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Responsible Hospitality Institute, Inc. - 2023-05-10 (2)
PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RESPONSIBLE HOSPITALITY INSTITUTE, INC. FOR CITYWIDE ASSESSMENT FOR NIGHTLIFE MANAGEMENT THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, RESPONSIBLE HOSPITALITY INSTITUTE, INC., a hereinafter referred to as "CONSULTANT.".- WHEREAS, CITY desires to engage the services of a consultant to perform a citywide assessment of nightlife management;and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with;and CONSULTANT has been selected to perform these services, NOW,THEREFORE,it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates James Peters who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 23-12814/308646 1 of 12 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 5//D , 2023 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ninety Five Thousand Dollars ($95,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 23-12814/308646 2 of 12 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit"B." 7. DISPOSITION OF PLANS.ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 23-12814/308646 3 of 12 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence,in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 23-12814/308646 4 of 12 9. 'PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides:that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification 23-12814/3086,16 5 of 12 of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: - A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force;and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense,hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. 23-12814/308646 6 of 12 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be.performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause,and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of.termination, all finished and unfinished documents,exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. . 23-1281'4/308646 7 of 12 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates,or other communications hereunder shall be given either by personal delivery to CONSULTANTs agent (as. designated in Section 1 hereinabove)or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified.mail-return receipt requested: TO CITY: TO CONSULTANT: City.of Huntington Beach Responsible Hospitality Institute ATTN: Dir. of Community Development ATTN: James Peters 2000 Main Street 5321 Scotts Valley Drive, Suite 204 Huntington Beach,CA 92648 Scotts Valley,CA 95066 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 23-12814/308646 8 of 12 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles,captions, section,paragraph and subject headings,and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect.the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held .by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No, covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law,ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 23-12814/308646 9 of 12 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification: 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor .work involving legal services, and that such legal.services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to,construe, 'interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, . each party shall bear its own attorney's fees, such that the prevailing'party shall not be entitled to recover its'attorney's fees from the nonprevailing party. ?. -I2 I4i3O8646 l0 of 12 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 23-12814/308646 11 of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, RESPONSIBLE HOSPITALITY a municipal corporation of the State of INSTITUTE, INC. California By: I/ i 3 '� City Manager ' �a e& & print name INITIATED AND APPROVED: ITS: (circle one)Chairman/'residen• icc President AND p Director of Community Development By: Z3 APPROVED AS TO • print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. City A o ey yti Secretary—Treasurer Date RECEIVE AND FILE: City Clerk Date S/23/23 23-12814/308646 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Citywide Assessment for Nightlife Management B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Technical consultation and online planning resources • Online infrastructure for document sharing and communication. • Training and tools • Phone/zoom interviews to gather background and build relationships with key stakeholders • Stakeholder training on common practices and strategies in nighttime management • Facilitated discussion with stakeholder groups • Summary report and action plan 2. Additional pages attached detailing Phases 1-4 including Store Front Analysis included as part of Exhibit A. Milestones of each phase are referenced in these attachments. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Dedicated project leader and coordinator to logistics and contact development. • Background information e.g. news,reports,policies,regulations • Recruitment and communication of project updates • Creation/identification of Transformation Team and project participants • Identification and provision of available data. • Coordination of group review and editing of summary report and action plan • Meeting site arrangements (identification of locations,provision of AV and refreshments. 2. Additional pages attached detailing City duties and expectations. D. WORK PROGRAM/PROJECT SCHEDULE: Project will begin during a mutually agreed upon timeframe. Once started project is expected to last 8-12 months. EXHIBIT A [III Assisting Businesses and Communities to Plan Safe and Vibrant Places to Socialize Celebrating 40 Yeats in 2023 Phase 1: Engagement Overview Goal: Engage Project Leaders & Gather Preliminary Background We will orient your Project Leader and Project Coordinator to the process and review our systems for project management. Preliminary information will be gathered. Your Transformation Team (project steering group)will be selected and interviewed to provide background on your city's social economy. What Happens Virtually • On-boarding and Coordinator Training: RHI trains the coordinator on the process with a Coordinator's Guide e-curriculum, task management system, live Zoom meetings, and pre-recorded e-learning seminars. • Document Storage System: RHI will create a Microsoft Teams site for project management and will review the organization of the filing system. • Public Website Creation: A public-facing website will be created and customized for your city. • Background Document Review: Policies, legislation, news reports, visioning reports and other relevant information is compiled for RHI review and analysis. • Transformation Team Recruitment: A steering group of 12 people is recruited with RHI guidance and oriented to RHI's process and project recruitment goals. • Six Virtual Interviews are held(with members of your Transformation Team)to gather information on market forces, trends, strengths, challenges and opportunities in the social economy. • Preliminary summary slide deck: RHI will develop a preliminary summary(in PowerPoint)of trends and opportunities in the social economy based on interviews and background research. What Happens On-Site • Day and Nighttime Tours, including police ride-along • Meeting with the Coordinator to: o Review the next steps for the project and discuss recruitment goals • Meeting with the Transformation Team to: o Share a preliminary summary of trends and market forces o Identify stakeholders to recruit as project participants • Special Interest Group Meetings: Meetings will be held to introduce the project,orient key stakeholders within your city and gather information on big-picture insights on their views. An additional outcome is to have them brainstorm and self-select representatives who will participate in subsequent meetings in the project. 1. Elected officials (City Council members, City Manager) 2. Department heads (parking, transportation, economic development, zoning, planning, police, fire, code compliance, etc.) 3. Hospitalttyand social venue operators (owners/operators of dining and entertainment venues) Milestones The milestones for accomplishment of phase 1 include: • Website created • Transformation Team established • Virtual interviews completed • Trends summary presentation completed • On-site Engagement meetings conducted Sociable City lssessroeot i s ReS1ons1bta HospitatiIt lawbtte 202 3 +sKw sociablecitv.otg Assisting Businesses and Communities to Plan Sale and Vibrant Places to Socialite r 1 Celebrating 40 sib 2023 Phase 2: Evaluation Overview Goal: Gather Input on Strengths, Challenges and Opportunities We will dive deep into your city by engaging a broad swath of your community's stakeholders in Listening Sessions on their vision and priorities for the social economy. Information gathered will be used to evaluate the strengths, challenges and opportunities in your city's social economy. What Happens Virtually • Participant Recruitment: Identification of people to invite to Listening Sessions will represent the bulk of the pre-onsite activity during this phase. RHI will work with the client and Transformation Team to brainstorm stakeholders (48-60 individuals) in your community to attend information-gathering and community engagement meetings we call Listening Sessions. • Confirmation of Attendance: After identifying stakeholders to recruit, RHI will customize invitational emails for the client to send with a link to an RSVP form. Attendance status will be updated by the client. What Happens On-Site • Three Listening Sessions: Key stakeholders from your city will be invited to share their insights in these interactive sessions. Information gathered will be used to evaluate the strengths,challenges and opportunities in your city's social economy. Each Listening Session will be divided into two sub-groups to be facilitated simultaneously by 2 RHI staff. Recruitment is limited to 16-20 people per Listening Session(8-10 people per sub-topic)to ensure productive discussion. 1. Enhance Vibrancy Listening Session 2. Assure Safety Listening Session 3. Plan for People Listening Session • Women's Focus Group: A multi-generational focus group for women to focus on socializing preferences, safety issues and opportunities for improvement from a woman's lens. Milestones The milestones for accomplishment of phase 2 include: • Intro presentations created • On-site Listening Sessions conducted • On-site women's focus group conducted Sociable City Assessment is Responsible Hospitality Matte 2023 www.sow ulecity.nig Assisting Businesses and Communities to Plan Sale and Vibrant Places to Socialize rill Celebrb ;,L Phase 3: Action Plan Development Overview Goal: Facilitate Consensus on an Action Plan The third phase builds upon the priorities established through Listening Sessions to develop an action plan. Six Action Roundtables will facilitate consensus on a course of action in RHl's Six Core Measures of a Sociable City. A summary report will be developed and vetted by project leaders. What happens virtually? • Summary of Challenges:RHI creates a summary of 5-6 challenges identified in each core measure based on information gathered during Listening Sessions. Challenges will be compiled into six online surveys. • Survey for Participants to Vote on PrlorttyChallenges:Participants submit their votes for the top challenges to focus on during action roundtables. What happens on-site? • Six Action Roundtables: Participants of the Listening Sessions will be invited to return to Action Roundtables. RHI will present to participants the survey results for the top challenges identified by the Listening Session participants.The top 2 challenges will guide action plan development. The roundtables will be on the Six Core Measures of a Sociable City: 1. Public Space Roundtable 2. Social Venues Roundtable 3. Public Safety Roundtable 4. Venue Safety Roundtable 5. Mobility Roundtable 6. Quality of Life Roundtable Part 2: Report Development Purpose: Finalization of a report summarizing strengths, challenges, opportunities and an action plan. What happens virtually? • Writea Summary Report with an Action Plan: The report will summarize the strengths, challenges and opportunities for the social economy in your city with a corresponding action plan. Milestones The milestones for the accomplishment of phase 3 include: • On-site Roundtables conducted • Draft summary report delivered to client Sucfable City Assessment 2023 Assisting Businesses and Communities to Plan Safe and Vibrant Places to Socialise s r 1 Celebrating 40 Years in 2023 Phase 4: Implementation Overview Goal: Achieve Buy-In for an Implementation Plan Findings will be presented to key decision-makers(e.g.City Council)and project participants for citywide buy-in and support. The final report will serve as a blueprint for working groups to implement the action plan. What Happens Virtually • Client will Edit Report and RHI will Finalize: RH I will request the coordinator and Transformation Team review the report for the accuracy of the information presented. • Prepare a PowerPoint slide deck summary of the report based on the finalized version. What Happens On-Site • Leadership Summit:All participants will be reconvened to hear a presentation on the outcomes from RHI's summary report and prioritize next steps. • City Council Presentation: RHI and key stakeholders (e.g. Transformation Team members)will present the report's findings and action plan to City Leadership. What Happens After the Summit? • Two virtual check-ins(6 months post-project and 1-year post project) to discuss accomplishments to-date and review the gaps, barriers,and challenges to implementing your city's action plan. If additional technical training is desired, RHI can help facilitate connections to its network of experts and practitioners. Milestones The milestones for accomplishment of phase 4 include: • Report and summary presentation finalized • Leadership Summit held SeciobleCityAssesament 15 Resaonsible r°sp,'1.t, t,otute 2023 rr,;rosoclablec+ty org .,,, ,. Assisting Businesses and Communities to Plan Safe and Vibrant Places to Socialize I. I Celebrating 40 Y s iit 2023 Add-On Option: Storefront Analysis (Additional Fee) Overview Strategic decision-making for planning social districts requires data to evaluate current and long-term policy and resource allocation. RH l's data collection process focuses on the district level to provide focused insights on the resource and staffing needs of a social district. Analysis of data can be added to the Sociable City Assessment so that your city can access the tools and methodology for a quantitative study of change and progress. NOTE: Deliverables from this data collection process depend on availability and provision of data by government agencies, businesses, and district management organizations. What Do you Get? Tools: You will receive access to RH l's proprietary data collection tools and business surveys. Visual Summary and Analysis: Collected data will be presented in charts and graphs to communicate findings. NOTE;Client will be responsible for collection and inputting of data and information into RH1's tools. Focus of the Study The study will include two social districts to establish baseline information. Three areas of study will include: Storefront Uses:Existing data and a street-level inventory will be consolidated to analyze market force trends. The analysis will establish a baseline of critical indicators of storefront use, social venue occupancy, and entertainment options, including the number of nightlife-related businesses and the mix of business types. Crime,Harm,And Disorder Analysis:This process will establish a collaborative alliance among safety, regulatory,and compliance agencies/departments to consolidate data on a district level. This baseline can be used for annual comparison. Examples of Study Outputs Storefront Uses Social Venues Occupancy Employment Safety Breakdown by With and without Interior,exterior, Full and part-time by Calls for service, category,retail, alcohol, total;By type,with day and time,mode service violations, social,service,etc. entertainment,price alcohol, of travel place of last drink, point,etc. entertainment,etc. venue training,etc. What Happens Virtually • Coordinator orientation on worksheets used for data collection • Identification of existing data sources for storefront inventory • Organization of business contacts In study areas to customize the survey and data collection worksheets • Identification of key contacts in agencies/departments and district managers with access to data What Happens On-Site • Department head meetingagenda item in Phase 1 to identify the purpose of the analysis and identification of additional contacts and data sources for the study • Daytime tour of study areas to collect information not available from existing sources, including outdoor dining, entertainment, hours of operation, interior seating distribution, menu options, and price points • Individual meetings with key nighttime business operators to facilitate improved responses to online surveys Sociable City Assessment i r, .t, I.":,ir 2023 ^i„wirt i ;i;, Assisting Businesses and Communities to Plan Sale and Vibrant Places to Socialize 11 1 Celebrating 40 Years in 2023 Meetingfacilities to be provided by the city are listed below. (Note: Sample on-site meeting schedule, room set-up diagrams, and materials list will be provided with the Coordinator's Manual). Venue Selection It is critical that venues selected for meetings be considered neutral and centrally located for accessibility and convenience.Venues do not necessarily need to be affiliated with the city government. If they meet space and AV requirements, library meeting rooms, community rooms, and Business Improvement District meeting spaces are options to consider. FACILITIES TO BE PROVIDED BY THE CITY MeetingSpacefor Coordination Team and Transformation Team Name meeting space can be used) • Room set-up: Hollow square or board room • Seating for 16-18 • AV is necessary(projector,screen) Department Heads Meeting • Room set-up: Hollow square or board room WI • Seating for 18-20 0 • AV is necessary(projector,screen) Elected Officials Meeting _. Note:Some clients feel a more informal setting(e.g.coffee shop, restaurant) is more conducive to open discussion if elected officials are met with individually. • Room set-up: Board room • Seating for 6-10(depends on whether meetings are conducted individually or as a group) NON-CITY PROVIDED FACILITY Social Venue Operators Meeting • Venue:To he held in a centrally located hospitality venue(e.g. bar, club, restaurant). • Room set up:Classroom-style chairs • Seating for 25-30 11 FACILITIES TO BE PROVIDED BY THE CITY Listening Sessions Reserve facility for 2 days (for 3 meetings) N • AV is Necessary d • Room set-up:2 conference tables tA • Seating: Each conference table should seat 12-14 each(with 24-28 chairs total in the room) m • Room size: Ensure there is sufficient spacing for separate simultaneous discussions (with tables at .0 least 15-20 feet apart) C• Women's Focus Group • AV is Necessary • Room set-up: 1 conference table or hollow square • Seating: 16-18 Secrable GIN'Assessment Responsible Huspitabty Institute 2023 vws.wcia Wee itq.tog Assisting Businesses and Communities to Plan Sale and Vibrant Places to Socialize 11h1 Celebrating 1> sut2O23 Roundtables Reserve same facility for 3 days (6 meetings total) • AV is Necessary • Room set-up: 1 conference table or hollow square • Seating: 12-14 Leadership Summit • AV is necessary • Room set-up: Head table for 6 people,podium and mic;six roundtables for 10 people; 4/1 • Seating: 60 • Additional Chairs aCity Council Presentation • Venue: City Council Chambers • AV is Necessary Soriable City Assessntent 21 Rem Iwo lltt Institute 2023 vriviv.loci a blec itp.oi$ Exhibit A: Insert after D. Work Program/Project Schedule C1cl�iilt_ cl Timc'(r,ii v I On- Site Vkils lur E R:h I- rOjeC1 • f ( Q • 0. I' PROJECT DURATION Completing the Sociable City Assessment's four-phase process takes 9-12 months. Four on-site visits will be scheduled, one per phase of the project. Each on-site visit will be comprised of various individual and group meetings.Some on-site visits require more planning and preparation than others. ESTIMATED TIMELINE Project duration and scheduling of phases depend upon several factors,including the timely completion of tasks, as well as both RHI's and the client's availability for on-site meetings.The proposed schedule below includes lead-up time to prepare for the on-site visit that will take place during each phase. Month 1 2 3 4 5 6 7 8 9 Phase 1: Engagement Phase 2: Evaluation Phase 3: Action Plan Phase 4: Implementation EXHIBIT "B" Payment Schedule(Fixed Fee Payment) 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY and or otherwise arranged with CITY. 2. CONSULTANT shall be entitled to payment toward the fixed fee set forth herein in accordance with the following: Payment Issuance Schedule/Milestones to be met before payment approval Payment Start of work(mutually agreed upon date during term) $15,000 Phase 1: Engagement $15,000 - Website created - Transformation Team established - Virtual Interviews completed - Trends summary presentation completed - Onsite Engagement meetings conducted Phase 2: Evaluation $20,000 - Intro presentations created - On-site Listening sessions conducted Phase 3:Action Plan $20,000 - On-site Roundtables conducted - Draft summary report delivered to client Phase 4: Implementation $10,000 - Report and summary presentation finalized - Leadership Summit held - Participation or attendance in City Council Presentation Add-on:Storefront Analysis $15,000 - Store Front Analysis Study Total $95,000 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Exhibit B 4. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 r -+, RESPO-1 OP ID:LS A4CORO" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) `.,�� 06/12/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 858-391-3001 wpm Leigh Shelton Springbrook Insurance Agency PHONE 858-391-3001 FAX 858-391-3010 10650 Treena Street Suite 101 (A/C,Na,Eel): I(AIC,No): San Diego,CA 92131.2435 pass,ss,Ieigh@springbrookins.com Russell Lall INSURERIS)AFFORDING COVERAGE NA1C# INSURER A:Nonprofits'Insurance Alliance 10023 INSURED INSURER S: espponsible Hospitality Institute INSURER 0: 5321 Scotts Valley Dr Ste 204 INSURER D: Scotts Valley,CA 95068.4539 ' INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP • LIMITS LTR INSD WVD IMMIDDNYYYI IMMIDBIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR Y 202310298 02120/2023 02/20/2024 PREMISES(a oNcTu ante) s 500,000 MED EXP(Any one person) S 20,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY Ira n LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: Liquor S 1,000,000 COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY LEa accident) S ANY AUTO 202310298 0212012023 02/20/2024 BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS WN� BBRODILY INJUpRY(Per accident) S X AUTOS ONLY X AUTOS ONLY fPe?aeUR�entl AMAGE S S A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1,000,000 EXCESS LIAR CLAIMS-MADE 202310298 02/20/2023 0212012024 AGGREGATE S DED RETENTIONS S WORKERS ND EMPLOYERS'LIAABILIITNY STA STATUTE FORH- AANY1CPERO/P�RIIMETgOR/EAROWDREXECUTIVE YIN N!A E.L.EACH ACCIDENT S (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Professional Liab 202310298 02/2012023 0212012024 agg 2,000,000 oCc 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more spats)Is required) City of Huntington Beach,its officers,elected or ap ointed officials, ' employees,agents and volunteers are named as additional insured. AP ROVED AS FOR M L E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION HIJNTINI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach • 2000 Main street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I ACORD 25(2016103) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Coggins, Celeste From: Anderson, Jennifer Sent: Friday, March 3, 2023 9:24 AM To: Coggins, Celeste © O PY Subject: RE: RFP/ Piggyback Agreement Process Hello, I wanted to follow back up that I spoke with Serena regarding this piggyback. She is comfortable with you using the City of Sacramento procurement to piggyback for us.Also,would be fine to write the same term they did as to reference the timeline of how long project would take ex: 9-12 months and use that for term for us. Let me know if you have any further questions on this service. Jennifer Anderson Senior Buyer Jennifer.anderson@surfcity-hb.org (714) 374.1569 From: Coggins, Celeste<celeste.coggins@surfcity-hb.org> Sent:Wednesday, February 22, 2023 10:52 AM To:Anderson,Jennifer<Jennifer.Anderson@surfcity-hb.org> Subject: RE: RFP/ Piggyback Agreement Process Good morning Jennifer, I received a contract from a vendor that we are looking to accept as a Piggyback agreement. This contract (attached)was executed with the City of Sacramento for the same services that Economic Development is seeking to open a contract for. • IIIIIIIIIIIIIIIIIIIIIIIINWary 20, 20231111 will be active wifllIlliIllIlIllIllIllIllIllillnK ofo be perform definition of term on Pg 14). The duration of the Sacramento project is expected to be 9-12 months. Would we have to ma hat time frames pa ,jl answer un this voids., , 1 effort as Kris Casanova Ids commented vie mil not match that timelin The reason I ask is due to limitations I have faced on previous piggyback agreements,just confirming that this assumption is correct. 1 • The not to exceed is$100,000,which is about the same level of service that Econ Dev is seeking for the new contract,though I believe they will likely stay under the threshold for council approval. • The municipal code for the City of Sacramento does not require that contracts of this level of compensation go out to bid, so this was not awarded through an RFP. Would it be possible to use this contract as a piggyback and not go out to bid? Thanks, Celeste From:Anderson,Jennifer<Jennifer.Anderson@surfcity-hb.org> Sent: Monday,January 30, 2023 9:14 AM To: Hoffman, Michele<michele.hoffman@surfcity-hb.org>; Coggins, Celeste<celeste.coggins(Wsurfcity-hb.org> Subject: RE: RFP/Piggyback Agreement Process Hello Celeste, Yes,we can accept another agency from out of state.We are not picky on location. If they have an active agreement for same services and will charge the City same or lower rate than that is an acceptable piggyback. If we do go out to RFP and only one participates we can accept. Unfortunately,we do not have sole source for professional services in our MuniCode, but one submission is ok.The City Manager just may request some information on to why only one participated. Jennifer Anderson Senior Buyer Jennifer.andersonsurfcity-hb.orq (714) 374.1569 From: Hoffman, Michele <michele.hoffman@surfcity-hb.org> Sent: Friday,January 27, 2023 9:07 AM To: Coggins, Celeste<celeste.coggins@surfcity-hb.org>; Anderson,Jennifer<Jennifer.Anderson@surfcity-hb.org> Subject: RE: RFP/ Piggyback Agreement Process Good Morning Celeste, 2 This is a question for Finance to answer to I will leave it to Jennifer to respond. Let me know if you need anything else. Michele Hoffman, Sr. Legal Assistant Office of the City Attorney City of Huntington Beach ph. (714) 536-5558 fax(714)374-1590 Confidentiality Notice: This email may contain material that is confidential,privileged and/or attorney work product for the sole use of the addressee. Further, this email is protected under the Electronic Communications Privacy Act, 18 U.S.C.Sections 2510-2522. Any review by,reliance,or distribution by others or forwarding to others without express permission of the author is strictly prohibited. lfyou receive this transmission in error,you are advised that any disclosure,copying,distribution,or the taking of any action in reliance upon the communication is strictly prohibited. Moreover,any such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication. lfyou have received this communication in error,please immediately notify the sender and delete this e-mail. Thank you. From:Coggins, Celeste<celeste.coggins@surfcity-hb.org> Sent:Thursday,January 26, 2023 5:24 PM To:Anderson,Jennifer<Jennifer.Anderson@surfcity-hb.org>; Hoffman, Michele<michele.hoffman@surfcity-hb.org> Subject: RFP/ Piggyback Agreement Process Hi Jennifer, Hi Michele, I am sending this to both you for consideration. I can't recall who helped me clarify it previously. I have a couple questions about our RFP/piggyback agreement process that is time sensitive. We have a need to contract for a consulting service that is about $90,000 so it will require an RFP or evidence of an active agreement that was completed through a competitive bid. 1) Can we accept an executed agreement that is from another state (this vendor has agreements from Calgary& El Paso)that was awarded through an RFP? 2) This particular activity is very specialized and there is concern that we may not get more than one bid. If we go out to bid and receive only one proposal would that RFP be acceptable? Thanks so much! Celeste Coggins Admin Analyst City of Huntington Beach Community Development Department Direct: 714-375-5157 3 CONTRACT#: PRC002135 CONTRACT NAME: Responsible Hospitality Institute, Inc. CONTRACT PROJECT#: 2401-02000-02001421 DEPARTMENT: City Manager's Office DIVISION: Office of Innovation and Economic Development CITY OF SACRAMENTO PROFESSIONAL SERVICES AGREEMENT* THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation ("CITY"),and Responsible Hospitality Institute, Inc. 5321 Scotts Valley Drive,Suite 204—Scotts Valley, CA 95066 831.438.1404—Jim@rhiweb.org ("Contractor"), as of the Effective Date,as defined below. The City and Contractor agree as follows: 1. Effective Date. This Contract shall be effective beginning the date it is fully executed by the duly authorized parties. 2. Contract Documents. All exhibits and documents attached or referred to in this Contract are incorporated as if set forth herein, Including Exhibit A (titled "Scope of Services") and Exhibit B (titled "Payment"). If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control. 3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to CITY the services described in Exhibit A("Services"). Contractor will not be compensated for services outside the scope of Exhibit A ("Additional Services") unless, before providing Additional Services: (a) Contractor notifies CITY and CITY agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) CITY, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor. CITY will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required *This form is to be used for all professional services,except services performed by architects,landscape- architects,professional engineers,or professional land surveyors,or services related to a construction project. Form Approved by City Attorney 9-1-2020 Page 1 by the Sacramento City Code.As used in this Contract,the term"Services"includes both Services and Additional Services as applicable. 4. Payment. CITY shall pay Contractor at the times and in the manner set forth in Exhibit B. Contractor shall submit all invoices to CITY in the manner specified in Exhibit B. 5. Facilities and Equipment. Except as set forth below,Contractor shall,at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. CITY shall furnish to Contractor only the facilities and equipment listed below, if any. See attached facilities requirements for meetings 6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C. 7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit.D. 8. Additional Requirements.for Surveying, Material Testing,and Inspection Services. If this Contract includes any land surveying, material testing,or inspection services provided for a City construction project, during the design, pre-construction,construction,or post- construction phases of the project,the Contractor and any subcontractor or subconsultant performing any such services shall comply with the provisions specified in Exhibit E. 9. Non-Discrimination in Employee Benefits.This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors.A summary of the requirements,entitled"Requirements of the Non-Discrimination in Employee Benefits Code(Equal Benefits Ordinance),"can be viewed at: https://www.cityofsacra mento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54.If requested by City,Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract,for which the City may terminate the Contract and pursue all available legal and equitable remedies. N. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements,entitled"Ban-The-Box Requirements,"can be viewed at: Form Approved by City Attorney 9-1-2020 Page 2 https://www.cityofsacra mento.org/Finance/Procurement/Contract-Ordinances. The Ban-The-Box Requirements'are applicable to certain contracts with the City in an amount of$250,000 or more(either initial value or total value after amendment)or if the total value of all Contractor's contracts with the City is$250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62.If requested by City,Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62. Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements("LBE Participation Requirements")may be applicable to this Contract.A summary of the requirements,entitled "LBE Participation Requirements,"can be viewed at: https://www.cityofsacra mento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter.3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60. Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract,for which the City may terminate the Contract and pursue all available legal and equitable remedies. 12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read,understands,and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract's obligations. [Signatures Page Following Exhibits] Form Approved by City Attorney 9-1-2020 Page 3 EXHIBIT A SCOPE OF SERVICES 1. Representatives. The CITY Representative for this Agreement is: Tina Lee-Vogt, Nighttime Economy Manager City Hall, 915 I Street, 3rd Floor,Sacramento CA 95814 916-808-2679 Phone/tlee-vogt@cityofsascramento.orq The CONTRACTOR Representative for this Agreement is: Alicia Scholer, Vice-President 5321 Scotts Valley Drive,Suite 204—Scotts Valley, CA 95066 831.201.4117 Phone/ Alicia@rhiweb.org Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative.All City questions and correspondence must be addressed to the Contractor Representative. 2. Scope of Services.Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A. 3. Time of Performance. The Services described in this Contract shall be provided for one year). The City may extend this Contract for up to 1 additional one-year terms, for a maximum two- year term.Contractor shall provide the Services in accordance with any schedule in Attachment Ito this Exhibit A. 4. Conflict of Interest Requirements.The individual(s)who will provide Services pursuant to this Contract are"Consultants" within the meaning of the Political Reform Act and the City's Conflict of Interest Code. x yes no [check one] Contractor shall cause the following to occur within 30 days after execution of this Contract: (A) Identify the individuals who will provide Services or perform Work under this Contract as"Consultants"; and (B) Cause these individuals to file with the City Representative the"assuming office" statements of economic interests required by the City's Conflict of Interest Code. Thereafter,throughout the term of the Contract,Contractor shall cause these individuals to file with the City Representative annual statements of economic interests and"leaving office" statements of economic interests,as required by the City's Conflict of Interest Code.The City may withhold all or a portion of any payment due under this Contract or impose fines on the individuals until all required statements are filed. Form Approved by City Attorney 9-1-2020 Exhibit A Page 1 EXHIBIT B PAYMENT 1. CNTRACTOR's Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses,shall not exceed the total sum of$ 100,000.The payments specified in this Exhibit B shall be the o only payments ma a to Contractor unless the City approves a Supplemental Contract. 2. Billable Rates. Contractor shall be paid for the performance of Services on an hourly rate, daily rate, flat fee, lump sum, or other basis,as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls. 3. CONTRACTOR's Reimbursable Expenses. "Reimbursable Expenses" are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City. No charges or markup will be allowed unless specified in the Contract, including charges for travel and transportation. 4. Payments to CONTRACTOR. Contractor is responsible for supplying all documentation necessary to verify invoices to the City's satisfaction. A. Payments to Contractor shall be made within a reasonable time after receipt of Contractor's invoice, in proportion to services performed or as otherwise specified in Attachment 1 to Exhibit B. Contractor may request payment on a monthly basis. Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of CITY. B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to: apinvoices@cityofsacramento.org (2) Postal Mail. If emailing is not an option, mail to: A/P Processing Center City of Sacramento 915 I Street, Floor 4 Sacramento, CA 95814-2608 C. All invoices submitted by Contractor must contain the following information: (1) Job/Project Name (2) CITY's current Purchase Order Number (3) Contractor's Invoice Number (4) Date of Invoice Issuance (5) Work Order Number(if applicable) (6) CITY representative identified on the Purchase Order Form Approved by City Attorney 9-1-2020 Exhibit B-Page 1 (7) Contractor's remit address (8) Description of services billed under Invoice (9) Amount of Invoice(itemize all authorized Reimbursable Expenses) (10) Total Billed to Date under Contract(if applicable) D. Items must be separated into Services and Reimbursable Expenses. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. CITY is not responsible for delays in payment to Contractor resulting from Contractor's failure to comply with the invoice format described above. S. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City's contract amendment procedures.The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services. 6. Accounting Records of CONTRACTOR. During performance of this Contract and for a period of three years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor's costs for performance under this Contract and records of Contractor's Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the CITY upon reasonable written notice. 7. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor's compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor's breach of this section. Form Approved by City Attorney 9-1-2020 Exhibit B-Page 2 • EXHIBIT C • INSURANCE 1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums.Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City. Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract. 2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury,including death,of one or more persons, property damage,and personal injury,arising out of activities performed by or on behalf of the Contractor and subcontractors,products and completed operations of Contractor and subcontractors,and premises owned, leased, or used by Contractor and subcontractors,with limits of not less than one million dollars ($1,000,000)per occurrence.The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. The City, its officials,employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of:activities performed by or on behalf of Contractor and subcontractors;products and completed operations of Contractor and subcontractors;and premises owned, leased,or used by Contractor and subcontractors. 3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.) X Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death,of one or more persons, property damage and personal injury, with limits of not less than one million dollars($1,000,000) per occurrence.The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. The City,its officials,employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows: "Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement.If,however,Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a Form Approved by City Attorney 9-1-2020 Exhibit C-Page 1 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non- owned and/or hired autos as appropriate to the operations of the Contractor." 4. Excess Insurance. The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage,provided that any umbrella or excess insurance contains,or is endorsed to contain,a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it. S. Workers'Compensation Minimum Scope and Limits of Insurance Coverage.(Check the applicable provision.) X Workers' Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars($1,000,000).The Workers' Compensation policy shall include a waiver of subrogation in favor of the City. No work or services will be performed on or at CITY facilities or CITY Property,therefore a Workers' Compensation waiver of subrogation in favor of the CITY is not required. No Workers'Compensation insurance is required,and by signing this Contract,Contractor certifies as follows: "Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers' Compensation with statutory limits and Employer's Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers' Compensation policy will include a waiver of subrogation in favor of the City." 6. Professional Liability Minimum Scope and Limits of Insurance Coverage. Professional Liability Insurance providing coverage on a claims-made basis for errors and omissions,or malpractice with limits of not less than one million dollars($1,000,000): Is Is not_X_[check one]required for this Agreement. If required,such coverage must be continued for at least year(s)following the completion of all Services under this Contract.The retroactive date must be prior to the date this Contract is approved or any Services are performed. Form Approved by City Attorney 9-1-2020 Exhibit C-Page 2 7. Other Insurance Provisions.The policies must contain,or be endorsed to contain,the following provisions: A. Contractor's insurance coverage, including excess insurance,shall be primary insurance as respects the City, its officials,employees and volunteers.Any insurance or self-insurance maintained by the City, its officials,employees or volunteers will be in excess of Contractor's insurance and will not contribute with it. B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City,its officials, employees or volunteers. C. Coverage shall state that Contractor's insurance applies separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms. 8. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI.Self-insured retentions, policy.terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract. 9. Verification of Coverage. A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand. B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 C. Certificate Holder must be listed as: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta,CA 92564 D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract.The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein. Form Approved by City Attorney 9-1-2020 Exhibit C-Page 3 10. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C. Form Approved by City Attorney 9-1-2020 Exhibit C-Page 4 EXHIBIT D GENERAL CONDITIONS 1. Independent Contractor. A. It is understood and agreed that Contractor (including Contractor's employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor's assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor,Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor's employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract. B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations,is subject to the City's control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract,but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract,this use will be at the Contractor's sole discretion based on the Contractor's determination that the use will promote Contractor's efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party,and unconstrained by the implied covenant of good faith and fair dealing. C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction,supervision,and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours; wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor will issue W-2 or 1099 Forms-for income and employment tax purposes for all Contractor's assigned personnel and subcontractors. D. The provisions of this section will survive any expiration or termination of this Contract. Nothing in this Contract creates an exclusive relationship between CITY and Contractor. Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below. Form Approved by City Attorney 9-1-2020 Exhibit D-Page 1 2. Licenses; Permits, Etc. Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State. 3. Time. Time is of the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract.Neither party will be considered in default of this Contract,to the extent that party's performance is prevented or delayed by any cause, present or future,that is beyond the reasonable control of that party. 4. CONTRACTOR Not Agent. Except as CITY may specify in writing, Contractor and Contractor's personnel have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. Contractor and Contractor's personnel shall have no authority,express or implied,to bind CITY to any obligations whatsoever. 5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly,that would conflict in any manner with the CITY's interests or that would in any way hinder Contractor's performance under this Contract. Contractor further covenants that in the performance of this Contract,no person having any such interest will be employed by it as an officer,employee,agent or subcontractor,without the City's written consent. Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City's interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the CITY,Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any CITY department, board,commission,or committee. 6. Hazardous Substances. "Hazardous Substances" means any substance, material,waste,or other pollutant or contaminant that is or becomes designated,classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree,or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet("SDS")with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised,Contractor must provide a revised SDS to each City location receiving Hazardous Substances. 7. Confidentiality of CITY Information. During performance of this Contract, Contractor may gain access to and use CITY information regarding inventions, machinery,products, prices,apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as "City Information") that are valuable, special and unique assets of the CITY. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or Form Approved by City Attorney 9-1-2020 Exhibit D-Page 2 communicate in any manner any City Information to any third party without the City's prior written consent. In addition, Contractor must comply with all CITY policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief. 8. CONTRACTOR Information. A. CITY shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term "information" means and includes: any and all work product, submittals, reports,plans,specifications,and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models,and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. CONTRACTOR shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by CITY. B. Contractor shall fully defend, indemnify and hold harmless CITY, its officers and employees, and each of them,from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any third parry's trademark, trade name, copyright, patent or other intellectual property rights. CITY shall make reasonable efforts to notify Contractor not later than ten days after CITY is served with any such claim, action, lawsuit or other proceeding. However, City's failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract. C. All proprietary and other information received from Contractor by CITY,whether received in connection with Contractor's proposal to CITY or in connection with Contractor's performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked "trade secret"when it is provided to CITY,CITY shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual"trade secret" designation of such information. D. The parties understand and agree that any failure by Contractor to respond to the notice provided by CITY and seek a protective order, in accordance with the provisions of subsection C,above, constitutes a complete waiver by Contractor of any rights regarding the information designated "trade secret" by Contractor, and the information will be disclosed by CITY in accordance with the Public Records Act. Form Approved by City Attorney 9-1-2020 Exhibit D-Page 3 9. Notification of Material Changes in Business.Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes.Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract. 10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor's profession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to CITY under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor's profession. Contractor shall assign only competent personnel to perform on its behalf under this Contract. Contractor must notify the CITY in writing of any changes in Contractor's staff assigned to perform under this Contract, before any performance by the new staff member. If the CITY, in its sole discretion,determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor.Contractor shall immediately remove the assigned person upon receipt of the notice. 11. Performance or Different Terms and Conditions.The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code,as adopted by any State,that is contrary to the terms and conditions contained herein.Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter,Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract.The California Commercial Code will apply except as otherwise provided in the Contract. 12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county,state or federal government, this Contract may be subjected to increased usage.The Contractor shall serve the City during a declared emergency or disaster,subject to the same terms and conditions that apply during non- emergency/ non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service,then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption 13. Term;Suspension;Termination. A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein. B. CITY shall have the right at any time to suspend Contractor's performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of Form Approved by City Attorney 9-1-2020 Exhibit D-Page 4 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice. C. The CITY shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the CITY terminates this Contract: (1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City. (2) The CITY shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the CITY any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity. 14. Default by Contractor. In case of default by the Contractor,the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made. 15. Indemnity. A. Indemnity: Contractor shall defend, hold harmless, and indemnify City, its officers, and employees,and each and every one of them,from and against all actions, damages, costs, liabilities, claims,demands, losses,judgments, penalties, and expenses of every type and description,whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as"Liabilities"), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor(including lower-tier subcontractors)or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable,whether or not the Liabilities(i) are caused in part by a party indemnified hereunder,or(ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property,or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of,or defects in design furnished by,City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, Form Approved by City Attorney 9-1-2020 Exhibit D-Page 5 servants,or independent contractors are under the supervision and control of Contractor or any subcontractor(including lower-tier subcontractors)or agent of Contractor. B. Insurance Policies;Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City's rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder.This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of the Contractor Information Section, above. C. Survival. The provisions of this section will survive any expiration or termination of this Contract. 16. Funding Availability. A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code. B. The City's payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council. C. This Section shall govern over any other contrary provision of the Contract. 17. Equal Employment Opportunity. During the performance of this Contract, Contractor,for itself, its assignees and successors in interest,agrees as follows: A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled "Equal Opportunity in Federal Employment", as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the "Regulations." B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations. C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race,color, religion,sex, national origin, age, marital status, physical handicap or sexual orientation. Form Approved by City Attorney 9-1-2020 Exhibit D-Page 6 D. Information and Reports:Contractor shall provide all information and reports required by the Regulations,or by any orders or instructions issued pursuant thereto,and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the CITY to be pertinent to ascertain compliance with the Regulations,orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the CITY, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the CITY shall impose any sanctions it determines are appropriate including: (1) Withholding of payments to Contractor under this Contract until Contractor complies; (2) Cancellation,termination, or suspension of this Contract, in whole or in part. F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however,that if Contractor becomes involved in,or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the CITY join such litigation to protect the City's interests. 18. Entire Agreement. This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by CITY, in accordance with applicable provisions of the Sacramento City Code. 19. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract. 20. Severability. If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable,the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law. 21. Waiver. Neither the CITY's acceptance of,or payment for,any Goods or Services,nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract,nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party. Form Approved by City Attorney 9-1-2020 Exhibit D-Page 7 22. Governing Law. This Contract shall be governed,construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California,and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts,and consent to service of process issued by such courts. 23. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. CITY has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the CITY. Any attempted or purported assignment without CITY's written consent shall be void and of no effect. 24. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties,subject to the provisions of Section 23, above. 25. Compliance with Laws.The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission. 26. Debarment Certification A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency; (2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for:commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b)above; or (4) Has not, within a three-year period preceding this certification, had one or more public contracts(federal, state, or local)or transactions terminated for cause or default. Form Approved by City Attorney 9-1-2020 Exhibit D-Page 8 (5) Has not been notified,within a three-year period preceding this certification,been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations. B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City. C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor's responsibility. Disclosures must indicate to whom exceptions apply,the initiating agency,and dates of action. D. City will review the Federal Government's System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement.The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor's warranties and certification in this Section were erroneous, the City may terminate this Agreement for default. Form Approved by City Attorney 9-1-2020 Exhibit D-Page 9 EXHIBIT E ADDITIONAL REQUIREMENTS FOR SURVEYING, MATERIAL TESTING,AND INSPECTION SERVICES The Services provided under this Contract include land surveying,material testing,or inspection services provided for a City construction project during the design, pre-construction, construction, or post- construction phases of the project. Therefore, the services include "Public Work" under the California Labor Code and is subject to the following requirements: A. Payment of Prevailing Wages:Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code Section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that CONTRACTOR and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations("DIR") in accordance with California Labor Code Section 1773. CONTRACTOR and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the CONTRACTOR and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract. This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code Section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law,including Labor Code Sections 1726, 1741, 1771.5,and 1775, and City Code Section 3.60.180. Questions regarding the City's Labor Compliance Program should be directed to the City Representative. B. DIR Registration: California Labor Code Section 1725.5 requires the CONTRACTOR and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5.California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal(subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5. Further information can be found on DIR's website at http://www.dir.ca.gov/Public- Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the CONTRACTOR's and subcontractors' obligation to comply in all respects with all other applicable laws and regulations. The CONTRACTOR shall disseminate these provisions to all subcontractors. Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor's and any subcontractors'current DIR Form Approved by City Attorney 9-1-2020 Exhibit E- Page 1 registration number(s).The Contractor's current DIR registration number and the current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein. To be completed by the City Representative if this Agreement is for the performance of any Public Work: Contractor DIR registration#: C. Workers' Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract. D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is$30,000 or more,the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations,governing the employment of apprentices.The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7. E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work. F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met,the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part,without in any way relieving Contractor or its subcontractors of any obligations under this Contract. G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract. Form Approved by City Attorney 9-1-2020 Exhibit E-Page 2 SIGNATURES The parties have signed this Contract, effective as of the day and year first stated above. CONTRACTOR Under penalty of perjury, I certify that the information provided here is correct. Signature:Tames E Peters James E Peters(Jan 4,2023 15:53 PST) Title: President Additional Signature(if required): Title: CITY OF SACRAMENTO A Municipal Corporation APPROVED AS TO FORM: Signature:/�CliSl./L (.t/• / Kevin W.Kundinger(Jan 11,2023 16:25 PST) Title: Deputy City Attorney Reviewed By: Signature: Title: Nighttime Economy Manager Approved By:! ada. .EtT GGA1 \a} Signature: Michael Jasso(Jan 20,2023 09:46 PST) Title: Assistant City Manager Additional Signature(if required): Title: Exhibit A:Scope of Services RHI's Sociable city Assessment RHI's Sociable City Assessment(SCA)will facilitate the empowerment of your community in building short and long- term action steps to successfully plan and manage your social economy.The SCA is designed to identify issues and barriers and harness existing resources to affect positive change in the social economy. Detailed Ti mef rame I On-Site Visits for Each Project Phase PHASE 1 PHASE 2 PHASE 3 PHASE 4 On-Site Visit 1<1 01 :-`' On-Site Visit#2 02 '' On-Site Visit#3 03 On-Site Visit#4 V 4 Engagement listening Poundtaides Leadership Meetings Sessions Summit dp 6-8 weeks 4-6:c-eks L 6-10weeks In between Visits In between Visits In between Vsits PROJECT DURATION Completion of the Sociable City Assessments four-phase process takes between 9-12 months. Four on-site visits will be scheduled,one per phase of the project. Each on-site visit will be comprised of a variety of individual and group meetings.Some on-site visits require more planning and preparation than others. ESTIMATED TIMELINE:SACRAMENTO 2023 Project duration and scheduling of phases are dependent upon several factors, including the timely completion of tasks,as well as both RHI's and the client's availability for conducting on-site meetings.The proposed schedule below includes lead-up to prepare for the on-site visit that will take place during each phase. January February _ March April May June July August September Phase 1: Engagement Phase 2: Evaluation Phase 3: Action Plan Phase 4: Implementation 4ssisting Businesses and Communities to Platy Sate and Vibrant Places to Sociable 1 11 Celebratmgl 2 Deliverables: Milestones for a Successful Assessment THE SOCIABLE CITY ASSESSMENT provides an opportunity for a broad spectrum of residents, businesses and government officials to collaborate on a plan to achieve a safe,vibrant and well-managed social economy. "THE SOCIAL ECONOMY"is the collective revenue and employment generated by social venues and the suppliers of products and services to support sociability that occurs both during the day and nighttime hours. Engage Stakeholders RHI uses an engagement process that builds bridges across diverse industries and perspectives.By the end of the project,100+ public,private and government STAKEHOLDERS will be: AssEnS ypug CI TV 51� • Oriented to RHI's approach to evaluating the social economy SOCIABILITY Z f I • Trained on the most common approaches and strategies to plan and F `; manage the social economy { • Contribute ideas on priorities,which will be used for action plan development C1tywldeAlllance The long-term success of the social economy requires a sustainable framework for a CITYWIDE ALLIANCE dedicated to the social economy. 4. RHI will evaluate what would be the best fit for your city and provide: Affiance • Analysis of the structure that would be most appropriate for your city Lam_ „ • Suggestions for perspectives to include in a Sociable City Alliance or "' ,e«n. advisory board. Collect BaselMe Data DATA COLLECTION is critical to measure improvement and make data-driven decisions. RHI will collect baseline data and share the methodology to help xr .. you evaluate your social economy over time. Data will be collected for: • Street-level inventory to review business mix • Economic,tax,and employment analysis using available data • Public safety and alcohol harm-related incidents • Core Measures analysis of a Sociable City Final Report A FINAL REPORT provided in Word and PDF versions will serve as a blueprint that your city can use to identify areas for improvement,track progress and coordinate a plan for action.Your report will include: • Evaluation of trends and market forces driving impacts in your social economy • Overview of strengths and challenges in RHI's six core measures of a sociable city • Detailed action plan with implementation steps Sacramento Sociable City Assessment 2 Responsible Hospitality Institute rr :..+" .. -f v 4 ix^�t✓.. PROJECT PHASES AND DETAILED TIMELINE - fi^' ..-z' s n x m '. ., .�, ..„ tt r--!--, -m.-- rvc_"y.r am olftwa k -"�4"�- :.s.�o,, 'l ":- �'rs� a,.,,`•'r,,f:=.s,.�"`.,: p..�. �, _ ,Y Via: �r.�,�v�,—��-- �r.""'.�a.'- -r...... �,r'.�' ,. �. ..� ' F' t rE t Pk-;P.SE ' PHASE 4 rtrt o r'k �s g. ? i',,gcx,rst ent . ..... ACtkl ?t nt ;� %mpien:entC n t r i ENGAGE EVALUATE ACTION IMPLEMENT m ..,> s=, On-Boarding and Training Data Collection Team Surveys on Priority Challenges Edit and Review of Report 54 0 RHI trains the coordinator on Baseline data collection will RHI creates a summary of 5-6 The coordinator and ._ the process,recruitment goals occur.Online meeting to challenges identified in each Transformation Team will Y and the software used for review available data. core measure based on review the report for accuracy atedocument organization. Participant Recruitment information gathered during of information presented.RHI " Transformation Team Listening Sessions. will update and finalize. =t Identification of people to Participants submit their votes Y ,3 A steering group of 12 people invite to Listening Sessions for the top challenges to focus Prepare Slide Deck , •is recruited and oriented to will represent the bulk of the A PowerPoint version of the t on during action roundtables. 7.-w f . RHI's process and recruitment pre-onsite activity during this report will be developed with a �'z= Final Report Development• `t° ; goals. phase. P P brief version of findings and A detailed summary report will action plan. f�,4* Virtual Interviews The Transformation Team will be developed with a summary ?a-:UV identify a broad swath of p r' Prepare for Presentation G. :_} Six interviews are held{each fY of strengths and challenges in k with two Transformation Team stakeholders{48-60 g RHI and the client will work each of the six core measures. �43 members) individuals)in your community together to prepare for the r A comprehensive Action Plan �,1 information. to attend information- final presentation to key gatheringmeetings we call will be created based on g leaders and decision-makers. •-w e - Background Research Listening Sessions. roundtables and RHI sA ; Policies,legislation,visioning E-Learning expertise. reports and relevant info is WSW compiled for review and E learning curricula will be '.: f ` analysis.Review of data available for participants to pot collection. prepare for the Listening Sessions. o Preliminary Slide Deck iitaziall Walt RHI will develop a preliminary 0 -4, slide deck summary of trends Y '-, 4%-4 and market forces driving itv:.` changes in the social I '. economy. ?i Meeting with the Coordinating Conductthree Listening Sessions Six Roundtables to Define Actions: Leadership Summit to share Team and Transformation Team to: to identify strengths and Public Safety project findingsto all participants • Review preliminarytlndings challenges: • Venue Safety Presentation to City Council • Discussrecruitmentgoals • Vibrancy • Public Space StakeholderMeetings: • Safety • Social Venues Planning • Mobility • Elected Officials • Dining&Entertainment Venues ConductWomen'sFocus.Group • Quality of Life • Department Heads Conduct Data Collection Meeting Districttours{dayand night) ''.: Policeride-along Sacra 111011t0 Sociable City Assessment 3 Responsible Hospitality Institute Qssrst nytBrrsjnessr anComm it es t f niurbrantPfaces"toruSoei t ie < � 3a + siw„ r.,sfartt.�zlate 3..:sb-Y*-a'" art R ges� 3n i k Phase L• Engagement Mite' Goal:Engage Project Leaders&Gather Preliminary Background We will orient your Project Leader and Project Coordinator to the process and review our systems for project management. Preliminary information will be gathered and data collection will begin.Your Transformation Team (project steering group)will be selected and interviewed to provide background on your city's social economy. What HappensiMaaity • On-boarding and Coordinator Training:RHI trains the coordinator on the process with a Coordinator's Guide e-curriculum,live Zoom meetings,and pre-recorded e-learning seminars. • Document Storage System:RHI will create a Microsoft Teams site for project management and will review the organization of the filing system. • Public Website Creation:A public facing website will be created and customized for your city. • Background Document Review: Policies, legislation,news reports,visioning reports and other relevant information is compiled for RHI review and analysis. •• Transformation Team Recruitment:A steering group of 12 people is recruited with RHI guidance and oriented to RHI's process and project recruitment goals. • Six Virtual Interviews are held (each with one to two members of the Transformation Team)to gather information on market forces,trends,strengths,challenges and opportunities in the social economy. • Preliminary summary slide deck: RHI will develop a preliminary summary(in PowerPoint)of trends and opportunities in the social economy based on interviews and background research. What Happen On-Sita • Day and Nighttime Tours,including police ride-along • Meeting with the Coordinator to: o Review the next steps for the project o Discuss recruitment goals • Meeting with the Transformation Team to: o Share a preliminary summary of trends and market forces o Identify stakeholders to recruit as project participants • Special Interest Group Meetings: Meetings will be held to introduce the project,orient key stakeholders within your city and gather information on big-picture insights on their views.An additional outcome is to have them brainstorm and self-select representatives who will participate in subsequent meetings in the project. 1. Elected officials(City Council members,City Manager) 2. Department heads(parking,transportation,economic development,zoning,planning,police,fire, code compliance,etc.) 3. Hospitality and social venue operators(owners/operators of dining and entertainment venues) Sacramento Sociable City Assessment 4 Responsible Hospitality Institute r� 3a tie gbkF .rar# ?a spsl p Businesses andtCommunitien la Safeiand lttiktA es to Sociable, r 11 Celebtatingf, f iw E 2 s a x � ..a we maw u _ sr ;e,+s ^ Phase 2:Evaluation Goal:Gather Input on Strengths,Challenges and Opportunities We will dive deep into your city by engaging a broad swath of your community's stakeholders in Listening Sessions on their vision and priorities for the social economy.Information gathered will be used to evaluate the strengths, challenges and opportunities in your city's social economy. What Happensiihtially • Participant Recruitment:Identification of people to invite to Listening Sessions will represent the bulk of the pre-onsite activity during this phase. RHI will work with the client and Transformation Team to brainstorm stakeholders(48-60 individuals) in your community to attend information-gathering and community engagement meetings we call Listening Sessions. • Confirmation of Attendance:After identifying stakeholders to recruit,RHI will customize invitational emails for the client to send with a link to an RSVP form.Attendance status will be updated by the client. What Happens • Three Listening Sessions: Key stakeholders from your city will be invited to share their insights in these interactive sessions. Information gathered will be used to evaluate the strengths,challenges and opportunities in your city's social economy.Each Listening Session will be divided into two sub-groups to be facilitated simultaneously by 2 RHI staff.Recruitment is limited to 16-20 people per Listening Session total to ensure productive discussion. 1. Enhance Vibrancy Listening Session 2. Assure Safety Listening Session 3. Plan for People Listening Session • Women's Focus Group:A multi-generational focus group for women to focus on socializing preferences, safety issues and opportunities for improvement from a woman's lens. • Data Collection Meeting:Review status of available data and what is needed for continued collection. Sacramento Sociable City Assessment 5 Responsible Hospitality Institute P111 .. ssis Businesseza Sommn es ©Ia Safe ild{tibrantkelace o Se alga, ' Ceppr 411. . %raw Phase 3:Action Plan Development Overview Goal: Facilitate Consensus on an Action Plan The third phase builds upon the priorities established through Listening Sessions to develop an action plan.Six Action Roundtables will be held to facilitate consensus on a course of action in RHI's Six Core Measures of a Sociable City.A summary report will be developed and vetted by project leaders. Part :Reundtables What happens virtually? • Summary of Challenges:RHI creates a summary of 5-6 challenges identified in each core measure based on information gathered during Listening Sessions.Challenges will be compiled into six online surveys. • Survey for Participants to Vote on Priority Challenges:Participants submit their votes for the top challenges to focus on during action roundtables. What happens on-site? • Six Action Roundtables: Participants of the Listening Sessions will be invited to return to Action Roundtables. RHI will present to participants the survey results for the top challenges identified by the Listening Session participants.The top 2 challenges will guide action plan development. The roundtables will be on the Six Core Measures of a Sociable City: 1. Public Space Roundtable 2. Social Venues Roundtable 3. Public Safety Roundtable 4. Venue Safety Roundtable 5. Mobility Roundtable 6. Quality of life Roundtable Part 2:Report Dove!Imre Purpose:Finalization of a report summarizing strengths,challenges,opportunities and an action plan. What happens virtually? • Write a Summary Report with an Action Plan:The report will be a summary of the strengths,challenges and opportunities for the social economy in your city with a corresponding action plan. Sacramento Sociable City Assessment 6 Responsible Hospitality Institute Fsi ng Buslnesse comma hies a Plan sat ai brant rlaces,ta 5oei�Nr a B. Cetehratm I, c Phase Lk Implementation Goal:Achieve Buy-In for an Implementation Plan Findings will be presented to key decision-makers(e.g. City Council)and project participants for citywide buy-in and support.The final report will serve as a blueprint for working groups to implement the action plan. What Happens Virtually • Client will Edit Report and RHI will Finalize:RHI will request the coordinator and Transformation Team review the report for the accuracy of the information presented. • Prepare a PowerPoint slide deck summary of the report based on the finalized version. What Happens Onats • Leadership Summit:All participants will be reconvened to hear a presentation on the outcomes from RHI's summary report and prioritize next steps. • City Council Presentation:RHI and key stakeholders(e.g.Transformation Team members)will present the report's findings and action plan to City Leadership. What HappensAfter the Vital ? • Two virtual check-ins(6 months post-project and 1-year post project)to discuss accomplishments to-date and review the gaps, barriers,and challenges to implementing yourcity's action plan.If additional technical training is desired, RHI can help facilitate connections to its network of experts and practitioners. Sacramento Sociable City Assessment 7 Responsible Hospitality Institute 4 • Asses I194B us'nesseszalttl Coy mmnniti s two P Safe and VlbranE Places to�oclallte Cetebra t l� la If 0 3 T Analysis of Storefront Uses, Economic Impact And Employment °MOW Strategic decision-making for planning social districts and social clusters requires data to evaluate current and long- term policy and resource allocation. Storefront Uses and Economic Impact Using existing data,street-level inventory,and analysis of market force trends,the analysis will establish a baseline of key indicators of storefront use,social venue occupancy,and entertainment options. Additional analysis of the social economy will include sales,taxes,employment,and other contributions using available city and public data. Crime.Harm,And Disorder Analysis Conduct an analysis of crime, harm,disorder,and compliance,especially related to venues serving alcohol.This process will establish a collaborative alliance among safety,regulatory and compliance agencies/departments to consolidate data on a district level.This baseline can be used for annual comparison. Employment Assessment A final area to gather information will be employment for full-time and part-time.This information can be used to document jobs and potential needs for parking and late-night safety. What ensue ally • Coordinator orientation on worksheets used for data collection • Identification of existing data sources for storefront inventory,sales,taxes,employment • Organization of business contacts in study areas for survey and data collection • Identification of key contacts in agencies/departments and district managers with access to data • Jon Stover,technical consultant,will assist in the design of data collection tools from city sources,access data through external sources available to his firm,and advise on the analysis of the data available. What ilapponsOn-Site • Department head meeting agenda item in Phase 1 to identify the purpose of the analysis and identification of additional contacts and data sources for the study • Daytime tour of study areas to collect information not available from existing sources,including outdoor dining,entertainment, hours of operation, interior seating distribution, menu options,and price points • . Individual meetings with key nighttime business operators to facilitate improved responses.to online surveys Analysis R::pert The study will include two areas(districts)with high social venue activity to establish baseline information for future comparison.Additional areas can be part of future studies using the tools provided.Among the outcomes will be: Storefront Uses Social Venues Occupancy Economic Employment Safety Breakdown by With and without Interior,exterior, Sales,taxes, Full and part-time by Calls for service, category,retail, alcohol, total, breakdown by the day and time, mode service violations, social,service,etc. entertainment,price By type,with cost of goods,labor, of travel place of last drink, point,etc. alcohol, overhead venue training,etc. entertainment,etc. Sacramento Sociable City Assessment 8 Responsible Hospitality Institute - €�' x= ` .z.o.. ., .r . t- ,a,f,, � 4,i t,,: .,5 fi,-; . 4 . � 1� J S... .71"- rssitolausuns akand ummon em E safezanazwarantPaeesito bociaine . - ,se Staff and Technical Advisors Role:Co-facilitation of meetings and interviews,project management, °"-`°,'': "s : =a documentation,summaryreport development . a . : ALICIA SCHOLER is RHl's Vice President.She is responsible for project „,° -; „,,:.' management,content writing,event program development and marketing strategy. Since she began in 2005,she has developed a variety of educational publications and resources for urban planners.She has participated in more than two dozen y { Sociable City Assessments as a recorder,co-facilitator and summary report writer. She facilitates a women's focus group in client cities to focus on women's safety and preferences. - --- ..- - Role:Co-facilitation of meetings and interviews,policy analysis JOCELYN KANE joined RHI as Senior Advisor on Strategy and Policy in 2019, °' bringing her experience as the Executive Director of San Francisco's Entertainment Commission for fifteen years.In this role,she was charged with ensuring the health ,y x," and vitality of.indoor and outdoor entertainment venues and outdoor events. Her tti policy work includes the first legislative protections for nightlife businesses from t 't new residential and hotel construction and improved the city's sound ordinances. She facilitates meetings to gather information, build trust with stakeholders and develop action plans. k s� '.' Role:Technical Advisor on Project Phases and Data Analysis a d JIM PETERS is the Founder and President of RHI.He oversees the development of 3? z -.�„ = RHI's programs,events and publications.As a consultant for dozens of cities and ` " speaker at conferences worldwide, Peters offers insights on trends and strategies on managing hospitality zones and nighttime economies.Peters has experience and -' r j , education in hospitality management and counseling.He served on several federal tw -e ' advisory boards and is a frequent speaker at conferences worldwide. • Role:Technical Advisor on Data Analysis ° JON STOVER is Founder and Managing Partner of Jon Stover&Associates.Jon has ° devoted his career to providing a fresh,economic-minded approach to - t neighborhood revitalization and public-private partnership.Jon conducted a z- ..,. ` . comprehensive analysis of nighttime economy studies as well as conducting studies , in Washington, DC and Fort Lauderdale,FL. Sacramento Soctabie City Assessment 9 Responsible Hospitality institute ` u ' �kaF �=x ass t A 4W �Sa g°e N - ' ssislin iBnsinessesian tt emmnmties to=Planiafe and lihrant Plam is tialize l I Client's Coordinating Team:Staff&Time Commllment Critical to the success of the Sociable City Assessment are dedicated staff for project leadership,coordination,and logistics. Some cities have found a working team of two three people to be a successful formula to share project coordination duties.RHI has identified two critical roles for a coordination team:a project leader and a project coordinator. Project Leader:They will serve as the main liaison between RHI and project participants.They will have the political connections to garner interest in the project and mobilize key leaders and stakeholders.Since such a broad range of stakeholders will be engaged in this process, it is critical that the coordinator be perceived as neutral and unbiased. Mediation and facilitation skills will be needed to help diverse perspectives work as a team. Project Leaders should plan to dedicate on average 5-10 hours/per week to this project. Project Coordinator:The Project Coordinator will manage the day-to-day logistics and management tasks for the project.They will work in coordination with the Project Leader.The most effective Project Coordinators are enthusiastic, resourceful and detail-oriented individuals.Ideal skills include creative problem-solving, note-taking and report development, project management,multitasking,and public relations. Flexibility is also key to involve stakeholders on different time schedules and to meet deadlines. Project Coordinators should plan to dedicate 10-15 hrs/week to this project. Time Commitment Estimate:Coordinating team staff can anticipate the greatest time commitment during the first two phases of the project:phase lfor onboarding and phase 2 for recruitment.Coordinators report at least 15-20 hours/week in the 2-3 weeks prior to an on-site visit. Ensuring participation by confirming RSVPs is the task that requires the most diligence and time but ensures the most comprehensive product through broad participation in your community. • Sacramento Sociable City Assessment 10 Responsible Hospitality institute issistu[ggggnessendEmmaa><tieso Plana[eandyibrantlsto 5ocialpze 11 eCelebte - Attachment i to Exhibit IS: Payment Schedule RHI's Sociable City Assessment payments are divided into contract signing and based on the completion of on-site visits associated with each phase unless otherwise noted. The total budget for services not to exceed$100,000. Payment Contract Signing $30,000 Phase 1:Engagement $20,000 ❑ Website created ❑ Transformation Team established ❑ Virtual interviews completed ❑ Trends summary presentation completed ❑ On-site Engagement meetings conducted Phase 2:Evaluation $20,000 ❑ Intro presentations created ❑ On-site Listening Sessions conducted Phase 3:Action Plan $20,000 ❑ On-site Roundtabtes conducted ❑ Draft summary report delivered to client Phase 4:Implementation $7,000 ❑ Final report in Word and PDF versions ❑ Analysis report of storefront uses,economic impact,and employment ❑ PowerPoint presentation ❑ Leadership Summit conducted Incidental Expenses(lodging) $3,000(estimate) lime of Performance The time of performance from contract signing and administrative requirements to the final presentation and virtual check-in is one year. Sacramento Sociable City Assessment 11 Responsible Hospitality Institute • lts s es umman a toPan Sae- mlnrawacestit5acalte r 1 Celehratinal 4i ltiain i Exhibit C: Facilities Meeting facilities to be provided by the city are listed below.(Note:Sample on-site meeting schedule, room set-up diagrams,and materials list will be provided with the Coordinator's Manual). Venue Selection It is critical that venues selected for meetings be considered neutral and centrally located for accessibility and convenience.Venues do not necessarily need to be affiliated with the city government. Library meeting rooms, community rooms,and Business Improvement District meeting spaces,if they meet space and AV requirements,are options to consider. • FACILITIES TO BE PROVIDED BY THE CITY Meeting Space for Coordination Team and Transformation Team(same meeting space can be used) • Room set-up:Hollow square or board room • Seating for 16-18 • AV is necessary(projector,screen) Department Heads Meeting • Room set-up:Hollow square or board room • • Seating for 18-20 • AV is necessary(projector,screen) tel ,. Elected Officials Meeting Note:Some clients feel a more informal setting(e.g.coffee shop,restaurant)is more conducive to open discussion if elected officials are met with individually. • • Room set-up:Board room ZikviiM ` EN • • Seating for 6-10(depends on whether meetings are conducted individually or as a group) Data Collection Meeting • AV is Necessary • Room set-up:1 conference table or hollow square • Seating:6-8 a NON-CITY PROVIDED FACILITY leLgagt.sli Social Venue Operators Meeting • Venue:To be held in a centrally located hospitality venue(e.g.bar,club,restaurant). • Room set up:Classroom style chairs • • Seating for 25-30 4w FACILITIES TO BE PROVIDED BY THE CITY ° Listening Sessions .,, . Reserve facility for 2 days(for 3 meetings) Wiv_ • AV is Necessary � -• • Room set-up:2 conference tables ` . • Seating:Each conference table should seat 12-14 each(with 24-28 chairs total in the room) iNg q," • Room size:Ensure there is sufficient spacing for separate simultaneous discussions(with tables at � , � „� � least 15-20 feet apart) tA � Women's Focus Group Y -• A • AV is Necessary • Room set-up: I.conference table or hollow square f,5 - • Seating:16-18 Sacramento Sociable City Assessment 12 Responsible Hospitality Institute • ",',-->'. 4,1' caye' 070:: �r . ..OMilf " �6. +,. x'a y,� -."V>,"v" f -` a w ` -..-a a ;sf, _ -tb. -u ,.z. 4ssisn BUS eS es e�mmUn s t©f lan Safe=and llhrantl aces oM1skiallte " 11l CelepraUni lit, l 1 2 , Rou ndta bles 1111,4- 04 � „ Reserve same facility for 3 days(6 meetings total) z-1 . • AV is Necessary r1 • Room set-up:1 conference table or hollow square s a a • Seating:12-14 p = e Leadership Summit • AV is necessary s • Room set-up:Head table for 6 people,podium and mic;six roundtables for 10 people; ., P P P , P P �' • Seating:60 " gwi. • Additional Chairs City Council Presentation s41 • Venue:City Council Chambers • AV is Necessary Sacramento Sociable City Assessment 13 Responsible Hospitality Institute