cc 2023 AR 06/27 cannabis equity assessment award of contract

ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: C13
Prepared by: Sara Trench, Management Analyst Meeting Date: June 27, 2023 Approved by:

Kathy Valdez, City Clerk
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: CANNABIS EQUITY ASSESSMENT - AWARD OF CONTRACT RECOMMENDATION: Adopt City Council Resolution No. 2023- , awarding a contract to SCI Consulting Group for Cannabis Equity Assessment services.

CORRELATION TO CITY COUNCIL GOALS: Economic Development PRIOR ACTION: On February 28, 2023, adopted City Council Resolution No. 2023-19, authorizing State of California Cannabis Equity Act Grant funding (Vote: 5-0) On November 15, 2022, adopted City Council Resolution No. 2022-166, authorizing the submittal of an application for the State of California Cannabis Equity Act Grant funding (Vote: 4-1, Ritter opposed).

On August 9, 2022, City Council discussed commercial cannabis cultivation social equity program and accepted Option One (delaying the implementation of cannabis cultivation until a study is completed to develop a society equity component to the application process); and return to Council with information on the scope and cost of the study (Vote: 5-0).

STATEMENT ON THE SUBJECT: On August 9, 2022, the City Council discussed a commercial cannabis cultivation social-equity program and supported conducting a study. Subsequently, the City Council requested to delay the implementation of cannabis cultivation until a study is completed to develop a social equity component to the application process. In November 2022, the California Department of Cannabis Control released the Cannabis Equity Grant program for Fiscal Year 2022/2023 and staff submitted an application.

On January 31, 2023, the City received notification of grant award in the amount of $75,000. Proposed grant activities include procurement of a consultant to lead community driven research, assessment, and analysis for social equity in new cannabis industries. This assessment will inform and help shape a cannabis social equity program for cannabis cultivation and potential future types of cannabis businesses in the City.

On February 28, 2023, City Council adopted the resolution to accept $75,000 in grant funds from the State of California Cannabis Equity Act. The $75,000 awarded to the City includes $40,000 for a consultant firm to provide research analysis and assessment specific to the City of Vista and $13,000 for the consultant AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
06/27/2023 C13 Page 1 of 70
Approved above recommendation, adopted City Council Resolution No. 2023-123.

Vote: 5-0

MEETING DATE: JUNE 27, 2023 PAGE 2

SUBJECT: CANNABIS EQUITY ASSESSMENT - AWARD OF CONTRACT firm to provide recommendations and reports based on the research analysis and assessment specific to the City of Vista. A total of $53,000 has been allotted to consulting services for the Cannabis Equity Project from the grant award from the State of California Cannabis Equity Act.

On May 5, 2023, City Staff issued a Request for Proposals (RFP) for cannabis equity assessment services. The RFP was advertised on the City’s website and the City’s online procurement portal, OpenGov Procurement and is included in Exhibit 2.

The following five firms responded to the RFP by the deadline of June 12, 2023.

Firm Office Location
Boost Analytics Peachtree City, GA
Global Reach Strategies Richmond, CA
SCI Consulting Group Fairfield, CA
The Research Associates New York, NY
Ponder Diversity Group, LLC Chicago, IL

Staff reviewed the proposals based upon predetermined criteria identified in the RFP, including overall experience, projects of a similar nature and knowledge, and proposed timeline. SCI Consulting Group has experience providing cannabis equity assessments to many California cities and other government organizations including but not limited to, County of San Diego, City of National City, City of Richmond, City of Merced and City of West Hollywood. Their experience and research focusing on issues of equity in the cannabis industries was unmatched by the other proposers. SCI Consulting Group provided a proposal cost price at $42,075, which was less than the other proposals and less than the $53,000 budgeted within the grant funding.

Staff recommends awarding the contract of cannabis equity assessment services to SCI Consulting Group with a contract ceiling of $46,575. This amount reflects the proposal price of $42,075 plus $4,500 for additional in person meeting(s) ($1,500 per person per meeting) in the event that staff finds there is a need for them.

FISCAL IMPACT: State of California Cannabis Equity Act Grant funding of $53,000 (Account No. 0010145.531500.CAN01) will cover the costs of the consultant. No General Funds are proposed to be used for this project.

EXHIBITS:

1. City Council Resolution No. 2023- , awarding a contract to SCI Consulting Group for Cannabis Equity Assessment services

2. Contract with SCI Consulting Group

06/27/2023 C13 Page 2 of 70

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AWARDING A CONTRACT TO SCI CONSULTING

GROUP FOR CANNABIS EQUTY ASSESSMENT SERVICES
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. Pursuant to section 3.08.040 of the Vista Municipal Code, a request for proposals (RFP) was issued on May 18, 2023.

B. Five proposals were submitted in response to the RFP and were evaluated upon the predetermined set of criteria in the RFP.

C. Staff recommends the selection of SCI Consulting Group to provide Cannabis Equity Assessment Services.

2. Action.

A. The contract between the City of Vista and SCI Consulting Group for Cannabis Equity Assessment Services with a ceiling amount of $46,575 is approved and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 27, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20230619135720
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
06/27/2023 C13 Page 3 of 70EXHIBIT 1

Professional Services (Non-Construction) (RFP)(NPW)1 of 9 SCI Consulting Group 51960-2] 00051960 4

CONTRACT FOR PROFESSIONAL SERVICES

CANNABIS EQUITY ASSESSMENT SERVICES
THIS “CONTRACT ” is entered into by and between the “Parties ” as of ___________________ Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Angela Baggett
Billing Contact: Angela Baggett
The “Contractor”
SCI CONSULTING GROUP, a California
Corporation
4745 Mangels Blvd
Fairfield, CA 94534
Contact: John W. Bliss

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in the Request for Proposals attached as Exhibit A.

2.2 The “Required License” for the Services is: N/A .

2.3 Contractor, an entity holding the Required License, desires to enter into this Contract” with City for the Services.

2.4 The “Project” for which the Services are required is described in Exhibit A.

2.5 Contractor has submitted to City a Proposal to perform the Services dated 06/12/2023 (“Exhibit B”).

2.6 The “Contract Ceiling Price” is: $46,575.

2.7 Any references in Exhibit A or Exhibit B to “Consultant” shall mean Contractor for the purposes of this Contract.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for 6 calendar months (“Term”) from the Contract Date.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
06/27/2023 C13 Page 4 of 70EXHIBIT 2

Professional Services (Non-Construction) (RFP)(NPW) 2 of 9 SCI Consulting Group 51960-2] 00051960 4

4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, and supplies, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work, or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor for the Services to be performed as set forth in Exhibit B.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Vista Municipal Code Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract. 06/27/2023 C13 Page 5 of 70

Professional Services (Non-Construction) (RFP)(NPW) 3 of 9 SCI Consulting Group 51960-2] 00051960 4

6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E.

7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

8.0 STANDARD OF PERFORMANCE

8.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

8.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

9.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

9.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

9.2 Contractor represents and warrants that all professional services required under this Contract shall be provided by a person or persons duly licensed by the State of California to provide those types of services.

9.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

9.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.
06/27/2023 C13 Page 6 of 70

Professional Services (Non-Construction) (RFP)(NPW) 4 of 9 SCI Consulting Group 51960-2] 00051960 4

9.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

9.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.

10.0 CIVIL RIGHTS

10.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

10.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

10.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

10.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

10.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

10.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

10.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend, and hold harmless City, and its directors, officers, employees, and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, 06/27/2023 C13 Page 7 of 70

Professional Services (Non-Construction) (RFP)(NPW) 5 of 9 SCI Consulting Group 51960-2] 00051960 4
including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee, or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee, or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

11.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

12.0 ASSIGNMENT AND SUBCONSULTING

12.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

12.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's sub contractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

13.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations. 06/27/2023 C13 Page 8 of 70

Professional Services (Non-Construction) (RFP)(NPW) 6 of 9 SCI Consulting Group 51960-2] 00051960 4

14.0 FINANCIAL RECORDS

14.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

14.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

15.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.

16.0 CONFIDENTIALITY

16.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

16.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City, or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

16.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
06/27/2023 C13 Page 9 of 70

Professional Services (Non-Construction) (RFP)(NPW) 7 of 9 SCI Consulting Group 51960-2] 00051960 4

17.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

18.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

19.0 DUTY OF INDEMNIFICATION

19.1 To the fullest extent permitted by law, Contractor shall (1) immediately defend and (2) indemnify City, and its directors, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution (“Duty of Indemnification”). Contractor’s obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel shall be approved by City.

19.2 The review, acceptance or approval of Contractor’s work or work product by any indemnified party shall not affect, relieve, or reduce Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.

The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

19.3 Contractor’s costs of defense shall not exceed Contractor’s proportionate percentage of fault as adjudicated by a court of law, as required by California Civil Code section 2782.8.
06/27/2023 C13 Page 10 of 70

Professional Services (Non-Construction) (RFP)(NPW) 8 of 9 SCI Consulting Group 51960-2] 00051960 4

20.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

21.0 SERVICE OF NOTICE

21.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0 . Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

21.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0 .

22.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

23.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

24.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

25.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).
06/27/2023 C13 Page 11 of 70

26.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
27 .0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
"City"
CITY OF VISTA, a chartered municipal
corporation
By: ____________ _
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By: ____________ _
APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By: ____________ _
RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER
By: ____________ _
APPROVED Walter C. Chung 20230616154336
Professional Services (Non-Construction) (RFP)(NPW)
[51960-2] 00051960 4
9 of 9
"Contractor"
SCI Consulting Group, a California
Corporation
By: ____________ _
Name/Title
By: ____________ _
Name/Title
SCI Consulting Group
06/27/2023 C13 Page 12 of 70

00051960 4 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS
06/27/2023 C13 Page 13 of 70

00111254 1}

REQUEST FOR PROPOSALS (RFP)

PROFESSIONAL SERVICES

FOR CANNABIS EQUITY ASSESSMENT

SERVICES

THE CITY OF VISTA
RFP ISSUE DATE: May 18, 2023
RESPONSE DUE: June 12, 2023; 4:00 PM
06/27/2023 C13 Page 14 of 70

00111254 1

REQUEST FOR PROPOSALS
For Professional Services
I.INTRODUCTION
The City of Vista is soliciting written proposals for to conduct a cannabis equity assessment for the City of Vista. The City will enter into an agreement with one (1) selected Consultant. Services provided under the Agreement shall not exceed $53,000 over the term of the Agreement.

Consultants may submit proposals as a single firm with in-house capabilities or as a primary consultant with sub-consultants to provide the RFP services. For specialized work for which the prime consultant will require a sub-consultant, the prime consultant will serve as an administrative liaison between the City and the sub-consultant. The prime consultant mark-up for sub-consultants shall not exceed five percent (5%). The City reserves the right to request proposals from other firms throughout the Agreement term for special projects requiring unique qualifications.

II.BACKGROUND
Vista voters passed Measure Z at the November 6, 2018 General Election, with 53.81% of voters voting in favor of the measure. Measure Z authorized retail sales of medical marijuana for up to 11 retailers. Measure Z was a citizen’s initiative that qualified for the November ballot through the California elections code process.

Measure Z enacted Vista Municipal Code Chapter 5.94, Medical Cannabis Dispensaries. Pursuant to VMC Chapter 5.94, eleven (11) medical cannabis storefront retailers operate in the City of Vista.

Businesses were required to apply through a ministerial process, as described in the Chapter and subsequent regulations circulated by the City Manager. The initiative did not include a social equity component and cannot be modified without voter approval. The City has since adopted VMC Chapters

5.95 and 5.96, allowing businesses authorized to operate under VMC 5.94 to co-locate a retail commercial adult use cannabis business and to offer delivery services (respectively).

The City of Vista is interested in exploring additional cannabis businesses to potentially operate within the city limits, including cultivation. The City of Vista received funding from the state of California Department of Cannabis Control to complete a cannabis equity assessment to help the City develop a social equity program that will support persons adversely impacted by prior cannabis criminalization enter the cannabis cultivation industry, as well as any new cannabis business types allowed in the future.

The cannabis equity assessment will look at factors specific to Vista to help the City identify criteria that will result in local residents qualifying for assistance in applying for new cannabis business permits. Information gathered through the assessment will be used to determine the type of program(s) or support needed for an applicant to be successful and will help the City formulate its social equity program application processes.

Ill. SCOPE OF SERVICES
The City is seeking a qualified consulting firm(s) to provide the following services:
06/27/2023 C13 Page 15 of 70

00111254 1
The selected consultant will conduct an assessment related to cannabis equity within the City of Vista.

The consultant will lead community driven research, assessment, and analysis for social equity in cannabis industries to help inform future cannabis programs. The assessment is to look at populations and people groups who may have been adversely affected by cannabis criminalization within the City of Vista and provide the history and context of the people groups most affected. The assessment will inform and help shape a cannabis social equity program for cannabis cultivation and potential future types of cannabis businesses in the City of Vista.

1.Conduct research regarding the history of cannabis policy in the City of Vista and identify the people groups most affected.

2.Conduct community-driven research regarding social equity in new cannabis industries.

3.Conduct an analysis of cannabis equity programs.

4.Provide recommendations for an equitable permitting process for cannabis cultivation and potential future types of cannabis industries.

5.Provide program recommendations for cannabis cultivation and potential future types of cannabis businesses.

After the completion of the assessment and report of recommendations, the contract may be amended to include an additional report that will further analyze the impact of cannabis on communities and make recommendations on the types of programs and services that would benefit those that were adversely impacted by past cannabis policies or those that are currently impacted by cannabis policies. This additional report would be funded through excess cannabis revenue.

The Consultant has total responsibility for the accuracy and completeness of the project deliverables and shall check all such materials accordingly. The deliverables will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City do NOT include detailed review or checking of deliverables. The responsibility for accuracy and completeness of such items remains solely that of the Consultant.

The project deliverables furnished under the Agreement shall be of a quality acceptable to the City. The criteria for acceptance shall be a product of professional appearance, well organized, clear illustrations/photos (as applicable), technically and grammatically correct, checked, and dated. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above.

The Consultant shall have a quality control plan in effect during the entire time work is being performed under the Agreement. The quality control plan shall establish a process whereby plans are independently checked, corrected and back-checked, and all job-related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files.

The Consultant shall implement a billing procedure to provide the City with clear and concise summaries of work tasks being invoiced for payment. Invoices shall include, at a minimum, current and total expenditures for work tasks, and a description of work completed. Invoices shall be submitted in a timely manner.
06/27/2023 C13 Page 16 of 70

00111254 1
IV.DELIVERABLES AND SCHEDULE
Deliverables will consist of the following:

1.Quantitative and qualitative data collection regarding cannabis equity within the City of Vista including the identification of populations and people groups who may have been adversely affected by cannabis criminalization within the City of Vista.

2.Quantitative and qualitative data collection of cannabis cultivation equity programs (or other similar programs) in comparable jurisdictions.

3.A report outlining the methods and analysis of equity programs for cannabis cultivation and other proposed new cannabis businesses.

4.Programmatic recommendations for cultivation and other new proposed cannabis businesses including recommendations for an equitable permitting system.

The City will meet with the selected consultant to provide background and direction for the first phase of the project. As this project is grant funded, all activity needs to be completed by the end of the year.

Therefore, data collection must take place over the course of summer 2023 with analysis and programmatic recommendations due no later than December 31, 2023.

V.SUPPLEMENTARY RFP REQUIREMENTS

1.The Consultant and all subconsultants shall have a City of Vista Business License prior to award of contract. Business licenses can be obtained at www.vistabl.com . A City of Vista Business License is not required to propose on this RFP.

VI.CITY RESPONSIBILITIES
The City shall be responsible for the following:
a.Provide program goals, objectives, measures, and responsibilities; b.Work with Consultant to determine most beneficial course of action and develop project tasks;
c.Provide available records, documents, and data to support tasks; d.Prepare and execute agreements with other agencies or entities, as needed; e.Pay all invoices related to support of the assessment services.

VII.PROJECT PROGRESS
The Agreement shall begin upon approval by the City, and the Consultant shall commence work after notification to proceed by the City. The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement is fully executed and approved by the City.

VII.RFP SCHEDULE
06/27/2023 C13 Page 17 of 70

00111254 1
The City's schedule for the RFP selection process is as follows:

VIII.PROPOSAL SUBMISSION
To receive addenda and submit a Bid, Consultants must register a free account with the City’s Electronic Bidding System, OPENGOV, at https://procurement.opengov.com/portal/cityofvista . No hard copy bids will be accepted. Once registered, Consultants must download the RFP while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a “Prospective Bidder.” Consultants that fail to download the RFP will not appear on the Electronic Prospective Bidders List and their Proposal will be considered non-responsive. If a Consultant is unable to register or download the RFP from OPENGOV, a Consultant representative may contact OPENGOV to troubleshoot the problem.

All Proposal documents must be uploaded using OPENGOV prior to the Proposal Submission Date as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as Submitted” the submission is complete. At that point the Consultant will receive an email confirmation from OPENGOV.

The City reserves the right to extend the date by which proposals are due via addendum. To be considered, Proposals shall be submitted through OPENGOV no later than the Proposal Submission Date. OPENGOV will determine the official time for the advertised Proposal Due Date and such determination will be final. Any Proposals not received in a timely manner on the Proposal Due Date, as described above, will not be considered.

IX.PROPOSAL REQUIREMENTS
The proposal shall be limited to twenty (20) single-sided 8.5" x 11" pages, excluding cover letter, resumes, and appendix material. A cover letter shall summarize key elements and guarantee that key personnel will be committed to perform the required tasks throughout the duration of the Agreement. The cover letter shall be limited to two (2) pages and shall include a contact name, email, phone number and full address for the consultant. The cover letter shall include a statement that the consultant can meet the City's insurance requirements and is prepared to execute the Professional Services Agreement as written. A fee schedule described in the following section (Information Required from Consultants) shall be provided in a separate electronic file uploaded to OPENGOV.

Hard copy, faxed, and email copies will not accepted.

Milestone Deadline
City Issues RFP May 18, 2023
Deadline for questions May 24, 2023
Proposals Due June 12, 2023 at 4:00 PM
Consultant Shortlist (if needed) June 13, 2023
Interviews (if needed) June 14, 2023
Contract Award June 27, 2023 (tentative)
06/27/2023 C13 Page 18 of 70

00111254 1
Proposals shall include a discussion of the Consultant's overall approach to the on-call contract, a summary of key personnel and qualifications, an organization chart, a rate schedule, and documentation of the firm's and any sub-consultant's qualifications. The proposal should be concise, well organized, and demonstrate the responders' qualifications and experience applicable to the contract. Proposers will be evaluated based on the information submitted in accordance with the criteria for selection provided herein.

Proposals submitted in response to this RFP shall include:

1.COVER LETTER - A cover letter shall summarize key elements and guarantee that key personnel will be committed to perform the required tasks throughout the duration of the contract. In cases, where a team member voluntary leaves a firm, the Consultant shall provide the City a proposal for a substitute team member subject to City’s approval. a.The cover letter shall be limited to two (2) pages and shall include a contact name, email, phone number and full address for the Consultant. b.The cover letter shall include a statement that the Consultant can meet the City's insurance requirements and is prepared to execute the Standard Agreement as written and will not make any changes to the project team without City’s authorization. c.All copies shall be signed by an individual or, if a corporation, a corporation officer with the power to bind the company or corporation to its proposal. To be considered, all proposals shall be completely responsive to this RFP. d.Provide a statement that the Consultant has received all addenda and include the addendum numbers and dates.

2.PROPOSER INFORMATION
a.Identification of Proposer;
b.Legal name and address of the company (partnership, corporation, joint venture, etc.);
c.Identification of the parent company (if applicable); d.Addresses of offices located in San Diego County;
e.Number of employees in San Diego County;
f.Name, title, address and telephone number of person to contact concerning the proposal;
g.California Department of Industrial Relations (DIR) Number; h.Secretary of State Entity Number.

3.PROJECT TEAM AND ORGANIZATION CHART
a.Describe project organization, including identification and responsibilities of key personnel.
b.Indicate roles of prime and all sub-consultants.
c.Provide a discussion of the experience of the Project Manager and other key staff members that would be involved with performing on-call services for the City. d.Provide resumes of the Project Manager and other key staff members who will work on this contract. The resume shall include relevant experience, education, licenses, and certifications. The resume for each individual shall not exceed two (2) pages in length. The resume shall include relevant experience, education, licenses, and certifications. Resumes may be included as an appendix to the main document. e.Describe proposed line-of-communication between the City, prime team members, 06/27/2023 C13 Page 19 of 70

00111254 1
and sub-consultants.
f.California Department of Industrial Relations (DIR) Number (as applicable) and Secretary of State Entity Number for all subconsultants.

4.EXPERIENCE
a.Provide a brief description of consultant's experience in completing similar efforts within the last 5 years.
b.Provided detailed discussion of specialized experience in completing scope of required services listed above.
c.Projects currently being performed may be submitted for consideration. d.Project information should include a brief project description, agency or client name, their telephone number(s), the year of completion, and the contract fee. e.Identify team members proposed for this project and their roles on the representative similar projects.

5.REFERENCES
a.The Consultant shall provide a minimum of three (3) references for similar projects for the prime firm. At least one reference shall be from the projects listed in Item 5 EXPERIENCE. At a minimum, each reference shall include the client's name and location, number of projects completed for the client, client contact name and phone number.

6.EXCEPTIONS TO RFP
a.Consultant shall certify that it takes no exceptions to the RFP including the Sample Agreement. If the Consultant does take exception(s) to any portion of the RFP, the specific portion to which exception is taken shall be identified and explained.

7.FEE SCHEDULE (separate electronic file uploaded to OPENGOV, excluded from page count limit)
a.Fee Schedule - Include fee schedule of professional staff, services, and tests. Service costs are to be provided on a per hourly basis. Proposed rates shall clearly correlate with names and classifications of staff likely to be involved with the projects.
b.Billing - The City requires that all billing for work done by the end of billing period be submitted to the City on a monthly basis. Each billing shall be submitted with a status report describing work performed. Final billing will be approved for payment only after a completed status report has been approved by the City. c.Overtime Pay - List procedures used for applying overtime rate for non-exempt employees. Indicate the normal hours of work and overtime rate for non- exempt employees.

X.CRITERIA FOR SELECTION

1.20% - Relevant experience and reputation of the consulting firm, including a verification of data and references.

2.20% - Experience and credentials of key personnel.
06/27/2023 C13 Page 20 of 70

00111254 1

3.20% - Understanding of project objectives and scope of work as evidenced in the written narratives and oral interview.

4.20% - Experience with projects of similar nature.

5.20% - Proposed project schedule.

Fee Schedule and Consultant Selection. The City may interview a short list of top ranked qualified consultants or proceed directly to negotiating the final fee schedule with the top ranked consultant. The ultimate consultant selection will be based upon both technical merit and value to the City.

XI.ESTABLISHMENT OF FEES
The Consultant shall be paid based upon hourly rates, unit costs or fixed fee for services rendered as negotiated. For projects with a specific scope of work and duration, a project specific fee proposal will be requested. A Work Plan and a breakdown of labor hours by employee billing classification together with the cost of non-labor and sub-consultant services shall be included with the fee proposals for individual projects. The labor breakdown shall be based on a listing of work tasks that correlates with the Consultant's defined scope of work for the project proposal. This information will be used by City's staff to evaluate the reasonableness of the fee proposal and will be used in negotiating the final fee amounts for the Supplemental Contract Agreements.

There will be no compensation to Consultant for hours expended due to Consultant's errors and omissions.

The Consultant's Standard Hourly Billing Rates (Fee Schedule) for all classifications of staff likely to be involved with an individual project shall be included with the Request for Proposals along with the mark-up rate for any non-labor expenses and sub-consultants. The fee schedule shall clearly identify the hourly rates for classifications of staff receiving prevailing wage rates.

During the term of the Agreement there will be no increases to the fee schedule.

XII.METHOD OF PAYMENT
The Consultant shall submit monthly invoices to the City. Each invoice shall include a detailed breakdown of the services, the tasks, the hours, the personnel and staff type who worked on the project, and hourly rates.

XIII.PROFESSIONAL SERVICES AGREEMENT
A sample Professional Services Agreement is enclosed for review, as Attachment "A". The RFP and the Consultant’s Proposal will be attached and become part of the Agreement as exhibits.

Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP.

The signer of the Proposal must declare in writing that the only person, persons, company or 06/27/2023 C13 Page 21 of 70

00111254 1
parties interested in the proposal as principals are named therein; that the Proposal is made without collusion with any other person, persons, company, or parties submitting a Proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the Proposal has full authority to bind the principal proposer.

Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement. The insurance certificate shall include the City of Vista, its officers and employees as insured or additional insured.

The contents of the Proposal of the successful consultant shall become a contractual obligation if a contract ensues. Failure of a consultant to accept this obligation will result in the cancellation of any award.

XIV. ASSIGNED REPRESENTATIVES
The City will assign a responsible representative to administer the contract, and to assist the Consultant in obtaining information. The Consultant also shall assign a responsible representative (Project Manager) and an alternate, who shall be identified in the proposal. The Consultant's representative will remain in responsible charge of the Consultant's duties from the Notice-to-Proceed through project completion. If the Consultant's Project Manager should be unable to continue with the project, then the Consultant shall notify the City's representative in writing. The City's representative shall first approve any substitution of representatives or sub- consultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and sub-consultant substitution or removal and may consider such changes not approved to be a breach of contract. This breach of contract will not apply if the Project Manager leaves the Consulting firm.

XV. RIGHT TO REJECT PROPOSALS
The City reserves the right to delay the project or reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.

The City reserves the right to extend the due date, accept or reject any or all proposals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations.

All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the Respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the Respondent. All proposals submitted to the City of Vista become the property of the City.

XVI. DISCLOSURE
06/27/2023 C13 Page 22 of 70

00111254 1
All Proposals become the property of the City unless a return is specifically requested as specified in the following section. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250 and following. These requirements include an exemption for "trade secrets". If any proprietary information is contained in or attached to the written proposal, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a public Records Acts request, you must agree in writing to defend and indemnify the City of Vista if litigation results.

XVII. LATE, MODIFIED, OR WITHDRAWN PROPOSALS
All proposal documents and supplementary documents must be uploaded using OPENGOV prior to event date and time as determined by OPENGOV. Once file(s) have been uploaded and the Submission Status shows as "Submitted" the submission is complete. Proposals received via mail, e-mail, and fax will not accepted.

Any modification of a Proposal, except a modification resulting from the City's request for "best and final" offer, is subject to the same conditions as the initial submission.

Proposals may be withdrawn at any time prior to Notice of Intent to Award. Thereafter, all Proposals constitute firm offers, subject to negotiation and execution of definitive documents that will remain open and cannot be revoked, withdrawn, or modified for a period of six (6) months thereafter.

XVIII. QUESTIONS ON THIS RFP
All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFB shall be submitted via “Q&A” through the City’s Electronic Bidding System, OPENGOV. Phone call questions will not be accepted. Answers to all submitted questions will be provided in an addendum through OPENGOV. Questions must be submitted prior to the deadline specified in the RFB Schedule, above.

Attachment(s): A: Sample Professional Services Agreement 06/27/2023 C13 Page 23 of 70

00111254 1
Attachment ‘A’
Sample Professional Services Agreement
06/27/2023 C13 Page 24 of 70

Professional Services (Non-Construction) (RFP)(NPW) 1 of 9 NAMEX 51960-2] 00051960 4

CONTRACT FOR PROFESSIONAL SERVICES

TYPE OF SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: workingname
Billing Contact: billingname
The “Contractor”
NAMEX, statusx
Address1
Address2
Contact: contactname

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in the Request for Proposals attached as Exhibit A.

2.2 The “Required License” for the Services is: type.

2.3 Contractor, an entity holding the Required License, desires to enter into this Contract” with City for the Services.

2.4 The “Project” for which the Services are required is described in Exhibit A.

2.5 Contractor has submitted to City a Proposal to perform the Services dated proposaldate (“Exhibit B”).

2.6 The “Contract Ceiling Price” is: pricex

2.7 Any references in Exhibit A or Exhibit B to “Consultant” shall mean Contractor for the purposes of this Contract.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for xx calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional yy months, in increments of City’s choice, for a maximum Term of zz months from the Contract Date.

Professional Services (Non-Construction) (RFP)(NPW) 2 of 9 NAMEX 51960-2] 00051960 4

5.0 COMPENSATION

5.1 City shall pay Contractor for the Services to be performed as set forth in Exhibit B.

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract. 06/27/2023 C13 Page 26 of 70

Professional Services (Non-Construction) (RFP)(NPW) 3 of 9 NAMEX 51960-2] 00051960 4

7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

8.0 STANDARD OF PERFORMANCE

9.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

Professional Services (Non-Construction) (RFP)(NPW) 4 of 9 NAMEX 51960-2] 00051960 4

10.0 CIVIL RIGHTS

Professional Services (Non-Construction) (RFP)(NPW) 5 of 9 NAMEX 51960-2] 00051960 4
including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee, or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee, or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

12.0 ASSIGNMENT AND SUBCONSULTING

12.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

Professional Services (Non-Construction) (RFP)(NPW) 6 of 9 NAMEX 51960-2] 00051960 4

14.0 FINANCIAL RECORDS

16.0 CONFIDENTIALITY

16.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
06/27/2023 C13 Page 30 of 70

Professional Services (Non-Construction) (RFP)(NPW) 7 of 9 NAMEX 51960-2] 00051960 4

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

19.0 DUTY OF INDEMNIFICATION

The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

Professional Services (Non-Construction) (RFP)(NPW) 8 of 9 NAMEX 51960-2] 00051960 4

20.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

21.0 SERVICE OF NOTICE

21.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

21.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

22.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

23.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

Professional Services (Non-Construction) (RFP)(NPW) 9 of 9 NAMEX 51960-2] 00051960 4
between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

Continued on page 9.]

27.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

City”
CITY OF VISTA, a chartered municipal
corporation
By:

JOHN CONLEY, CITY MANAGER
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER
By:

Contractor”
NAMEX, statusx
By:

Name/Title
By:

Name/Title
06/27/2023 C13 Page 33 of 70

00051960 4 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS
06/27/2023 C13 Page 34 of 70

00051960 4 Exhibit B

EXHIBIT B
CONTRACTOR’S PROPOSAL
06/27/2023 C13 Page 35 of 70

00051960 4 Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than 2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 06/27/2023 C13 Page 36 of 70

00051960 4 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 06/27/2023 C13 Page 37 of 70

00051960 4 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 06/27/2023 C13 Page 38 of 70

00051960 4 Exhibit D

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]

NOT APPLICABLE TO THIS CONTRACT
06/27/2023 C13 Page 39 of 70

00051960 4 Exhibit E

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.
06/27/2023 C13 Page 40 of 70

00051960 4 Exhibit B

EXHIBIT B
CONTRACTOR’S PROPOSAL
06/27/2023 C13 Page 41 of 70

Page 0 ends

Proposal CITY OF VISTA
In Response to:

Request for Proposal – Professional Services for
Cannabis Equity Assessment Services
06/27/2023 C13 Page 42 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment
By SCIConsultingGroup, June 2023
Page i
June 12, 2023
Submitted via electronically
via OpenGov Procurement
Sara Trench,
Management Analyst
City of Vista
Subject: Response to Request for Proposals: Cannabis Social Equity Assessment Services Dear Ms. Trench:

SCIConsultingGroup (“SCI”) is pleased to submit this proposal in response to the City of Vista’s (“City”) May 18, 2023, Request for Proposal for a Cannabis Social Equity Assessment Services. We understand the City seeks a qualified consultant to complete a cannabis social equity assessment to help inform the City’s development of a Cannabis Equity Program for cannabis cultivation and potential future types of cannabis businesses in the City of Vista. We have carefully reviewed the RFP and relevant information and are confident in our ability to comprehensively provide the requested services. Our proposed scope of services includes:

1. Cannabis Equity Assessment

2. Community Outreach and Engagement
As one of California’s leading local cannabis policy consulting firms, SCI has broad and direct experience providing support for regulated local cannabis businesses in various municipalities throughout the State.

Our long-standing experience in providing cannabis-related consulting services to municipalities across California has led the company to the forefront of the state's cannabis equity movement. In recognition of its expertise, SCI has been selected by the Cities of Adelanto, Palm Springs, Richmond, Santa Rosa, and Stockton to provide specialized cannabis equity services.

We understand the importance of ensuring that all members of the community, including those who have been historically disadvantaged, have equal access to opportunities within the regulated cannabis industry. Our team has experience in conducting community outreach and engagement, analyzing data to identify areas of need, and developing actionable recommendations for promoting equity within the cannabis industry. We work closely with stakeholders to understand their unique challenges and concerns and develop tailored solutions to meet their needs.

Overall, our experience conducting cannabis equity assessments and developing strategies to promote social equity within the industry make us well-positioned to provide the City of Vista with a comprehensive cannabis social equity assessment that addresses the needs of all members of the community. 06/27/2023 C13 Page 43 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023
Page ii
Additionally, we have provided cannabis-related consulting services and assisted with the successful implementation of funding (fees, taxes, and assessments) across San Diego County for the following jurisdictions:

County of San Diego (cannabis policy development)
National City (cannabis application development and review) Port of San Diego (cannabis 101)
Del Mar (storm drainage fee study)
City of Chula Vista (storm drainage funding)
City of San Diego (business improvement)
San Diego County Vector (voter approved funding measure in 2005) East County, Lakeside, and North County Fire Protection Districts (voter approved funding measures)
SCI assures the City that our dedicated key personnel will fulfill all tasks throughout the contract. If a team member leaves, we will promptly propose a qualified replacement approved by the City. Additionally, we are fully capable of meeting the City's insurance requirements and are prepared to execute the Standard Agreement as written, without making any modifications to the project team unless explicitly authorized by the City. We have obtained and reviewed relevant addendums, acknowledging their inclusion in our proposal for transparency.

We believe our expert knowledge of the cannabis industry, coupled with our broad experience providing municipalities with regulation, revenue, and administration consulting services, will serve the City of Vista well. We look forward to the opportunity to assist the City with this important project. If you have any questions or require additional information, please do not hesitate to contact me. I can be reached via e- mail at [email protected] or on my cell phone at (707) 208-0940.

Sincerely,
John Bliss, P.E.

President, SCI Consulting Group
4745 Mangels Blvd
Fairfield, CA 94534
06/27/2023 C13 Page 44 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023
Page iii
Table of Contents
Proposer Information .....................................................................................................1 Identification of Proposer ..................................................................................................... 1 Project Team and Organization Chart .............................................................................2 SCI Team Members ............................................................................................................... 2 Team Organization ............................................................................................................... 4 Experience ......................................................................................................................5 SCI Overview ........................................................................................................................ 5 Cannabis Equity Experience .................................................................................................. 6 Past and Current Cannabis Equity Projects ............................................................................ 7 Scope of Work ...................................................................................................................... 8 Task 1: Cannabis Equity Assessment ..................................................................................... 9 Task 2: Community Outreach and Engagement ................................................................... 10 Timeline ............................................................................................................................. 11 References ....................................................................................................................12 Exceptions to RFP ..........................................................................................................13 06/27/2023 C13 Page 45 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 1 ends

Proposer Information
Identification of Proposer
SCI Consulting Group,
4745 Mangels Blvd,
Fairfield, CA 94534
California Chapter S Corporation
California DIR #: 1271500
Secretary of State Entity Number: N/A
Contact Person:

John W. Bliss, P.E., President
SCIConsultingGroup
Phone 707-430-4300
Mobile 707-208-0940
Email [email protected]
Addresses of offices located in San Diego County:

No offices located in San Diego County.

Number of employees in San Diego County
No employees located in San Diego County.
06/27/2023 C13 Page 46 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 2 ends

Project Team and Organization Chart
SCI is comprised of experienced professionals led by Kyle Tankard, who is a Senior Consultant and the Cannabis Services Group Leader at SCI. In his role, Kyle will oversee the project and manage its day-to-day operations, while also being responsible for conducting a comprehensive cannabis equity assessment. Edric Kwan and Arcelia Herrera will lead the outreach efforts, working closely with stakeholders and the local community to ensure that their voices and perspectives are heard and considered throughout the project. John Bliss will oversee the project team and provide peer review services to ensure all deliverables meet high standards of accuracy and completeness. He will work closely with Kyle, Arcelia, and Edric to ensure the project remains on track to meet its objectives.

Additionally, SCI has confirmed that all team members assigned to the project are available for the duration of the project, with no work commitments that could interfere with their ability to deliver the expected outcomes. While working on the project, SCI will be accessible to attend regular coordination meetings as required and will be available to hold teleconference calls with the team.

SCI Team Members
Kyle Tankard Senior Consultant – Cannabis Business Leader Kyle Tankard is the Cannabis Business Leader at SCI, where he has been providing local cannabis policy expertise in California since 2016. He assists municipalities with all aspects of local cannabis implementation, including regulatory and equity program development, taxation policy, compliance, application review, and public education. Kyle is a recognized leader in cannabis equity, having developed and implemented programs for multiple cities, including Richmond, Palm Springs, Adelanto, Santa Rosa, and Stockton. With a portfolio of over 15 cannabis clients, he provides a range of ongoing services, including compliance inspections, equity analysis, and program development and implementation.

During his tenure at SCI, Kyle has worked extensively with California cities, counties, and special districts providing local funding and policy solutions. He has over 10 years of experience as a results-driven project manager, delivering his projects on time, under tight deadlines and high- pressure situations. Kyle received his Bachelor’s Degree in Environmental Studies from the University of California, Santa Cruz, with emphasis in geographic information systems (GIS). 06/27/2023 C13 Page 47 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 3 ends

John Bliss M.Eng., P.E., President
John Bliss, a professional engineer and President of SCI, specializes in local cannabis policy, and special revenue consulting. He was instrumental in developing the now-standard implementation process used by most municipalities in California to implement local cannabis policy. John has had a long career developing and implementing equity, diversity and inclusion policy reaching back almost 30 years to the ground-breaking implementation for the City of San Francisco public works construction employment following the Rodney King uprising in 1991. He is a graduate of Brown University with a Bachelor of Science Degree in Engineering.

He holds a Master’s Degree in Civil Engineering from The University of California, Berkeley, where he was a Regent's Scholar. He is a licensed Professional Civil Engineer in the State of California and is a LEED accredited professional.

Edric Kwan, P.E., Vice President
With 25 years of experience in the public works industry, Edric Kwan has served in various roles, including 13 years as a public works director and/or city engineer for the County of Alameda, Cities of Richmond and Martinez, and Town of Moraga. His firsthand experience in dealing with the financial challenges of maintaining public infrastructure, such as emergency infrastructure failures, led him to join SCI in 2022 to help other agencies meet their revenue needs. Edric specializes in community engagement, including messaging, branding, stakeholder engagement, public opinion surveys, and educational outreach materials, as well as conducting public presentations.

In addition, Edric's commitment to diversity, equity, and inclusion is reflected in his appointment by the President of the American Public Works Association to serve his second term on the National Committee on DEI. He has also served on the Board of Directors for the Attitudinal Healing Connection in Oakland, which facilitates racial healing circles and workshops, and as a discussion facilitator at the Pacific Center for Human Growth in Berkeley for LGBTQ+ peer support groups. Edric is a licensed Civil Engineer with a Bachelor of Science degree in Civil Engineering from the University of California at Berkeley.
06/27/2023 C13 Page 48 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 4 ends

Kyle Tankard
Senior Consultant
Project Manager)
Edric Kwan
Vice President
Outreach and Engagement)
Arcelia Herrera
Senior Consultant
Outreach and Engagement)
John Bliss
President
Peer Review)
Arcelia Herrera Senior Consultant
Arcelia Herrera contributes over 14 years of experience in consulting and administration for public agencies and over five years in local cannabis policy in California. She is responsible for the development and management of the cannabis monitoring and compliance program at SCI. She has extensive experience conducting on-site facility inspections, ensuring local and State compliance. In addition, Arcelia has expertise in the creation and administration of assessments and fees, database management, and community educational outreach. She has conducted several Proposition 26 compliant cost recovery fee study analyses for cities and counties to develop fees for commercial cannabis businesses. Her expertise in communication is with local LatinX communities.

Team Organization
06/27/2023 C13 Page 49 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 5 ends

Experience
SCI Overview
SCI is a public finance and urban economic consulting firm with over 35 years of expertise in assisting public agencies in California with developing policy, and planning, justifying, and successfully establishing new revenues (taxes, fees, assessments, regulations) for their service and capital improvement needs and objectives and managing special levies.

SCI provides cannabis-related advice and broad consulting services to a variety of public agencies in California, including community support analysis, ordinance development, fee studies, taxation, implementation, application process development, application review and scoring, monitoring and compliance, business tax auditing, community outreach and engagement, and social equity consulting.

We were perhaps the very first consulting firm to provide a full suite of local cannabis policy implementation services to California municipalities and developed the “6 Key Elements of Cannabis Implementation” approach that is the standard today:

1. Community Research and Outreach (Meetings & Surveys)

2. Health and Safety & Land Use Regulations (Ordinance(s))

3. Full Cost Recovery (Regulatory Fees)

4. Revenue (Taxation Ballot Measures)

5. Local Industry Selections (Application and Selection Process)

6. Monitoring and Compliance (Inspections and Audits)
And more recently, we have added, and become a State leader in:

7. Social Equity (We are currently providing these services to Adelanto, Richmond, and Santa Rosa)
Our core philosophy and approach towards the implementation of local cannabis policy is more broadly balanced than that of our competitors. Our philosophy comes from our genesis as a solution-based engineering firm that has evolved and developed in-house expertise in public policy, community outreach, and social equity. Although our quantitative and regulatory rigor, and attention to detail, are unsurpassed, we balance this with realistic approaches to a real-world challenge, fully understanding and supporting the City’s challenging transition into a regulated and legal cannabis business arena. Hence, SCI balances enforcement of local and State code along with the need to support viable cannabis businesses and to shepherd non-compliant businesses into a safe and regulated environment.
06/27/2023 C13 Page 50 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 6 ends

Over the last seven years, SCI has emerged as one of California’s premier local cannabis policy firms offering a full range of “one-stop-shop” services in support of the successful implementation of regulated cannabis business within a City or County. SCI is a highly qualified and experienced in providing cannabis consulting services to California municipalities. We have a team of experts who are well-versed in the cannabis industry and have a deep understanding of the regulations and laws surrounding it. Our team has a wealth of knowledge and experience in California cannabis policy, drawing from our 7+ years of assisting municipalities, which allows us to provide our clients with the best possible service. Overall, SCI is a reliable and trustworthy partner for anyone looking to navigate the complex landscape of the cannabis industry.

We are currently under contract to provide cannabis-related consulting services to:

City of Adelanto City of Coalinga
City of Colfax City of Dunsmuir
City of Fairfield City of Fontana
City of Lompoc City of Merced
City of National City City of Nevada
City of Richmond City of San Bernardino
City of Santa Rosa City of Shasta Lake
City of Stockton City of West Hollywood
County of San Benito County of San Diego
Cannabis Equity Experience
SCI acknowledges that cannabis-related businesses encounter long-standing and systemic challenges, particularly within communities that have been disproportionately impacted by the War on Drugs. Our team is committed to addressing these issues and developing a program that is inclusive and beneficial to all. To achieve this, we will work closely with City staff, elected officials, existing and prospective cannabis business owners, and other stakeholders to complete the project. The aim of this initiative is to eliminate the barriers within the cannabis industry for communities that have been negatively affected by the criminalization of cannabis, providing them with the tools and opportunities to participate in the industry. Our Equity Assessment will comply with or exceed the requirements set out in the Grant Solicitation provided by the Governor's Office of Business and Economic Development.

In our work, we are dedicated to promoting equity and social justice. We understand that marginalized and underrepresented communities face significant barriers to accessing opportunities and resources, and we aim to work with these communities to identify and address these disparities. We believe that everyone deserves an equal opportunity to succeed and thrive, and we are committed to using our skills and expertise to advance this goal. 06/27/2023 C13 Page 51 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 7 ends

SCI Consulting Group has been operating in the field of cannabis equity since 2019, specializing in providing comprehensive services to assess equity and develop programs in the cannabis industry.

Over the past five years, SCI has established itself as a trusted partner in this field, having worked with various cities, including Adelanto, Palm Springs, Richmond, Santa Rosa, and Stockton, to deliver specialized cannabis equity services.

During this period, SCI has successfully completed three cannabis equity assessments for the Cities of Palm Springs, Stockton, and Richmond. In addition, we are currently conducting cannabis equity assessments for the Cities of Adelanto and Santa Rosa. These assessments involved a data- driven approach, combining various methodologies and tools to provide a comprehensive understanding of the historical impacts of cannabis criminalization, as well as identifying and describing impacted communities and populations within each City. SCI conducted geospatial analysis of cannabis-related arrest locations, considering factors such as race, low-income status, and other relevant indicators. Moreover, SCI's assessments also involved a review of the existing cannabis industry in each City, identifying barriers to entry and assessing the effectiveness of equity programs in other similar municipalities. This analysis encompassed a thorough examination of policy approaches, zoning regulations, permitting processes, and program benefits.

In addition to conducting equity assessments, SCI Consulting Group has actively contributed to the development and implementation of equity programs. Notably, the firm played a crucial role in assisting the City of Richmond in securing a Type-2 grant of $1.3 million from the Governor's Office of Business and Economic Development (GO-Biz) through successful grant proposals.

Additionally, SCI collaborated with the City of Palm Springs to secure a grant of $869,000.

Past and Current Cannabis Equity Projects
City of Richmond
Contact: Lina Velasco, Community Development Director [email protected]; Phone: (510) 620-6841
Start/End Dates: April 2021 – Present
Contract Amount: $68,500
SCI Team Members: Kyle Tankard (Project Manager) and John Bliss (Outreach) 06/27/2023 C13 Page 52 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 8 ends

In April of 2021, SCI was engaged by the City of Richmond to conduct a cannabis social equity assessment, community outreach and engagement, and develop a cannabis equity program manual. Under a tight deadline to establish and adopt the City’s Equity Program before the end of the calendar year, SCI successfully completed all tasks and the City’s Equity Program was adopted and established on December 7, 2021. In 2022, the City was awarded $1.3 million in grant funding from the Governor’s Office of Business and Economic Development (GO-Biz) to support their newly established Cannabis Equity Program. SCI continues to work with the City assisting them with the implementation of their local equity program.

City of Palm Springs
Contact: Veronica Goedhart, Director of Special Program Compliance [email protected]; (760) 322-8370, ext. 8370 Start/End Dates: December 2020 – March 2022
Contract Amount: $43,000
SCI Team Members: Kyle Tankard (Project Manager) and John Bliss (Outreach) In December of 2020, SCI was engaged by the City of Palm Springs to conduct a cannabis social equity assessment. The City of Palm Springs established their equity program in 2019 but were interested in expanding their program to include services and benefits for equity applicants to enhance and improve equitable access and ensure diversity and inclusion in the cannabis industry.

SCI developed and produced an equity assessment that identified disproportionately impacted communities within the City and provided key policy recommendations to the City to enhance and improve the benefits and services offered to equity applicants under the City’s Program. As a result of these efforts, in 2021, the City of Palm Springs successfully secured a Type 2 grant of 869,540.18 from the Governor's Office of Business and Economic Development (GO-Biz) to support their Equity program.

Scope of Work
To initiate the project, SCI will hold a project kick-off meeting with the City staff to identify the project's priorities and objectives, establish communication protocols, and establish timelines.

Additionally, we will collect and evaluate all necessary information required to carry out the required tasks. While working on the project, SCI will be accessible to attend regular coordination meetings as required and will be available to hold teleconference calls with the team. 06/27/2023 C13 Page 53 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 9 ends

Task 1: Cannabis Equity Assessment
SCI will conduct a comprehensive equity assessment of City of Vista and produce a report analyzing available data related to the disparities in the cannabis industry. To achieve this goal, the study will incorporate and analyze research on various critical aspects, including the historical context and current policies related to cannabis, data analysis and research on enforcement and its impact on marginalized communities, and stakeholder engagement and community outreach.

The aim of the assessment is to identify communities that have been disproportionately affected by cannabis enforcement and provide policy recommendations that can inform the development of the City's equity program. Among the impacts and elements, the assessment will address as follows:

Provide a data-informed look at the history of impacts the illegalization of cannabis had on the community, through an analysis of San Diego Sheriff’s Department Statistics, race/ethnicity, gender, age, poverty, and other relevant data.

Identify and describe impacted communities and populations within the City that have been negatively or disproportionately impacted by cannabis criminalization through a geospatial analysis of cannabis-related arrest locations, race, low-income, and other factors.

Review known characteristics of the City’s existing cannabis industry and identify and discuss barriers to entry into the industry.

Analysis of the pros and cons, and effectiveness of cannabis-related equity programs with a focus on cannabis cultivation in other, similar California municipalities.

A comprehensive overview of the proven and available approaches and policies in support of cannabis-related equity programs.

Provide policy recommendations (policy amendments, permitting process, program benefits, zoning changes, etc.) to guide the City as it develops its new equity program and program activities.

Ultimately, the Equity Assessment will combine the key findings from the analysis above with the qualitative data obtained through the community engagement process to provide policy recommendations to assist decision makers in developing and implementing the City’s cannabis equity program and to enhance and improve equitable access and ensure diversity and inclusion in the cannabis industry. The assessment will provide recommendations for the following policy areas:

Program Design and Framework:
o Program Eligibility Criteria, including definition of a Social Equity Applicant o Licensing & Permitting Process
o Regulatory and Zoning changes
Program Benefits and Services:
o Technical Assistance
06/27/2023 C13 Page 54 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 10 ends

o Financial Assistance
o Legal Assistance
o Expungement of Criminal History
o Workforce Development
Program Administration:
o Data Collection, Monitoring, and Reporting
o Enforcement
Community Reinvestment:
o Public Awareness and Education
o Stakeholder Engagement
Funding Mechanisms:
o State Grants
o Local Funding Options
Deliverables:

Cannabis Equity Assessment Report
Develop geo-spatial maps that integrate demographic, police department, and planning data from the City of Vista to identify communities affected by the criminalization of cannabis.

Present study results to the City Council
Task 2: Community Outreach and Engagement
In order to successfully develop and implement a local cannabis equity program, it is crucial to obtain community input and buy-in, including from the cannabis business community. SCI has extensive experience in organizing and managing public informational meetings regarding cannabis equity, and we will work closely with the City to engage and receive input from the diverse community with varying socio-economic backgrounds, distinct neighborhoods, and areas with adversely impacted and lower income communities. Our approach will utilize a wide range of techniques such as presentations, interviews, surveys, and community meetings to ensure that all voices are heard.

Our public outreach and community engagement approach prioritizes innovation, commitment, transparency, and trustworthiness in working with all project stakeholders. We strive to create an inclusive environment that encourages meaningful dialogue and opportunities for individuals facing language challenges to participate.

Safely Facilitate Community Meetings or Host Virtual Engagements Since many of the SCI’s clients are multi-agency programs representing a range of cities, counties, and stakeholders, we have learned how to coordinate and organize meetings, workshops, or events. At a minimum, SCI will conduct two (2) public meetings. 06/27/2023 C13 Page 55 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 11 ends

Public information materials are a key component of SCI’s public outreach process. These materials will be developed to provide summary information on the project for the general public.

All materials will be translated into all available languages to meet participants’ needs. These materials may include:

PowerPoint presentations
Brochures, fact sheets, and flyers
Online components such as e-alerts, e-newsletters, and web page updates Conduct One-On-One Stakeholder Interviews:

In addition to the community meetings, SCI will conduct between 10-15 one-on-one interviews with key stakeholders, local non-profits, cannabis business owners, and impacted individuals and families. SCI has utilized this approach with several of our previous clients and it has proven to be effective in identifying opportunities, challenges, and significant points of interest related to the establishment of local equity programs.

Online Surveys
SCI will utilize online surveys as a tool to collect data and feedback to support and supplement the Equity Assessment.

Deliverables:

Planning/Coordination/Participation in:
o Two (2) Public Meetings
o 10-15 Stakeholder Interviews
Development of Outreach Materials
Online Surveys
Timeline
Kick-off Meeting: July 2023
Cannabis Equity Assessment and Outreach:

Data Collection July 2023 – August 2023
Online Survey July 2023
Equity Assessment Analyses August 2023 – September 2023 Community Meeting #1 Late September 2023
Draft Report Submission September 2023
Stakeholder Interviews September 2023 – October 2023
Community Meeting #2 November 2023
Final Report Submission December 2023
06/27/2023 C13 Page 56 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 12 ends

References
City of Richmond
Contact: Lina Velasco, Community Development Director [email protected]; (510) 620-6841
450 Civic Center Plaza
Richmond, CA 94804
Services: Community Outreach and Stakeholder Engagement; Cannabis Social Equity Assessment; Equity Program Development and Implementation City of Palm Springs
Contact: Veronica Goedhart, Director of Special Program Compliance [email protected]; (760) 322-8370, ext. 8370 3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Services: Cannabis Social Equity Assessment; Equity Program Development and Implementation
City of Santa Rosa
Contact: Amy Lyle, Supervising Planner- Advance Planning [email protected]; (707) 543-3410
100 Santa Rosa Avenue
Santa Rosa, CA 95404
Services: Cannabis Social Equity Assessment; Community Outreach and Stakeholder Engagement
A full list of our current and past cannabis clients is listed below:

Cities Counties
Alameda El Monte National City Santa Clara Alameda
Adelanto
Avalon
Encinitas
Fairfield
Nevada City
Oroville
Santa Rosa
Shasta Lake
San Benito
San Diego
Coalinga Fontana Palm Springs Stockton San Luis Obispo
Colfax La Mesa Richmond Vallejo Tuolumne
Concord Livingston Salinas West Hollywood
Davis Lompoc San Bernardino Woodlake
Dunsmuir Merced San Carlos Yreka
06/27/2023 C13 Page 57 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 13 ends

Exceptions to RFP
SCI hereby certifies that it takes no exceptions to the Request for Proposal (RFP), including the Sample Agreement.
06/27/2023 C13 Page 58 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 14 ends

Appendix A: Resumes
06/27/2023 C13 Page 59 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 15 ends

06/27/2023 C13 Page 60 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 16 ends

06/27/2023 C13 Page 61 of 70

City of Vista
Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 17 ends

06/27/2023 C13 Page 62 of 70

Cost Proposal

CITY OF VISTA
In Response to:

Request for Proposal – Professional Services for
Cannabis Equity Assessment Services

06/27/2023 C13 Page 63 of 70

City of Vista
Cost Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Cost Proposal
In consideration for the Tasks as detailed in the Scope of Work, the estimated compensation is detailed below by task:

SCI Staff Hourly Rate
John Bliss, President $ 300
Edric Kwan, Vice President $ 285
Kyle Tankard, Cannabis Services Leader $ 325
Arcelia Herrera, Senior Cannabis Consultant $ 260

Incidental costs incurred for the purchase of additional travel and other out-of-pocket expenses will be reimbursed at actual cost, with the total not to exceed $2,200 per year without prior authorization from the City. The scope of services includes one face-to-face staff planning meeting, two (2) Community Outreach meetings, and one presentation to City Council. Any 06/27/2023 C13 Page 64 of 70

City of Vista
Proposal for Commercial Cannabis
Cost Proposal for Cannabis Social Equity Assessment Services By SCIConsultingGroup, June 2023

Page 2 ends

additional face-to-face meetings, if required, shall be billed at the rate of $1,500 per person, per meeting. SCI is available to meet via teleconference call on a regular basis at no additional charge.

There are no non-exempt employees who will be working overtime hours. All employees assigned to this project are exempt from overtime requirements, and their working hours will adhere to the standard schedule as defined by their exempt employment status. 06/27/2023 C13 Page 65 of 70