Staff Report - Supplemental Agreement - Old Sacramento Management Services

Ci
ty Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01055 May 31, 2022
T
itle: Supplemental Agreement: Old Sacramento Management Services Location: Downtown Sacramento Management District, District 4 R
ecommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to execute Supplemental Agreement No. 6 to City Agreement No. 2015-1888 with the Downtown Sacramento Partnership (“DSP”) for Old Sacramento Historic District Management Services in an amount not-to-exceed $922,500 beginning June 1, 2022 through June 30, 2023, for a new total contract not to exceed amount of $3,974,000.

C
ontact: Dustin Hollingsworth, Facilities and Real Property Superintendent, 916-808-5538, [email protected], C onvention and Cultural Services P
resenter: None
A
ttachments:
1-Description/Analysis
2-2015-1888-06 Supplemental Contract

Description/Analysis

Issue Detail: This report requests City Council authorization for the City Manager or the City Manager’s designee to execute Supplemental Agreement No. 6 to City Agreement No. 2015- 1888 with DSP for Old Sacramento Historic District Management Services in an amount not to exceed $922,500 beginning June 1, 2022 through June 30, 2023, for a new total contract not to exceed amount of $3,974,000.

DSP has been providing management services for the Old Sacramento Historic District (“District”) since 2015 through City Agreement No. 2015-1888, and Supplemental Agreements Nos. 1 through 5, for a total not to exceed contract amount of $3,051,500. Supplemental Agreement No. 5 added the remaining four benefit sub-districts within the Downtown Sacramento Management District to the maintenance and cleaning scope to City Agreement 2015-1888. In 2020, the City reduced support for event activation services from $125,000 to $81,120 due to the pandemic. Supplemental Agreement No. 6 restores the pre-pandemic amount of $125,000.

Policy Considerations: The proposed action supports the City’s Central City Community Plan Goal CC.LU 1.5 to improve the physical and social conditions, urban aesthetics, and general safety of the Central Business District.

Economic Impacts: None.

Environmental Considerations: Administrative activities that will not result in direct or indirect physical changes in the environment do not constitute a “project” and are exempt from CEQA pursuant to CEQA Guidelines, Section 15378(b)(5).

Sustainability: None.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: Through City Agreement No. 2015-1888 DSP currently provides the following services in the Old Sacramento Historic District (District):
• Management services to include management, coordination, and outreach services to City staff, visitors, citizens, property owners, stakeholders, merchants, and interested parties regarding issues and events in the District; monitoring daily problems in the District; liaison for production of, or DSP as the producer of, special events; and general marketing and promoting the District as an entertainment, business, and cultural destination, including maintenance of the District website. DSP also manages the stakeholder advisory group.
• Maintenance services to include solid waste collection; cleaning and pressure washing walkways, streets, and waterfront pedestrian surfaces; special event setup and cleanup; general beautification; and daily inspections of the district, including lighting. • Partial reimbursement by the City for overnight security. • Special projects as agreed upon between the City and DSP.

Through Agreement No. 2015-1888 DSP also provides the following services in the remaining four benefit sub-districts within the Downtown Sacramento Management District:
• Augmented cleaning services.

Financial Considerations: Supplemental Agreement No. 6 to City Agreement No. 2015-1888 is for an amount not to exceed $922,500 beginning June 1, 2022 through June 30, 2023, for a new total contract not to exceed amount of $3,974,000.

Sufficient funding is available in the Convention and Cultural Services Department’s Fiscal Year (FY) 2021/22 Operating Budget and Citywide and Community Support FY2022/23 Proposed Operating Budget and the Convention and Cultural Services Department’s FY2022/23 Proposed Operating Budget, pending Council approval, to execute Supplemental Agreement No. 6 to City Agreement No. 2015-1888. The funding sources for the agreement are summarized in the table below as follows:

Funding Source Fund Amount
FY 2022/23 Convention and Cultural Services
Department Operating Budget ($115K Ongoing
OSHD, FY 2021/22: $64,500 One-time savings)
Community Center
Fund (6010)
$179,500
FY 2022/23 Convention and Cultural Services
Department Operating Budget
General Fund
(1001)
$368,000
FY 2022/23 Citywide and Community Support
Operating Budget
General Fund
(1001)
$375,000

Total Funding $922,500

Local Business Enterprise (LBE): Not applicable.

CONTRACT

ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.

General Information (Required)
Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________ Assessors Parcel Number(s): ________________________________________________________________ Contract Effective Date: _________ Contract Expiration Date (if applicable): _________ $ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________ Other Party: ______________________________________________________________________________ Project Title: _____________________________________________________________________________ Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________ City Council Approval: if YES, Council File ID#: __________ Contract Processing Contacts
Department: ______________________________
Contract Coordinator: _______________________
Project Manager: ___________________________
______
Department Review and Routing
(Signature) (Date)
(Signature) (Date)
(Signature) (Date)
(Signature) (Date)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) _______________________________________________________________________________________ ------------------FOR CLERK & IT DEPARTMENTS ONLY DO NOT WRITEBELOW THIS LINE------------------ 2015-1888 06
06/01/2022 06/30/2023
$ 3,974,000.00 $ 922,500.00
Downtown Sacramento Partnership
Old Sacramento Management Services
2022-01055
Dustin Hollingsworth
Pang Xiong [email protected]
YES
Convention & Cultural Services

SUPPLEMENTAL CONTRACT
(Rev. 11119)
Project Title and Job Number: Old Sacramento Management Services Agreement Date: 5/3/2022 Purchase Order #: Supplemental Contract No.: 2015 188806 The City of Sacramento ("City") and ___Downtown Sacramento Partnership___("Contractor"), as parties to that certain Non Professional Services Agreement designated as Contract Number _20151888_, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows:

1. The Scope of Services specified in Exhibit A of the Contract is amended as follows:
1 Exhibit A Section 3 Time of Performance is modified as follows: CONTRACTOR shall perform the services outlined in Attachments 1 and 2 to Exhibit A beginning June 1, 2022 and ending on June 30, 2023. 2 Attachment 1 to Exhibit B is modified as attached.

2. In consideration of the additional and/or revised services describedin section 1, above, the maximum nottoexceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased/decreasedby __$922,500.00__, and theContractsmaximum nottoexceed amount is amended as follows:

Agreement's original nottoexceed amount: $1,050,000.00
Net change by previous supplemental contracts: $2,001,500.00 Nottoexceed amount prior to this supplemental contract: $3,051.500.00 Increase/decreaseby this supplemental contract: $922,500.00 New notto exceed amount including all supplemental contracts: $3,974,000.00

3. Contractor agrees that the amount of increase or decrease in the nottoexceed amount specified in section 2, above, shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with such additional and/or revised services, including costs associated with any changes and/or delays in schedules or in the delivery of other services by Contractor.

4. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof.

5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract. [SIGNATURES ON FOLLOWING PAGE]

SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Approval Recommended By: Approved As To Form By:

Project Manager City Attorney
Approved By: Attest:
____________________________________
Contractor City Clerk
Approved By:

Michael Jasso, Assistant City Manager
City of Sacramento

Attachment 1 to Exhibit B
Old Sacramento Historic District Management Services
Fee Schedule

Downtown Sacramento Partnership (DSP) agrees that all compensation it receives from the City of Sacramento under this Agreement shall be used to perform the services outlined in Attachment 1 and 2 Exhibit A. DSP shall receive an initial amount of $64,500 on the execution of the contract for event activation services and the remaining $858,000 shall be paid monthly in arrears for the performance of services outlined in Attachment 1 and 2 Exhibit A.

Downtown Services
Old Sacramento Services
$125,000 $797,500

Total $922,500

Downtown Services
Cleaning Services $110,000 Administrative Fees (12%) $15,000 Total $125,000

Old Sacramento Services Extension
Management Services* $290,000 Maintenance Services** $360,000 Overnight Security** $22,500 Event Activation Services*** $125,000 Total $797,500 * Includes a 3.1% Cost-Of-Living rate increase **Includes a 4% Cost-Of-Living rate increase. ***Restored to pre-pandemic levels.

10/20/2021
L/P Insurance Services, LLC
11249 Gold Country Blvd #160
Gold River CA 95670
Teri Nowak
(775) 996-6000
[email protected]
Downtown Sacramento Partnership, Inc.
980 9th St. Ste. 200
Sacramento CA 95814-2719
Northfield Insurance Co 27987
Nationwide Mutual Insurance Co 23787
StarStone National Insurance Company 25496
Cypress Insurance Company 10855
CL21102049893
A WS483149 10/25/202110/25/2022
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B BA3029482437 10/25/202110/25/2022
1,000,000
Medical payments 5,000
C 71286I210ALI 10/25/202110/25/2022
2,000,000
2,000,000
D DOWC221564 03/01/202103/01/2022 1,000,000
1,000,000
1,000,000
Vendor ID Z378982
RE: Additional Interest Names:

See attached Additional Comments/Remarks page for information regarding additional coverage terms and Additional Insured Status.

City of Sacramento
PO Box 947
Murrieta CA 92564

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?(Mandatory in NH)
DESCRIPTION OF OPERATIONS belowIf yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION$
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD

HIREDAUTOS ONLY
Downtown Sacramento Partnership, Inc.
00010144
L/P Insurance Services, LLC
25 Certificate of Liability Insurance: Notes
Continued from Description of Operations Section:

NAMED INSURED: DOWNTOWN SACRAMENTO PARTNERSHIP: When Named Insureds operations are performed for [Certificate Holder] pursuant to a valid written contract or agreement executed by Named Insured prior to loss. In accordance with the policy(ies) listed above: Additional Insured Status is determined by attached GL Form #S2774-CG (3/20); Primary and NonContributory status is determined by GL form #CG20010413; Waiver of Subrogation Status is determined by GL Form S2857-CG (1/16), Workers Comp Form #WC990410C.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:
03/01/2021
CG 20 01 04 13Page 1 of 1© Insurance Services Office, Inc., 2012 COMMERCIAL GENERAL LIABILITYCG 20 01 04 13THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITIONThis endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTThefollowingisaddedtotheOtherInsuranceConditionand supersedes any provision to the contrary:Primary And Noncontributory InsuranceThisinsuranceisprimarytoandwillnotseekcontribution fromanyother insuranceavailabletoan additional insured underyourpolicyprovidedthat:(1)Theadditional insuredisaNamed Insuredunder such other insurance; and(2)Youhaveagreedinwritinginacontract oragreementthatthis insurancewouldbeprimaryandwould notseekcontribution fromanyother insuranceavailabletotheadditional insured.

The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS:If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of:a."Bodily injury" or "property damage" caused by an "occurrence" that takes place; orb."Personal and advertising injury" caused by an offense that is committed;subsequent to the execution of the written contract or agreement.THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.BLANKET WAIVER OF SUBROGATIONThis endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PART S2774-CG (3/20)Page 1 of 2Includes copyrighted material of Insurance Services Office, Inc., with its permission.© 2020 The Travelers Indemnity Company. All rights reserved.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.BLANKET ADDITIONAL INSURED (CONTRACTORS)(Excludes Products-Completed Operations)This endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PARTPROVISIONS1.The following is added to SECTION II - WHO IS AN INSURED:Any person or organization that you agree in a written contract or agreement requiring insurance to include as an additional insured on this Coverage Part, but only:a.With respect to liability for "bodily injury" or "property damage" that occurs subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect;b.If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization; andc.Subject to the following limitations and conditions on the insurance provided to such additional insured:(1)If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in SECTION III - LIMITS OF INSURANCE.(2)The insurance provided to such additional insured does not apply to "bodily injury" or "property damage"arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including:(a)The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and(b)Supervisory, inspection, architectural or engineering activities.(3)The insurance provided to such additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard".(4)The insurance provided to such additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if the written contract or agreement requires that the insurance provided under this Coverage Part apply on a primary basis, or a primary and non-contributory basis, then this insurance is primary to other insurance available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that other insurance. But, the insurance provided to the additional insured still is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such other insurance.

S2774-CG (3/20)Page 2 of 2Includes copyrighted material of Insurance Services Office, Inc., with its permission.© 2020 The Travelers Indemnity Company. All rights reserved. (5)The additional insured must comply with the following duties:(a)Give us written notice as soon as practicable of an "occurrence" which may result in a claim. To the extent possible, such notice should include:(i)How, when and where the "occurrence" took place;(ii)The names and addresses of any injured persons and witnesses; and(iii)The nature and location of any injury or damage arising out of the "occurrence".(b)If a claim is made or "suit" brought against the additional insured:(i)Immediately record the specifics of the claim or "suit" and the date received; and(ii)Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable.(c)Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions.(d)Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to the additional insured is primary to other insurance available to the additional insured which covers that person or organization as a named insured.

Sacramento City CouncilMay 31, 2022

Sacramento City Council
May 31, 2022