Cities Index.
Item D-9 Agenda Report

Beverly Hills City Council
July 1, 2025

Document
Item D-9 Agenda Report
Meeting
July 1, 2025
Body
Beverly Hills City Council
Pages
4
Original file
1.0 MB
Text extracted from the city's file for reading and search. Open the original on beverlyhills.granicus.com. That file is the official record.

AGENDA REPORT
Meeting Date: July 1, 2025
Item Number:

To: Honorable Mayor & City Council
From: Chad Lynn, Deputy Director of Special Projects, Public Safety Subject: AGREEMENT WITH RODEO DRIVE, INC. FOR FISCAL YEAR 2025- 2026 MARKETING; AND
PURCHASE ORDER FOR FISCAL YEAR 2025-2026 IN THE NOT-TOEXEED AMOUNT OF $184,998 Attachments: 1. Agreement with Rodeo Drive, Inc. (Rodeo Drive Committee)

2. June 3, 2025, Staff Report for Rodeo Drive FY 25/26 Work Plan (without attachments)

RECOMMENDATION
Staff recommends the City Council:
1) Approve an Agreement between the City of Beverly Hills and Rodeo Drive, Inc. for promotion of the City for Fiscal Year 2025-2026 (Attachment 1); 2) Approve a Fiscal Year 2025-2026 (FY 25/26) purchase order for Rodeo Drive, Inc. for marketing Rodeo Drive in an amount not to exceed $184,998; and 3) Waive the bidding requirements pursuant Beverly Hills Municipal Code 3-3-204 (D) as Rodeo Drive, Inc., through its mission and partnership with the City, represents certain unique aspects of attracting tourists and performing marketing while maintaining the City’s brand; thus, it would be in the best interest of the City to continue to utilize this vendor for these services.

INTRODUCTION
At the June 3, 2025, Study Session, the City Council reviewed and approved the FY 25/26 work plan and funding request (Attachment 2) presented by Rodeo Drive, Inc. (RDC) for marketing services, social media, website management and banner production for two “Rodeo Drive Celebrates” events. This item requests the City Council approve an agreement with the RDC for marketing Rodeo Drive, issue a FY 25/26 purchase order in an amount not to exceed $184,998, and waive the bidding requirements as it is in the best interest of the City.

D-9
Meeting Date: July 1, 2025

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DISCUSSION
Similar to previous years, the RDC has received City support to conduct marketing and special programming on behalf of its retailers, hotels and property owners to promote tourism and visitor spending on Rodeo Drive. Funding for these purposes has been provided from the City’s Tourism and Marketing Budget. On May 12, 2025, the City Council Liaison/ Rodeo Drive/ Special Events/ Holiday Program Committee Liaisons (Liaisons) Mayor Nazarian and Councilmember Friedman, reviewed the FY 25/26 work plan and funding request presented by the RDC for marketing and banners for special programming “Rodeo Drive Celebrates”. The recommendations from the Liaisons were presented at the June 3, 2025, City Council Study Session, which the City Council approved.

This item, if approved by the City Council, approves the execution of an Agreement between the City and RDC for FY 25/26 marketing of, and special programs for, Rodeo Drive; authorizes the issuance of a FY 25/26 purchase order to the RDC in the amount of $184,998; and waives the bidding requirements per Beverly Hills Municipal Code 3-3- 204 (D) because it would be in the best interest of the City to continue to utilize this vendor for these services.

FISCAL IMPACT
The City has maintained a policy of funding its tourism and marketing programs from a specific allocation of the transient occupancy tax (“TOT”). The City collects a total of fourteen percent TOT based on gross room sales from the City’s hotels. One-seventh of the total TOT revenue has been the basis of calculating the funding for the Tourism and Marketing budget in Beverly Hills for over 27 years. The Policy & Management Department’s Tourism and Marketing budget (01001311) provides funding for activities, which market and promote the City to potential travelers.

Using the current TOT budget estimate of $46,364,000 for FY 25/26, the one-seventh available funding would be approximately $6,623,429. In FY 25/26 this includes Council-approved, recommended and to-be-determined funding for:

Description of Program to be Funded from Tourism &
Marketing Budget (TOT)
Potential Budget
Allocation FY 25/26
Intellectual Property Legal Services $100,000
Conference & Visitors Bureau
Approved funding for FY 25/26
Work Plan
$4,668,581
Rodeo Drive Committee
Approved funding for FY 25/26 Work
Plan
$184,998
Portion of the Beverly Hills Chamber of Commerce Work Plan Estimated/Requested funding for FY 25/26
$153,730
Landscape Funding for Rodeo Drive $30,000
Concours D'Elegance in 2026
Estimate based on prior year funding $315,000
Contingency Funding for other Tourism & Marketing Events (including the Holiday Lighting Celebration and Rodeo Drive Holiday Décor for Holidays 2025)
$1,171,120
Total $6,623,429
Meeting Date: July 1, 2025

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To execute the proposed work plan for FY 25/26, the RDC is approved for $184,998 in funding from the City. Funding is included in the FY 25/26 Policy and Management Tourism and Marketing Budget (00101311-734400) for the RDC’s proposed work plan, along with the other programs listed above, and will be available upon agreement adoption by the City Council.

Keith Sterling,
Deputy City Manager
Approved By
Attachment 1
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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
RODEO DRIVE, INC. FOR FISCAL YEAR 2025-2026 MARKETING
NAME OF CONTRACTOR: Rodeo Drive, Inc.

RESPONSIBLE PRINCIPAL OF CONTRACTOR: Kathy Gohari, President CONTRACTOR'S ADDRESS: P.O. Box 853
Beverly Hills, California 90212
Attention: Kathy Gohari, President
CITY'S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Nancy Hunt-Coffey, City
Manager
COMMENCEMENT DATE: July 1, 2025
TERMINATION DATE: June 30, 2026
CONSIDERATION: Not to exceed $184,998 .00 and
more particularly described in Exhibit B
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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
RODEO DRIVE, INC. FOR FISCAL YEAR 2025-2026 MARKETING
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called "CITY"), and Rodeo Drive, Inc. (hereinafter called “CONTRACTOR” or "RDI").

RECITALS
A. RDI is a business organization located in the City of Beverly Hills that has experience conducting or participating in the development of marketing for the benefit of CITY.

B. CITY desires to engage RDI for marketing for the benefit of Rodeo Drive and CITY. C. Section 37110 of the State Government Code authorizes the expenditure of monies for promotions.

D. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the "Scope of Work"), attached hereto and incorporated herein.

E. RDI represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. RDI's Scope of Work.

RDI shall perform the Scope of Work described in Exhibit A, attached hereto and incorporated herein, in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by RDI under $25,000.00 may be done without approval of CITY; however, RDI shall notify the City Manager and/or the City Manager’s designee after such change has occurred at a time frame mutually agreed upon by CITY and RDI.

For reallocations between $25,001.00 - $50,000.00, RDI must obtain written approval from the City Manager. A copy of the request shall be sent to the Beverly Hills City Council Liaison/Rodeo Drive/Special Events/Holiday Program Committee and/or the City Manager’s designee prior to reallocation of the funding.

For reallocations above $50,000.00, RDI must obtain approval from the Beverly Hills City Council Liaison / Rodeo Drive / Special Events / Holiday Program Committee at an agendized meeting prior to reallocation of the funding.

Section 2. Ownership of Work Product.
(a) Unless otherwise agreed upon in writing, all reports, documents, or other written or visual material or any other material in any media, including any images, taglines, logos, or other media created or developed by RDI or any third party contracted by RDI, in the Docusign Envelope ID: 5F2A3F1F-86B3-455D-93B7-97B0FD19EB7D -3-
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performance of this Agreement, whether or not paid in whole or in part by the funding provided by this Agreement (“Work Product”) shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. All Work Product shall be considered to be “works made for hire,” and all such Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of CITY without restriction or limitation upon their use, duplication or dissemination by CITY. RDI shall not obtain or attempt to obtain copyright protection as to any of the Work Products.
(b) RDI hereby irrevocably assigns exclusively to CITY, all right, title and interest in such trademarks and/or copyrights or other intellectual property rights in the Work Products.

RDI shall take all acts requested by CITY in order to enforce CITY’s rights under this Section. (c) RDI shall not retain ownership of or any right, title or interest in any of the Work Products, including, but not limited to, in any related trademarks, copyrights, or other proprietary rights. CITY and RDI agree that the Work Product and all such rights, title and interest in or to the Work Products belong to and are being sold and assigned in their entirety to CITY for whatever use it desires, and that CITY does and shall at all times own, solely and exclusively, complete and unencumbered, all right, title and interest in and to all of the Work Product worldwide, any modifications thereto and any derivative works based thereon (including, but not limited to, all patent, copyright, trademark, service mark and trade secret rights). Nothing contained herein shall be deemed to constitute a mere license or franchise in CITY. The parties further agree that CITY will be free to use, modify, distribute, sell, license or otherwise exploit all such Work Products and any modifications to or derivative works based thereon without any restrictions or limitations or any obligations or payments to RDI and that RDI shall have no such rights.
(d) From time to time RDI will engage photographers to take photographs or will purchase images for use in RDI’s marketing campaigns, collateral or other uses. As to those third-party photographs or images whereby RDI negotiates to purchase not only the photograph or image but also the copyright or other intellectual property rights, the provisions of this Section 2 will apply. As to those third-party photographs or images whereby RDI negotiates to purchase only the use of the photograph or image and the copyright is maintained with the photographer, the provisions of this Section 2 will not apply. (e) This Section shall survive termination of this Agreement.

Section 3. Time of Performance.

RDI shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. RDI shall complete the performance of services by the Termination Date set forth above and/or in conformance with the project timeline established by the City Manager or her designee.

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Section 4. Compensation.
(a) Compensation
CITY agrees to compensate RDI for the services and/or goods provided under this Agreement, and RDI agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit A and in Exhibit B, attached hereto and incorporated herein.
(b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services
CITY may from time to time require RDI to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 5. Payment.

CITY shall pay RDI said Consideration in accordance with the method and schedule of payment set forth in Exhibit B, attached hereto and incorporated herein. RDI shall submit written requests for advanced payments for expenditures based on the schedule listed in Exhibit B for the various projects as set forth in Exhibit A. CITY shall provide payment to RDI upon approval of the request by CITY’s Finance Director or her designee. CITY shall use its best efforts to make payment to RDI within fifteen (15) days of receipt of request. Except as provided in Section 1(a) of this Agreement, RDI shall return to CITY any unused funding within sixty (60) days of reconciliation of the expenses described in Exhibit A or some other time period as mutually agreed upon in writing between RDI and CITY. Alternatively, RDI may request the approval of the Beverly Hills City Council Liaison / Rodeo Drive / Special Events / Holiday Program Committee to retain the unused funding as part of the Fiscal Year 2025-26 annual work plan. The approval by the Liaison Committee will require further approval by the City Council.

Section 6. Independent Contractor.

RDI is and shall at all times remain, as to CITY, a wholly independent Contractor.

Neither CITY nor any of its agents shall have control over the conduct of RDI or any of RDI's employees, except as herein set forth. RDI shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

Section 7. Assignment.

This Agreement shall not be assigned in whole or in part, by RDI without the prior written approval of CITY. Any attempt by RDI to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

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Section 8. Responsible Principal(s).
(a) RDI's Responsible Principal set forth above shall be principally responsible for RDI's obligations under this Agreement and shall serve as principal liaison between CITY and RDI. Designation of another Responsible Principal by RDI shall not be made without prior written consent of CITY.
(b) CITY's Responsible Principal shall be the City Manager or her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 9. Permits and Licenses
RDI shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of RDI
RDI affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with RDI.

Section 11. Insurance.
(a) RDI shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by RDI.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by RDI in performing the Scope of Work required by this Agreement. (3) Workers’ Compensation insurance as required by the State of California.
(4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, RDI agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) RDI shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement.

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(c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) RDI agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at RDI’s expense, the premium thereon.
(e) At all times during the term of this Agreement, RDI shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. RDI shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming CITY as an additional insured. (f) RDI shall provide CITY with thirty (30) days prior written notice if the policies required under this Agreement will be canceled or reduced. All of the policies required under this Agreement shall state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (g) The insurance provided by RDI shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, RDI shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or RDI shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against RDI and its insurance carriers.

Section 12. Indemnification.
(a) RDI agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of RDI or any person employed by RDI in the performance of this Agreement.
(b) All duties of RDI under this section shall survive termination or expiration of the Agreement.

Section 13. Termination.
(a) CITY may terminate this Agreement early, at any time, with or without cause, upon thirty (30) days prior written notice to RDI. In the event of such termination, CITY shall pay RDI for all costs and obligations reasonably incurred by RDI in performing its services under this Agreement prior to the date RDI was notified of such termination. Any payments made to RDI shall be in full satisfaction of CITY’s obligations hereunder and in no event shall Docusign Envelope ID: 5F2A3F1F-86B3-455D-93B7-97B0FD19EB7D -7-
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any payment made by CITY exceed the consideration listed above. CITY shall not be obligated to pay additional funds after issuance or receipt of such notice for any aspect or part of any of the Programs or such other events and initiatives with respect to which RDI makes a commitment after the issuance of such notice.
(b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by RDI, RDI shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall RDI be entitled to receive more than the amount that would be paid to RDI for the full performance of the services required by this Agreement. RDI shall have no other claim against CITY by reason of such termination, including any claim for compensation.
(c) Notwithstanding the above, if there is an event or circumstance beyond the reasonable control of CITY, such as a natural or man-made emergency or disaster including, without limitation, fire, earthquake, tsunami, declared local, statewide or national emergency, pandemic such as COVID-19, terrorism, and/or any event or circumstance involving other public health, safety or welfare considerations, this Agreement may be terminated by CITY immediately with written notice to CONTRACTOR. In the event of termination under this subsection, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement. CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 14. CITY's Responsibility.

CITY shall provide RDI with all pertinent data, documents, and other requested information as is available for the proper performance of RDI's Scope of Work.

Section 15. Reports.
(a) Within sixty (60) days of the conclusion of the programs described in Exhibit A, RDI shall submit a report to CITY in a form acceptable to the City Manager or her designee.

The reports shall include, without limitation, information on overall project management and achievement of goals in relation to the items listed in Exhibit A and budget set forth in Exhibit B, attached hereto and incorporated herein. This report will include the percentage of services and/or action items completed and defined measurements of the goals achieved. This report shall also include copies of requests for proposals, agreements, invoices, and proof of time worked where applicable when requested by CITY. RDI shall use its best efforts to develop a process to obtain data and metrics for the Program and provide detailed information regarding CITY’s return-on-investment to CITY. The City Manager and/or her designee and RDI shall mutually agree in writing on what metric information shall be gathered and provided to CITY to gauge the success of the programs identified in Exhibit A. (b) With reasonable notice from CITY, RDI shall provide to CITY copies of any and all work product, documents reports, property and books produced by RDI in fulfillment of this Agreement (“Documents”). This shall be solely for the purpose of confirming and evaluating the execution of the programs described in this Agreement and shall not include records and documents unrelated to the execution of such programs (e.g., personnel records). RDI’s obligation to maintain such Documents shall continue for three years after the termination of this Agreement. This provision shall survive the termination of this Agreement.

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(c) RDI shall also include the activities associated with this Agreement in their Audited Annual Financial report that is prepared by a Certified Public Accountant for fiscal year 2025-2026. A copy of this report shall be provided to CITY. Such report shall provide consolidated financial reporting for RDI as a whole, and separately detailed accounts for each program funded by CITY. The report shall be due within six (6) months of the end of RDI's 2025-2026 fiscal year. At CITY’s sole discretion, consolidated annual accounts may be substituted for full audited accounts. At CITY’s sole discretion, consolidated annual accounts may be substituted for full audited accounts.
(d) RDI shall establish and maintain an accounting system in accordance with generally accepted accounting principles and standards. The system shall detail all costs chargeable to CITY under this Agreement and shall substantiate all such costs and comply with any applicable State and Federal standards.
(e) RDI shall endeavor to develop, in consultation with CITY, a program-based budget for all CITY-funded programs. Implementation of a program-based budget is not intended to affect the requirements outlined in paragraph (d) of this Section relating to generally accepted accounting principles.
(f) CITY shall have the right to request and perform a full audit of any and all activities undertaken by RDI that is funded by CITY. RDI shall fully comply with any request made by CITY selected auditor including, but not limited to, producing records and reports; providing information on business practices; and updating business practices, record keeping, reporting data, etc. as requested by CITY to comply with the audit findings.

Section 16. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by RDI and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 17. Records Retention and Examination. RDI shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. RDI shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. RDI shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, RDI shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. RDI must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 18. Nondiscrimination by RDI. In the performance of this Agreement, RDI assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity Docusign Envelope ID: 5F2A3F1F-86B3-455D-93B7-97B0FD19EB7D -9-
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supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). RDI shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

Section 19. Notice.
(a) Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
(b) Whenever it shall be necessary for any party to serve notice on another respecting this Agreement, such notice shall be served by certified mail addressed to the City Clerk of the City of Beverly Hills, 455 North Rexford Drive, Beverly Hills, California 90210; or to RDI, P.O. Box 853, Beverly Hills, California 90212, unless and until a different address may be furnished in writing by any party, and such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes.

Section 20. Attorney’s Fees.

In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 21. Entire Agreement.

This Agreement represents the entire integrated agreement between CITY and RDI, and supersedes all prior negotiations, representations or agreements, either written or oral.

This Agreement may be amended only by a written instrument signed by both CITY and RDI.

Section 22. Exhibits; Precedence.

All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express or implied provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 23. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

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Section 24. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than RDI.

Section 25. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the ___day of _______, 2025 at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
SHARONA R. NAZARIAN, PsyD
Mayor of the City of Beverly Hills,
California
ATTEST:
_______________________ (SEAL)

HUMA AHMED
City Clerk
RODEO DRIVE, INC.
_______________________

KATHY GOHARI
President
_______________________

MARK TRONSTEIN
Treasurer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
Signatures Continue Next Page
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CHAD LYNN
Deputy Director of Special
Projects, Public Safety
_______________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
_______________________________

ANTHONY RODSTEIN
Purchasing Services Manager
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EXHIBIT A

SCOPE OF WORK
RDI shall perform the services described in this Exhibit A, attached hereto and incorporated herein. This shall include:

I. RODEO DRIVE SOCIAL MEDIA AND WEBSITE
RDI shall utilize the funding provided to maintain the Rodeo Drive website and include marketing, event microsites, social media, maintaining RDI’s email account, search engine optimization (SEO), and a variety of special programs, with the goal to enhance Rodeo Drive’s visibility as a world-class destination and bring more visitors to Rodeo Drive.

RDI shall perform digital marketing with content and strategies to include but limited to:
 Maintain RDI website, including SEO optimization
 Curate and produce content for the RDI Instagram, TikTok, and Facebook Social Media Accounts
 Monitor and implement new trends to stay relevant
 Support RDI members on social media and the website to bring people and tourists to Rodeo Drive
 Promote global relevancy by sharing local events on a global level to attract new audiences from all over the world
 Highlight and feature key moments and events on all digital channels, including Rodeo Drive Celebrates
 Utilize interconnected and efficient workflows, working with the City of Beverly Hills, ALLY, J. Ben Bourgeois Productions, Inc., and other administrative and public relations vendors
 Cross promote existing marketing material related to appropriate and relevant events and social media posts with CITY, Beverly Hills Chamber of Commerce and Beverly Hill Conference and Visitors Bureau
RDI will also work with the CITY to produce street-pole banners for two (2) special events, “Rodeo Drive Celebrates” as per the work plan. There is no funding request associated with this work plan item for this fiscal year, as the RDI has secured sponsors of the banners, and thus will be responsible for any and all payment for them to the CITY’s vendor, A3 Visual.

RDI may reallocate funding for initiatives as described in Section 1. RDI's Scope of Work for the activities outlined by category in Exhibit B, attached hereto and incorporated herein.

Programming
RDI shall be responsible for creating the marketing designs for all special programming, social media, and website. Where applicable, RDI shall provide designs to CITY for all advertising, graphics, collateral, etc. with enough time to provide feedback and request a redesign. Any costs of a redesign shall be borne by RDI. RDI shall not produce, fabricate, manufacture, or distribute advertising without prior CITY approval.

Docusign Envelope ID: 5F2A3F1F-86B3-455D-93B7-97B0FD19EB7D -12-
B0785-0001\3122332v2.doc
II. INFECTIOUS DISEASE
A. RDI shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention Non-Emergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.

B. RDI shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

C. RDI shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310-285- 1073.

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compensate RDI for the satisfactory performance of the work described in this Agreement, or as mutually agreed upon in writing prior to performing the services described in the Agreement, in an amount not to exceed One Hundred Eight-Four Thousand Nine Hundred NinetyEight Dollars ($184,998.00). Funding received by RDI from CITY shall be spent as shown below.

Any reallocation of funding between items, or for items not listed, shall comply with the requirements listed in Section 1. RDI’s Scope of Work of this Agreement. *While Rodeo Drive Celebrates and its associated street pole banners are a part of the RDI work plan, they have secured separate partnerships and sponsorship for this funding and no payment is required from CITY.

Website & Social Media Management FY 25/26
Total Agency Fee, Including: $159,998
Website Updates & Management / Content Curation $40,003 Social Media Management / Content Production, Curation & Engagement
$119,995
Total Third-Party Costs, Including: $25,000
Paid Social Media Advertisement $8,000
Purchasing Content & Content Creation $8,000
Website Template Updates, Hosting of Website, Apps, Email, Language plug-in
$4,000
SEO, AI chat bot (NEW) $4,000
Misc. Expenses $1,000
Rodeo Drive Celebrates Program FY 25/26
Rodeo Drive Celebrates Total* $0
RDC FY 25/26 Total Funding Request $184,998
Docusign Envelope ID: 5F2A3F1F-86B3-455D-93B7-97B0FD19EB7D -13-
B0785-0001\3122332v2.doc
RDI shall submit an itemized statement to CITY for services as outlined in Exhibit A, which shall include documentation setting forth in detail a description of the services to be performed.

CITY shall pay RDI in accordance with the Payment Schedule below:

Funding Period (July 1, 2025 – June 30, 2026)
RDI Remits Invoice
to CITY
CITY Issues
Payment to RDI Period Covered Payment Amount
July 1, 2025 July 24, 2025 July 1 – September 30 $46,249.50 September 2, 2025 September 18, 2024 October 1 – December 31 $46,249.50 December 1, 2025 December 18, 2025 January 1 – March 31 $46,249.50 March 2, 2026 March 19, 2026 April 1 – June 30 $46,249.50 Total $184,998.00
Docusign Envelope ID: 5F2A3F1F-86B3-455D-93B7-97B0FD19EB7D -15-
B0785-0001\3122332v2.doc

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION

It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance 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.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

Docusign Envelope ID: 5F2A3F1F-86B3-455D-93B7-97B0FD19EB7D Certificate Of Completion
Envelope Id: 5F2A3F1F-86B3-455D-93B7-97B0FD19EB7D Status: Sent Subject: Complete with Docusign: FY25-26 CLEAN Agreement - Rodeo Drive.pdf Source Envelope:

Document Pages: 15 Signatures: 6 Envelope Originator:

Certificate Pages: 3 Initials: 0 Mandy Jiang
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
6/18/2025 8:55:19 AM
Holder: Mandy Jiang
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Kathy Gohari
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 104.60.22.66
Signed using mobile
Sent: 6/18/2025 2:51:41 PM
Resent: 6/23/2025 9:41:26 AM
Viewed: 6/24/2025 3:49:15 PM
Signed: 6/24/2025 3:49:30 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Mark Tronstein
[email protected]
Authorized Signatory
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 2600:387:15:3517::3
Signed using mobile
Sent: 6/24/2025 3:49:31 PM
Viewed: 6/24/2025 4:09:30 PM
Signed: 6/24/2025 4:09:53 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Chad Lynn
[email protected]
Assistant Dir of Publc Work CBH
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 6/24/2025 4:09:54 PM
Viewed: 6/24/2025 5:38:57 PM
Signed: 6/24/2025 5:39:05 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 6/24/2025 5:39:07 PM
Resent: 6/25/2025 9:04:11 AM
Viewed: 6/25/2025 10:46:43 AM
Signed: 6/25/2025 10:46:53 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Signer Events Signature Timestamp
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 6/25/2025 10:46:55 AM
Viewed: 6/25/2025 2:25:00 PM
Signed: 6/25/2025 2:25:06 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Deborah Hakman For
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 207.212.33.69
Signed using mobile
Sent: 6/25/2025 2:25:08 PM
Viewed: 6/25/2025 4:01:04 PM
Signed: 6/25/2025 4:01:35 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Mandy Jiang
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/25/2025 4:01:37 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Sharona R. Nazarian
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/18/2025 2:51:41 PM
Payment Events Status Timestamps
Attachment 2

STAFF REPORT
Meeting Date: June 3, 2025
To: Honorable Mayor & City Council
From: Magdalena Davis Jones, Community Outreach Manager Chad Lynn, Deputy Director Special Projects, Public Safety Subject: Recommendation of the City Council Liaison / Rodeo Drive/Special Events/Holiday Program Committee for Fiscal Year 2025-2026 Workplan and Funding Request for the Rodeo Drive Committee (RDC)
Attachments: 1. Rodeo Drive Committee Proposal for 2025-2026 Website and Social Media from ALLY Communications & Marketing

2. 2025 “Rodeo Drive Celebrates” Program & Banners

3. Council Report from February 19, 2025: Rodeo Drive
Committee Partnership for Public Art Displays (without
attachments)

4. City Council Liaison/Rodeo Drive /Special Events /Holiday Program Committee – Report from May 12, 2025 (without
attachments)

INTRODUCTION
This item requests Council review of the Liaison recommendation of the proposal from the Rodeo Drive Committee (RDC) for funding for ongoing operational projects of their website, social media, and “Rodeo Drive Celebrates” program for Fiscal Year 2025-2026 (FY 25/26) as well as banners associated with Summer and Fall 2025.

The RDC receives funding from the City’s Tourism and Marketing Budget, which is funded through the City’s transient occupancy tax (TOT). Liaisons recommended to approve the request from the RDC for website and social media funding is $184,998 (no increase from prior years) and this year, there is no request for “Rodeo Drive Celebrates” funding for banners, due to partnerships with sculptor Richard Orlinski, and RDC member Dior.

DISCUSSION
The Rodeo Drive Committee is a nonprofit volunteer membership organization comprised of nearly 100 retailers, hotels and property owners that help shape the present and future of the world-famous destination. Founded in 1972, the Committee promotes Rodeo Drive through a variety of programs, which enhance the street’s image, provide public benefit to residents, and visitors alike.

Meeting Date: June 3, 2025

Page 2 of 5 ends

Prior to the start of each fiscal year, the Beverly Hills City Council Liaison/Rodeo Drive Committee/Special Events/Holiday Program Committee (“Liaisons”) meet to discuss and review the annual work plan items for the upcoming year for the RDC. On May 12, 2025, Liaisons Mayor Nazarian and Councilmember Friedman made a recommendation to recommend approving the RDC’s proposed work plan, including their website, social media, and “Rodeo Drive Celebrates” program banners (Attachment 4).

It should be noted that this proposed workplan is the base funding for the fiscal year.

Annual signature events such as the Concours d’Elegance Father’s Day Car Show, and Holiday Lighting Celebration, which are partnerships between the RDC and City, are brought separately to the Liaisons and full City Council for review and approval.

For many years, the RDC has received City support to conduct marketing and events to promote tourism and visitor spending on Rodeo Drive on behalf of the retailers, hotels, and property owners. Funding for these purposes has traditionally been provided from the City’s Tourism and Marketing Budget, funded by Transient Occupancy Tax (“TOT”). The current work plan is proposed to be funded from the same budget.

The RDC’s proposed annual work plan and funding request of $184,998 for FY 25/26 is for digital marketing management, social media content creation, and ongoing website maintenance (Attachment 1) from ALLY Communications and Marketing. These tools will be used for:
• Website Updates and Management / Content Curation;
• Social Media Management / Content Production, Curation & Engagement; • And Third-Party Costs (paid social media advertisement, purchasing content, website hosting and templates, apps, email, language plug-in, SEO, AI chat bot, etc.)
The funding request of $184,998 has not increased over the last four fiscal years. Liaisons recommended approval for the proposed scope and budget, noting that key metrics have increased and improvements, particularly to the website, have been made year-over-year, without the budget increasing.

Additionally, the RDC proposes to continue the twice-yearly program “Rodeo Drive Celebrates” in August and October 2025. The inaugural and follow up annual events took place for the last two years in Summer and Fall 2023 and 2024, with participation from RDV member retailers, restaurants, and hotels. The first campaign, “Rodeo Drive Celebrates Fashion” is held the first week of August 4-10, 2025, while the second campaign, “Rodeo Drive Celebrates Timepieces and Fine Jewelry” is held the first week of October 6-12, 2025.

The program’s goal is to continue the success of individual brands creating activations and experiences for visitors and shoppers. In addition to the marketing that RDC conducts for these programs, they also utilize the City’s street-pole banner program for awareness of these events. In order to eliminate the need for additional City funding, the RDC has sought partnerships with artist Richard Orlinski designing and sponsoring the Summer banners, and RDC merchant Dior designing and sponsoring the Fall banners.

These banners are in addition to the partnerships the RDC has curated for public art displays. At the City Council meeting of February 19, 2025, the RDC received City cosponsorship approval for art partnerships with notable artists Mr. Brainwash and Richard Orlinski (Attachment 3). During both “Rodeo Drive Celebrates” programs, Orlinski’s largescale animal art pieces will be on display. The City is a co-sponsor of the Rodeo Drive Meeting Date: June 3, 2025

Page 3 of 5 ends

Celebrates program and public art displays, waiving the permit fees and reviewing all designs for banner artwork.

The RDC is not seeking funding from the City for the event programs or the street pole banners for either event. Liaisons recommended the program and banner designs move forward for Council approval (Attachment 2), after a few questions regarding the designs as not potentially impactful as previous banner campaigns. The RDC noted that with a partner, matching the aesthetics of their brand was a priority, and that the final design could potentially have a border or other highlight of color for Dior. For the Orlinski banners, the RDC took Liaison feedback to develop new options for Council review. Of the now 3 options presented, the RDC’s preferred design is the more colorful yellow and pink panther street pole banner. With a banner update, Liaisons expressed their support of the banner partnerships as part of their FY25-26 Workplan, and requested the RDC work with City staff on a coordinated communications and marketing plan for both “Rodeo Drive Celebrates” events, noting that seeking partnerships was an excellent model for the program, rather than as an additional funding request from the City.

The items in the RDC workplan support the Tourism and Marketing mission of the City, including brand awareness, community benefit, and bringing travelers and shoppers to Beverly Hills.

FISCAL IMPACT
To carry out the proposed Work Plan for FY 25/26, the RDC requests $184,998 for Website and Social Media Management based on the categories below, which is no increase from the previous three fiscal years:

Website & Social Media Management FY 25/26
Total Agency Fee, Including: $159,998
Website Updates & Management / Content Curation $40,003 Social Media Management / Content Production, Curation & Engagement
$119,995
Total Third-Party Costs, Including: $25,000
Paid Social Media Advertisement $8,000
Purchasing Content & Content Creation $8,000
Website Template Updates, Hosting of Website, Apps, Email, Language plug-in
$4,000
SEO, AI chat bot (NEW) $4,000
Misc. Expenses $1,000
Rodeo Drive Celebrates Program FY 25/26
Rodeo Drive Celebrates Total* $0
RDC FY 25/26 Total Funding Request $184,998
*No City funds will be used for The Rodeo Drive Celebrates program or banners for FY 25/26 The City has maintained a policy of funding its tourism and marketing programs from a specific allocation of TOT. The City collects a total of fourteen percent TOT based on gross room sales from the City’s hotels. One-seventh of the total TOT revenue has been the basis of calculating the funding for the Tourism and Marketing budget in Beverly Hills for over 26 years.

The City’s Finance department has projected a total TOT budget of $46.4 million for FY 25/26. This is a lower projection than prior years, and consequently the one-seventh of total TOT revenue for the Tourism and Marketing budget has been lowered to $6.62 Meeting Date: June 3, 2025

Page 4 of 5 ends

million. The $184,998 request would be funded from the FY 25/26 revenue budget estimate.

In addition to the Rodeo Drive Committee Workplan, the Tourism and Marketing budget also traditionally supports the Conference and Visitors Bureau workplan, the marketing portion of the Chamber of Commerce workplan, Rodeo Drive Holiday Décor and Lighting Celebration event, a portion of the Concours d’Elegance event, and trademark branding legal services. All City Partners listed above were advised of this projection in advance of their workplan proposals, so they could tailor their budget proposals accordingly.

RECOMMENDATION
Staff recommends that the City Council Liaisons review and approve the RDC work plan and funding request for FY 25/26. If approved, an agreement with the RDC in the amount of $184,998 will return as an item at a future City Council formal session.

Keith Sterling,
Deputy City Manager
Approved By

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