Loading...
HomeMy WebLinkAboutBB Jazz, Inc. - Corky Bennish - 2013-03-04r-11 t)v �7 Dept. ID CS 13-002 Page 1 of 2 Meeting Date: 3/4/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/4/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: -Janeen Laudenback, Acting Director of Community Services SUBJECT: Approve and authorize execution of an agreement with BBJAZZ to conduct a jazz concert in Huntington Beach Statement of Issue: Since 2001, BBJAZZ has been holding the BB JAZZ Festival, a jazz concert in Huntington Central Park. There is a need to generate a multi -year contract with BBJAZZ to continue to provide, promote and manage a jazz concert in Huntington Central Park and to allow the company to plan for their future events. Financial Impact: Not applicable Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Agreement Between the City of Huntington Beach and BBJAZZ to Promote and Manage the BB Jazz Festival in Huntington Central Park." Alternative Action(s): Do not approve the agreement with BBJAZZ and direct staff accordingly. Analysis: The City of Huntington Beach has hosted a jazz .festival in Huntington Central Park at the Central Park Amphitheatre since 2001. The mission of BBJAZZ is to continue to provide, promote, and manage the BB Jazz Festival held on the Saturday and Sunday the weekend after Labor Day. BBJAZZ is requesting an agreement with the City of Huntington Beach to allow them to successfully market future events and to secure quality performers to ensure that the BB Jazz Festival remains a quality event for the City. As reflected in the amendment, BBJAZZ is also requesting that the festival be expanded to a two-day event, conducted on the weekend (Saturday and Sunday) following Labor Day each year. The multi -year agreement will also assure that the event will continue to be operated in Huntington Beach for the foreseeable future. The proposed agreement is intended to provide that assurance. The agreement is for five (5) years, 2013, 2014, 2015, 2016, and 2017, and provides for an extension upon mutual agreement, for an additional three (3) years, 2018, 2019, and 2020. Item 7. - I HB -102- Dept. ID CS 13-002 Page 2 of 2 Meeting Date: 3/4/2013 As with all Huntington Beach specific events, the promoter will be responsible for all pertinent fees as identified and determined through the specific events process. The success of the BB Jazz Festival is important in identifying the City of Huntington Beach as a prime destination for tourism. Due to the City's easy access, consistent and fair weather, the prestige of our surf culture, our capability to accommodate large events and the authenticity that comes with the title "Surf City USA", participants are likely to return year after year bringing more revenue to the hotels, restaurants, and local businesses. Environmental Status: Not applicable Strategic Plan Goal: Enhance economic development Attachment(s): 1. "Agreement Between the City of Huntington Beach and BBJAZZ to Promote and Manage the BB Jazz Festival in Huntington Central Park." HB -103- Item 7. - 2 Item 7. - 3 HB -104- AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BBJAZZ TO PROMOTE AND MANAGE THE BB JAZZ FESTIVAL IN HUNTINGTON CENTRAL PARK THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BBJAZZ, a 501(c)(3) non-profit organization, hereinafter referred to as "BBJ." WHEREAS, CITY wishes to host a jazz festival in the City's Huntington Central Park (hereinafter "EVENT"); and BBJ has indicated its willingness to promote such EVENT and desires to manage such EVENT on City's behalf, and CITY will receive financial and other benefits from the EVENT and desires to conduct the EVENT on the weekend (Saturday and Sunday), following Labor Day, for the years 2013, 2014, 2015, 2016 and 2017; and It is in the best interest of both parties to set forth the general terms and conditions which will be applicable to the event, NOW, THEREFORE, CITY and BBJ agree to the following terms and conditions: 1. AUTHORITY BBJ shall conduct the EVENT on the weekend (Saturday and Sunday) after Labor Day each year, beginning Saturday, September 7, 2013, (or a date mutually agreed to by the parties) and continuing for the years 2014, 2015, 2016, and 2017, using CITY's Central Park Band Stand as the EVENT site under the general terms and conditions contained in this Agreement. This Agreement is subject to Huntington Beach Municipal Code, Chapter 13.54 Specific Events, which requires among other things, for BBJ to apply for and process an annual permit for the EVENT. Application to the Specific Events Committee may be made at any time throughout the year, but not later than ninety (90) days prior to each year's EVENT. Specific guidelines for each EVENT will be developed each year, depending upon alterations to the EVENT. 2. PERMIT FEES AND DIRECT COSTS a) All costs and conditions that apply to each year's EVENT will be determined at the time of review through the Specific Events Committee. These may include, but are not limited to, specific event permit fees, police costs, fire department permits and costs, public works costs for road closure and traffic control plans, business license, parking and parking lot use. BBJ is responsible for paying all associated CITY costs and fees in advance of the EVENT. 13-3633/90173 b) The CITY will make every effort to notify BBJ of any construction, road maintenance, or activity planned on or adjacent to Central Park that may inhibit or otherwise disrupt the use of the course during the EVENT within three (3) months of the event. 3. TERM; EXTENSION This Agreement shall apply to the EVENT for the years 2013 through 2017, and shall remain in effect until September 15, 2017. This Agreement may be extended, upon mutual agreement of the parties in writing, for an additional three year period, to include the years 2018, 2019, and 2020. This Agreement may be terminated by either party with eleven (11) months prior written notice to the other party, or within eleven (11) months of the next EVENT date if both parties mutually agree on conditions of termination. However, CITY may also terminate this Agreement upon thirty days prior written notice to BBJ if: a) BBJ fails to comply with the conditions of approval for the EVENT, or b) BBJ fails to pay assigned fees in advance of the event, as set forth each year by the Specific Events Committee, or c) After review by the Specific Events Committee and subsequent evaluation by the City Council, BBJ's performance is determined to be below the standards consistent with the management of a first class professional musical event. Factors to be considered in any such determination may include, but are not limited to: compliance with the conditions of approval for the EVENT as set forth by the Specific Events Committee; timely payment of fees; compliance with all health and safety requirements; and successful response to community access issues. 4. EXCLUSIVITY CITY reserves the right to conduct other music events and productions in the CITY, however, for the term of this Agreement the sole, exclusive and only recognized jazz festival on public property in CITY shall be the BB JAZZ Festival. If BBJ or CITY desires to conduct additional event(s), either party shall have ten (10) calendar days (the "Acceptance Period") to accept or reject the offer. Any offer not accepted by written notice to BBJ or from BBJ to the Director of Community Services within the Acceptance Period shall be deemed rejected. 5. EVENT PARKING Taking into consideration other park uses and programs, CITY will make available use of certain parking lots and areas within Central Park, including the Sports Complex for EVENT parking. Specific lots and areas will be determined as part of the annual Specific Event process. Approval to allow BBJ to charge a fee for event parking will also be determined through the annual Specific Event process for the EVENT. 13-3633/90173 2 6. HOLD HARMLE BBJ shall protect, defend, indemnify and save and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with BBJ's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by BBJ, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. BBJ will conduct all defense at its sole cost and expense and CITY shall approve selection of BBJ's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by BBJ. 7. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, BBJ acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; BBJ covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Unless BBJ files with CITY an approved, signed Declaration of Non -Employer Status, BBJ shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. BBJ shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. BBJ shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and BBJ shall similarly require all subcontractors to waive subrogation. 8. INSURANCE In addition to the workers' compensation and employer's liability insurance and BBJ's covenant to defend, hold harmless and indemnify CITY, BBJ shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the EVENT. This policy shall indemnify BBJ, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the EVENT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this EVENT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may 13-3633/90173 3 be applicable to the EVENT shall be deemed excess coverage and that BBJ's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 9. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, BBJ shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: a) provide the name and policy number of each carrier and policy; b) state that the policy is currently in force; and c) promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. BBJ shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the BBJ's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. BBJ shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. BBJ shall provide a separate copy of the additional insured endorsement to each of BBJ's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 10. CITY EMPLOYEES AND OFFICIALS BBJ shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 11. ASSIGNING AS BREACH BBJ shall not encumber, assign or otherwise transfer this Agreement, or any right or interest in this Agreement, without the prior express written consent of CITY. A consent by CITY to one assignment or transfer to another person or entity shall not be deemed to be a consent to any subsequent assignment or transfer to another person or entity. Any encumbrance, assignment or transfer, without the prior written consent of CITY, whether it be voluntary or 13-3633/90173 4 involuntary, by operation of law or otherwise, is void and shall, at the option of CITY, terminate this Agreement. 12. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to BBJ or to CITY's Director of Community Services as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO BBJ: City of Huntington Beach BB Jazz, Inc. ATTN: Director of Community Services Attn: Corky Bennish 2000 Main Street 43 0- 101 Cranston Ct. Huntington Beach, CA 92648 Long Beach, CA 92649 90803 - 6386 13. LEGAL SERVICES SUBCONTRACTING PROHIBITED BBJ and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. BBJ understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by BBJ. 14. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 15. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, if any, contain 13-3633/90173 5 the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /%iQ D �, 2013. T BBJAZZ, a 501(c)(3) non-profit organization By: print name ITS: (circle one) Chairman/Preside Nice President AND By: C. _--- print namme --. -- ITS: (circle one) Secretary/ChiefFinanci�er/Asst. Secretary - Treasurer' REVIE ND APPROVED: y Manager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS ; OFORM: ) (16 "�,t�ity Attornd y 1.�v - � ? �(�1'13 13-3633/90173 6 Policy Nomt)ef I Iris' Cotered, d, •_Q 1�pj I 1. CERTIFICAT F LIB I ITT � DATE 1hIM14lODY Y) Q 1612012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVIAY AMEND, EXTFNlD OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOE'S NOT CONSTITUTE A CONTRACT BETWEEN JHE ISSUING INSURER(5), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A Statement on this certificate does not confer rights to the certificate holder In lien of such endorsement(s). PRODUCLR � � f CONIAOY �.,� -�"` •`."."•.•" Diane R M_a.Tns Insurance. Agency 21.34 Main St. #280 Huntington Beach, CA 92648 16662 Baruna Laney Huntington Deirh, CA 92,649 NAML: AraAu (214 ) >J 74-328� F? _intr nagp d714j374-328 6 7tr.,r, uhRLs�. 1- '_" �,11y.@actauE Ln�x�s:arar � act _ucy.<nm 7 INSURERtS) AFFORDING COVERAGE NhiC # _. A; Nonprof'i Cs` li'Suranro Alliance of (:A� thSURERU:24oz T:h P�me.�ir€TxI 1rlate a.ns, con>Eaas2y- ... f ih BUR€rE C :. ____ _ _. _.. __. • _ ___. ...... .............. ._ INSURER D : i IN JRER Ei . COVERAGES CERTIFICATE NUMBER_ REVISION NUMREI2r THIS 15 TO CERTIFY THAT 'rHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT"WiTHSTANDiNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT- OR OTHER DOCUMEN€ W1111 RESPECT TO WHICH "rills CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THFE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIIAH S SHOWN MAY HAVE BEEN REDUCED BY PAR© CLAIMS. ILTR .. ...._. ADOL-SUBR - : - POLICY 11 Err POUCY EXP TYPE OF INSURANCE -. _, ,..... ___, _. I R=WVD _ POLICYNUMBER {Mf1ODfYYYYj MMtDDfIYYY} LIMITS GENERAL LIABILITY j DAMAGE TORENCE I s 1 0001, 000 bhhAAGC TO RENTED A �I COMMERCIAL GENERAL LIABILITY �2012-14229-NPO 9/2912012 8J2gJ2013 PREMISES (Ea ocourran.y) I 8100, 000 C AW$_MADF OCCUR 1 14EO Lxw(A�yorae person? $ 10, 000 _— PER30NAI .AOV INJURY $ 1, 000, 000 _ I GPNERAL AGGREGATE ` CEiJ'LAG i2LGA'F UMITAA1LIC' PER: PRO �ouc,Y .ri cr ILoc AUTOM081LF LIABILITY ANY AUTO ALL OWNED SCHEDULED —1 A.UTOS AUTOS NON OWNer') HIRLDAUYOS _ AUTO UMBRELLA LlAB OCCUR MAC? �. EXCESS LIAB CLJMMSOCD RPTENTI )N $ WORKERS COMPENSATION AND EPIPLOYERS'LfABILITY Y f N` ANY P OPRIETORIPAf TNEWEXECUTIVE OFPICEWMEMSER EXCLUDED? N i A tManda4ory in NH) II yes, desonbe under IB ;Property 2012-14229-NPO T/2912012 18/29/2013 1 b/ CWB 00004379-07 18/29/2012 DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES (Attach ACORD 101, AddillonaE Remarks Schedule, if —re space Is required) 10 Day notice of Cancellation for Non Payment; of Premium. PRODUCTS CONAW10PAGG j S 1, 000, 000 s (E Cl aBINf 1, ID GL Mi I i jLt ace 3erp ; 000, 0_()© _ BODILY It',)URY(Par persern s BODILY INJURY (Po' acc:denq ��. S PI,OPCKII DAMAGE 8 ({ er accefeap -- s EACH O C URHLNCE AGGREGATE I.$ £ L [ACT ACCIDENT $ __ L L DISEASE EA EMPLOYEE S E L. o $EALE, POLICY LIMIT ' $ BPP 100,000 City of Huntington Reach, its officers, elected or appointed officials, employees is and volunteers are listed as additional insured insurance is primary and non --contributory %,CK a Iraq A I L MUL,utrc CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED, 13EFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 200D Main Street Huntington Beach, CAA 92648 AUTHORIZED REPRESENTATIVE C� 1988-2010 ACORD CORPORATION, All rights reserved. At,UKU ZO taD1V1U5f The ACORD name and logo are registered marks of ACCORD Producedusing Ferans ROBS Plus softy+are.tiwr v.rorrnsBoss.car[itmpreasivePublishinp 800.208-997 7 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 INSURLD: BB JAZZ I1,0L,ICY #F2010-14229-hPO This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED - MANAGEA6 OR LESSORS Oh PRI�',NIISES This endorsement modifies insurance provided under the following: COMNIERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation Of Premises (Part Leased To You): HUNTINGTON CENTRAL PARK 2. Name of Person Or Organization (Additional Insured): THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Any person or organization acting as a manager or lessor of a covered premises that you are required to name as an additional insured on this policy, under a written contract, lease oi- 1 greement currently in effect, or becoming effective during the term of this policy, and for which a certificate of insurance naming that person or organization as an additional insured has been issued. 3. Additional Premium: INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the schedule and subject to the following additional exclusions : This insurance does not apply to: a) Any "occurrence" which takes place after you cease to be a tenant in that premises. b) Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the schedule. CG 20 11 01 96 Copyright, Insurance Services Office, Ine. 1994 Page 1 of I _..._—.._._ _.......ram w,,....wn ARTICLES OF INCORPORATION BB JAZZ I The name of this cOsporaxion is HH Jazz. 0 ENDORSED - FILED o1 tM SF" of C39w?" �laaY[at++J��F This corporation is a nonprofit Public Benefit CorpOrati" and is not organized for the private gain of any person. it is organized under the Nonprofit Public Benefit Cocporati" Law for charitable purP- TiI The nwe and addterss in the State of California of $his corporation's initial agent for service of process is; Betty Hersh 16835 Algonquin Street, 4384 Huntingtoo Heath, CA 92649 P A, This corporation is organized and operated exclusively for charitable purposes vAthin the meaning of Seen 571(c)(3), Intemal Revenue Code. B. No substaufial part of the awes of this evrporataon shad consist of cariqire on propaganda, or otherwise aatemPting to iAftence le&latinar, and the corporation shall 'tot Participate orinterfreminany politicalt paign(includingthepublishingordis obit tionofstatetneru)onbebalf of any candidate for public office. o35�s-asafay l ZB762i.i tp-t6�tl? O :OOPIf FRMOSISti LU'( ", WDANIEL & REICR.ER i-71S P 004/004 F498 V The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provisions for payment, of all debts and liabi hies of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(c)(3), Internal Revenue Code. Dated; October 11, 2001 o7666.050(2) 217627.1 �t&.4 R 3 IL. Md)aniel, Incorporator 14 J��1_,���,..r�S• tYr y",.='.,ne*, d..e'r_�o.s� c. `�;+;+;:=�w,�vx.,,e:�7".r� :r'',:'�'i'... ,.-e`•.rtu so.,�:y`� :+':,:'�_<i City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk March 6, 2013 BB Jazz, Inc. Attn: Corky Bennish 430-101 Cranston Ct. Long Beach, CA 90803-6386 Dear Mr. Bennish: Enclosed for your records is a copy of the fully executed "Agreement Between the City of Huntington Beach and BBJAZZ to Promote and Manage the BB Jazz Festival in Huntington Central Park." Sincerely, 4 fl J L. Flynn, CIVIC 0 City Clerk JF:pe Enclosure Glollowup:agrmthr Sister Cities: Anjo, Japan ® Waitakere, New Zealand