City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00698 6/13/2023 Consent Item 6.
Supplemental Agreement: Old Sacramento Historic District Management Services File ID: 2023-00698
Location: Council District 4, Represented by Councilmember Valenzuela Recommendation: Pass a Motion authorizing the City Manager or the City Manager’sdesignee to execute Supplemental Agreement No. 7 to City Agreement No. 2015-1888 with the Downtown Sacramento Partnership (“DSP”)in an amount not to exceed $954,400 for a new total contract not to exceed amount of $4,928,400 for Old Sacramento Historic District Management Services beginning July 1, 2023 through July 31, 2024.
Contact: Dustin Hollingsworth, Facilities and Real Property Superintendent, 916-808-5538, [email protected], Convention and Cultural Services Presenter: None
Attachments:
1-Description/Analysis
2-2015-1888-07 Supplemental Contract
Additional 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. 7 to City Agreement No. 2015- 1888 with Downtown Sacramento Partnership in an amount not to exceed $954,400 for a new total contract not to exceed amount of $4,928,400 for Old Sacramento Historic District Management Services beginning July 1, 2023 through July 31, 2024.
Downtown Sacramento Partnership 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 6, for a total not to exceed contract amount of $3,974,000.
Policy Considerations: The proposed action supports the City’s Central City Community Plan
File ID: 2023-00698 6/13/2023 Consent Item 6.
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 Downtown Sacramento Partnership currently provides the following services in the Old Sacramento Historic District (District):
• Management, coordination, and outreach services to City staff, visitors, citizens, property owners, merchants, and other interested parties regarding issues and events in the District; monitoring daily problems in the District; Downtown Sacramento Partnership also manages the stakeholder advisory group.
• Maintenance services to include emptying trash receptacles; cleaning and pressure washing walkways, streets, and waterfront pedestrian surfaces; special event setup and cleanup; general beautification; graffiti abatement and daily inspections of the district, including lighting.
• Partial reimbursement by the City for overnight security. • Liaison for outside event producers, or Downtown Sacramento Partnership as the producer of, special events; general marketing and promotion of the District as an entertainment, business and cultural destination, including maintenance of the District website; and providing seasonal décor throughout the district.
Through Agreement No. 2015-1888 Downtown Sacramento Partnership 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. 7 to City Agreement No. 2015-1888 is for services beginning July 1, 2023 through July 31, 2024, with an increase to the current contract amount of $954,400 for a new total contract not to exceed amount of $4,928,400.
Sufficient funding is available in the Fiscal Year (FY) 2023/24 Proposed Operating Budgets for the Convention and Cultural Services Department and Citywide and Community Support, pending
File ID: 2023-00698 6/13/2023 Consent Item 6.
Council approval, to execute Supplemental Agreement No. 7 to City Agreement No. 2015-1888. The funding sources for the agreement are summarized in the table below as follows:
Funding Source Fund Amount
Convention and Cultural Services Department
Operating Budget
Community Center
Fund (6010)
$211,400
Convention and Cultural Services Department
Operating Budget
General Fund
(1001)
$368,000
Citywide and Community Support Operating Budget General Fund (1001)
$375,000
Total FY2023/24 Funding $954,400
Local Business Enterprise (LBE): Not Applicable.
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Old Sacramento Management Services Agreement Date: 3/29/2023 Purchase Order #: Supplemental Contract No.: 2015-1888-07 The City of Sacramento ("City") and ____Downtown Sacramento Partnership______("Contractor"), as parties to that certain Non-Professional Services Agreement designated as Contract Number ___2015-1888_____, 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 July 1, 2023 and ending on July 31, 2024. 2 Attachment 1 to Exhibit A Sections C and D are modified as attached. 3 Attachment 1 to Exhibit B is modified as attached. 2. In consideration of the additional and/or revised services described in section 1, above, the maximum not-to-exceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased/decreased by $ 954,400 , and the Contract’s maximum not-to-exceed amount is amended as follows: Agreement's original not-to-exceed amount: _$1,050,000.00_ Net change by previous supplemental contracts: _$2,924,000.00_ Not-to-exceed amount prior to this supplemental contract: _$3,974,000.00_ Increase/decrease by this supplemental contract: __$954,400.00_ New not-to exceed amount including all supplemental contracts: _$4,928,400.00_ 3. Contractor agrees that the amount of increase or decrease in the not-to-exceed 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]
Attachment 1 to Exhibit A Old Sacramento Management Services Scope of Services Section C in Attachment 1 to Exhibit A shall be deleted in its entirety and replaced as follows: C. Overnight Security DSP contracts with a private security provider to provide a uniformed, unarmed night security guard for Old Sacramento from approximately 9:00 pm to 5:00 am six nights a week (average of 48 hours each week, but actual hours of operation may be adjusted as needed). DSP pays the private security provider approximately $65,000 per calendar year for the services of the night security guard. DSP's contract night security guard monitors and safeguards the City's holdings and improvements in Old Sacramento. The City benefits from the presence of a night security guard in Old Sacramento because it decreases vandalism and theft of both public and private property, improves public safety, and generally enhances the vitality of Old Sacramento. In recognition of the benefit to the City, the City desires to reimburse DSP for part of the cost of the night security guard for fiscal year 2023/2024.
Attachment 1 to Exhibit A Old Sacramento Management Services Scope of Services Section D in Attachment 1 to Exhibit A shall be deleted in its entirety and replaced as follows: D. Event/Activation Services DSP shall provide website management and district décor, including but not limited to, bunting, seasonal holiday décor, and the annual Christmas tree, St Patrick’s Day Parade, Theater of Lights, Movies Under the Stars, and any other event or seasonal promotion produced by DSP in Old Sacramento.DSP will also recognize the “Department of Convention and Cultural Services” as a sponsor on any event or activation materials, promoting, publicizing, or acknowledging events that are funded wholly or in part by this agreement. DSP’s assistance shall also include the following: 1. Represent the District at the City of Sacramento Special Event Review Committee, when applicable; 2. Coordinate event logistics with the special event producers; 3. Coordinate access and use of the Horse Pit for special events; 4. Coordinate clean-up with the contracted maintenance staff beyond what is required by event producers as specified in their Special Event Permit; 5. Identify specific event needs and facilitate solutions; 6. Encourage special events to promote Old Sacramento businesses; 7. Coordinate Old Sacramento film permit requests with the City of Sacramento Film Office and California State Parks representatives; Attachment 1 to Exhibit BOld Sacramento Historic District Management Services Fee ScheduleDowntown 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 be paid monthly in arrears for the performance of services outlined in Attachment 1 and 2 Exhibit A. Downtown Services $125,000 Old Sacramento Services $829,400 Total $954,400 Downtown Services Cleaning Services $110,000 Administrative Fees (12%) $15,000Total $125,000 Old Sacramento Services ExtensionManagement Services* $301,600 Maintenance Services* $374,400 Overnight Security* $23,400 Event Activation Services* $130,000 Total $829,400*Includes a 4% Cost-Of-Living rate increase as compared to FY22/23. 2/14/2023L/P Insurance Services, LLC11249 Gold Country Blvd #160Gold RiverCA95670Teri Nowak(775)[email protected] Sacramento Partnership, Inc.980 9th St. Ste. 200SacramentoCA95814-2719Northfield Insurance Co27987Nationwide Mutual Insurance Co23787StarStone National Insurance Company25496Cypress Insurance Company10855CL2321476988AXXX$1,000 Ded Per ClaimXWS52991710/25/202210/25/20231,000,000100,0005,0001,000,0002,000,0002,000,000BXBA303948243710/25/202210/25/20231,000,000CXX71286I221ALI10/25/202210/25/20232,000,0002,000,000DDOWC4264203/1/20233/1/2024X1,000,0001,000,0001,000,000See attached Additional Comments/Remarks page for information regarding additional coverage terms andAdditional Insured Status.City of Sacramento915 I StreetSacramento, CA [email protected] Nowak/JFOST The ACORD name and logo are registered marks of ACORDCERTIFICATE HOLDER© 1988-2014 ACORD CORPORATION. All rights reserved.ACORD 25 (2014/01)AUTHORIZED REPRESENTATIVECANCELLATION
DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE
LOCJECTPRO-POLICYGEN'L AGGREGATE LIMIT APPLIES PER:OCCURCLAIMS-MADECOMMERCIAL GENERAL LIABILITYPREMISES (Ea occurrence)$DAMAGE TO RENTEDEACH OCCURRENCE $MED EXP (Any one person) $PERSONAL & ADV INJURY $GENERAL AGGREGATE$PRODUCTS - COMP/OP AGG$$RETENTIONDEDCLAIMS-MADEOCCUR$AGGREGATE$EACH OCCURRENCE $UMBRELLA LIABEXCESS LIABDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTRTYPE OF INSURANCEPOLICY NUMBERPOLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITSPERSTATUTEOTH-ERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEEE.L. DISEASE - POLICY LIMIT$$$ANY PROPRIETOR/PARTNER/EXECUTIVEIf yes, describe underDESCRIPTION OF OPERATIONS below(Mandatory in NH)OFFICER/MEMBER EXCLUDED?WORKERS COMPENSATIONAND EMPLOYERS' LIABILITYY / NAUTOMOBILE LIABILITYANY AUTOALL OWNED SCHEDULEDHIRED AUTOSNON-OWNEDAUTOS AUTOSAUTOSCOMBINED SINGLE LIMITBODILY INJURY (Per person)BODILY INJURY (Per accident)PROPERTY DAMAGE$$$$THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.INSDADDLWVDSUBRN / A$$(Ea accident)(Per accident)OTHER:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:INSUREDPHONE(A/C, No, Ext):PRODUCERADDRESS:E-MAILFAX(A/C, No):CONTACTNAME:NAIC #INSURER A :INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.INS025 (201401) Continued from Description of Operations Section:NAMED INSURED: DOWNTOWN SACRAMENTO PARTNERSHIP: When Named Insureds operations areperformed for [Certificate Holder] pursuant to a valid written contract or agreementexecuted 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 andNonContributory status is determined by GL form #CG20010413; Waiver of Subrogation Statusis determined by GL Form S2857-CG (1/16), Workers Comp Form #WC990410C.COMMENTS/REMARKS COPYRIGHT 2000, AMS SERVICES INC.OFREMARK
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.
S2857-CG (1/16)Includes copyrighted material of Insurance Services Office, Inc., with its permission.© 2016 The Travelers Indemnity Company. All rights reserved.
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 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.
Endorsement Effective:PolicyNo.:Insured:
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C(Ed. 01-19)WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that youperform work under a written contract that requires you to obtain this agreement from us.)The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manualpremium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculatedcharge to derive the final cost of this endorsement.This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.ScheduleBlanket WaiverPerson/OrganizationBlanket Waiver – Any person or organization for whom the Named Insured hasagreed by written contract to furnish this waiver.Waiver Premium (prior to adjustments)This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No.:Premium $Insurance Company:WC 99 04 10 CCountersigned by ______________________________________(Ed. 01-19) Job DescriptionAll CA Operations
Cypress Insurance CompanyDOWC426420$2,894.0003/01/2023