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HomeMy WebLinkAboutHUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU, INC. - 2007-06-27j CONTRACTS SUBMITTA T�JR 29 AH11:00 CITY CLERK'S OFFIC kCH To: JOAN FLYNN, City Clerk Name of Contractor: Huntington Beach Conference and Visitors Bureau, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Assist in Planning and Management of Surf City Nights Amount of Contract: $29,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. F� to Risk Management F-1 Finance Dept. F1 ORIGINAL bonds sent to Treasurer ❑ Date: I oA7 Name/Ektension City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal b/a�aao 3� 1,-Kj31Id-M MANAGEMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU, INC. FOR ASSISTANCE IN PLANNING AND MANAGEMENT OF SURF CITY NIGHTS, WEEKEND FESTIVALS AND STREET FAIR ACTIVITIES THIS AGREEMENT ("Agreement") is made and entered this -9 7 At day of n e--- , 2007 into by and between the Redevelopment Agency of the City of Huntington Beach, apolitical body of the State of California, hereinafter referred to as "AGENCY, and THE HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU,, INC., and its independent subsidiary, the Huntington Beach Downtown Business Improvement District through its Advisory Board, the Huntington Beach Downtown Business Association, hereinafter collectively referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a consultant to assist in the planning and management of Surf City Nights, Weekend Festivals and Street Fair; and Pursuant to documentation on file in the office of the Agency Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates the Huntington Beach Downtown Business Association ("Association"), which shall represent it and be its contact and agent in all consultations with AGENCY during the performance of this Agreement. 07-936/9041 1 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on immediately upon approval of this Agreement by the AGENCY (the "Commencement Date"). This Agreement shall expire on December 31, 2007 unless extended or sooner terminated as provided herein. The time for performance of the tasks identified in Exhibit "A" shall be completed no later than December 31, 2007. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by AGENCY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Twenty -Nine Thousand Dollars ($29,000.00). 5. EXTRA WORK In the event AGENCY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from AGENCY. Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained. 6. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall 07-936/9041 2 belong to AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by AGENCY as it sees fit. 7. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless AGENCY, 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 CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of AGENCY. CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall approve selection of CONSULTANT'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 CONSULTANT. 8. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONSULTANT shall obtain and furnish to AGENCY workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. 07-936/9041 3 CONSULTANT shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONSULTANT shall furnish to AGENCY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 9. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONSULTANT's covenant to defend, hold harmless and indemnify AGENCY, CONSULTANT shall obtain and furnish to AGENCY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONSULTANT, 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 PROJECT, 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 PROJECT. This policy shall name AGENCY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT'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. 07-936/9041 4 10. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of AGENCY. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONSULTANT's defense, hold harmless and indemnification obligations as set forth under this Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONSULTANT shall provide a separate copy of the additional insured endorsement to each of CONSULTANT's insurance policies, naming AGENCY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of AGENCY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment 07-936/9041 5 compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by AGENCY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of AGENCY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of AGENCY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY 07-936/9041 6 shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to AGENCY 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, to the addresses specified below. AGENCY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO AGENCY: Redevelopment Agency of the City of Huntington Beach ATTN: Deputy Executive Director 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Douglas Traub President and CEO Huntington Beach Conference & Visitors Bureau 301 Main Street, Suite 208 Huntington Beach, CA 92648-5171 When AGENCY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included 07-936/9041 7 solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 07-936/9041 8 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and AGENCY agree that AGENCY 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. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the Agency Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. 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. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 07-936/9041 9 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify AGENCY fully for any injuries or damages to AGENCY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 29. 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, contain 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. SIGNATURES ON FOLLOWING PAGE 07-936/9041 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on&) /1,e- a2-7 -�' , 2007. HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU, INC. Douglas Traub, President AND B: Y (a 1��' CAe- yi ems, c ev print name ITS: (circle one) Secretary Chief Financial Officer Asst. Secretary — Treasurer 07-936/9041 11 REDEVELOPMENT AGENCY OF CITY OF HUNTINGTON BEACH, a political body of the State of California Deputy Executive Director (Pursuant To HBMC §3. 03.100) APPROVED AS TO FORM: C>✓ gency Counsel C� r 3 • o•�--' EXHIBIT "A" SCOPE OF SERVICES A. STATEMENT OF WORK: The Huntington Beach City Council/Redevelopment Agency on November 20, 2006 approved a trial program for temporary closure of downtown Main Street, including a Tuesday Nights program, called "Surf CITYTm Nights," incorporating a farmers market and other activities, and a series of Weekend Festivals tied to special events. This trial closure is designed to encourage increased visits to the area during the off-peak season. This agreement is designed specifically to assist the City of Huntington Beach/Huntington Beach Redevelopment Agency (AGENCY) to implement the trial closure program. The Huntington Beach Conference and Visitor's Bureau (CONSULTANT) shall have the fiscal responsibility for this agreement and shall provide financial oversight of the Huntington Beach Downtown Business Association (Association). The Association has been designated by the AGENCY as the Advisory Board to the Huntington Beach Downtown Business Improvement District (collectively the BID), and is the organization selected to conduct the planning and implementation of this trial program in conjunction with the AGENCY. Operating as an independent subsidiary of the Huntington Beach Conference and Visitors Bureau (CONSULTANT) and in partnership with the AGENCY, the BID agrees to perform the following services: B. DUTIES AND RESPONSIBILITIES: 1. Assist AGENCY in planning and implementing all activities, events, schedules, mailings, graphics and other details necessary for the "Trial Program for Temporary Closure of Downtown Main Street", as approved by the City Council on 11/20/2006; specifically the Locals Tuesday Nights, currently being marketed as Surf City Nights Downtown Street Fair, and the five Seasonal Weekend Festivals. All materials and services must be approved in advance by the AGENCY. 2. Provide the AGENCY with all invoices and receipts for all valid purchases of materials and services rendered for the trial program. 3. Take the lead in design and ordering new banners and pennants for the downtown to advertise the events, costs as budgeted to be reimbursed by the Redevelopment Agency. All materials, designs, colors, ad copy and related work must be approved in advance by the AGENCY. 4. For the Seasonal Weekend Festivals, the BID must plan and implement all activities and provide the AGENCY with variations and proposals, costs as budgeted to be reimbursed by the Redevelopment Agency. All Weekend Activities and Entertainment must be approved by the AGENCY. 5. Provide staff to be the on -site Manager/Supervisor of the above mentioned Main Street events, plus other special events that maybe jointly held; and have members of the BID also on -site during the events to help maintain order and ensure smooth operations; 6. Cooperate with the AGENCY, the City's contractors/vendors selected to operate the Farmers Market, the Street Performers, special events operator, and other parts of the Main Street events to help ensure the success of these events; 10932 EXHIBIT "A" SCOPE OF SERVICES 7. Provide leadership in getting retailers and restaurant operators to participate in these events with tables/booths on the sidewalks and Main Street if possible. The Downtown BID shall approve and supervise any Retail/Restaurant Businesses desiring a table/space/booth along the sidewalk or in Main Street. 8. Conduct mailings and other forms of contact to members and residents to market these events. All marketing materials including posters, handouts and mailings pertaining to these specific events, separate from regular BID business, will be approved by the AGENCY prior to being distributed. 9. Meet with the AGENCY before, during and after these Main street events to continue the planning, implementation, and analysis of said events; 10. Assist the AGENCY and its consultants to gather information on the level of success and satisfaction of the residents, clients and public from these events. 11. BID shall assign an individual to serve as its liaison with respect to the operation of the Main Street events. The Director of the City of Huntington Beach Department of Economic Development or his designee shall be the primary contact with the AGENCY for all matters related to this Agreement. 12. BID shall help maintain clean and clean thoroughfares for pedestrian traffic. 13. BID or its members shall obtain any and all permits and approvals required by AGENCY or by any other governmental agency relating to the activities of the BID or its members at these Main street events. 14. Perform other duties relating to Main Street events and Downtown Huntington Beach as potentially jointly agreed with the AGENCY. C. AGENCY'S DUTIES AND RESPONSIBILITIES: 1. Provide, erect and take down all required barricades to close/reopen streets as required. 2. Provide for Police foot patrols at its sole discretion, (currently planned for 2-4 officers) during the street events. 3. Market events through local cable and printed materials. 4. Provide 2 hours of free parking in the City's main parking structure. 5. Cooperate with BID to help ensure the success of these activities. 6. Secure special events and City Council approval to conduct the Main Street events. 7. Act as applicant or co -applicant on City permits and requests/work orders to reduce or eliminate City fees or charges as much as possible. 8. Provide Redevelopment Agency funding/staff support and pay all authorized invoices in a prompt and professional manner. 10932 2 EXHIBIT "A" SCOPE OF SERVICES D. WORK PROGRAM/PROJECT SCHEDULE: For the "SURF CITY NIGHTS, DOWNTOWN STREET FAIR", the Farmer's Market and Street Fair program hours shall occur each Tuesday from 5 PM till 9 PM beginning on Tuesday March 6, 2007 and ending on Tuesday May 22, 2007, unless changes to Times and or Dates are mutually agreed upon in writing by the AGENCY and Farmers Market Contractor. For the Seasonal Weekend Festivals, current plans are for 5 separate events scheduled between May and December, 2006, or as maybe modified by mutual agreement. 10932 3 EXHIBIT "B" Payment Schedule HUNTINGTON BEACH DOWNTOWN MERCHANTS ASSOCIATION DOWNTOWN BUSINESS IMPROVEMENT DISTRICT CONFERENCE AND VISITORS BUREAU SURF CITY NIGHTS -SEASONAL WEEKEND FESTIVALS TEMPORARY MAIN STREET CLOSURES 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for AGENCY or as otherwise arranged with AGENCY. 2. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth herein in accordance with the following fee schedule: The Budget for the Scope of Services, EXHIBIT A, is $29,000 (any unspent funds from this Agreement will be retained by the Agency (AGENCY) for its own purposes) and shall be paid as follows: Staff Costs 1$15 000} / Operating Expenses 1$4 000}/ Entertainment 18,0001: total: $27,000 • $6,750.00 (25%) payable upon execution of this Agreement. • $6,750 (25%) payable on July 1, 2007 • $6,750 (25%) payable on October 1, 2007 • $6,750 (final 25%) payable as final payment after the completion of the last scheduled Weekend closure event and the completion of any agreed upon follow-up customer/resident survey, or on December 31, 2007 which ever comes first. Contingency: $2,000 Any or all of these contingency funds can be committed or expended only subsequent to and with the prior written permission of the Director of Economic Development or his designee. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to AGENCY to demonstrate progress toward completion of tasks. In the event AGENCY rejects or has comments on any such product, AGENCY shall identify specific requirements for satisfactory completion. 07-936/10931 1 EXHIBIT B 4. CONSULTANT shall submit to AGENCY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if AGENCY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, AGENCY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by AGENCY. Such approval shall not be unreasonably withheld. If AGENCY does not approve an invoice, AGENCY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of AGENCY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by AGENCY shall be invoiced separately to AGENCY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by AGENCY if the work performed is in accordance with the extra work or additional services requested, and if AGENCY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 07-936/10931 2 EXHIBIT B Su ;its INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST JUN 1 4 2007 1. Requested by: Nova Punongbayan/Economic Development City of Huntington 2. Date: June 12, 2007 City Attorneys Office 3. Name of contractor/permittee: Huntington Beach Conference and Visitors Bureau 4. Description of work to be performed: Management Agreement to assist in Surf City Nights and Weekend Closures to vehicular traffic on Main Street. 5. Value and length of contract: $29 000 from execution of contract to December 31, 2007 6. Waiver/modification request: Automobile Liability Insurance 7. Reason for request and why it should be granted: Not necessary based on type of service 8. Identify the risks to the City in approving this waiver/modification: None. parfm4nt Head_ Signature ': � - ///, - � �-, �, ///// K 7,�l Da APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator'sOffice is only required if Risk Management and ,he City Attorney's Office disagree. 1. Kk Management j Approved El Signature Date 2. City Attorney's Office _ pproved ❑ Denie T,4 f e •14• ignature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved,, this form is to, be filed with the Risk Management division of Administrative Services Waiver 6/12/2007 2:35:00 PM ASPNFAX 6/13/2007 12:31 PM PAUL Z/Uvz rax �eivcl ACORDT� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 6/13/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ADPIS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 10660 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR JACKSONVILLE FL 32247-0660 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (866) 972-7378 (800) 455-9611 INSURED HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU 301 MAIN STREET, SUITE 208 HUNTINGTON BEACH CA 92648 COVERAGES INSURERS AFFORDING COVERAGE I NAIC # INSURERA: NORTHERN INSURANCE COMPANY 19372 INSURER U INSURER C INSURER D INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AND' -jYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE $ PREMISES (Ea occurence)$ ME EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER : POLICY F7 PRO LOC PRODUCTS - COMPrOPAGG $ AUTOMOBILE LIABILITY AN V AUTO ALL OWNED AUTOS SCHEDULE D AUTOS HIRED AUTOS NON-0OWNED AUTOS dt� `PPYZ AS TO FORMPROPERTY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per Fe rson) $ BODILY INJURY (Per acddeM) $ DAMAGE (Per accdent) $ GARAGE LIABILITY ANY AUTO J, CGq� ATH -IT ,/.), (-P�jZ.,it'Yt'i AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY. AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR El CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRO PRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below WC 002069159 1/1/2007 1/1/2008TU RY LIMIT ER E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND EMPLOYEES ARE LISTED AS AN ADDITIONAL INSURED BY THIS POLICY. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 ArnRD 7s i2nnimm SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 0) ACORD CORPORATION 1988 Page 1 of 2 JUN-13-2007 12:46 ASPNFAX 94% P.02 ACORDIM CERTIFICATE OF LIABILITY INSURANCE UODCI DATE 06-11-2007 PRODUCER HRH INSURANCE SERVICES INC/PHS 253141 P: (866) 467-8730 F: (877) 905-0457 PO BOX 33015 SAN ANTONIO TX 78265 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE WSURED HUNTINGTON BEACH CONFERENCE & VISITORS BUREAU 301 MAIN ST. STE 208 HUNTINGTON BEACH CA 92648 INSURERA:Hartford Casualty Ins Cc INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM YY POLICY EXPIRATION ATE M YY LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 2 0 0 O 0 0 0 A COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR 72 SBA AH3 0 6 4 11 / O 1/ 0 6 11 / O 1/ 0 7 FIRE DAMAGE (Any one lire) 53 0 O O O O MED EXP (Any one persm) $1 O 000 X Business Liab PERSONAL &ADV INJURY s2,000,000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s4,000,000 POLICY17PRO- ILCT X LOC AUTOM08ILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS T ED A 1 O APPI�E �+ fix,( i' 1t1V1 COMBINED SINGLE UMI7 (Ea accident) S BODILY INJURY (Per persm) $ HIRED AUTOS NON -OWNED AUTOS T `•g,A J g C- Atto V �7 e J li�D ODILV INJURY (Per acciderrt) 5 _ PROPERTY DAMAGE (Per acciderrr) S GARAGE UABIIITY AUTO ONLY - EA ACCIDENT 5 OTHERTHAN EA ACC AUTO ONLY: AGG S ANYAUTO $ EXCESS UA8IUTY OCCUR CLAIMS MADE EACH OCCURRENCE S AGGREGATE $ S S DEDUCTIBLE $ RETENTION $ WORKERS COMPENSA TIONA NO EMPLOYERS'L1A8/LITY - NC STATU- OTHER T RV MIT E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DE SCRIP TTON OF OPERA TIONS40CA TIONSIVEMCLES1EXCL USIONS A0DE0 8Y ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured's Operations. City of Huntington Beach, it's agent's, officers and employees are additional insured per the Business Liability Coverage Form SS0008, attached to this policy. ULr IIrI MIL IIULULII I L I.W UNHL INJUrt£U; INZWFM LCI ICM; A k_ MIVk_CLLF% I I UIV City of Huntington Beach Attn: Nova Punongbayan 2000 Main St. Huntington Beach, CA 92648 ACORD 25-S (7,197) OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE 00 DAYS FOR NON-PAYMENTI TO THE CERTIFICATE LDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR IRESENTATIVES. REPRESENTATIVE O ACORD CORPORATION 1988 JUN-12-2007 10:15 THE HARTFORD 94% P.05 POLICY NUMBER: 72 SBA AH3064 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION in THE CITY OF HUNTINGTON BEACH ao r ITS AGENTS, OFFICERS AND EMPLOYEES d 2000 MAIN STREET r 0 ti 0 �o 0 M x CN N r O O O r-1 N HUNTINGTON BEACH, CA 92648 Form IH 12 00 11 65 T SEG. NO. 002 Printed in U.S.A. Page 001 Process Date: 0 8 / 2 3 / 0 6 Expi ration Date: 11 / 01 / 0 7 UW COPY JUN-12-2007 10:14 THE HRRTFORD 94% P.02 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: 6/14/2007 2. Department: Economic Development 3. Requested by: Nova Punongbayan 4. Name of consultant: Huntington Beach Conference and Visitors Bureau 5. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. attached 6. Amount of the contract: $29,000 7. Are sufficient funds available to fund this contract?' ® Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 9. Company number and object code where funds are budgeted: 30581002.69505 V 10. Is this contract less than $50,000? ® Yes ❑ No 11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 12. Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ®No y>1 WC aftC� kCA amwvyYd �4 C�z5l.l�i1 Cl �V► 'lj����� 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). n/a / cep eta 15. Attach proposed scope of work. 16. Attach proposed payment schedule. attached Purchasing and Central Services 1. If the answer to this question is "No," the contract will require approval from the City Council.