified. This category will also evaluate:

• Ability to provide services as outlined in the RFP.
• Approach and proposed methodology to project scope.
• Demonstrated knowledge of the work required.
• Explanation of the Project or services required.
• Innovative approaches and internal measures for timely completion of Project.

Experience/Past Performance/References – 20%
Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFP; number of years of experience in performing similar work.

Project Team – 20%
Respondent should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude. This category will evaluate the firm’s:

• Qualifications and relevant individual experience.
• Unique qualifications of key personnel.
• Staff Availability / Time commitment of key members.
• Organization chart.

Proposer Qualifications – 20%
This category will evaluate the respondent’s ability to take upon itself the responsibilities set forth in the Scope of Services and produce the required outcome in a timely manner.

Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope and objective of the services to be performed. It is the intention of the City of Richmond to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to execute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Respondent, the City of Richmond will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.

Cost Proposal – 20%

Pre-Award Negotiations
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent for purposes of:

• Resolving minor differences and information
• Clarifying necessary details and responsibilities
• Emphasizing important issues and points
• Receiving assurances from respondents
• Cost/budget clarifications
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If the City cannot successfully negotiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent.

Selection may be made without further discussion, negotiations or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.

A panel of Richmond residents, art professionals, the tenant and owner, RACC members and city staff will review all Requests for Proposal (RFP) applications and may identify three semi-finalists per project (three muralists and three mosaic tile artists) to invite to further develop the proposed concept design. A total of $1,500 will be paid, per semi-finalist, for completed maquettes and interviews.

Award - When the Review Panel has completed its work, RACC/City staff will recommend an artist and/or artist team to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment B).

Attachments

A. Insurance Requirements
B. Standard Contract
C. Sanctuary City Compliance Statement
D. Sanctuary City Contracting Ordinance No. 12-18
E. Limited Liability Corporation (LLC) Resolution No. 86-21 F. Limited Liability Corporation Form

130- Arts-and-Culture-Element (richmond.ca.us)

https://www.ci.richmond.ca.us/DocumentCenter/View/67481/Richmond_PAMP_Final_083023 209
#1 #2 #3 #4 #5 FINAL
Applicants Totals
Average
Score RANK
Hungry Ghost Productions 79 96 98 94 99 466 93.20 1
Oh Yanoe LLC 91 75 100 98 99 463 92.60 2
Bay Area Mural Program 90 97 Not Scored 92 90 369 92.25 3 Community Rejuvenation Project 83 97 Not Scored 87 97 364 91.00 4 MD Studio 93 87 95 95 85 455 91.00 4
Art of John Pugh 84 93 78 94 100 449 89.80 5
Robin Gibson 82 88 95 78 98 441 88.20 6
Drift Mural Corporation 77 93 60 82 99 411 82.20 7
Twin Walls 82 95 50 80 99 406 81.20 8
Wall and Wall 73 85 Not Scored 62 97 317 79.25 9
Arteclettica 45 32 Not Scored 22 98 197 49.25 10
Adrian Litman Art & Design None None None None None 0
Hidden Jewels Murals None None None None None 0
Javier Arts None None None None None 0
Wyss Design None None None None None 0
Allen Brothers Steakhouse
Scoring Matrix
MURAL
ATTACHMENT 2
210
#1 #2 #3 #4 #5 FINAL
Applicants Totals
Average
Score RANK
Hidden Jewels Murals 80 94 50 89 95 408 81.60 1
Bay Area Mural Program 79 75 Not Scored 80 90 324 81.00 2 Wyss Design 85 97 25 87 95 389 77.80 3
Javier Arts 78 82 Not Scored 86 60 306 76.50 4
MD Studio 88 80 95 25 85 373 74.60 5
Oh Yanoe LLC 83 71 Not Scored 35 99 288 72.00 6
Community Rejuvenation Project 72 63 Not Scored 18 97 250 62.50 7 Adrian Litman Art & Design 58 40 Not Scored 49 99 246 61.50 8 Arteclettica Not Scored 30 Not Scored 22 98 150 50.00 9 Art of John Pugh N/A N/A N/A N/A N/A 0
Drift Mural Corporation N/A N/A N/A N/A N/A 0
Hungry Ghost Productions N/A N/A N/A N/A N/A 0
Robin Gibson N/A N/A N/A N/A N/A 0
Twin Walls N/A N/A N/A 0 N/A 0
Wall and Wall N/A N/A N/A 0 N/A 0
Allen Brothers Steakhouse
Scoring Matrix

MOSAICS
211
Allen Brothers Mural & Mosaic Tile
Artist are scored 0-20point total by the panelist. The Panelist scores are reflected and measured below.

Artist Art Avg Team Score Avg Score Panel 1 Panel2 Panel 3 Panel 4 Panel 5 David Burke (Hungry Ghost Production.) Mural 90.00% 95.83% 16 20 20 20 19 Debbie Koppman (Hidden Jewels Murals) Mosaic 84.17% 16 20 18 15 16 Oh Yanoe LLC Mural 90.83% 98.33% 20 20 20 20 20
Oh Yanoe LLC Mosaic 83.33% 18 19 15 14 18
John Pugh (Art of John Pugh) Mural 84.58% 75.83% 16 18 19 12 10 Marianne Wilma Wyss (Wyss Design) Mosaic 93.33% 16 20 20 16 20 Ed Marmanillo (MD Studio) Mural 75.83% 75.00% 16 18 16 12 14 Ed Marmanillo (MD Studio) Mosaic 76.67% 18 18 15 12 15
Panelist Avg Sco 17 19.125 17.875 15.125 16.5
212
Panel 6
20 16
18 16
16 20
14 14

16.75 213
1 Shane Johnson
From: Sabrina Lundy
Sent: Wednesday, July 3, 2024 9:30 AM
To: Sabrina Lundy
Cc: Pamela Christian; Ursula Deloa; Jasuara Castaneda
Subject: APPROVED CONSENT CALENDAR ITEMS - July 2, 2024, RHA/City Council Meeting (Staff blind-copied)
The following Consent Calendar items were approved by the RHA/City Council at its July 2, 2024, meeting:

HOUSING AUTHORITY CONSENT CALENDAR
L.1 Standing Purchase Order (PO) For Maintenance, Repair, And Unit Turnover AcƟviƟes For Public Housing Sites
ADOPT a resoluƟon authorizing a standing purchase order with HD Supply for an amount not to exceed $280,000, for maintenance, repairs, and unit turnover acƟviƟes ending June 30, 2026 - Richmond Housing Authority (Gabino Arredondo 621-1300).

CITY COUNCIL CONSENT CALENDAR
V.1 City AƩorney's Office
V.1.a Legal Services Agreement
APPROVE a legal services agreement with Neumiller & Beardslee, to provide legal advice and representaƟon for employment maƩers in an amount not to exceed $200,000, for a term beginning June 17, 2024, to June 30, 2027 – City AƩorney’s Office (Kimberly Chin 510-620- 6709/Shannon Moore 510-620-6505).

V.1.b Second Amendment to the Legal Services Agreement with Goldfarb & Lipman LLP for land use maƩers, including Denham II liƟgaƟon.

APPROVE a second amendment to the legal services agreement with Goldfarb & Lipman LLP, and increase the compensaƟon by $150,000 for an amount not to exceed $525,000 – City AƩorney’s Office (Dave Aleshire 510-620-6509/Shannon Moore 510-620-6505).

V.1.c NepoƟsm in City Boards, Commissions, CommiƩees and Task Forces INTRODUCE an ordinance (first reading) prevenƟng the appointment of immediate family members of City Councilmembers, the City Manager, or City Department Heads, from serving on Richmond boards, commissions, commiƩees, and task forces, and limiƟng an individual’s parƟcipaƟon to one such City body at a Ɵme – City AƩorney’s Office (Dave Aleshire 510-620- 6509).

V.1.d Agreement with Safe Organized Spaces Richmond for Work Related to the Clean California Grant for Encampment Services
214
2 APPROVE the agreement with Safe Organized Spaces Richmond to employ unhoused individuals for illegal dumping miƟgaƟon, provide housing support services for encampment residents, and provide supporƟve wellness services for encampment residents, in the amount of $109,546.96, with a term ending December 31, 2024 – City AƩorney’s Office (David Aleshire 510-620-6509) V.1.e Approval of SeƩlement Agreement
APPROVE seƩlement agreement and AUTHORIZE staff to proceed with Ordinance amending Measure U to create Class Q for automobile dealers - City AƩorney's Office (Dave Aleshire 510- 620-6509).

V.2 City Council
V.2.a Exploring IncenƟves to Encourage All-Electric Buildings in New ConstrucƟon DIRECT staff to explore incenƟves to provide to developers that refrain from using natural gas in new construcƟon buildings and return to City Council in the fall with recommendaƟons – Councilmembers Cesar Zepeda (510-620-6593) and Gayle McLaughlin (510-620-6636).

V.2.b Richmond Fire Department and West Contra Costa Fire Safe Council collaboraƟon for an open house at Fire StaƟon 64
APPROVE the collaboraƟon between the Richmond Fire Department and the West Contra Costa Fire Safe Council (WCCFSC) to host an Open House at Fire StaƟon 64 on October 6th, in recogniƟon of NaƟonal Fire PrevenƟon Week and to uƟlize department funds in combinaƟon with donaƟons raised by WCCFSC not to exceed $2,500 - Councilmember Soheila Bana (510-672- 6743).

V.3 Community Development
V.3.a Sidewalk Vendor Ordinance
ADOPT an ordinance (second reading) adding new Chapter 7.42 Sidewalk Vending regulaƟons in the Richmond Municipal Code consistent with state law and AUTHORIZE the city manager or her designee to execute any agreements necessary to establish and implement a Mobile Vendor Plaza Program aimed at creaƟng opportuniƟes for sidewalk vendors and other interested parƟes to conƟnue their businesses in a regulated and licensed manner. The Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the exisƟng physical environment and prevents changes in the environment (CEQA Guidelines SecƟon 15378(a)). It is also exempt under Guidelines SecƟons 15060(c)(2) and SecƟon 15061(b)(3) - Community Development Department/Public Works Department (Lina Velasco 510-620-6841/Daniel Chavarria 510-620-5478).

V.3.b Contract Amendment with RCF Connects for Unhoused Services APPROVE a contract amendment No. 4 with RCF to add $1,403,658.17 in addiƟonal funding for the Richmond Housing First Emergency Housing Assistance Programs and the Encampment ResoluƟon Fund (ERF 2R), for a total contract amount not to exceed $4,365,376.12, for a term extending through June 30, 2025 – Community Development Department (Lina Velasco/Jesus Morales 510-620-6706).
215
3 V.3.c Sole-Source Contract with Contra Costa County to Provide Project Management & Services Support for Encampment ResoluƟon Funding 2 (ERF-2R)
AUTHORIZE the city manager or designee to negoƟate and execute a sole-source contract with Contra Costa County Health, Housing & Homeless to provide Project Management, Care Management, and Interim Housing SoluƟons for the Encampment ResoluƟon Funding Round 2 project for an amount not to exceed $1,238,102, for a term beginning July 15, 2024, through July 15, 2025; and DIRECT staff to return in September to report to the Council and community regarding the contract scope and project acƟviƟes – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).

V.4 Economic Development
V.4.a NegoƟaƟons with the Top-Ranked Proposal for Solid Waste CollecƟon Agreement Request for Proposal (RFP).

ADOPT a resoluƟon authorizing the city manager and/or her designee to proceed with negoƟaƟons with the top-ranked proposal, Richmond Sanitary Services Inc, a subsidiary of Republic Services for the City’s solid waste collecƟon services and franchise agreement – Economic Development Department (Samantha Carr 510-620-5407).

V.4.b Acceptance of the PainƟng Project at 1322 and 1325 Canal Blvd ADOPT a resoluƟon accepƟng the painƟng project of 1322 and 1325 Canal Boulevard completed under Fresh Start PainƟng; and AUTHORIZE the Port Director to execute associated documents to record the project – Economic Development Department (Charles Gerard 510-215-4600).

V.4.c AuthorizaƟon to Apply for the EPA Community Change Grant ADOPT a resoluƟon authorizing the city manager and/or her designee to execute all documents necessary to apply for and verify the parƟes’ commitments toward project implementaƟon of the Environmental ProtecƟon Agency Community Change grant including entering into a Memorandum of Understanding (MOU) with co-applicants – Economic Development Department (NanneƩe Beacham 510-620-1306/Samantha Carr 510-620-5407/Yahna Williamson 510-620-6574).

V.4.d Environmental Support for Terminal 1 Site
APPROVE a sole-source contract with WSP USA Environmental & Infrastructure, Inc. (formerly Wood Environment & Infrastructure SoluƟons, Inc.) for a total amount not to exceed $196,600, through August 31, 2026, to complete ongoing environmental support, including groundwater monitoring and reporƟng in compliance with the clean-up order issued by the Regional Water Quality Control Board – Economic Development Department (Charles Gerard 510-620-6792).

V.4.e Allen Brothers Steak and Seafood Facility Public Art Mural and Mosaic Tile Project ADOPT a resoluƟon to APPROPRIATE $250,000 in Arts & Culture private developer funds; and APPROVE two contracts, one with Hungry Ghost ProducƟons in the amount of $210,000, for the installaƟon of a mural, and another with Wilma Wyss in the amount of $40,000, for the installaƟon of mosaic tabletops at the Allen Brothers Steak and Seafood Facility located at 211 216
4 West Cuƫng Boulevard, for the term beginning July 3, 2024, through June 30, 2025 – Economic Development Department (NanneƩe Beacham 510-621-1306/Winifred Day 510-620-6952).

V.4.f Contract with Renaissance Entrepreneurship Center for Assistance for Small Businesses Impacted by COVID-19
APPROVE the professional services contracts with Renaissance Entrepreneurship Center to provide assistance to small businesses impacted by COVID-19, in an amount not to exceed $650,000 with a term ending December 31, 2026; and AUTHORIZE the city manager or her designee to negoƟate and approve addiƟonal scope(s) of work, if necessary, for addiƟonal amounts not to exceed $100,000 – Economic Development Department (NanneƩe Beacham 510-621-1306/Lizeht Zepeda 510-620-6653/Kyle Lam 510-620-6802).

V.5 Finance Department
V.5.a Investment and Cash Balance Report and Monthly OverƟme Reports for the Month of May 2024 RECEIVE the City’s Investment and Cash Balance Report and Monthly OverƟme Reports for the month of May 2024 – Finance Department (Andrea Miller 510-620-6740).

V.5.b Proposed Fourth Amendment to the Contract with Via Actuarial Services Formerly Known as Van Iwaarden Associates
APPROVE the fourth amendment to the contract with VIA Actuarial Services, formerly known as Van Iwaarden Associates, for actuarial services necessary for reƟree healthcare plan and pension fund management, increasing the contract amount by $21,500 for a total not to exceed amount of $166,500, and extend the contact term through June 30, 2025 – Finance Department (Andrea Miller/Mubeen Qader 510-620-6740).

V.6 Human Resources
V.6.a Second contract amendment with Gallagher Benefits Services (FKA Koff and Associates) APPROVE a first amendment to the contract with Koff & Associates for $50,000, for a total not- to-exceed amount of $100,000, for recruitment services with a term ending June 30, 2025 – Human Resources Department (Nickie Mastay/Sharrone Taylor 620-6602).

V.6.b Contract with the Century Group for Recruitment and Temporary Staffing Services on an As- Needed Basis
APPROVE a contract with the Century Group for recruitment and temporary staffing services for the term of July 2, 2024, through June 30, 2025, in an amount not to exceed $100,000 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

V.6.c Du-All Safety Three-year Contract
APPROVE a three-year contract with Du-All Safety in the amount of $480,960 divided equally over the next three fiscal years for the purpose of administering the City’s safety program - Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

V.6.d Agreement with George Hills Company, Inc.
217
5 APPROVE a three-year (Fiscal Year 24-25 – Fiscal Year 26-27) contract with two opƟonal one year extensions with George Hills Company, Inc. to provide third-party administraƟon of general liability claims received by the City in an amount not to exceed $ 660,000 – Human Resources Department (Nickie Mastay 510-620-6609/Sharrone Taylor 510-620-6803).

V.6.e Amend the salary schedule
ADOPT a resoluƟon amending the salary schedule to add the Lending Library Specialist classificaƟon – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

V.6.f CooperaƟve Personnel Services - HR (CPS) ConsulƟng Services Third Contract Amendment APPROVE a third amendment to the CooperaƟve Personnel Services HR ConsulƟng (CPS) contract to amend the scope of services for the Fiscal Year 2023-24 Fire PromoƟonal recruitments and training, and increase the payment limit by $200,000, for a new total contract amount not to exceed $639,080 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

V.6.g Amend PosiƟon Control
ADOPT a resoluƟon to amend staffing and posiƟon control – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

V.7 InformaƟon Technology
V.7.a Proposed Thirteenth Amended Contract with Tyler Technologies for License, Maintenance, Training, and Services
APPROVE an amendment to extend the term to the agreement with Tyler Technologies for SoŌware as a Service (SaaS) for the MUNIS Enterprise Resource Planning (ERP) System for a single extended term of one year, or twelve months, with a not to exceed amount of $672,556 – InformaƟon Technology Department (Sue Hartman 510-620-6874).

V.7.b ResoluƟon Confirming Standing Orders and Outline Agreements for Technology Related on Demand Hardware, SoŌware, and Services from Various Vendors ADOPT a resoluƟon authorizing the Division of InformaƟon Technology to use standing orders/outline agreements for technology related goods and services from pre-approved vendors in support of essenƟal City of Richmond hardware, soŌware, and services, in an amount not to exceed $750,000 per year per vendor for Fiscal Years 2024-2025 through 2027-2028 with review and approval from the City AƩorney’s Office - InformaƟon Technology Department (Sue Hartman 510-620-6874).

V.8 Library and Community Services
V.8.a Sole-Source Contract with Midwest Tape, LLC for Hoopla Service for Library Patrons APPROVE a sole-source contract with Midwest Tape LLC, for an amount not to exceed $30,000, for a three-year term beginning July 1, 2024, and ending June 30, 2027, to provide free access to web-based applicaƟon for e-books and streaming media - Community Services Department (Kate Eppler 510-620-5452/Christopher Larsen 510-620-5524).

V.8.b Sistas on the Links Grant Funds for the Summer Youth Golf Program 218
6 ADOPT a resoluƟon to ACCEPT and APPROPRIATE grant funds in the amount of $3,500 from the Sistas on The Links Golf Club for a summer youth golf program – Community Service Department (LaShonda White/Ranjana Maharaj/TeƩeh Kisseh 510-620-6919).

V.8.c Zumba contract with Oscar I. Solano Jr. Dba ZumbaRico Fitness APPROVE a contract with Oscar I. Solano, Jr. DBA ZumbaRico Fitness, to provide Zumba and Aqua Zumba classes with a term beginning July 2, 2024, through June 30, 2027, in an amount not to exceed $105,000 – Community Services Department (LaShonda White/Ranjana Maharaj/TeƩeh Kisseh 510-620-6919).

V.8.d Sole-Source Contract with Playaway Products LLC APPROVE the sole-source contract with Playaway Products LLC for a term beginning July 1, 2023, and ending June 30, 2026, in an amount not to exceed $20,000 per year and $60,000 over the life of the contract to provide and support Launchpad tablets and Wonderbooks designed for library circulaƟon - Community Services Department (Kate Eppler 510-620-5452/Christopher Larsen 510-620-5524).

V.8.e First Contract Amendment with Jason Corburn for Data Storage and Data Management Services.

APPROVE the first contract amendment with Jason Corburn to provide data storage and processing costs, and a data visualizaƟon tool built exclusively for the Office of Neighborhood Safety, extending the term to June 30, 2026, and increasing the contract amount by $90,000, for a not to exceed total contract amount of $130,000 – Community Services Department (LaShonda White 510-620-6828/Sam Vaughn 510-620-5422).

V.8.f Contract With Folgergraphics Inc. to Print and Mail RecreaƟon AcƟvity Guides APPROVE a contract with FolgerGraphics, Inc., to print two ediƟons of the RecreaƟon AcƟvity Guides annually in Fiscal Years 2024-2025, 2025-2026, and 2026-2027, for a total not to exceed contract amount of $135,000, and for a contract term beginning July 2, 2024, through June 30, 2027 - Community Services Department (LaShonda White 510-620-6828/Ranjana Maharaj 510- 620-6972/Angelica Howay 510-620-6796).

V.8.g Contract with Cheryl Maier
APPROVE a contract with Cheryl Maier to serve as the American Job Centers of California (AJCC) Coordinator for the Richmond Workforce Development Board (RWDB) for a term commencing July 1, 2024, and ending June 30, 2025, for a total compensaƟon amount not to exceed $20,000 – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307- 8006).

V.8.h Contract Amendment with Oakland Private Industry Council to Serve as a ContracƟng/Vendor Pay Agent for the RichmondWORKS Program
APPROVE an amended contract with the Oakland Private Industry Council to provide addiƟonal services as the ContracƟng/Vendor Pay Agent for RichmondWORKS, Workforce InnovaƟon and Opportunity Act (WIOA), and other grant-funded program parƟcipants, increasing the contract payment limit by $280,397, for a total not to exceed amount of $860,306.38, with the term 219
7 ending June 30, 2025 – Community Services Department (LaShonda White 510-620- 6828/Tamara Walker 510-307-8006).

V.8.i Amended Contract with Express Employment Professionals APPROVE an amended contract with Express Employment Professionals to provide as-needed temporary staffing services, increasing the compensaƟon limit by $35,000, for a total compensaƟon amount not to exceed $45,000, and for a term ending December 31, 2024 – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307- 8006).

V.8.j Purchase of Two Ford Transit Vans for the Community Crisis Response Program APPROVE the purchase of two Ford Transit vans for a total cost of $108,200 for the Community Crisis Response Program - Community Services Department (LaShonda White 510-620- 6828/Sam Vaughn 510-620-5404/Michael Romero 510-620-6791/Dee Karnes 510-231-3044).

V.8.k Agreements with LyŌ Inc. and UBER Inc. to Provide TransportaƟon Services to Ambulatory Richmond Paratransit Riders
APPROVE the service agreements with LyŌ, Inc., and UBER Inc. to provide transportaƟon services for ambulatory (non- wheelchair) Paratransit clients in an amount not to exceed $200,000 annually for each vendor, for a three-year term beginning July 1, 2024, and ending June 30, 2027, with an opƟon for two addiƟonal one-year extensions at $200,000 for each opƟon year per vendor – Community Services Department (LaShonda White 510-620-6828/Lori Reese 510-620-6512).

V.9 Mayor's Office
V.9.a Appointment(s) to the Design Review Board
APPOINT Ben Kellman and Bahar Biazar to the Design Review Board, to fill vacant posiƟons, terms expire March 17, 2026 - Mayor’s Office (Mayor Eduardo MarƟnez 510-620-6503).

V.9.b Commission on Aging Appointment
APPOINT Rev. Donna Decamp to the Commission on Aging, to fill an unexpired term, term expires May 19, 2027 - Mayor’s Office (Mayor Eduardo MarƟnez 510-620- 6503).

V.9.c Appointment(s) to the Design Review Board
APPOINT Karlyn Neel to the Design Review Board, filling a vacant posiƟon, term expires March 17, 2026 - Mayor’s Office (Mayor Eduardo MarƟnez 510-620-6503).

V.9.d Appointment of Richmond representaƟve for Public Bank East Bay APPOINT Mayor Eduardo MarƟnez as the Richmond representaƟve to the Public Bank of the East Bay — Mayor's Office (Mayor Eduardo MarƟnez 510-620-6503).

V.10 Police Department
220
8 V.10.a RPD Sole-Source Contract with Veritone for RedacƟon SoŌware as a Service APPROVE the sole-source contract with Veritone for their Redact SoŌware as a Service (SaaS) for a contract amount of $49,500 for the period July 1, 2024, through June 30, 2027 – Police Department (Chief Bisa French 510-621-1802).

V.11 Public Works
V.11.a Piggyback Contract with Angeles Contractor, Inc.

APPROVE an agreement with Angeles Contractor, Inc. in an amount not to exceed $300,000 for a term ending June 7, 2025 – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510-620-6896).

V.11.b Marina Bay Park Computer IrrigaƟon System Upgrade APPROVE a sole-source contract with SiteOne Landscape Supply to upgrade the computer irrigaƟon system at Marina Bay Park, in an amount not to exceed $13,656.23, for a term beginning July 1, 2024, through June 30, 2025; and APPROPRIATE $13,656.23 to account string 11533931-400642 – Public Works Department (Daniel Chavarria/Tawfic Halaby/Greg Hardesty 510-620-6920).

V.11.c Lincoln Elementary SRT ConstrucƟon Contract TerminaƟon LeƩer ADOPT a resoluƟon to terminate a construcƟon contract with Corcus ConstrucƟon, Inc.; DIRECT Public Works staff to rebid the Lincoln Elementary School Safe Route to School Improvement Project CML-5137(055); AND RE-APPROPRIATE funds in the General Capital Fund in the amount of $103,831 and Engineering Grants Fund in the amount of $496,000 in Fiscal Year 2024-25 - Public Works Department (Robert Armijo 510-620-5477/Ken Cheng 510-621-1612).

V.11.d Grant City Manager Authority to Award Traffic Calming Project Bids and Authorize Public Works Director to Approve Change Orders During Council Recess ADOPT a resoluƟon authorizing the city manager to award bids and execute contracts with the lowest responsive and responsible bidder for the Traffic Calming 18 LocaƟons Project up to the budgeted amount of $1.6 million; and AUTHORIZE the Director of Public Works to approve change orders up to 10 percent of the construcƟon costs, provided these change orders remain within the overall project budget - Public Works Department (Daniel Chavarria 510-620-5478/ Robert Armijo 510-620-5477).

V.11.e Proposed Contract Amendment for the Fiscal Year 2024-25 Phase I Grade 5 RAA Sewer Line Replacement and/or RehabilitaƟon of the Sanitary Sewer CollecƟon System as stated in the Baykeeper SeƩlement Agreement
ADOPT a resoluƟon authorizing the issuance of a Task AuthorizaƟon to Veolia Water to manage (on behalf of the City) subcontracts with: APB General Engineering, VW Housen and Questa Engineers to replace and/or rehabilitate addiƟonal sanitary sewer pipelines in the amount of $2,523,963 - Public Works Department (Robert Armijo 510-620-5479/Mary Phelps 510-621- 1269).

V.11.f ResoluƟon Authorizing the City Manager to Execute Recurring Contracts and Agreements 221
9 ADOPT a resoluƟon authorizing the city manager to execute recurring contracts per Fiscal Year, as adopted annually by each governing board (not to exceed) as listed: Contra Costa County - North Richmond Storm Drain Pump StaƟon $75,000, Clean Water Program $385,000; California State Water Resources Control Board - WWTP NaƟonal Pollutant Discharge EliminaƟon System (NPDES) $125,000, City of Richmond Stormwater NPDES permit $40,500, Sanitary Sewer Overflow Waste Discharge Requirement (WDR) Permit $45,500; Other Agencies - West County Agency $850,000, Stege Sanitary District Sewer Use Fees $43,500, Caltrans $125,000, West Contra Costa TransportaƟon Advisory CommiƩee (WCCTAC) $167,000, Contra Costa TransportaƟon Advisory CommiƩee (CCTAC) $27,000 - Public Works Department (Daniel Chavarria 510-621-5478/Mary Phelps 510-621-1269).

V.11.g Contract with Pavement CoaƟngs Co. for the 2024 Slurry Seal Project ADOPT a resoluƟon to AWARD a construcƟon contract to Pavement CoaƟngs Co., the lowest responsive and responsible bidder, for implementaƟon of the 2024 Slurry Seal Project, in the amount of $2,957,767,68; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for up to a fiŌeen-percent contract conƟngency amount of $443,665.15, for a total not-to-exceed contract amount of $3,401,432.83; and APPROPRIATE funds in the amount of $885,431.83 in the Senate Bill 1 Road Maintenance and RehabilitaƟon Act Fund 1019 – Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620-5482).

V.11.h Sole-Source Contract with Schaaf & Wheeler to finish Ferry Point Pump StaƟon project APPROVE a sole-source contract with Schaaf & Wheeler for a total not-to-exceed amount of $50,000 for a term ending on January 1, 2025, to finish the construcƟon-related engineering services for the Ferry Point Pump StaƟon Project – Public Works Department (Daniel Chavarria 510-620-5478/Jeffrey Barich 510-412-2009).

V.11.i Contract with Forster & Kroeger Landscape Maintenance, Inc., for Point Molate vegetaƟon management
APPROVE a six-month contract with Forster & Kroeger Landscape Maintenance, Inc., beginning on July 1, 2024, and ending on December 31, 2024, in an amount not to exceed $45,000 – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).

V.11.j Contract Amendment #2 Ninyo & Moore for Materials TesƟng Services APPROVE a second contract amendment with Ninyo & Moore, in the amount of $500,000, for ‘as-needed’ construcƟon materials tesƟng services, for a new total contract amount not to exceed $1,350,000 – Public Works Department (Daniel Chavarria 510-620-5478/ Jene Levine- Snipes 510-307-8132).

V.11.k Authorize the City Manager to Award and Execute a contract for up to $300,000 for the Storm Drainage Rate Study during the City Council’s recess.

ADOPT a resoluƟon granƟng the city manager the authority to AWARD and EXECUTE a contract to the consultant firm selected by a review panel of City Staff in an amount not to exceed $300,000 - Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620- 5477/Jeffrey Barich 510-412-2009)
222
10 V.11.l ResoluƟon Approving Emergency Contract with Veolia for the Sludge Thickener Project at the Wastewater Treatment Plant
ADOPT a resoluƟon approving the emergency jusƟficaƟon contract for the Sludge Thickener Project located at the Richmond Wastewater Treatment Plant in an amount not to exceed $13,000,000 (construcƟon cost plus 15.25 percent conƟngency) – Public Works Department (Robert Armijo 510-620-5477/Jeffrey Barich 510-412-2009).

V.11.m Sole-Source Contract with Contra Costa Electric APPROVE a sole-source contract with Contra Costa Electric in an amount not to exceed $28,800, including a 20 percent conƟngency, for emergency repair and maintenance of the City Hall backup generator transfer switch, with a one-year term – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510-620-6896).

V.11.n Contract with Hi-Tech Emergency Vehicle Services for Apparatus Repairs APPROVE a three-year contract with Hi-Tech Emergency Vehicle Services for as-needed repairs to police and fire apparatus for an aggregate amount not to exceed $255,000 – Public Works Department (Daniel Chavarria 510-620-5478/Dee Karnes 510-231-3044).

V.11.o Contract with Owen Equipment Sales for As-Needed Repairs APPROVE a three-year contract with Owen Equipment Sales for parts and as-needed repairs, for an aggregate amount not to exceed $120,000 – Public Works Department (Daniel Chavarria 510- 620-5478/Dee Karnes 510-231-3044).

V.12 Rent Program
V.12.a (APPROVED WITH CORRECTIONS) - ResoluƟon Establishing the Fiscal Year 2024-25 ResidenƟal Rental Housing Fee
ADOPT a resoluƟon establishing the Fiscal Year 2024-25 ResidenƟal Rental Housing Fee in the amount of $239 $238 per Controlled Rental Unit, and $136 $135 per ParƟally Covered Rental Unit – Rent Program (Nicolas Traylor 510-620-6564).

RESOLUTIONS and ORDINANCES adopted at this meeting are usually published on the City Clerk’s webpage within 2 weeks following the meeting.

The official MINUTES may take up to 3-4 weeks following the meeting to be published on the City Clerk’s webpage.

The Purchasing Division will accept a printout of this email as proof of contract approval by the RHA/City Council. Please include a copy of this email with your contract package when routing for signature.

Sabrina Lundy
City Clerk’s Office
Direct: (510) 231-3048 | Office: (510) 620-6513 Option 9 Website: www.ci.richmond.ca.us/CityClerk

Please Note: This message is being sent on a public e-mail system and may be subject to disclosure pursuant to the California Public Records Act. The City Clerk’s Department is prohibited from giving legal advice (per California Business and Professions Code 6125). 223
11 224
From: Wilma Wyss Design
To: Winifred Day
Cc: Jordon Nesbitt; Nannette Beacham; Kim Naucler
Subject: Re: FW: City of Richmond Insurance Requirements - Wyss Allen Brothers Date: Monday, March 10, 2025 8:46:24 AM
Attachments: image001.png
This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Dear Winifred,
Good morning. I am writing to inform you of my decision to withdraw from the Allen Brothers project. Due to the extended waiting period for the contract from the City of Richmond, I have been awarded other projects and am no longer able to maintain the necessary space for the Allen Brothers mosaic.

I appreciate the opportunity to have been considered for this project and wish you and your team all the best in its completion.

Regards,
Wilma
Wilma Wyss
Fine Art Mosaics
510-499-5925
[email protected]
http://www.wyssdesign.com
On Mon, Feb 24, 2025 at 6:04 PM Wilma Wyss Design <[email protected]> wrote:

Hello Winifred and Jordon,
I received the information regarding insurance compliance and will forward it to my broker.

Regards,
Wilma
On Mon, Feb 24, 2025 at 5:36 PM Winifred Day <[email protected] >
wrote:

Dear Wilma Wyss Design,

Attached you will find the City of Richmond’s Insurance requirements for the Allen Brothers Facility Mosaic Tile public art commission. Please share it with your broker as it provides all the information your broker will need to ensure compliancy (ex. Who to be listed as additional insurance within the policy documents, general liability coverage limits, Primary & Non-contributory endorsement, etc.)
225

1. Please submit compliant insurance documents to me, Jordon Nesbitt ([email protected]) as well as Project Manager, Winifred Day ([email protected]) no later than March 12, 2025.

2. If compliant Insurance is not received and approved by Risk Management by March 19th, 2025, Project Manager Winifred Day reserves the right to determine how to move the project forward.

Please let me know if you have any questions.

Thank you,

Jordon Nesbitt
226
City of Richmond
Arts & Culture Division
Office: (510) 620-6787

--
Wilma Wyss
Fine Art Mosaics
510-499-5925
[email protected]
http://www.wyssdesign.com
227

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Economic Development
Nannette Beacham
Nannette [email protected]
(510) 620-1306
15866
Hungry Ghost Productions LLC shall design and install a 250-foot linear mural for the Allen Brothers Warehouse, located at 211 W. Cutting Blvd., Richmond, CA.

Hungry Ghost Productions LLC
1117 Mountian Blvd
Oakland, CA 94611
David Burke
(510) 846-5828
[email protected]
40066395
January 1, 2026
December 31, 2026
210,000.00
228

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

Hungry Ghost Productions LLC
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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]:

Hungry Ghost Productions LLC
SEE ATTACHED.
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Mural Proposal Allen Brothers Steak & Seafood Company Richmond CA Team: Hungry Ghost Productions Title: A Visual Song for the People of Richmond Our team is honored and excited to be selected as finalists for the Allen Brothers Steak and Seafood Company Mural project in Richmond California. At this stage of the process, we understand that all the finalists are highly qualified and talented. What makes out team unique? We are an artist run group. Our lead artists have decades of experience of working with community members in cities around the world to create murals that reflect a communal vision and collective voice. For us, the mural is much more than just an image painted on a wall. We are deeply committed to engaging the employees that work at the Allen Brothers site as well as the community members who live and work in the neighborhood. The stories the unfold during the creation of the mural become part of the history of the artwork. We recognize that the success of a public art project often hinges on whether the community not only understands and respects the project, but also sees its stories, values and histories reflected in the piece. One of our strengths lies in bringing people of different backgrounds together to share ideas and develop a design and concept that reflects a communal vision and collective voice. Our team understands the importance of working with clients to create a mural that reflects their vision along with the history and culture of the surrounding community. If selected for the project, we look forward to the next phases of the design development when we can work directly with the Allen Brothers staff to enhance the design. These conversations are critical to refining the design concept and ensuring that the client sees itself reflected in the final artwork. The mural design becomes stronger and more meaningful when our team learns and understands the culture of the company and the people who work there. This project would represent a big milestone for us. We understand how important the project is to the city of Richmond and all the stakeholders involved. Thank you for your consideration. 231
Mural Description
Our goal for the mural design is to capture the beauty of the City of Richmond and the people who live here both past and present. The imagery acknowledges the past and creates a sense of hope for the future. Sustainably sourced seafood is among the many products that Allen Brothers provides to its customers. On the left side of the building, a fisherman prepares his net with a silhouette of the Ferry Point Pier in the background. Historically, the Ferry Point Pier served as a vital transportation hub connecting Richmond to neighboring communities and the San Francisco Bay Area. The pier serves as a reminder of the resilience and strength of the community and the importance of preserving historical landmarks for future generations to appreciate and enjoy. Recent efforts by environmental organizations and community groups have advocated for the restoration of the pier and the surrounding shoreline, promoting habitat conservation and public access to the waterfront. Ohlone tule boats float alongside the modern fishing boat. For thousands of years, indigenous peoples throughout the current-day Bay Area used tule reeds to create a range of tools, clothing, and equipment, including variations of reed boats, mostly used for fishing and transportation. This part of the mural celebrates the history and traditions of the indigenous communities that once lived on this land. 232

Betty Reid Soskins After much research about the history of Richmond, we thought it would be fitting to feature retired Park Ranger Betty Reid Soskins in the mural. She embodies the spirit of resilience, activism, and community engagement that runs deep in the city of Richmond. Through her work at the Rosie the Riveter/World War II National Historical Park, Soskins has shared her experiences of the war years, highlighting the contributions of African American women and challenging historical narratives that overlook their role in the war effort. Beyond her work as a park ranger, Betty Soskins continues to be a prominent voice in Richmond, advocating for social justice, racial equity, and environmental sustainability. 233
Next to Betty Reid Soskins her are two of the female welders from the Kaiser Shipyards in Richmond played a significant role in the wartime industrial effort, demonstrating their skill, resilience, and commitment to the war effort. Their contributions challenged gender norms, broke barriers, and left a legacy that continues to inspire and empower women today. The Richmond sign in the background used to span San Pablo Avenue at the MacDonald Ave intersection in the 1950’s. Beneath the sign are silhouettes of hikers walking along Wildcat Canyon Trail overlooking a vista of the San Francisco Bay. 234
Site 1B:

The imagery in this area celebrates the history of the Japanese American flower growers whose nurseries were in Richmond for almost 100 years. The Sakai’s and the Oishi’s were two of the most prominent families that owned nurseries. Roses and Carnations were two of the staple flowers that many of the families grew. A silhouette of the Sakai’s nursery is in the background. We want to create a peaceful setting where the Allen Brothers staff break area tables will be located.

Debra Koppman is the mosaic tile artist designing the tabletops for the staff seating area. (Examples Below) 235
Additional Area Design Concept: We understand that this wall was not included in the original scope of the project, however we think it would be important to activate the smaller wall to create a more cohesive visual experience.

This wall features Bienvenida Meza, a Richmond resident who has helped run the Verde Partnership Garden for the last 22 years. Her work with Richmond youth for the last two decades, has helped teach them about the importance of respecting nature through gardening and farming. We thought that this would be a nice compliment to the Japanese Flower growers on the opposite wall. 236
Other Notes: Color Palette: For our initial draft of the mural, we liked the way the muted tones of black and white made the colorful areas stand out on the wall. Since we are painting one portion of the building, the grey tones of the mural will complement the rest of the building. Tile Mosaic Tables: We are collaborating with mosaic tiles artist Debra Koppman to create a cohesive concept for the tables and seating area. Design Revisions: Our team understands that our preliminary design proposal would go through a series of revisions based on feedback from all stakeholders in the project. We enjoy the process of working with stakeholders to enhance and elevate the vision for the project. Schedule: Design Revisions: 3-4 weeks • Meet with stakeholders to solicit feedback on the preliminary design. • Prepare and present design revisions for further review. • Submit final design for approval. Site Preparation: 3-5 days • Wall Repair & Cleaning • Priming Design Projection: 1-2 days Painting: 8-10 weeks Clear Coat: 1 day Equipment: • Rolling Aluminum Scaffolding (3) 20’-foot Towers • 35’ Articulating Boom Lift • Temporary Storage Container for Supplies 237
Staffing Lead Artists: David Burke, Joevic Yeban & Pancho Pescador Mosaic Artist: Debbie Koppman Assistants: Pablo Ruiz Documentation: Steve Babuljak Administration: Laura Luempert Main Artist Team David Burke is Oakland based painter who balances his art practice between teaching, mural painting and studio painting. He has committed himself to adding to the rich history of muralism in various cities across the Bay. Burke founded Hungry Ghost Productions in 2015 and created the ongoing Love Letter to Oakland mural series. He has been the art director for the Oakland Superheroes Mural Project in West Oakland since 2012. He was also the co-founder of the Autobody Bridge Program for emerging Bay Area artists. As part of the flagship American Arts Incubator program in 2015, he traveled to Laos where he collaborated with youth and local artists on community-based public art projects that addressed environmental challenges in the region. Over the years he has worked with the US State Department’s Bureau of Educational and Cultural Affairs (ECA), the Alameda County Arts Commission and other local agencies to create community driven public artworks. Burke is currently a part-time instructor at the Academy of Art University in SF and Cal State East Bay. Franz Fischer (aka Pancho Pescador) is a visual artist and photographer from Chile. He immigrated to the Bay Area from Chilé in 1995 and has established himself as one of the preeminent muralists in in the Bay. Soon after his arrival, he began to work on public art projects and developed a passion for street art. Now you can see his numerous murals gracing walls all over the Bay. Pescador became an active member of Community Rejuvenation Project (CRP) in 2010. Together they painted more than 200 murals in the Bay Area, Chicago, Seattle, Germany, Chile, and New Mexico. In 2010, Pescador was invited to Cologne, Germany to paint a large mural with the intention of creating ecological awareness. More recently, he was invited to his home country, Chile, to paint two murals: one with youth in the town of Limache and the other one in the south of the country. His work has been shown and collected in Canada, the U.S., Chile and Germany. Joevic Yeban is a currently a part time instructor at the Academy of Art University in San Francisco. He was born in San Jose, California where he demonstrated an interest in drawing at a young age, influenced by his father’s drawings and sketches. Throughout his teens, Yeban took many art classes offered at his high school and eventually decided to make art his career by enrolling in art school. In 2012, Yeban received his BFA from the Academy of Art University in San Francisco, with a degree in fine arts. His paintings have been part of many group shows in the bay area and in 2012, he was featured in Southwest Art Magazine’s, “emerging artist” issue. Yeban currently paints full time in his studio in Oakland, CA and teaches part-time at The Academy of Art University. Joevic has been working with our team since 2017. His large-scale photorealistic portraits bring an added dimension of humanity to our mural projects. 238
Mosaic Artist Debra Koppman has spent the last eighteen years as a community artist, spending most of her time on the creation of public and private painted and mosaic-tile murals. She has a proven track record of working successfully on the design and implementation of large-scale, exterior, collaborative murals with students, community participants, contractors, administrators, and arts specialists of all ages and ethnic groups. Her special interest is in the design of projects connecting sites to specific histories, cultures, and communities. Her passion and joy is to create lasting and welcoming murals in which community members see themselves reflected. 239
Budget Staff: Lead Artists: $90/hour for 8-10 weeks (x3) $84,000 Mural Assistants (2) $10,000 Sub Total $94,000 Mural Design Revisions $4,500 Administration $4,000 Documentation/Photography $8,000 Image Licensing $3,500 Insurance $3,000 Contingencies 10% $20,000 Sub Total $43,000 Materials: 30 gallons Premium primer $2,000 Premium Mural Paint: Nova Color $13,000 Mural Shield UV & Graffiti Clear Coat: $10,000 Brushes: $2,000 Misc Supplies $5,000 SubTotal $30,000 Equipment: (8-10 weeks) Aluminum Scaffolding (3) Towers $13,000 Boom Lift: $15,000 Storage Container $3,000 SubTotal $31,000 Community Engagement Unveiling Event $5000 Community Painting Event $5000 Sub Total $10,000 Total $210,000 Mosaic Tile $40,000 240
References: a. City of Hayward - 777 B Street Hayward, CA 94541 • Irene Perez: (510) 583-5536 a. [email protected] • Javier Castro: (510)-583-5305 b. [email protected] Description of Services: Our team worked with the City of Hayward and architects to design and execute a mural on the façade of the Matt Jimenez Community Center in South Hayward. The mural is part of a large renovation that will transform the old community center and bring critical services including a pediatric clinic, technology labs, art spaces, childcare and a commercial kitchen. The mural celebrates traditions around food, family, cooking, and farming. b. SWAC Holdings: 850 42nd Ave, Oakland CA 94601 a. Shelly Wong a. (510) 418-2347 b. [email protected] Description of Services: Hungry Ghost Productions works out of the High Street studios run by SWAC Holdings. We worked with the owners of the building to develop and paint the third mural in the Love Letter to Oakland Series. c. Center for Art Esteem: 101Myrtle St. Oakland, CA. 94607 a. Amana Harris a. (510) 395-4772 b. [email protected] Description of Services: David Burke has served as the art director for the Center for Art Esteem for the last ten years. David has organized the artist teams, worked with students at local schools to design the murals, and oversees all elements of the production of the murals. Pancho Pescador was selected to be the lead artist for the 5th and final mural in the Oakland Superheroes series coming in 2025. Joevic Yeban has been a lead assistant for this ongoing mural project. 241
G. Value Added Services • Social Media Promotion and regular updates on our website • QR Code on Wall that will allow viewers to learn more about the mural • Community Painting Day • Public Unveiling Event H. Contractor Assignment of Sub-Contract We do not plan to subcontract any portion of the project. I. Previous Contracts with the City of Richmond Our team was selected as finalists for the Shields Park Mural Project in 2023. J. Exceptions to this Request for Proposals No Exceptions K. Statement of Impartiality and Disclosure We declare that our team is not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. We do have any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project. 242
Thank you considering our proposal. Sincerely, David Burke & the Hungry Ghost Team

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David Burke, Mural Design and Installation - Payment Schedule Project Funded
$210,000.00
Milestone 1 10% Concept Designs 21,000.00$
Deliverable:
- A contract has been executed between David Burke and the City of Richmond for the services detailed in Exhibit A.
- The City of Richmond's Arts & Culture Division has received the completed Concept Designs to be presented to the Richmond Arts and Culture Commission(RACC) and the private developer.

Milestone 2 10% Designs Drawings Accepted 21,000.00$
Deliverable:
- Hungry Ghost Productions' Design Drawings are accepted by the RACC and City of Richmond's Public Works Department.

Milestone 3 20% Start Fabrication 42,000.00$
Deliverable:
- The artist has made the necessary arrangements to be on site. - A project timeline/schedule has been accepted by the Art and Culture Division, dating the time of which Fabrication will begin, when it is expected to be 50% complete, and when it is expected to be 100% completed. - Initial receipts for Fabrication Materials listed in Exhibit A are received by the Arts and Culture Division.

Milestone 4 30% 50% Complete Fabrication 63,000.00$
Deliverable:
- An Inspection by the Arts and Culture Division and RACC Commissioners has confirmed the artwork to be %50 complete.

Milestone 5 20% 100% Complete Fabrication 42,000.00$
Deliverable:
- Mural is sealed, and do not require further services . - An Inspection by the Arts and Culture Division , RACC Commissioners, and appropriate stakeholders have confirmed the artwork to be %100 complete.

Milestone 6 5% Installation Complete 10,500.00$
Deliverable:
- All Remaining Receipts for Fabrication Materials listed in Exhibit A are received by the Arts and Culture Division Manager.
- A Maintenance Plan is provided to Arts and culture Division Manager for the completed artwork
Milestone 7 5% Project Acceptance 10,500.00$
Deliverable:
- RACC to accept or reject the completed artwork as collection piece of the City of Richmond Public Art Inventory.
- A Final Report of the executed contract is provided to the RACC 244 Contract No: ________ For the Contract between the City of Richmond and
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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.

Nannette Beacham
Nannette Beacham
Hungry Ghost Productions LLC
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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: ________________________________________________ Nannette Beacham
Nannette [email protected]
Hungry Ghost Productions LLC
Hungry Ghost Productions LLC
1117 Mountian Blvd
Oakland, CA 94611
[email protected]
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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, Hungry Ghost Productions LLC
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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.

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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 Hungry Ghost Productions LLC
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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 Hungry Ghost Productions LLC
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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 Hungry Ghost Productions LLC
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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 Hungry Ghost Productions LLC
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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, Hungry Ghost Productions LLC
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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EXHIBIT E

SPECIAL CONDITIONS

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

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EXHIBIT F

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

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

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

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

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

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

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

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

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

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

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

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

Additional Insured Endorsement

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 260
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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

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

Subcontractors

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.
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City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

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

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

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

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

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

Cancellation

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

Reporting Requirements

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

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

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EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

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

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

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

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

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

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

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:

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1. 2.

3. Department:

Economic Development

CITY OF RICHMOND

STANDARD CONTRACT
City Project Manager:

Nannette Beacham

PRINT CLEAR FORM
City Project Manager E-mail: City Project Manager Phone No:
nannette _beacham@ci. richmond. ca. us (510) 620-1306
Vendor No: Contract No:
16611
Description of Services:

Debra Koppman to fabricate and install mosaic tabletops for Allen Brothers Warehouse at 211 W. Cutting Blvd.

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

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

Contractor Name: Debra Koppman
Street Address: 2307 Darmuth Street
City, State, Zip Code: Oakland, CA 94602
Contact Person: Debbie Koppman
Telephone: (510) 482-1818 Email: [email protected]
Business License No: 40068489
D A California corporation, D limited liability corporation D general partnership, D limited partnership, a individual, Cl non-profit corporation, � individual dba as [specify:] a other [specify:] _____________ _
Term. The effective date of this Contract is January 1, 2026 December 31, 2026 unless terminated earlier as set forth herein. and terminates
Payment Limit. City's total payments to Contractor under this Contract shall not exceed $40,000.00 ("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.264

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

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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]:

Debra Koppman

SEE ATTACHED
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Debra Koppman
2307 Damuth St.

Oakland, CA 94602
510/482-1818
[email protected]
www.debrakoppman.com
Contractor License #:1133628

Allen Brothers Mosaic Tabletops: Scope of Services

Artist Debra Koppman will create designs for 8 mosaic tabletops to complement final approved designs for the large-scale murals on the adjoining walls.

The mosaic tabletops will be installed on-site by myself, Debra Koppman. I have the necessary CSLB C-54 License, License # 1133628.

The estimated time to install these tabletops will be approximately 20 working days; @ 5 days a week, this will be one month of lapsed time. An exact schedule will depend on design approval, access to site, and other work commitments artist will need to accommodate.

Payment Schedule:

Milestone #1 10% Concept Design
Milestone #2 10% Design Development
Milestone #3 20% Start Fabrication (materials)
Milestone #4 30% 50% Fabrication complete
Milestone #5 20% 100% complete Fabrication
Milestone #6 5% Installation complete
Milestone #7 5% RACC Inspects and Accepts completed project

Plan for disposal of contaminated water:

I use a dry method for the cleaning of grout, and therefore rarely have a situation where I have any contaminated water. In the case that I do have contaminated water, I pour the water into a lidded container, which I carry away with me, to later filter and dispose of safely. I assure you I will not be leaving or dumping contaminated water at the site.

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211 Mosaic Tile Tabletops:

A Visual Song for the People of Richmond

Debra Koppman
[email protected]
510/482-1818
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Concept Designs: Please note – all designs have been created to be viewed equally well from all around the tables, where people will be seated.

Butterflies, embedded in basket-like structures: playing with themes of nature and connection to Ohlone people.

Reference to Ohlone basket, w/ fish in center. Fish playing; reference to Allen Bros.

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Ship theme, tying to shipyards, boating. Playing with an Ohlone basket theme.

Rose and Carnation themes, playing with the history of the Japanese-American nurseries. 270

c. Methodology Section

1) Implementation plan :

The implementation of this plan will be very simple. I will be in close contact with Winifred Day, or whomever I am asked to be in contact with who is administering the project. I will also be in close contact as frequently as needed with my muralist team, specifically with lead artist David Burke. I will be installing the mosaic tabletops on site, one small tile at a time.

2) Detailed project schedule:

I am estimating that each tabletop will take approximately 40 hours to install; this will only be limited by weather conditions and other commitments. Assuming that weather permits, each table would take about one week to install, for a total of 8 weeks. At the point that I am given a start date, I will be able to give a clearer promise as to exact dates of delivery.

3) Installation method:

The installation of 8 mosaic tile tabletops will be very straightforward. I will use my scale drawings to draw the designs directly onto the tabletops. The designs have been created “in the round,” to ensure that they look equally good from all possible seated viewpoints. I will install the mosaics one small tile at a time, a very low-tech process. I will choose my tiles keeping in mind that they will all need to be at the same height; all tiles will be high quality ceramic. I will grout the tables when all the tiling is complete. I will not need any complicated equipment; I will cover the ground and any surrounding surfaces with tarps.

4) Specific tasks I will require from City staff:

I will need access to the site, access to water and a restroom, and ideally, access to some small area to store materials for the duration of the installation.

d. Staffing:

I, Debra Koppman, am the entire Project Team. I will be the tile designer, project manager, project installer, lead and only artist.

I have worked in collaboration with David
Burke and the team of Hungry Ghost to create the 8 tabletop designs; I will be very happy to continue to be in collaboration with this team as we work to create this project.

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Experience of Project Team:

As previously stated, I will be working alone to create and install the 8 mosaic tile tabletops. In all the previous projects I have completed in mosaic tile, I have done all the work, including seeking out the project, project design, project management, and project installation. The only exception to this is in the case of 4 projects I have done for Youth Employment Partnerships in
Oakland, where I am responsible for leading and training a team of 10 teenagers at a time to do the work of installing the mosaic tile; in the case of these projects I have the additional work of directing youth, which is harder than doing the work myself. I have worked creating large- scale mosaic tile installations for the past 12 years.
e. Cost Information

Design Fee $ 5500
Materials:

Tiles: $ 2000
Cement, grout, tarps, tools: $ 400
Insurance: $ 100
Installation (approximately 320 hrs @ $100/hr $32,000

Total Cost: $40,000

f. Value Added Services
I
am very friendly, easy to get along with, and love to talk to any passersby and spectators.
g. Contractor Assignment of Sub-Contract
I will not assign, transfer, or sublet any portion of my contract with the City.

h. Previous Contracts with the City of Richmond
I have not had any previous contracts with the City of Richmond.

i. Exceptions to this Request for Proposals
I do not take exceptions to this RFQ/RFP.

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Debra Koppman
2307 Damuth St.

Oakland, CA 94602
510/482-1818
[email protected]
www.debrakoppman.com
To:

Winifred Day, Arts and Culture Manager
City of Richmond, Arts & Culture Division
450 Civic Center Plaza, #CMO 300
Richmond, CA 94804
[email protected]
510/620-6952
Dear Winifred Day,
Please accept the following application to be considered for the upcoming Public Art Opportunity at the Allen Brothers Steak & Seafood Company. I would like to be considered to design and install the mosaic tile for the 8 tabletops as outlined in the RFP.

I am thrilled to be collaborating with lead artist David Burke and his team, Hungry Ghost to create an uplifting and inspiring environment in and on the exterior space of the Allen Brothers’ Steak and Seafood Warehouse at 211 West Cutting Boulevard in Richmond. My mosaic tabletop designs are directly inspired by Hungry Ghost’s images and the conversations I had with David and Pancho about the points of Richmond’s history which they are honoring and highlighting – the history of the Ohlone people, the story of the Richmond shipyards and the Rosie the Riveter Monument, the fishing, boating, and water sports along the shore and waterways, the story of the Japanese-American nurseries specializing in roses and carnations, the city’s cultural diversity, and the richness of the natural environment.

I have created 8 “in-the-round” designs for 4 square and 4 round picnic tables, playing with and specifically highlighting small details of the very large mural design. I have created several designs which reference the natural world, while pointing to the specific original Ohlone inhabitants: these are 2 interlocking butterfly-basket designs, with 2 more basket-inspired designs, one holding one small fish in its center. I have created 2 images specifically pointing to the rose and carnation nurseries which flourished in Richmond, while again highlighting the natural world. One design specifically plays with the multi-faceted history of shipbuilding, fishing ships, and small vessels found on the waterways, and one image plays with the fish found in the mural connecting to the seafood element of the Allen Brothers Steak and Seafood business.

I am willing to enter into an agreement under the terms and conditions prescribed by the RFP, will fulfill the requested insurance requirements as indicated in Attachment A and will fulfill any additional requirements as indicated in the Sample Service Agreement, Attachment B. 273
b. Background and Project Summary
If chosen for this project, I will be responsible for the on-site installation of 8 mosaic tabletops, to be sited in the staff seating area in front of the main mural at 211 West Cutting Boulevard. I have created my concept designs in collaboration with David Burke and his Hungry Ghost team, playing with and highlighting elements of their design entitled: “A Visual Song for the People of Richmond.”
While inspired by various details of this mural, I am also hoping to help create a lively and uplifting space for the staff and visitors to the facility, and think that the designs will have wide appeal to people of all ages, and from all cultural backgrounds. I have paid attention to multiple Richmond themes embodied in the mural designs, including specific attention to the cultural history of the Ohlone people, the history of Richmond’s shipyards and commercial fishing, and the beautiful natural environment of the land and the waterways, 274

j. Statement of Impartiality and Disclosure
I am not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. I do not have any pending or active investigations or litigation that may affect my reputation or ability to carry out the Project.

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Debbie Koppman, 8 Mosaic Tabletops - Payment Schedule
Project Funded
$40,000.00
Milestone 1 10% Concept Design 4,000.00$
Deliverable:
- A contract has been executed between Debbie Koppman and the City of Richmond for the services detailed in Exhibit A.
- The City of Richmond's Arts & Culture Manager has received completed Designs Drawing to be presented to the Richmond Arts and Culture Commission(RACC) Milestone 2 10% RACC Approved Design Drawings 4,000.00$ Deliverable:
- Debbie Koppman D esign Drawings are "Approved" by the RACC .

Milestone 3 20% Start Fabrication 8,000.00$
Deliverable:
- The artist has made the necessary arrangements to be on site. - A project timeline/schedule has been accepted by the Art and Culture Division Manager, dating the time of which fabrication will begin, when it is expected to be 50% complete, and when it is expected to be 100% completed. - Initial receipts for Fabrication Materials listed in Exhibit A are received by the Arts and Culture Project manager.

Milestone 4 30% 50% Complete Fabrication 12,000.00$
Deliverable:
- An Inspection by the Arts and Culture Manger and RACC Commissioners has confirmed the artwork to be %50 complete.

Milestone 5 20% 100% Complete Fabrication 8,000.00$
Deliverable:
- Mosaic Tabletops are secured, sealed, and do not require further services . - An Inspection by the Arts and Culture Division Manger, RACC Commissioners, and appropriate stakeholders have confirmed the artwork to be %100 complete.

Milestone 6 5% Installation Complete 2,000.00$
Deliverable:
- All Remaining Receipts for Fabrication Materials listed in Exhibit A are received by the Arts and Culture Division Manager.
- A
Maintenance Plan is provided to Arts and culture Division Manager for the completed artwork
Milestone 7 5% Project appetence 2,000.00$
Deliverable:
- RACC to accept or reject the completed artwork as collection piece of the City of Richmond Public Art Inventory.
- A Final Report of the executed contract is provided to the RACC 276
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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.

Debra Koppman
Nannette Beacham
Nannette Beacham
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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: ________________________________________________ Debra Koppman
Nannette Beacham
[email protected]
Debra Koppman
2307 Darmuth Street
Oakland, CA 94602
[email protected]
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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, Debra Koppman
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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.

Debra Koppman
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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 Debra Koppman
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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 Debra Koppman
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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 Debra Koppman
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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 Debra Koppman
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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, Debra Koppman
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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.

Debra Koppman
287
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”):

Debra Koppman
NONE.
288
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
Debra Koppman
289
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page
1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
290
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

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

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

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

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

Additional Insured Endorsement

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 291
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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

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

Subcontractors

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.
292
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

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

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

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

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

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

Cancellation

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

Reporting Requirements

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

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

293
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)
Debra Koppman
294
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:

Debra Koppman
295

(January 6, 2026)
Error! Unknown document property name.

Fire Department

DATE: January 6, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Aaron Osorio, Fire Chief
Rico Rincon, Deputy Fire Chief
Michael Velazquez, Battalion Chief
Subject:

Contract With Jet Dock Systems, Inc. for the Repair and Maintenance of the Fire Department’s Boat Lift
FINANCIAL IMPACT: The proposed total three-year-not-to-exceed cost of $100,000 is included within the approved Fiscal Year
2025-2026 Fire Department budget and will be budget
accordingly in subsequent fiscal years (Account String:
01204022-400501).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Richmond Fire Department’s floating drive-on/drive- off boat lift was installed in 2013 as part of the
department’s fire boat acquisition. Due to wear and tear from continuous use and exposure to marine conditions,
repairs are now required to maintain the structural
integrity of the boat lift.

RECOMMENDED ACTION:

APPROVE a sole-source contract with Jet Dock
Systems, Inc. in an amount not to exceed $100,000, for a three-year contract term effective January 1, 2026,
through January 1, 2029, with two one-year extension
options not to exceed an additional $20,000 per year –
Fire Department (Chief Aaron Osorio 510-307-
8021/Deputy Fire Chief Rico Rincon 510-307-
8041/Battalion Chief Michael Velazquez 510-620-6989).

AGENDA
REPORT
296

(January 6, 2026)
Error! Unknown document property name.

DISCUSSION:

In 2013, the Richmond Fire Department (“Department”) installed a Jet Dock Systems, Inc. floating drive-on/drive-off boat lift as part of its Fire Boat “Victory” acquisition. The Jet Dock provides 270-degree walk-around access, allowing firefighters to quickly access the vessel for rapid deployment while keeping it out of the water. The boat lift now requires repairs due to normal wear from continuous use and exposure to marine conditions.

The Jet Dock Systems, Inc. boat lift installed at Marina Bay Yacht Harbor consists of modular floating platforms that allow vessels to be driven on and off the dock, enabling dry storage when the vessel is not in use. Jet Dock systems are compatible with the specifications of the department’s fire boat and can be reconfigured as vessel change.

In addition, Jet Dock systems are widely used by marine operators due to their durability, low maintenance requirements, and ability to reduce hull corrosion. The following have been key advantages of using the Jet Dock systems:

 Personnel Safety: The walk-around platform reduces the risk of firefighters falling into the water with gear while boarding or exiting the vessel.

 Rapid Deployment: The docking system allows firefighters to deploy the vessel quickly. The fire boat can be deployed within approximately three minutes, a necessity for an efficient and effective emergency response.

 Cost Savings: The City reduces costs for repair and maintenance by storing the fire boat out of the water, reducing the vessel’s continuous exposure to marine conditions. In addition, the walk-around platform allows personnel to safely access the vessel’s hull and other components for inspection and preventative maintenance, eliminating the costs associated with towing the vessel or transporting it to a maintenance facility.

Sole Source Justification

Jet Dock Systems, Inc. is the sole manufacturer of its proprietary docking systems, and there are no equivalent or comparable products that meet the boatlift specifications installed at the Department’s dock (Attachment 1). As such, the vendor does not authorize any other company to service or repair its products. Contracting other vendors 297

(January 6, 2026)
Error! Unknown document property name.
to perform maintenance or repairs on Jet Dock systems may compromise the integrity of the system and render it inoperable if the work fails. The vendor will not service, repair, or support any products that have been modified or worked on by unauthorized parties. Once a Jet Dock system has been altered by another vendor, the vendor will no longer assume responsibility for its functionality or provide any further support.

Recommendation

City staff recommend that the City Council approve a sole source contract with Jet Dock Systems, Inc., in an amount not to exceed $100,000 for a three-year term, with two one- year extension options not to exceed an additional $20,000 per year (Attachment 2).

Approval of this sole source is critical, as only the vendor is authorized to service its own systems. The alternative to this request is for the City to decommission the existing boat lift system, hire a vendor to remove it, then contract a different vendor to install a new dock, and for its ongoing maintenance. This approach would result in significantly higher costs and longer lead times compared to the proposed sole source, which allows for the continued use of the existing Jet Dock system.

SYNERGISTIC POLICIES:

The contract with Jet Dock Systems, Inc. aligns with the goals and priorities set by the City Council to improve public safety and enhance operational efficiency. Using Jet Dock systems not only allows rapid deployment to marine response but also reduces risk of personnel falling into the water when boarding or exiting the vessel. The combination of operational readiness and enhanced personnel safety supports the City’s commitment to protecting both the public and its personnel.

DOCUMENTS ATTACHED:

Attachment 1 – Sole Source Justification Form
Attachment 2 – Standard Contract

298
299
300
Emily
Combs
Digitally signed
by Emily Combs
Date: 2025.11.21
11:26:09 -08'00'
301
302
303
304
305
306
307
CITY OF RICHMONDSTANDARD CONTRACTDepartment: 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 , 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. Citytotal payments to Contractor under this Contract shall not exceed$______________unless a Contract Amendment has beenapproved 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 theoriginal 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 agrees to perform all work at its own cost and expense,to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordancewith 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 PaymentProvisions set forth in Exhibit B, attached hereto and incorporated herein.

FIRE Michael [email protected](510) 620-69899776Provide repair services and maintenance to drive-on/drive-off boat lift.Jet Dock Systems, Inc.9601 Corporate CircleCleveland, Ohio 44125Pete Nuti(216) 525-7233 [email protected]>Ohio CorporationJanuary 1, 2026January 1, 2029100,000.0025-26 60,000.0026-27 20,000.0027-28 20,000.00 308

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 CouncilTreasurer, or Secretary or Assistant Secretary shouldor the City Manager. sign below)By: _________________________ By: ___________________________City Clerk Title: __________________________Date Signed: ____________________Approved as to form:(NOTE: Pursuant to California Corporations Code SectionBy: _________________________313, if Contractor is a corporation or nonprofit organization,City Attorneythis Contract (1) must be signedby (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 APayment Provisions Exhibit BAuthorized Representatives and Notices Exhibit CGeneral Conditions Exhibit DSpecial Conditions Exhibit EInsurance Provisions Exhibit FSanctuary City Compliance Statement Exhibit G 309
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT ASERVICE PLANContractor 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]:
310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2016 Jet Dock Systems, Inc.

QUOTE for Richmond Fire DeptOrderID 11/22/25 6:22:14 PM From Systems, Inc. Mailing: Richmond Fire Dept Shipping: Richmond Fire Dept Pete Nuti 9601 Corporate Circle Cleveland, OH 44125 Ph: 216.525.7233 [email protected] Mike Velazquez Mike Velazquez 440 Civic Center Plaza Suite 200, 1340 Marina Way S Richmond, CA 94804 Richmond , CA, 94804 Home: Site: (510) 685-8335 1 877 GSA DOCK GSA Contract - 47QSWA24D000G Work: (925) 408-6449 Cell: (510) 685-8335 Wk Fax: E-Mail: [email protected] Description Item Code Qty MA Price Sell Price Total CUBE -LARGE (BLACK) - REPLACEMENT MODULES C000000001 12 1 $135.00 $114.26 $1,371.12 CUBE -SMALL (BLACK) - REPLACEMENT MODULES C000000002 6 1 $135.00 $114.26 $685.56 BOAT CLASS WINCH w/HANDLE, COVER, LINE & MTG HARDWARE A000000412 1 0 $198.99 $168.41 $168.41 POWERHEAD - 2 HO MOTOR - 2 VALVE - 110v - 30amp K00000068155 1 $2,350.00 $2,162.00 $2,162.00 12MA -PGB - 8 - 36" PONTOON - ANODES BOTH SIDE OF BEAM K000000884 2 0 $2,376.00 $2,118.65 $4,237.30 12MA -SSB - 8 - 36" PONTOON - ANODES BOTH SIDE OF BEAM K000000883 4 0 $1,520.00 $1,355.36 $5,421.44 PSAP -ALUM BEAM HRDWR KIT (4 - 12.5" & 2 - 14" CONNECTION) A0000009128 6 0 $166.95 $148.87 $893.22 FASTENER - 4 TAB SPECIAL - STRB BEAM - OPEN MARKET K000000104 36 0 $16.50 $12.04 $433.44 FASTENER - TUCK POINT - (NUT & BOLT ASSEMBLY) - OPEN MARKET K000000102 6 $16.50 $12.04 $72.24 INNER BUNK HARDWARE SET - PSAP DOCK A0000009061 2 0 $41.37 $36.89 $73.78 PSAP -PONTOON STRAPS & HARDWARE - LIFTING EYES (36") A0000009611 1 0 $1,091.42 $973.20 $973.20 PSAP & RBC - 40' LONG EXTERIOR HOSE K000000233 2 $167.64 $149.48 $298.96 POWERHEAD - HO MOTOR 110v K0000006525 2 $250.00 $230.00 $460.00 PSAP -ICS - 53.50" (+0.00/-0.125") - 3ma K000000895 6 0 $242.00 $215.79 $1,294.74 PSAP -ICS - 34" (+0.00/-0.125") - 2ma K000000894 2 0 $181.50 $161.84 $323.68 PSAP -ICS - 17" - 1ma K000000892 2 0 $95.70 $85.33 $170.66 PSAP -DIRECT SUPPORT SYSTEM (FOR ONE BEAM SEAM) A000000970 6 0 $20.58 $18.35 $110.10 DELUXE FENDER MOORING SYSTEM - 2 FENDERS w/4 LINE KITS A000000207 2 0 $495.00 $369.07 $738.14 SITE EXECUTION - REMOVE/DISASSEMBLE/REHAB/REASSEBLE/LAUNCH/MOOR/TRAINING - OPEN MARKET A0000OH560 1 0 $14,272.50 $14,272.50 $14,272.50 PROJECT EXECUTION - ADMISTRATIVE/LEGAL/R&D/ENGINEERING/MANUFACTURING/PROJECT MANGEMENT - OPEN MARKET A0000OH561 1 0 $2,711.50 $2,711.50 $2,711.50 FORKLIFT - RENTAL - OPEN MARKET TMP00000041 1 0 $1,850.00 $1,850.00 $1,850.00 DUMPSTER - RENTAL (AT CUSTOMER SITE) - OPEN MARKET TMP00000042 1 0 $1,575.00 $1,575.00 $1,575.00 ANODE -(SALT AND BRACKISH WATER) - 2.84" (2 discs w/ hrdwr) C000000230 12 0 $19.97 $14.89 $178.68 SACRIFICIAL ANODES REQ'D ON BEAM. WRRTY VOID IF NOT MAINTAIN - OPEN MARKET C0000002303 1 $0.00 $0.00 $0.00 Total MA 18 TOTAL CHARGES $40,475.67 TOTAL ADJUSTMENTS $0.00 SUB TOTAL $40,475.67 0.00% TAX $0.00 0.00% SURTAX $0.00 SHIPPING & HANDLING $7,250.00 FINAL TOTAL $47,725.67 LESS DEPOSIT $0.00 BALANCE $47,725.67 Payment Options Card Holder: Credit Card Type: Purchase Order Card Number: Expiration Date: Pin Code: Billing Address: Same as Shipping to the Invoice and Terms and Conditions. I authorize any outstanding balance to be billed to my credit card. Signature: Date: JET DOCK Sales Advisor: Pete Nuti Origin: Ohio Freight Carrier: Dedicated Carrier JET DOCK Promotional Source: Existing Customer Delivery Method: Install IBF: $0.00 Contact Create Date: 1/28/2015 2:19:42 PM Ship/Pick-up Date: 6-8 Weeks from Production Contact Sol. Cust. ID: RIC149 Quote ID : 39459 Install Date Range: - (Where practical by JDSI) Notes to Accounting: PURCHASE ORDER - NET 45 FROM COMPLETION Notes to Production: SITE SURVEY FOR DOCK OPERATION PARTIALY REVIEWED WHILE REVIEWING CA FISH AND WILDLIFE MOOSE BOAT DOCK - JK AND PAN REVIEWED DOCK AND NO ANODES WERE VISIBLE OR INTACT HENCE DEGRADATION OF ALL BEAMS WAS SEEN, SEPERATION AND DEFLECTION ON ALL BEAMS. PONTOONS TO BE TESTED ONSITE UPON REMOVAL FROM WATER, POTENTIAL FOR PONTOON REPLACEMENT EXISTS, SECONDARY CONTRACT AND DELAYED REPAIR TIMING IF PONTOONS ARE FOUND TO BE IN FAILURE - DOCK CAN BE REVIEWED FURTHER WHILE CONDUCTING CA FISH AND WILDLIFE REHAB. CURRENT 2025 STANDARD DEPLOYED FOR REHAB - 110V 30AMP SERVICE FOR POWERHEAD UNIT - ALL BEAMS REPLACED ALONG WITH INNER BUNK HARDWARE AND MODIFIED INNER BUNKS ON SITE. ANODES TO BE INSTALLED ON BOTH PORT AND STARBOARD SIDES OF ALL BEAMS. SOME MODULES WILL BE REPLACED AND RE-COMPRIMISED - ADDITONAL MODULES MAY BE NEEDED AND CAN BE ADDED ON SECONDARY CONTRACT - PROJECT RESIDUE DISPOSED BY JDSI AND DUMPSTERS - RAMP AND WASHOUT AREA TO BE UTILIZED FOR REHAB OF DOCK. RICHMOND FIRE TO TOW DOCK TO RAMP FOR REMOVAL AND REHAB - RETURN TOW FROM RAMP TO SLIP FOR RE-MOORING AND FINAL CALIBRATION. 6-8 WEEKS INSTALL TIMING PENDING ANY SUPPLY CHAIN ISSUES JET DOCK SYSTEMS, INC WILL ALSO EXTEND A 5-YEAR WARRANTY ON THE METAL SUPPORT BEAMS AND PONTOONS FOR AIRLIFT DOCKS, A 1-YEAR WARRANTY ON THE AIRLIFT POWERHEAD SYSTMES INCLDING PUMP AND HOSEES. Notes to Customer: SEE ACCOUTNING, PRODUCTION, CUSTOMER AND SITE NOTES Exhibit A-1
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WORK ORDER For Production Use Only Richmond Fire DeptOrderID 11/22/2025 6:22:14 PM Shipping: Richmond Fire Dept Site: (510) 685-8335 Home: Chief Mike Velazquez Cell: (510) 685-8335 Home Fax: 1340 Marina Way S Work: (925) 408-6449 E-Mail: [email protected] Richmond , CA 94804 Work Fax E-Mail 2: Notes to Accounting: Notes to Production: Notes to Customer: PURCHASE ORDER - NET 45 FROM COMPLETION SITE SURVEY FOR DOCK OPERATION PARTIALY REVIEWED WHILE REVIEWING CA FISH AND WILDLIFE MOOSE BOAT DOCK - JK AND PAN REVIEWED DOCK AND NO ANODES WERE VISIBLE OR INTACT HENCE DEGRADATION OF ALL BEAMS WAS SEEN, SEPERATION AND DEFLECTION ON ALL BEAMS. PONTOONS TO BE TESTED ONSITE UPON REMOVAL FROM WATER, POTENTIAL FOR PONTOON REPLACEMENT EXISTS, SECONDARY CONTRACT AND DELAYED REPAIR TIMING IF PONTOONS ARE FOUND TO BE IN FAILURE - DOCK CAN BE REVIEWED FURTHER WHILE CONDUCTING CA FISH AND WILDLIFE REHAB. CURRENT 2025 STANDARD DEPLOYED FOR REHAB - 110V 30AMP SERVICE FOR POWERHEAD UNIT - ALL BEAMS REPLACED ALONG WITH INNER BUNK HARDWARE AND MODIFIED INNER BUNKS ON SITE. ANODES TO BE INSTALLED ON BOTH PORT AND STARBOARD SIDES OF ALL BEAMS. SOME MODULES WILL BE REPLACED AND RE-COMPRIMISED - ADDITONAL MODULES MAY BE NEEDED AND CAN BE ADDED ON SECONDARY CONTRACT - PROJECT RESIDUE DISPOSED BY JDSI AND DUMPSTERS - RAMP AND WASHOUT AREA TO BE UTILIZED FOR REHAB OF DOCK. RICHMOND FIRE TO TOW DOCK TO RAMP FOR REMOVAL AND REHAB - RETURN TOW FROM RAMP TO SLIP FOR RE-MOORING AND FINAL CALIBRATION. 6-8 WEEKS INSTALL TIMING PENDING ANY SUPPLY CHAIN ISSUES JET DOCK SYSTEMS, INC WILL ALSO EXTEND A 5-YEAR WARRANTY ON THE METAL SUPPORT BEAMS AND PONTOONS FOR AIRLIFT DOCKS, A 1-YEAR WARRANTY ON THE AIRLIFT POWERHEAD SYSTMES INCLDING PUMP AND HOSEES.

SEE ACCOUTNING, PRODUCTION, CUSTOMER AND SITE NOTES
Site Details: DOCK MOORED TO FLOATING DOCK WITH FENDERS AND IN DECK MOORING - SAME AS CA FISH AND WILDLIFE - 2 SLIPS DOWN FROM CA FISH AND WILDLIFE JET DOCK Sales Advisor: Pete Nuti Origin: Ohio Freight Carrier: Dedicated Carrier JET DOCK Promotional Source: Existing Customer Delivery Method: Install Freight Charge:7250.0000 Ship/Pick-up Date: 6-8 Weeks from Production Contact Est. Install Date Range: - * Order ID: 40475.6700%#%14272.50 * Where practical by JDSI Description Item Code Qty MA Recv'd CUBE -LARGE (BLACK) - REPLACEMENT MODULES C000000001 12 1 CUBE -SMALL (BLACK) - REPLACEMENT MODULES C000000002 6 1 BOAT CLASS WINCH w/HANDLE, COVER, LINE & MTG HARDWARE A000000412 1 0 POWERHEAD -2 HO MOTOR - 2 VALVE - 110v - 30amp K00000068155 1 12MA -PGB - 8 - 36" PONTOON - ANODES BOTH SIDE OF BEAM K000000884 2 0 12MA -SSB -8 - 36" PONTOON - ANODES BOTH SIDE OF BEAM K000000883 4 0 PSAP -ALUM BEAM HRDWR KIT (4 - 12.5" & 2 - 14" CONNECTION) A0000009128 6 0 FASTENER - 4 TAB SPECIAL - STRB BEAM - OPEN MARKET K000000104 36 0 FASTENER - TUCK POINT - (NUT & BOLT ASSEMBLY) - OPEN MARKET K000000102 6 INNER BUNK HARDWARE SET - PSAP DOCK A0000009061 2 0 PSAP -PONTOON STRAPS & HARDWARE - LIFTING EYES (36") A0000009611 1 0 PSAP & RBC - 40' LONG EXTERIOR HOSE K000000233 2 POWERHEAD -HO MOTOR 110v K0000006525 2 PSAP -ICS -53.50" (+0.00/-0.125") - 3ma K000000895 6 0 PSAP -ICS -34" (+0.00/-0.125") - 2ma K000000894 2 0 PSAP -ICS -17" - 1ma K000000892 2 0 PSAP -DIRECT SUPPORT SYSTEM (FOR ONE BEAM SEAM) A000000970 6 0 DELUXE FENDER MOORING SYSTEM - 2 FENDERS w/4 LINE KITS A000000207 2 0 SITE EXECUTION - REMOVE/DISASSEMBLE/REHAB/REASSEBLE/LAUNCH/MOOR/TRAINING - OPEN MARKET A0000OH560 1 0 PROJECT EXECUTION - ADMISTRATIVE/LEGAL/R&D/ENGINEERING/MANUFACTURING/PROJECT MANGEMENT - OPEN MARKET A0000OH561 1 0 FORKLIFT -RENTAL - OPEN MARKET TMP00000041 1 0 DUMPSTER - RENTAL (AT CUSTOMER SITE) - OPEN MARKET TMP00000042 1 0 ANODE - (SALT AND BRACKISH WATER) - 2.84" (2 discs w/ hrdwr) C000000230 12 0 SACRIFICIAL ANODES REQ'D ON BEAM. WRRTY VOID IF NOT MAINTAIN - OPEN MARKET C0000002303 1 Total MA 18 For Installed Orders and Orders Delivered by JDSI Directly Please acknowledge that you have received all of the above listed material, or that any discrepancies have been noted above and discussed with your JDSI representative on-site. Any remaining materials will need to be disposed of by the customer for installation orders. Customer Date Exhibit A-1
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Alternate launch/off load location if needed: 110V 30 AMP SERVICE ON SITE Customer Site & Craft Specifications ChecklistCustomer Name: Richmond Fire DeptCraft Information: Make Model Year Craft Type Length Beam Weight Bottom Paint Obstruction Over 30 HP FOR ALL ORDERS BEING INSTALLED BY JDSI, CUSTOMER AND OPERATIONALCRAFT MUST BE AVAILABLE JDSI WILL PERFORM SYSTEM TRAINING IMMEDIATELY FOLLOWING INSTALLATION COMPLETION; TO BE ½ DAY PER 2 BOAT DOCKING SYSTEM Scheduling Point of Contact: Work Hours JDSI Permitted to Work On-Site: Primary: Monday thru Friday Secondary: Saturday and Sunday - On-Site Point of Contact: Work Hours Customer Staff to be Available for Assistance and/or Training: Primary: Monday thru Friday Secondary: Saturday and Sunday - JDSI Clearance/Authorization to Obtain Site Access: Items to Discuss with Customer: System: Dock Operation: Maintenance: Winch System Was Drive-on Discussed? Winch Maintenance Winch Launch System Was Launch Discussed? Line Maintenance Buoyancy Beam Keeping the Jet Dock Clean Mooring Customer Signature _________________________ I certify that the above information is correct Date ___________________________ Existing Customer Dock or Seawall (A): Structure Jet Dock will attach to: Concrete Existing structure material: Floating Attach Tide Manager Bracket to (B): Floating Dock Site Measurements: Standard Water/Tidal Fluctuation: 3 - 5 ft Extreme Water/Tidal Fluctuation: Water Depth at High Water at Bow of Jet Dock (C): Over 5Ft. Water Depth at Low Water at Stern of Jet Dock (E): Over 6Ft. Height above High Water to Connection Point (D):0 - 9 IN (Fenders Possibly Needed) Site Conditions: Max. Wave/Wake/Surge Action: 0 - 1Ft. 0 - 10% of the time (Customer is aware that wave conditions over 3 ft are excessive and damage to dock and/or craft are more likely and accepts responsibility) Seafloor Composition (F): Large Rocks, Mud Does water ever go above Connection Point (B)?: No Positioning of Jet Dock: PerpendicularAdditional Site Information for PSAP Electric available at site: Yes - 10 - 2o Ft Voltage: 110 Volts Amps: >20 Amps Water available at site: Boat Ramp to launch dock? >20 Amps Distance to Boat Ramp: 0 - 500 ft Tow provided to site: Crane Provided: Assistance Provided:

Exhibit A-1
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2016 Jet Dock Systems, Inc. regarding the Jet Dock floating drive-1.Safe and Proper Operation:You are responsible for the safe and proper operation of the Jet Dock, and will provide instruction (including a copy of the Instructions) for operation by others. You are solely responsible to determine the feasibility and safety of dry-docking the cra-weight back during a pwc drive-ent as to acceleration, size, weight, etc. Practice is essential. Bottom painted or fouled hulls must be sanded smooth. 2. Idle Approach/Safety Pause: You agree to: a) approach the Jet Dock at 2 mph or less; b) never drive-on while a person is standing on the Jet Dock; and c) perform -on. 3. Determination of Safe Drive-on: If safe and proper drive-on is not feasible due to operator capability, weather conditions, craft operation, etc., You agree not to drive-on. You will exercise caution when launching craft and acknowledge that launching requires physical aptitude and dexterity. You agree to launch the craft only if you possess such abilities, and assume all responsibility therefore, and are responsible to determine such ability in others. You agree to read and follow launch instructions in Customer must maintain all decals and contact Jet Dock for replacements as needed. 4. Damage to Craft: We cannot supervise the operation of your craft in the waterways, during trailering or while driving on the Jet Dock. We also cannot control inconsistencies and inadequacies of watercraft hull integrity, or the effects that wind or wave action may have on the Jet Dock or craft. Therefore, you agree that we are not responsible for abrasions, damage or chipping to craft due to improper operation, failure to keep the Jet Dock clean of dirt, sand, salt deposits or debris, or for any other reason, nor for any superficial scratches or marks of any kind. 5. Night Storage Position: aft is above contact with the water. We are not responsible for marine growth or corrosion that may occur to craft by improper storage or failure to inspect the stern for marine exposure. A secondary tension relief line may be necessary to secure craft depending upon site conditions. 6. Safe Mooring: You are solely responsible for the safe mooring of the Jet Dock, including the Tide Manager System, and agree to frequently secure, maintain, inspect or repair the mooring. For Stand-Alone Mooring Systems, we will provide guidelines for maximum water depth and sea-floor penetration. However, due to different sea-floor compositions, fluctuating water levels, waves, and changing watercraft applications, you remain solely responsible for Stand-Alone moorings. 7. Sound Mooring Structure: You are solely responsible to verify the structural integrity of the structure to which the Jet Dock mooring is attached. Your structure will be exposed to substantial forces during drive-on, and must exhibit sufficient structural integrity to withstand these forces. You agree to choose and maintain structures which possess sufficient structural integrity to sustain the combined mass of the Dock, craft on the Dock, craft tied about the perimeter of the Dock, craft driving on the Dock, and/or any combination thereof. Failure to select, inspect and/or maintain the appropriate mooring structure can result in sudden failure of equipment, property damage and/or serious injury or death. 8. Improper Use: The Jet Dock and Tide Manager are intended for the original specified craft(s) only. Driving-on larger, heavier or otherwise unsuitable craft may cause damage to the Jet Dock, mooring or craft itself. Consult us for modification suggestions. We are not responsible for damage to craft or the Jet Dock or other property or injury or death to you or others by the use of any Jet Dock which has been altered, redesigned, abused or misused by you or others. 9. Ice: Ice will not normally harm the Jet Dock when the Jet Dock can rest freely away from obstructions. However; moving ice may damage or tear away the Jet Dock. When in question, store the Jet Dock on land during winter. Ice may also damage or destroy rigid moorings like the Tide Manager. It is recommended that craft and rigid moorings be removed and safely stored on land from any Jet Dock that is intended to be iced in. 10. Footwear: The Jet Dock drive-on systems may become hot when exposed to the sun. Footwear must be worn. Avoid skin contact with drive-on systems. 11. Traverse with Caution: The Jet Dock is engineered with openings, cradles, ramps, flex points, perimeters and multi-level fluctuation. You agree to use caution and to wear an approved Personal Floatation Device at all times while on the Jet Dock and agree to require the same of others. 12. Fueling on or from the Jet Dock material: Fueling and/or working with flammable materials on or from the Jet Dock is not recommended and the customer assumes all risks. 13. Regulations / Insurances: You are responsible to obtain the required permits, variances, registrations and/or approvals for the Jet Dock, if any, and agree to comply with all regulations. We carry insurances which are normal and customary in the industry. You will be responsible for costs associated with excess premiums for any insurances which you require of us which are beyond the standard limits that are currently in effect. 14. Handling on Land/ Non-buoyant Cubes: The Jet Dock has its greatest structural integrity while in the water. You are responsible for any damage to the Jet Dock while launching, removing, dragging, bending or stacking of the Jet Dock when out of the water. The tracking cubes, ballast cubes, winch cubes, and keel deflection cubes are pre-drilled and are not intended to provide buoyancy. 15. Wind, Waves, etc: We are not responsible for damage to the Jet Dock, mooring or craft due to winds, waves, wakes, high, low or no-water conditions, etc. You should remove and land-store craft and spring-tie the Jet Dock freely, or remove them from the water when such conditions are imminent. 16. Warranty: The Jet Dock is sold upon the standard Warranty and subject to the limitations and exclusions specified thereon. You acknowledge receipt of the Warranty, Owners Manual, Product Video, and the Assembly and Installation Instructions. You agree to allow us to use photographs of the installation for literature and publication. 17. Returns: ustment fee plus full cost of all non-stock itemsto be borne by you. Contact Dealer for returns procedure. Items which CANNOT be authorized for return: used items, items placed in the water, items which you have had for 30 days or more, e orders or non-stock items, air-assisted systems, and items which have been damaged by a freight company and said damage was not noted on the freight bill. Coordination with the freight company, off-loading and movement of shipped Docks are your responsibility. Docks shipped to you immediately become the responsibility of and owned by you and cannot be refused or returned without triggering this Returns provision. 18. Checklist; Site Conditions. You certify that the information contained in the Customer Site and Craft Specifications Checklist is accurate. You are aware of the dimensions of the Jet Dock system and confirm that the system will fit in the intended mooring location completely unobstructed as to: a) the moored position of the Jet Dock, b) the drive-on of the craft with sufficient ingress, and c) the launch of the craft with sufficient egress. You are responsible for costs, damages and/or cancellation charges associated with inaccurate Checklist information or site incompatibility, and/or unavailable or inoperable watercraft, personnel or equipment as agreed. Customer agrees to be available any time during the stated installation time frame with 72 hrs notice, if not, installation timing at dealer discretion. You also hold us harmless for any damage caused in connection with moving watercraft, docks or any other objects necessary to perform your Contract. 19. Whole Agreement / Governing Law. You agree that this written contract constitutes the entire agreement between the parties and that no other verbal Manual etc., are being relied upon by you. This Agreement shall be governed by and construed under the domestic laws of the State of Ohio, non-exclusive of its conflict or choice of law rules that would otherwise be applicable. The state or federal courts in Cleveland, Ohio shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. is a trademark of Jet Dock Systems, Incorporated. __X______________________________________________________________________ I have read and agree the Terms and Conditions of this Contract Exhibit A-1
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Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT BPAYMENT PROVISIONS1. 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 Citypayments service/provider. 2. SUBMISSION OF INVOICES:Contractor shall submit timely invoices by email to [email protected]/or to the following address:Attention: City of Richmond Finance/Account Payable Project Manager: _______________________ P.O. Box 4046Richmond, 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 Citysatisfaction. 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.

Michael VelazquezMichael Velazquez
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Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT CAUTHORIZED REPRESENTATIVES AND NOTICES1. 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 confirmationrequested from the U.S. postal service; or (iii) sent by overnight or same day courier2. 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 afternotice is deposited in the U.S. mail or with a courier service in the mannerdescribed above (Sundays and City holidays excepted).3. Either party may, at any time, change its notice address (other than to a post officebox address) by giving the other party three (3) days prior written notice of the newaddress.4. All notices, demands, requests, or approvals from Contractor to the City shall beaddressed to the City at:City of Richmond 450 Civic Center PlazaRichmond, CA 94804Email: ________________________________________________5. All notices, demands, requests, or approvals from the City to Contractorshall be addressed to Contractor at:Email: ________________________________________________ Michael [email protected] Dock Systems, Inc.9601 Corporate CircleCleveland, Ohio [email protected]> 316
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT DGENERAL CONDITIONS1. 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 tcompensation 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: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, 317
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 ContractorContract, 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 Recordsb. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractorshall 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. 318
Contract No: ________ For the Contract between the City of Richmond and _____________________________c. If supplemental examination or audit of the Records is necessary due to 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 Contractand 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 .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 thisContract. 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 319
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, against any and all loss, damages, liability, obligations, claims, suits, judgments, costs arising from or in any manner connected to Contractortions 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 320
Contract No: ________ For the Contract between the City of Richmond and _____________________________money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub-contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-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--Contractors hired by Contractor agree tobe bound to Contractor and the City in the same manner and to the same extent as 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 321
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 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 Contractorlved in the incident; (iii) name and address of Contractorthe incident; and (v) a police report.c. Contractor acknowledges that the City shall have the right to impose, at the 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. Contractort, records to demonstrate Contractor14. 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. 322
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.Violence in the Workplace Policy and the Policy Against Workplace Harassment, are 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 isprevented 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 323
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 totransfer 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, 324
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 Contraperformance, or payment therefore, or any combination of these acts, shall not relieve the 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 submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 325
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT ESPECIAL CONDITIONSThe General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state ):Jet Dock Systems, Inc.The contract is eligible for up to two (2) additional one (1) year extensions at the mutual option of the parties if it is deemed to be in the best interests of the City, as stipulated in Richmond Municipal Code Section 2.52.370(b). Each extension shall not to exceed an additional $20,000 per year for the extended term. 326
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT FINSURANCE PROVISIONSCHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCEREQUIREMENTS FOR THIS CONTRACT.1. CERTIFICATES: Before the commencement of the terms of this Contract, and duringthe entire term of this Contract and any extension or modification thereof, Contractorof operations covered, effective dates and dates of expiration of insurance coverage incompliance with coverage requirements set forth by the City and incorporated herein.Such certificates, which do not limit Contractorsubstantially the following statement:be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) Richmond. Contractor shall maintain in force at all times during the performance of this Contractall 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 least BBB unless otherwise acceptable to the City. Contractor shall deliver updatedinsurance certificates to the City at the address set forth in Exhibit C prior to theexpiration 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 theinsurance certificates.2. COVERAGE REQUIREMENTS:depend upon thetype of service being provided and/or the provider. will fall into one of the following categories (unless otherwise provided by the City):Consultants and Contractors Type 1Professional Services Type 2Environmental Risk/Hazardous Waste Material Type 3Lease of City Property Type 4Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations Type 5Transportation Providers Type 6Professional Services Pyrotechnics Type 7Cyber and I.T. Risks Type 8 Jet Dock Systems, Inc.
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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.FAILURE TO SECURE: If Contractor at any time during the term hereof should fail tosecure or maintain the foregoing insurance, the City shall be permitted to obtain suchinsurance in ContractorContractor and shall becompensated by Contractor for the costs of the insurance premiums at the maximumrate permitted by law and computed from the date written notice is received that thepremiums have not been paid.SUFFICIENCY OF INSURANCE: The insurance limits required by the City are notrepresented as being sufficient to protect Contractor. Contractor is advised to consultcoverage and limits shall be (1) the minimum coverage and limits specified in thisContract; or (2) the broader coverage and maximum limits of the coverage carried byor available to Contractor; whichever is greater.INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT:(IF NECESSARY, CONFIRM WITH RISK MANAGER) Jet Dock Systems, Inc.
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___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements – Type 1: Consultants and Contractors Type 1 – Page 1 of 4 Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits. CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors.Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work. Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR. Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following: 1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations. 2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto) 3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language. 4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage. 5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance. 6.Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property) 7. Contractor’s Pollution Liability (if applicable for Construction Contractors)Required Coverage Minimum Limits Workers’ Compensation and Employers’ LiabilityStatutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and Self-Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at: http://www.ci.richmond.ca.us/index.aspx?nid=61. 329
___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements – Type 1: Consultants and Contractors Type 1 – Page 2 of 4 Revised: September 2011
PROJECT COST REQUIRED LIMIT$0 - $5 million $2 million p/o $5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability (primary and excess limits combined) Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property). If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit). Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below. Automobile Liability $1,000,000 per occurrence for bodily injury and property damage. Builders’ Risk/Course of Construction – Covers property under construction, repair or renovation as well as equipment and materials to be installed. (Only required for Construction Projects involving property andequipment installation.) Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site. The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (ifapplicable)Protects against: unexpected/unintended release of pollution resulting from contractors covered operations such as: HVAC, paving, carpentry, pipeline & tank installation, drillers, remediation contractors, maintenance, mechanical, demolition, excavation, grading, street/road construction, residential & commercial builders.Same limits as General Liability. Required Policy Conditions A. M. Best Rating A:VII or Better.If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.Additional Insured Endorsement Applicable to General Liability Coverage. The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract. ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 330
___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements – Type 1: Consultants and Contractors Type 1 – Page 3 of 4 Revised: September 2011
Additional Insured Endorsement (continued) SAMPLE Endorsements can be found athttp://www.ci.richmond.ca.us/index.aspx?nid=61Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. Waiver of Subrogation Endorsement Form Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract. SAMPLE Endorsements can be found at http://www.ci.richmond.ca.us/index.aspx?nid=61Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses. Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss. Loss Payable Endorsement (only required when Builder’s Risk and/or Course of Construction Insurance is required.)Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee. SURETY BONDS (If a Public Works/Engineering Project)The Contractor shall provide: 1. A Bid bond 2. A Performance Bond 3.A Payment BondUmbrella/Excess Liability Policies If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.Claims-Made Policies If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. Subcontractors 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. 331
___ Exhibit F ___ Section 8 City of Richmond - Insurance Requirements – Type 1: Consultants and Contractors Type 1 – Page 4 of 4 Revised: September 2011
Verification of Coverage All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time. Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond. Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed. Continuous Coverage CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate. If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager. Cancellation CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City. Reporting Requirements Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Consistent with Public Policy The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable. 332
Contract No: ________ For the Contract between the City of Richmond and _____________________________EXHIBIT GSANCTUARY CITY COMPLIANCE STATEMENTThe undersigned,(hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" orSCC).Contractor understands and agrees that the City may choose with whom it will maintain businessrelations and may refrain from contracting with any person or entity that provides Data Broker orExtreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the UnitedStates Department of Homeland Security (IC). Contractor understands the meaning of thefollowing terms used in the SCCO:a. "Data Brokermeans either of the following:i. The collection of information, including personal information aboutconsumers, from a wide variety of sources for the purposes of reselling suchinformation to their customers, which include both private-sector businessand government agencies;ii. The aggregation of data that was collected for another purpose from that forwhich it is ultimately used.b.Extreme Vettingmeans 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 timethe Contract is executed, or at any time during the term of the Contract, it provides DataBroker or Extreme Vetting services to ICE.Contractor further understands and agrees that Contractor's failure to comply with the SCCO shallconstitute a material default of the Contract and the City Manager may terminate the Contract andbar Contractor from bidding on future contracts with the City for five (5) years from the effective dateof the contract termination.By executing this statement, Contractor certifies that it complies with the requirements of the SCCOand that if at any time during the term of the Contract it ceases to comply, Contractor will promptlynotify the City Manager in writing. Any person or entity who knowingly or willingly supplies falseinformation 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 theState of California that the foregoing is true and correct.Printed Name: Title:Signed: Date:Business Entity:

Jet Dock Systems, Inc.
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January 6, 2026

Library and Community Services

DATE: January 6, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Patrick Seals, Administrative Chief
Jora Atienza Washington, Senior Management Analyst
Nicholas Delgado, Associate Management Analyst
Subject:

Environmental & Community Investment Agreement
(ECIA) Grant Category 3 Grant Awards Fiscal Year 2025-
2026
FINANCIAL IMPACT: Grant award allocations are included within the approved Fiscal Year 2025-2026 budget. The value of these
awards totals $50,000 (Account String: 11771018 –
4000217 – 2A111).

PREVIOUS COUNCIL
ACTION:

December 17, 2024
July 1, 2025

STATEMENT OF THE
ISSUE:

On July 29, 2014, the City and Chevron Products Company entered into the initial Chevron Modernization Project
Environmental and Community Investment Agreement
(ECIA). Under the ECIA, a competitive grant program was established to fund community programs focused on
community, youth, and youth sports. City staff is bringing forth a subsequent funding recommendation from the
ECIA Grant Ad Hoc Committee for the Fiscal Year 2025-
2026 Category 3 approval by the City Council.

RECOMMENDED ACTION:

ADOPT a resolution approving the recommendations
from the Environmental & Community Investment
Agreement (ECIA) Ad Hoc Committee to award Fiscal
Year 2025–2026 Category 3 grants to five (5)
organizations in a total amount not to exceed $50,000;
and AUTHORIZE the City Manager or their designee to
negotiate and execute Grant Service Agreements – City
Manager’s Office (Patrick Seals/Jora Atienza
Washington/Nicholas Delgado 510-620-6512).

AGENDA
REPORT
334

January 6, 2026
DISCUSSION:

Background

The Environmental Community Investment Agreement (ECIA) provides approximately $90 million in revenue to the City of Richmond over a 10-year period, of which $6 million is allocated to support a competitive grant program. Beginning in Fiscal Year (FY) 2016–17, grant funding is made available annually over the 10-year term to support programs serving the community, youth, and youth sports, with individual awards ranging from $5,000 to $50,000. Eligible applicants include nonprofit organizations that provide services to Richmond residents and hold 501(c)(3) tax- exempt status or utilize a qualified fiscal sponsor with 501(c)(3) status.

The FY 2025-2026 grant cycle is allocated in the following ways:

Grant Award
Options
Eligibility Award Decision
Made By
Award Range Total Award
Amount

1 Competitive
Grant Awards

Non-profit organizations
reporting gross receipts
of equal to or less than
$50,000 annually (990N)
City Council
(Recommendations
made by ECIA
Review Committee)
$5,000 - $50,000

$500,000

2 Competitive
Grant Awards

Non-profit organizations
reporting gross receipts
of more than $50,000
annually (990/Audited
Financials)
City Council
(Recommendations
made by ECIA
Review Committee)
3 City Council
Approved
Awards

Organizations that
applied for the ECIA
Grant (categories 1 and
2) but where not
recommended for funding
City Council
Amounts based
on Council
discretion
$ 50,000
4 Community
Services Mini-
Grant Awards

Non-profit organizations
with 501(c)(3) tax status
with programming
connected to the
Community Services
Department
Community
Services
Department Up to $5,000 $ 150,000
TOTAL $700,000

On December 17, 2024, the City Council approved the Fiscal Year (FY) 2025-2026 Environmental and Community Investment Agreement (ECIA) competitive grant program annual allocation of $700,000 and authorized the release of the Request for Application and Guidelines (Attachments 1 and 2).

335

January 6, 2026
Outreach and Technical Support

Information about the FY 2025-2026 ECIA grant cycle was posted to the City’s website, presented in the City Manager’s Weekly Report, and emailed through various listservs to inform as many organizations as possible of the ECIA grant.

Also, City staff members hosted two (2) workshops that focused on completing the ECIA grant application. All grant-related materials and video-recorded training sessions were posted on the City’s ECIA grant webpage.

Evaluation Process

The ECIA grant application (Category 1 and 2) for Fiscal Year 2025-26 was released on January 2, 2025, and applications were due on February 9, 2025. A total of 75 grant applications were received of which 73 eligible applications were submitted to the ECIA Grant Review Committee (Committee) for evaluation and scoring in April 2025.

 Total Points Available: 110 Points
o Program/Project Description and Concept (Total 40 points) o Impact and Goals (Total 40 points)
o Financial Viability (Total 20 points)
o Richmond-based (10 extra points)

Committee members submitted their scores and evaluations to City staff members in May 2025. City staff members totaled and averaged the scores for each application and generated rankings (a ranking of 1 denoting the highest average score overall, a ranking of 2 denoting the second highest average score overall, etc.).

On July 1, 2025, City Council approved 28 grant awards for Categories 1, 2, and 4.

Organizations that submitted eligible applications but were not funded under Categories 1 or 2, were deemed eligible for consideration under ECIA Category 3 (Council-Approved). Based on these eligibility criteria, City staff prepared and provided the ECIA Ad Hoc Committee with a list of qualifying organizations for review. The ECIA Ad Hoc Committee, which included Vice-mayor Zepeda and Councilmember Bana, met with City staff on November 24, 2025, and is recommending that five (5) organizations each receive a $10,000 grant, for a total allocation of $50,000.

FY 2025-2026 ECIA Grant Award Recommendations

The Ad Hoc Committee is recommending that the following five (5) organizations receive a total of $50,000 in funding for the FY 2025-2026 grant cycle for Category 3

336

January 6, 2026
Category 3 – Council Selections

Organization
Recommended
Award Amount
Greater Richmond Interfaith Program $10,000
Richmond Community Tennis Association $10,000
Fierce Advocates $10,000
House of Loving Hands $10,000
Inspiring Communities $10,000
TOTAL $50,000

Next Steps

After approval of the grant award recommendations by City Council, City staff members will enter into grant agreements with awardees. City staff members will manage the contract processes which include, but are not limited to, entering into contracts with grantees, contract administration, serving as a point of contact for all grantees, conducting site visits, reviewing progress reports, and reviewing and approving invoices.

DOCUMENTS ATTACHED:

Attachment 1 – FY 2025-2026 ECIA Grant Application
Attachment 2 – FY 2025-2026 ECIA Grant Guidelines
Attachment 3 – Resolution Authorizing the City Manager to enter into Grant Service Agreements with the FY 2025-2026 ECIA Grant Awardees

337

FY 2025-26 ECIA Grant Application - 1-

2025-2026 ECIA COMMUNITY

GRANT PROGRAM APPLICATION

APPLICATION DEADLINE: Sunday, February 9, 2025, NO LATER THAN 11:59 p.m.

SECTION I – ORGANIZATION INFORMATION

Community-Based Organization Information (Applicant Information):

Fiscal Sponsor (Organization with 501(c)(3) tax status:

Name of Organization:

Click here to enter text.

Executive Director Name:

Click here to enter text.

Organization Address:

Click here to enter text.

Project Manager Name (primary contact for
the grant):

Click here to enter text.

Project Manager Title:

Click here to enter text.

Phone Number:

Click here to enter text.

Email Address:

Click here to enter text.

Program/Project Budget:

Program/Project Budget:
$ Click here to enter text.

Amount of Grant Funds requested:
$ Click here to enter text.

Organizational Budget:
$ Click here to enter text.

Fiscal-Sponsor Budget (If applicable):
$ Click here to enter text.

Program/Project:

Program/Project Title: Click here to enter text.

Program Project Summary (50-word limit): Click here to enter text.

% of Richmond Residents Served by Your Proposed Program/Project?: Click here to enter text.

Will Your Program or Project Serve Youth (through age 21)?: Click here to select “Yes” or “No”

Please select one (1) category that BEST describes the type of project or program that your organization plans to provide with the requested grant funds from the drop-down list:

CLICK HERE and Select the program category from the drop-down.

Name of Organization:

Click here to enter text.

Executive Director Name:

Click here to enter text.

Organization Address
Click here to enter text.

Project Manager Name (primary contact for
the grant):

Click here to enter text.

Project Manager Title:

Click here to enter text.

Email Address:

Click here to enter text.

Phone Number:

Click here to enter text.
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FY 2025-26 ECIA Grant Application - 2-

2025-2026 ECIA COMMUNITY

GRANT PROGRAM APPLICATION

SECTION 2 – PROGRAM/PROJECT DESCRIPTION

a. Provide information about your organization (e.g., number of years in operation, description of services provided and the population served).

Click here to enter text.

b. Describe in detail the program or project your organization is proposing to implement with the grant funds. Clearly list the major components or aspects of your program or project.

Click here to enter text.

c. Provide a timeline for project implementation using the template below. Include specific tasks/activities that will be accomplished within each quarter.

Task/Activities Month

1st Term (July 1– December 31)
Click here to list, bullet, or number entries. Click here to list corresponding dates.
2nd Term (January 1– June 30)
Click here to list, bullet, or number entries. Click here to list corresponding dates.

d. List the staff members responsible for the implementation of the program or project. Briefly describe the staff’s experience working on the proposed program/project and/or similar projects. Include résumés or provide descriptions of work experience with each copy of the application.

Click here to enter text.

e. If you plan to collaborate with other entities (i.e. , non-profits, governmental entities, private entities) to implement your program or project, please complete the table below.

Note: A letter of collaboration must be included as a part of your application ONLY IF your organization plans to partner with a government entity(ies) (e.g., city, state, county, school district, etc.).

Partner Specific Role:

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

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FY 2025-26 ECIA Grant Application - 3-

2025-2026 ECIA COMMUNITY

GRANT PROGRAM APPLICATION

SECTION 3 – PROJECT IMPACT AND GOALS

a. Describe the target population and geographic area that your organization plans to serve with the grant funds and what impact the proposed program or project will have on the target population.

Click here to enter text.

b. List the number of individuals that will be served as a result of your program or project.

Total Number of Individuals Served by
Proposed ECIA Funded Program or
Project
Total Number of Richmond Residents
Served by Proposed ECIA Funded
Program or Project
Click here to enter text.

Click here to enter text.

c. List the major program or project goal(s) and how your organization will measure if you reach your desired goal. The goal should be measurable and data-driven. There should be at least one (1) expected outcome per major program or project component.

Major Program
Component(s)
Major Program
Outcome(s)
Indicator/
Measurement
Goal Evaluation
Method
Click here to enter text. Click here to enter
text.

Click here to
enter text.

Click
here.

Click here to enter
text.

Click here to enter text. Click here to enter
text.

Click here to
enter text.

Click
here.

Click here to enter
text.

Click here to enter text. Click here to enter
text.

Click here to
enter text.

Click
here.

Click here to enter
text.

d. How will your organization assess or gauge the success of your pr ogram/project at its completion?
Click here to enter text.

e. How do you plan to sustain the program or project after the grant funds are expended? Click here to enter text.

SECTION 4 – FINANCIAL VIABILITY

a. Attach your organizational budget to each copy of the application . The organizational budget can be submitted in any format as long as it shows revenue and expenditures for your organization’s current operating year.

b. Complete the program budget table using the provided MS Word or MS Excel template to complete the table.

340

FY 2025-26 ECIA Grant Application - 4-

2025-2026 ECIA COMMUNITY

GRANT PROGRAM APPLICATION

ECIA GRANT APPLICATION SUBMISSION ACKNOWLEDGMENT

This page should be included in your application packet. It will not count toward your page limit.

By submitting this application and the supporting application materials, you agree that:

 You are an Officer on the Board of Directors of the organization submitting the grant application

 You have thoroughly read and understand the grant program guidelines and application questions and City of Richmond requirements (business license, insurance, and grant agreement)

 All questions contained in the application have been answered and the following required documents are included as part of our application packet:
☐Completed application (all sections completed and questions answered, including resumes)
☐Organizational budget
☐Proof of 501(c)(3) status (Non-Profit Status Determination letter from the Internal Revenue Service)
☐Financial statements – most recent (current) audited financials or Internal Revenue Service Form 990 or 990-N. Reviewed or compiled annual financial statements are allowable for faith-based organizations.
☐List of Board of Directors and their affiliations
☐Letter describing and authorizing collaboration with a governmental entity(ies), if applicable
☐Signed agreement between the organization and the fiscal sponsor, if applicable

 Your organization will obtain comprehensive background checks and/or fingerprinting of all employees and/or volunteers.
 Volunteers that work directly with youth or such other vulnerable populations. (For applicable organizations requesting funds to support an existing or new youth program and/or program that works with other vulnerable populations.)

 To the best of your knowledge, the information included as part of this application is true and accurate
------------------------------------------

Click here to enter Organization Name.

Click here to enter a date from drop-down.

Click here to enter Name of Board Officer.

Click here to enter Title of Board Officer.

Signature – Officer of Board
341
Guidelines FY 2025-2026 ECIA Grant -1-

FY 2025-2026

RICHMOND - ENVIRONMENTAL & COMMUNITY INVESTMENT

AGREEMENT (ECIA)

COMMUNITY GRANT PROGRAM GUIDELINES &

APPLICATION

REQUEST FOR APPLICATION (RFA)

All interested applicants should check the City’s ECIA website (www.ci.richmond.ca.us/ECIAgrants) to ensure that they receive any addendums to this RFA, emails or special announcements.

Application is due on Sunday, February 9, 2025, at 11:59 p.m. (NO EXCEPTIONS)

Materials must be submitted electronically to:

www.ci.richmond.ca.us/ECIAapplications

342
Guidelines FY 2025-2026 ECIA Grant -2-

RICHMOND - ECIA COMMUNITY GRANT PROGRAM
FY 2025-2026 GRANT GUIDELINES AND APPLICATION

Table of Contents

ECIA Background ........................................................................... 3

Eligibility Requirements ................................................................... 4

Grant Award Amounts and Categories ........................................... 4

Eligible Uses of Grant Funds .......................................................... 5

Ineligible Uses of Grant Funds ........................................................ 5

Fiscal Sponsorships ........................................................................ 6

Collaborating Organizations ............................................................ 7

Application Submission Requirements ............................................ 7

Application Submission Details ....................................................... 8

Payment Provisions ........................................................................ 8

Review Criteria ............................................................................... 9

Application Review and Selection Process ....................................10

Application Deadline ..................................................................... 11

Late Application or Modification to Applications ............................ 11

Applicant Assistance Prior to Due Date ........................................ 11

Schedule ....................................................................................... 11

Questions or Addendums to the Applications ............................... 11

Grantee Requirements .................................................................. 12

City Staff Contact .......................................................................... 12

General Terms and Conditions ..................................................... 13

Exhibits ......................................................................................... 14 343
Guidelines FY 2025-2026 ECIA Grant -3-

RICHMOND - ECIA COMMUNITY GRANT PROGRAM
FY 2025-2026 GRANT APPLICATION GUIDELINES

ECIA BACKGROUND

On July 29, 2014, the Richmond City Council approved the Chevron Environmental and Community Investment Agreement (ECIA), which will invest $90 million dollars to the Richmond community over 10-years. The ECIA includes investments in community programs, a scholarship program, competitive community grants, community-based greenhouse gas reduction programs, and a photovoltaic solar farm.

The ECIA specifies the amount and disbursement timeline of Chevron’s funding obligation, as well as funding allocations over a ten-year period (beginning in 2016) for the following programs:

• Scholarship program - $35 million
• Electric City and Easy Go - $18 million
• Roof-top solar, energy retrofit, zoning ordinance update - $6.25 million • Job training program - $6 million
• Competitive grant program - $6 million
• Transportation and transit programs - $2.75 million
• Public safety programs - $2 million
• Urban Forestry - $2 million
• Free internet access - $1 million
• Climate Action Plan - $1 million

It is proposed that $650,000 is allocated for the FY 2025-26 grant cycle.

It is the goal of the Richmond City Council to provide opportunities for organizations with varying capacities and financial needs to have access to ECIA grant funds. ECIA grant funds are awarded on an annual basis and therefore, organizations should not become reliant on this funding source. All Richmond-serving non-profit organizations are eligible to apply for funding; however, in an attempt to fund a variety of organizations, the City Council would like to allocate the majority of the available grant funding to organizations that have smaller annual budgets, greater needs for capacity building and limited staffing, and that might not have access to other forms of funding.

344
Guidelines FY 2025-2026 ECIA Grant -4-

ELIGIBILITY REQUIREMENTS

Organizations must meet the following conditions to be eligible to apply for a grant:

• Provide services focused on the community, youth and/or youth sports to Richmond and North Richmond residents

• Operate as a non-profit entity with 501(c)(3) tax status with current financial statements (i.e., Filed I.R.S. Form 990 or 990-N or current audited financials). Fiscal sponsors can be used.

• Provide services to Richmond residents (Richmond-serving)  A minimum of 80 percent of the organization’s proposed grant-funded programs/services must be provided to Richmond residents. If awarded an ECIA grant, grant funds can only be spent serving Richmond residents.

• Note: Organizations that received an ECIA grant award of more than $10,000 during the previous (FY 2024-25) ECIA grant cycle are ineligible to apply in the current grant cycle (FY 2025-26).

GRANT AWARD AMOUNTS AND CATEGORIES

Grant allocation amount: The amount available for the FY 2025-2026 grant cycle (July 1, 2025 – June 30, 2026) is $650,000.

Minimum and maximum grant awards: The minimum grant award is $5,000. The maximum grant award is $500,000. The number of awards available will be determined based on the amount of each award.

Number of applications per grant cycle: Organizations may submit only one application per grant cycle.

Award categories: $650,000 available for grants is allocated over four different categories listed below. Categories 1 and 2 are relevant to this Request for Application:

345
Guidelines FY 2025-2026 ECIA Grant -5-

Grant Award
Options
Eligibility Award Decision
Made By
Award Range Total Award
Amount

1 Competitive
Grant Awards
(Relevant for this
Application)

Non-profit organizations
reporting gross receipts of
less than $50,000
annually
City Council
(Recommendations
made by ECIA
Review Panel)
$10,000 -
$100,000

$500,000

See Special
Note Below
2 Competitive
Grant Awards
(Relevant for this
Application)

Non-profit organizations
reporting gross receipts of
more than $50,000
annually
City Council
(Recommendations
made by ECIA
Review Panel)
3 City Council
Approved
Awards

Organizations that applied
for the ECIA Grant
(categories 1 and 2) but
were not recommended
for funding
City Council Amounts based
on Council
discretion
$ 50,000
4 Community
Services Mini-
Grant Awards

Non-profit organizations
with 501(c)(3) tax status
with programming
connected to the
Community Services
Department
Community
Services
Department
Up to $10,000 $ 100,000
TOTAL $650,000

SPECIAL NOTE:

• A maximum of $100,000 in grant awards is available to organizations with annual budgets over $750,000 (per last completed 990s or audited financials).

ELIGIBLE USES OF GRANT FUNDS

Grants will be awarded to projects or programs in the following areas:
 Youth programs (through age 21)
 Youth sports programs (through age 21)
 Community-focused programs

*Youth-serving organizations are defined as those organizations where 80% of ECIA grant-funded programs/services will be provided to youth (birth through age 21)

Examples of eligible projects or programs include but are not limited to:
• Youth enrichment projects
• Summer camps
• Youth sports programs
346
Guidelines FY 2025-2026 ECIA Grant -6- • Programs that support health and wellness and eliminate health disparities • Bike and pedestrian pathway enhancements and construction projects • Programs that support students and parents at Richmond schools • Service- learning programs
• Gardening and urban greening projects

INELIGIBLE USES OF GRANT FUNDS

Grant funds may not be used for the following reasons:

• Repayment of existing debt or pre-existing tax liens or obligations • Legal, loan, or bank fees
• Subsidization of existing contracts
• Political campaigns or lobbying
• Advancement of certain sectarian, politically partisan, or religious projects (grant funds should be used for specific programs and not to advance the causes of any of the stated groups)
• Fundraisers or other events not open to the general public • A project or program which is clearly intended for commercial gain • A project or program that occurs before or after the grant award period • Support of individuals
• For businesses established for personal benefit or profit • To support annual fund drives
• To fund an agency’s deficit or endowment
• To repay loans
• Furniture
• Cell phones
• Bonuses
• For the direct support of religious activities. Secular activities offered to the Richmond community that is provided by religious organizations regardless of congregational membership or statements of belief may be eligible for grant funds.

FISCAL SPONSORSHIPS

What types of organizations should utilize a fiscal sponsor? • A non-governmental organization (sponsoree) that does not have 501(c)(3) tax status must utilize a fiscal sponsor to apply for this grant. It is the sole responsibility of the sponsoree to find an organization with 501(c)(3) tax status that is willing to serve as a fiscal sponsor.

What is fiscal sponsorship?
• F iscal sponsorship allows organizations without 501(c)(3) tax status to apply for the ECIA grant, as well as other grants that require an organization to have such status. • A fiscal sponsorship agreement should be entered into between the sponsoree and an organization that has 501(c)(3) tax status.
347
Guidelines FY 2025-2026 ECIA Grant -7- • The fiscal sponsorship agreement allows the sponsoree to raise tax-deductible contributions through grants and individual donations.
• Tax-deductible funds are given to the fiscal sponsor and restricted to the use of the sponsoree.

How does a fiscal sponsorship work for the ECIA grant process?:
• The fiscal sponsor will serve as the applicant. Fiscal sponsors will enter into a grant services agreement with the City of Richmond and must meet all requirements and submit all required documents.
• A signed agreement between the sponsoree and fiscal sponsor must be included in the submitted application. The organization actually implementing the program and performing the services will act as the sponsoree or fiscal sponsor’s sub-grantee. • Fiscal sponsors can also apply for grants.
• In addition to requesting funds for its own purposes, organizations may also act as a fiscal agent for other organizations.

COLLABORATING ORGANIZATIONS

Through this grant program, the City strongly encourages applicants to collaborate with other organizations. Collaboration is a mutually beneficial relationship to meet a common goal. Collaboration can come in many forms, from information sharing to joint programming. It can help organizations reduce redundancy in service sectors, leverage resources, share strengths, and increase efficiencies.

For purposes of this grant, when partnering with another organization, the application and budget of the lead organization will be considered for review and determination of funding. Therefore, the partnering organization is free to apply independently for funding for another project or program.

If the successful implementation of your proposed ECIA grant-funded program is dependent on the collaboration with a governmental entity (i.e., state, county, city, school district, etc.), then a written agreement authorizing the collaborative relationship must accompany your grant application. At a minimum, the agreement should contain the following information: names of the government entity(ies) or agency(ies) which will participate in the collaboration, contact information for the partner(s), and a description of the primary purpose of the collaboration. For example, if the implementation of your proposed program is contingent upon working at a school in the West Contra Costa County Unified School District or utilizing space at a Richmond recreation center, then a letter from the collaborating entity must agree to the proposed partnership.

APPLICATION SUBMISSION REQUIREMENTS

The following materials must be submitted as part of a complete application packet by 11:59 p.m. on Sunday, February 9, 2025, to be considered for funding (feel free to use this section as a check -list). The inability to adhere to the requirements below may impact an organization’s overall scores:
348
Guidelines FY 2025-2026 ECIA Grant -8- • Completed application
o Eight (8) pages
o Applicant Organizational Budget
o Applicant Program Budget
• Proof of 501(c)(3) status (Non-Profit Status Determination letter from the Internal Revenue Service) or fiscal sponsor’s corresponding documents • Financial statements – most recent (current) audited financials or Internal Revenue Service Form 990 or 990-N for tax-exempt organizations whose gross receipts are typically $50,000 or less or fiscal sponsor’s corresponding documents. Faith-based organizations may submit reviewed or annual financial statements. • List of Board of Directors and affiliations or fiscal sponsor’s corresponding documents
• Letter describing and authorizing collaboration (if with a governmental entity), if applicable
• Signed agreement between the organization and the fiscal sponsor, if applicable

Note: City staff will confirm that the organization has filed the required document(s) in California and is authorized to carry out its business activities (California Secretary of State - https://businesssearch.sos.ca.gov and the State of California Department of Justice - https://oag.ca.gov/charities). Applications submitted by organizations not identified with “active” or “current” status may be disqualified.

For organizations with 501(c)(3) tax status, City staff may check websites such as the Internal Revenue Service at www.irs.gov and GuideStar at www.guidestar.org to gather
additional information about the applicant organization.

APPLICATION SUBMISSION DETAILS

• Submit completed grant application (include budgets and résumés and/or descriptions of work experience with the application) and a set of all additional required documents. • The responses to the application questions shall be limited to eight (8) pages. This page limit is not inclusive of budgets, résumés, descriptions of work experience, or documents requested as part of the application.
• Staff will correct organizational budget to financial statements submission with the application.
• All submitted materials should be typed in a 12 point font size and Arial font style.

Applications must be easily reproducible on a standard copying machine. • All costs incurred in the preparation of an application are the applicant’s responsibility. • Applications must be completed and submitted electronically via www.ci.richmond.ca.us/ECIAapplication by Sunday, February 9, 2025, at 11:59 p.m.

Applications received after this date and time will not be considered and will not be eligible for review and scoring by the Review Panel.

349
Guidelines FY 2025-2026 ECIA Grant -9-

PAYMENT PROVISIONS

An initial advance payment of fifty percent (50%) of the total award amount will be advanced to all grantees as part of the application award process. Grantees receiving an advance payment may be eligible for an additional advance of thirty-five percent (35%) of the award amount, contingent upon the submission of complete and adequate reporting and invoicing documentation. The remaining fifteen percent (15%) will be reserved until the completion of the grant program and final submittal of all required documentation.

Payments will only be made for the eligible items and amounts specified in the approved grant agreement budget and a manner consistent with the payment provisions contained in the executed grant agreement.

REVIEW CRITERIA

All submitted applications, which comply with the grant requirements, will be evaluated and rated using the criteria listed below. The maximum score that an application can receive is 110 points. This includes 100 points from criteria areas #1-5 and an extra 10 points if the organization is Richmond-based (10 points)

Total Points Available for Criteria Areas #1-5: 100 Points

1. Program/Project Description and Concept (Total 40 points) • Applicant adhered to all stated guidelines
• A pplication is complete, clear and understandable
• Program/project description and components are clearly stated and specific • Timeline is practical, and the proposed activities are well defined and technically feasible
• Management and staff are qualified to implement the project or program and achieve stated goals
• Staff has experience working on the project or program and/or similar programs or projects
• A collaborative initiative is described to deliver the program or project

2. Impact and Goals (Total 40 points)
• The program or project has the ability to positively contribute to the targeted population
• Goals are clearly articulated and measurable
• An evaluation component is included and connected to the program goals • The organization has a plan on how to sustain the program or project after grant funds are expended

3. Financial Viability (Total 20 points)
• Program/project budget and organizational budgets are included, clearly defined, cost-effective, accurate and realistic
350
Guidelines FY 2025-2026 ECIA Grant -10- • R elationship between grant funds requested and the program budget is clearly shown

Total Extra Points Available to Richmond-based organizations (10 Points) • Richmond-based is defined as maintaining principal offices, studios, or other facilities within the boundaries of the City of Richmond. Applicable to organizations providing services (sponsoree), not fiscal sponsors.

APPLICATION REVIEW AND SELECTION PROCESS

The City's overall objective is to award grants to highly qualified organizations that provide needed services to Richmond and North Richmond residents. Within this overall objective, it is also the City’s intent that the selection process is fair and transparent.

Applications will be evaluated and scored by a City Council-approved ECIA Grant Review Panel (Review Panel) consisting of no more than five (5) individuals residing in or employed in Richmond (not City of Richmond employees).

The selection process is divided into the following steps:

1. Applications are received by the due date.

2. All applications are reviewed in depth by City staff for responsiveness, completeness, and satisfaction of eligibility requirements. Based on this review, eligible claims will proceed to the application evaluation process.

3. All complete and eligible applications are forwarded to the Review Panel, which will review and score the applications using the criteria listed in the guidelines and make an award recommendation to City Council. The inability to adhere to the application requirements may impact an organization’s overall scores. Grant awards can be less than the applicant’s original request.

4. The Review Panel’s recommendations are forwarded to the City Council for review, discussion, and approval.

Any party applying shall not contact or lobby any City Council member, ECIA Review Panel member, City official, employee (except those specified for contact) or agent regarding the RFA. Any party attempting to influence or circumvent the RFA, application submittal, and/or review process may have their application rejected for violating this provision of the RFA.

All scores are final. There is no grievance process.

Copies of Review Panel comments and scoring will be made available upon request.

351
Guidelines FY 2025-2026 ECIA Grant -11-

APPLICATION DEADLINE

The deadline to submit an application and all relevant attachments is Sunday, February 9, 2025, at 11:59 p.m. There are no exceptions for applications submitted after the deadline.

LATE APPLICATIONS OR MODIFICATIONS TO APPLICATIONS

Applications submitted after the specified date and time will not be considered.

Organizations assume responsibility for the timely submission of applications and all required documents. Any applications may be withdrawn or modified by a written request signed by the applicant.

APPLICANT ASSISTANCE BEFORE DUE DATE

Capacity Building - The City, recognizing the technical, skill-based components of a grant application process, may provide free capacity-building workshops in 2024. The dates and times of all subsequent workshops will be shared via the City’s ECIA website. Although recommended, organizations are not required to attend any of the capacity-building workshops offered by the City.

SCHEDULE

The schedule associated with the application is below. The City reserves the right to alter this schedule as necessary.

TASK DATE

Application Release Date January 2, 2025
FY 2025-26 ECIA Information Session January 2025
Applications Due (No Exceptions) February 9, 2025, by 11:59 p.m.

Application Review and Scoring March – April 2025
City Council Review and Approval April 2025
Grant Award Notification May 2025
Grant Award Period July 1, 2025 - June 30, 2026

QUESTIONS OR ADDENDUMS TO THE APPLICATIONS

It is strongly recommended that organizations register on the City’s E-Notify Me webpage (http://www.ci.richmond.ca.us/list.aspx
) to ensure that they receive any addendums to or
notifications regarding this RFA or the ECIA grant program.

352
Guidelines FY 2025-2026 ECIA Grant -12- Any requests for clarification or other questions concerning this RFA should be submitted in writing to City staff via [email protected].

GRANTEE REQUIREMENTS

If awarded a grant, organizations will be required to do the following:

• A G rant Service Agreement with specific deliverables will be executed. All organizations are expected to initiate projects within three (3) months of execution of the grant agreement. The scope of work will be based on the application submitted.

• Submit bi-annual progress reports and reimbursement requests (templates will be included as part of the executed grant agreement):
o Progress and Final Report - R eports will be required and must provide detailed information about the services provided. Grantees that do not submit the required reports run the risk of forfeiting their funding. A final report at the conclusion of the project or program is also required.
o F
unding Requests – Requests must include the necessary documents to substantiate the disbursement ( e.g., receipts, timecards, payroll records, etc.).

Grantees that do not adhere to the invoicing requirements run the risk of forfeiting their funding.

• Host City staff and/or members of the Review Panel for one or more site visit and/or program evaluation.

• P ublished program materials shall include the City seal or logo and shall state, “Made possible in part by the Richmond-ECIA Community Grant Program.” The material must be appropriate, relevant, and aligned with the approved project and should be reviewed and approved by City staff before release.

• Complete and submit a W-9 form and Supplemental Vendor Application.

• Obtain a City of Richmond business license. Organizations are responsible for all associated fees. Information can be found at
http://www.ci.richmond.ca.us/66/Business-Licenses
.

• Meet the City of Richmond insurance requirements. Fiscal sponsors, serving as the grantee, must have insurance that covers all actions of the non-profit and/or community-based organization acting as the sub-grantee. Organizations may use grant awards to cover insurance costs.

CITY STAFF CONTACT

For inquiries or clarification regarding this program or application, please contact ECIA staff at [email protected]
or Patrick Seals, Richmond Department of Children
& Youth at (510) 307-8016.
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Guidelines FY 2025-2026 ECIA Grant -13-

GENERAL TERMS AND CONDITIONS

Background Checks: Organizations that provide services to youth or other vulnerable populations (elderly, people with disabilities, etc.) must require comprehensive background checks and fingerprinting of all employees and/or volunteers that work directly with youth or such other vulnerable populations.

Limitations: All facts and opinions stated herein are based upon available information and no representations or warranties are made with respect to their accuracy or completeness.

The application and the selection process shall in no way be deemed to create a binding contract, agreement, or offer of any kind between the City and the applicant organization.

If the City selects a grantee pursuant to this RFA, any legal rights and obligations between the successful applicant, if any, and the City will come into existence only when a grant agreement is fully executed by the parties, and the legal rights and obligations of each party shall at that time be only those rights and obligations which are set forth in the grant agreement and any other documents specifically referred to in that grant agreement.

Each organization submitting applications in response to this RFA agrees that the preparation of all materials for submittal to the City are at the organization’s sole cost and expense, and the City shall not, under any circumstances, be responsible for any costs or expenses incurred by any candidate. In addition, each organization agrees that all documentation and materials submitted in response to this RFA shall remain the property of the City and may be used by the City for any reason whatsoever. In accordance with California law relating to access to public records, the City may be required to publicly disclose all submitted information and materials to third parties requesting such information.

Award: The City reserves the right to accept or reject any or all applications, to alter the selection process in any way, to postpone the selection process for its own convenience at any time for any reason whatsoever, to waive any defects in any application, to issue a new RFA at any time, or to provide a grant to any organization it deems appropriate in its sole and absolute discretion within or outside of the RFA evaluation process. City reserves the right to terminate a grant agreement within sixty (60) days without cause. All materials submitted become the property of the City and will not be returned. Funds awarded are public funds and any information submitted or generated is subject to public disclosure requirements, including the Public Records Act.

Federal, State and Local Laws: As part of the RFA process, the selected grantee will be required to comply with all applicable federal, state and local laws, including the City of Richmond’s Nondiscrimination Ordinance (Chapter 2.28), Business Opportunity Ordinance (Chapter 2.50), Local Employment Program Ordinance (Chapter 2.56), and Living Wage Ordinance (Chapter 2.60), if applicable. Please contact the City Attorney’s office for further information regarding the above requirements.

354
January 6, 2026
RESOLUTION NO._________________

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AUTHORIZING

THE CITY MANAGER TO NEGOTIATE AND EXECUTE GRANT SERVICE AGREEMENT S

WITH NONPROFIT ORGANIZATIONS THAT RECEIVED GRANT AWARDS FROM THE FY 2025-2026 CATEGORY 3 ENVIRONMENTAL AND COMMUNITY INVESTMENT AGREEMENT (ECIA) FOR A TOTAL AMOUNT NOT TO EXCEED FIFTY-THOUSAND DOLLARS (50,000)

WHEREAS, on July 29, 2014, the City of Richmond and Chevron Products Company entered into the initial Chevron Modernization Project Environmental and Community Investment Agreement (ECIA); and

WHEREAS, the ECIA was amended in August 2015 and December 2015; and

WHEREAS, the ECIA provides $90 million to Richmond over a 10-year period ($80 million in revenue to the City and $10 million for a photovoltaic solar farm) and includes investments in community-based greenhouse gas reduction programs and various community programs, including but not limited to a competitive grant program; and

WHEREAS, $6 million is allocated to fund the competitive grant program which was established to fund community programs and non-profits focused on community, youth, and youth sports; and

WHEREAS, $750,000 is allocated for FY 202 5-2026 for grant awards within four (4) grant categories; and

WHEREAS, in FY 202 5-2026 there is a total of $ 50,000 available to award in category 3 [organizations that applied for either a category 1 or 2 grant and were not recommended for an award by the ECIA Grant Review Committee ], with a minimum grant award of $5,0 00 and maximum grant award of $10,000; and

WHEREAS, on December 17, 2024, the City Council authorized the release of the “Fiscal Year 2025-2026 Richmond - ECIA Community Grant Program Guidelines and Application”; and

WHEREAS, eligible organizations were required to have 501(c)(3) tax status and provide services to Richmond and/or North Richmond residents; and

WHEREAS, the application was released on January 2, 2025; and

WHEREAS, applications were due on February 9, 2025, and seventy-five (75) organizations submitted applications; and

WHEREAS, after review by City staff for completeness, seventy-three (73) applications were forwarded for review and scoring by the Council-appointed ECIA Grant Review Committee; and

WHEREAS, the ECIA Grant Review Committee recommended to City Council that grants be awarded to twenty-eight (28) organizations in Category 1 and 2, for a total award amount not to exceed $700,000; and
355
January 6, 2026

WHEREAS, the City Council of the City of Richmond adopted the Resolution 97-25 on July 1, 2025, to allocate FY 2025-26 ECIA funds to the grantees in Category 1 and 2, and authorized the City Manager’s Office to negotiate and execute contracts with award recipients; and

WHEREAS, City staff convened a meeting with the Council-appointed ECIA Ad-Hoc Committee to review and select from forty-four (44) applications in category 3; and

WHEREAS, the ECIA Ad-Hoc Committee recommended to City Council that grants be awarded to the following five (5) organizations, for a total award amount not to exceed $50,000; and Category 3 – Council
Selections

Organization
Recommended
Award Amount
Greater Richmond Interfaith Program

$10,000
Richmond Community Tennis Association $10,000
Fierce Advocates $10,000
House of Loving Hands $10,000
Inspiring Communities $10,000
TOTAL $50,000

WHEREAS, the City Council received and accepted a staff report dated January 6 , 202 6, regarding this resolution.

NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Richmond, California, adopts the Resolution to allocate FY 202 5-2026 Category 3 Environmental and Community Investment Agreement (ECIA) funds to the grantees in the amounts specified above, authorizes the City Manager’s Office to negotiate and execute contracts with award recipients and authorizes City staff to provide oversight to assure that deliverables are met and that activities and expenses are consistent with the intent of each agreement.

------------------------------------------------------

I certify that the foregoing Resolution was passed and adopted by the Members of the City Council of the City of Richmond, California at a regular meeting held on January 6, 2026, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

356
January 6, 2026
______________________________
Clerk of the City of Richmond
Approved:

_______________________________________
Mayor

Approved as to form:

________________________________________
City Attorney
357