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HomeMy WebLinkAboutHuntington Beach Downtown Business Improvement District, Inc. aka Downtown BID - 2007-10-01MANAGEMENT AND COST SHARING AGREEMENT THIS AGREEMENT (Agreement) is made and entered into by and between the Redevelopment Agency of the City of Huntington Beach, (hereinafter referred to as Agency), and the Huntington Beach Downtown Business Improvement District, Inc., (hereinafter referred to as Contractor) or Downtown BID collectively referred to as the Parties. WHEREAS, on March 6, 2006, the City of Huntington Beach, in partnership with the Downtown BID and Conference and Visitors Bureau, began Surf City Nights, an Agency sponsored event; and WHEREAS, Surf City Nights is a "street fair" type event (the Event) whereby certain City of Huntington Beach (City) streets are closed to vehicular traffic allowing pedestrians and shop owners to move and operate unobstructed by vehicular traffic. In part, the event allows merchants, artist, food vendors etc. to gather in the downtown Main Street area of the City on Tuesday evenings, between the hours of 5:00 p.m. and 9:00 p.m.; and WHEREAS, in order to better complete the myriad of tasks needed to produce Surf City Nights, the Agency has asked for the assistance of Contractor; and WHEREAS, Agency desires to engage the services of the Contractor to help produce and manage Surf City Nights Farmers' Market, arts & craft vendors, entertainment, and street fair activities as this group is intimately involved with the business operations in the downtown area of Huntington Beach and participates financially in producing the event; and WHEREAS, the Parties desire to set forth their respective obligations regarding cost sharing, operating, and managing Surf City Nights; NOW, THEREFORE, the Parties hereto, for good and valuable consideration, agree as follows: 07-1273/KC MV 8-5 Downtown Streetfair agreement I 1. MANAGEMENT AND COST SHARING Contractor hereby agrees to manage and operate the event known as Surf City Nights with the assistance of the Agency as set forth in Exhibit A (attached hereto and incorporated herein by reference). 2. TERM OF AGREEMENT This Agreement shall commence on the day of 204 and it shall continue in full force and effect until the 30th day of September, 2008. This Agreement shall automatically terminate at the end of the term herein unless sooner terminated in accordance with the provisions of the Agreement. 3. TERMINATION The Parties may terminate this Agreement with or without cause by providing thirty (30) days prior written notice to the other. 4. COMPENSATION The Agency shall provide to the Contractor an amount not to exceed twenty thousand dollars ($20,000.00) to provide the services described herein. In addition, Parties hereby agree to the financial obligations as set forth in Exhibit B. S. CONTRACTOR'S REPRESENTATIONS Contractor acknowledges, represents, warrants and agrees that: A. The Contractor has complied with and shall comply with, all regulations, registrations, filings, authorizations, consents or examinations required by any governmental authority having jurisdiction over its activities or the acts contemplated by this Agreement. B. The Contractor shall promptly notify Agency of any contemplated change in control of Contractor's organization and of any and all legal or financial actions against Contractor. 07-1273/KC MV 8-5 Downtown Streetfair agreement 2 C. The Contractor shall promptly notify Agency in the event any of the foregoing acknowledgements, representations, warranties or agreements are no longer true. 6. HOLD HARMLESS BY CONTRACTOR Contractor 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 arising out of or in connection with Contractor's (or Contractor's subcontractors, if any) negligent performance of this Agreement except such loss or damage which was caused by the sole negligence or willful misconduct of Agency. 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 the Contractor. 7. HOLD HARMLESS BY AGENCY Agency hereby agrees to protect, defend, indemnify and hold harmless Contractor from and against any and all claims arising out of or in connection with Agency's (or Agency's subcontractors, if any) negligent performance of this Agreement except such loss or damage which was caused by the sole negligence or willful misconduct of Contractor. 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 the Agency. 8. INSURANCE Contractor shall obtain and furnish to Agency, a policy of general public liability insurance, including motor vehicle coverage. This policy shall indemnify Contractor, 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 07-1273/KC MV 8-5 Downtown Streetfair agreement 3 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 the Event. 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 Event shall be deemed excess coverage and that Contractor'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, Contractor shall furnish to Agency certificates of insurance subject to approval of the Agency 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 the Agency. Contractor shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by the Agency. The requirement for carrying the foregoing insurance coverages shall not derogate from the Contractor'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 07-1273/KC MV 8-5 Downtown Streetfair agreement 4 or a copy of all the policies of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. Contractor shall provide a separate copy of the additional insured endorsement to each of Contractor's insurance policies, naming Agency, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the Agency Attorney for approval prior to any payment hereunder. 10. NOTICES All notices, certificates, or other communications hereunder shall be sufficiently given and shall be deemed received when (a) personally delivered; or (b) three (3) business days after being deposited in the United States mail in registered form with postage fully prepaid; or (c) one (1) business day after being sent by reputable overnight courier, in each case to the addresses specified below; provided that Agency and Contractor, by notice given hereunder, may designate different addresses to which subsequent notices, certificates, or other communications will be sent: AGENCY: CONTRACTOR: Executive Director PKI4d, Redevelopment Agency of the City of II���l j �4h�. "I� Huntington Beach //�� �p 2000 Main Street `612 O � VC e. 1 � d Huntington Beach, CA 92648��`i! II. INDEPENDENT CONTRACTOR Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. Contractor shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment 07-1273/KC MV 8-5 Downtown Streetfair agreement 5 compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 12. NO ASSIGNMENT This Agreement is personal to Contractor, and Contractor shall not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. Any purported transfer of control, voluntarily or by operation of law, except with the prior written consent of Agency, shall render this Agreement absolutely null and void. 13. FORCE MA.IEURE — UNAVOIDABLE DELAYS Should the performance of any act required by this Agreement to be performed by either Agency or Contractor be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for the performance of the act will be extended for a period equivalent to the period of delay and the performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse Contractor's prompt deposit of rents and other cash receivables to Agency as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Agency or Contractor, required to perform the act. 14. COMPLIANCE WITH LAWS Contractor shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including Federal, State, county and municipal, relating to Contractor's use and occupancy of the Event Site whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the 07-1273/KC My 8-5 Downtown Streettair agreement 6 admission by Contractor in a proceeding brought against Contractor by any government entity, that Contractor has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Agency and Contractor and shall be grounds for termination of this Agreement by Agency. Contractor will obtain all permits and other governmental approvals required in connection with .Contractor's activities hereunder. 15. 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. 16. WASTE OR NUISANCE Contractor shall not commit or permit the commission by others of any waste on the Event Site. Contractor shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Event Site; and Contractor shall not use or permit the use of the Event Site for any unlawful purpose. 07-1273/KC MV 8-5 Downtown Streetfair agreement 7 17. GOVERNING LAW This Agreement shall be governed by the laws of the State of California and all actions initiated under or as a result of this Agreement shall be brought solely and exclusively in a court of competent jurisdiction in the County of Orange, State of California and no other court. 18. SURVIVAL Terms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement shall so survive. 19. AGENCY EMPLOYEES AND OFFICIALS Contractor shall employ no Agency official or any regular Agency employee in the work performed pursuant to this Agreement. No officer or employee of Agency shall have any financial interest in this Agreement in violation of the applicable provision of the California Government Code. 20. ATTORNEY'S FEES Except as expressly set forth herein, in the event suit is brought by either party to enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 21. WAIVER OF BREACH The waiver by Agency of any breach by Contractor of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Contractor either of the same or another provision of this Agreement. 22. 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 of the parties hereto shall retain a 07-1273/KC MV 8-5 Downtown Streetfair agreement 8 duplicate original hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 200g CONTRACTOR: HUNTINGTON BEACH DOWNTOWN BUSINE ASPROV T DISTRICT By. print name ITS: (circle one) C 'rma President/ ce President By: ITS: (circle one) Secretary/Chief Financial Officer/Asst. -� Secreta -Treasurer 07-1273/KC MV 8-5 Downtown Streetfair agreement 9 AGENCY: REDEVELOPMENT AGENCY OF THE AGENCY OF HUNTINGTON BEACH, a public bo of t e St goof California Executive Director .] INITIATED AND APPROVED: Deputy Executive Dire for APPROVED AS TO FORM: '-�( l (- ),Agency Counsel v EXHIBIT "All SCOPE OF SERVICES A. STATEMENT OF WORK: The Huntington Beach City Council/Redevelopment Agency on September 17, 2007 approved extending the Tuesday Night closure of downtown Main Street called "Surf City Nights," incorporating a farmers market, entertainment, and other activities. The City is subsidizing half the expenses for the FY 2007-08 event (see attachment 1). Historically, Tuesdays were the slowest evening for businesses. Surf City Nights shall take place every Tuesday from 5 p.m. to 9:00 p.m. on Main Street between Pacific Coast Highway and Orange Avenue. Surf City Nights is designed to increase tourism and sales to the Downtown. This agreement establishes a partnership between the Huntington Beach Downtown Business Improvement District (BID/CONSULTANT) and the City of Huntington Beach/Huntington Beach Redevelopment Agency (AGENCY) to manage Surf City Nights events and share expenses specific to those events for Fiscal Year 2007-08. Below is chart reflecting expenses incurred between the AGENCY and CONSULTANT: Exoenses to be paid between AGENCY and CONSULTANT: Amount to be paid by Amount to be paid by BID Agency Barricades Set-up and $25,000 to the Agency Restroom Maintenance Management of SCN $20,000 to the BID The CONSULTANT has established itself into 501 (c) 6 and shall have the fiscal responsibility for this agreement. In partnership with the AGENCY, the BID agrees to perform the following services: B. CONSULTANT DUTIES AND RESPONSIBILITIES: 1. Assist AGENCY in planning and implementing all activities, events, schedules, mailings, graphics and other details necessary for the Surf City Nights Downtown Street Fair. All materials and services must be approved in advance by the AGENCY. 2. All marketing materials, designs, colors, ad copy and related work must be approved in advance by the AGENCY. Provide 50% of the marketing via print media, flyers and other sources. 3. The event set up shall begin no earlier than 2:00 p.m. and take down shall be completed no later than 11:00 p.m. 4. Cooperate with the AGENCY and provide and maintain live entertainment, farmers market, selected food vendors as approved by the BID board, arts and craft vendors, kids' activities and other elements of Surf City Nights to ensure the success of these events. 5. CONSULTANT shall pay their portion of the budget for Surf City Nights that was approved by City Council/Redevelopment Agency on September 17, 2007. CONSULTANT shall pay for a portion of the barricade rental, EXHIBIT "Avg SCOPE OF SERVICES set-up, and take down, 50% of the marketing/advertising for the event, 50% or more of building the capacity of the BID, 100% of the live entertainment and 100% of onsite and restroom maintenance. The onsite maintenance includes removal of debris, by two dayporters for a three block closure or one in a two block closure. 6. Provide leadership in getting retailers and restaurant operators to participate in these events with tables/booths. The CONSULTANT in conjunction with the AGENCY shall approve and supervise any Retail/Restaurant Businesses requesting a booth space along the sidewalk or on Main Street. Ensure all vendors displaying and/or selling any products have a quality display with 10 x 10 canopies. Booths shall not obstruct access on public right of ways. 7. Meet with the AGENCY before, during and after Surf City Nights to continue the planning, implementation, and analysis of the event. 8. 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. 9. 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. 10. BID shall help maintain clean and clean thoroughfares for pedestrian traffic. 11. BID or its members shall obtain or renew 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 for Surf City Nights. Act as applicant or co -applicant on required permits and requests/work orders. 12. Perform other duties relating to Main Street events and Downtown Huntington Beach as potentially jointly agreed with the AGENCY. 13. CONSULTANT shall provide monthly reports on building the leadership organization of the BID, Surf City Nights, BID Ambassador Program, and Special Event Activities. 14. The Downtown BID Executive Director actively seeks and secures sponsorships to help finance expenses for entertainment, marketing and other activities. 15. CONSULTANT, with AGENCY approval must review each new arts and craft/off-site commercial vendor application to ensure quality products are sold at the event. It is anticipated that an advisory committee will review all vendor products/displays for all outdoor sales in the downtown. 16. Firefighter Access includes keeping sidewalks free from obstructions at all access points of buildings and areas, and fire lanes must be maintained for fire companies to drive, park and operate fire apparatus and equipment. 17. Building egress (exiting) must not be obstructed in any manner and exit discharges must remain free of any material where its presence would EXHIBIT ®®A®® SCOPE OF SERVICES obstruct or render the exit discharge hazardous. All building egress doors and door widths must remain completely unobstructed to a public way. A public way is defined as any street, alley or similar parcel of land which is at least 10-feet wide and clear from ground to sky. 18. All vendors shall make appropriate arrangements for collection of refuse and the clean up of the site after closure of event. 19. Emergency access shall be maintained in the public right of way. C. AGENCY'S DUTIES AND RESPONSIBILITIES: Provide, erect and take down all required barricades to close/reopen streets as required. Agency shall share a portion of this cost with the CONSULTANT. 2. Provide technical assistance to the BID 3. Provide adequate Police foot patrols at its sole discretion during Surf City Nights. 4. Provide 50% of marketing costs via print media, flyers and other sources. 5. Provide 2 hours of free parking in the City's main parking structure. 6. Pay for additional parking attendant in City's main parking structure and additional restroom cleanings. 7. Provide $20,000 toward building the capacity of the Downtown BID. 8. Cooperate with BID to help ensure the success of Surf City Nights. 9. AGENCY, in conjunction with CONSULTANT must review each new art &crafts/off-site commercial vendor applications to ensure quality products are sold at the event. It is anticipated that an advisory committee will review all vendor products/displays for all outdoor sales in the downtown. 10.Act as co -applicant on governmental agency permits and requests/work orders including but not limited to a Coastal Development Permit, Temporary Use Permit, and an Encroachment Permit. D. WORK PROGRAM/PROJECT SCHEDULE: Surf City Nights, the Farmer's Market and Street Fair program hours shall occur each Tuesday from 5 PM until 9 PM unless changes to times and/or dates are mutually agreed upon in writing by the AGENCY and the Downtown Business Improvement District and is within compliance of its Coastal Development Permit and Temporary Use Permit. Should there be rain in the forecast on an event day the CONSULTANT in conjunction with the designated Economic Development Department staff shall determine if Surf City Nights is cancelled by 9:30 a.m. that morning. During poor weather conditions (i.e. light rain/drizzle, strong winds) Surf City Nights, street closure may be reduced to a two - block closure with limited entertainment (first and second blocks of Main Street). EXHIBIT "B" Payment Schedule 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 CITY or as otherwise arranged with CITY. 2. The City of Huntington Beach Redevelopment Agency (AGENCY) and the Huntington Beach Downtown Business Improvement District (CONSULTANT) shared costs for Surf City Nights as noted in the attached approved budget, attachment "A." As noted in the chart below, the AGENCY shall be entitled to a full payment not to exceed $25,000 as set forth herein in accordance with the following fee schedule. The CONSULTANT shall be entitled to a full payment not to exceed $20,000. The actual cost remaining is owed to the AGENCY in the amount of $5,000: The amount to be paid between AGENCY and CONSULTANT: Agency Expenses BID Expenses Barricades Set -Up $25,000 to the Agency Management of SCN $20,000 to the BID -$20,000 Total Payment Due $0 $5,000 3. The City of Huntington Beach Redevelopment Agency (AGENCY) shall be entitled to a full payment not to exceed $5,000 as set forth herein in accordance with the following fee schedule: • $5,000 payment payable on September 30, 2008 4. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT and AGENCY shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 5. CONSULTANT and AGENCY shall submit to CITY 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; and 4) Include a certification that the work has been performed in accordance with the provisions of this Agreement. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, jmp/contracts group/exB-1/9/15/08 CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY 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 CITY 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. 6. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. 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 CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY 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. jmp/contracts group/exB-1/9/15/08 2 Surf City Nights (SCN) and BID Building Capacity Budget FY 2007/2008 dun,, o e paN a, y B1[� thr gh` y Am©u` t to be Amount to be Restaurant ASs�n & N ai paid :. �gancy #�. '� .�",BID - �pcinsorships � COSTS Barricades Set -Up Equipment Rental/Water Barricades Delivery & Pick Up $600 Straight Time Setting up closure $173.20 Overtime Taking down closure $170.64 Posting Signage (No Parking) Checking & Posting $161.54 Annual $55,269 $34,269 2-Hour Free Parking Weekly Total $450 Annual $22,500 $22,500 Parking Structure Attendants/Extra Additional Parking Restroom Cleanings Attendant $50 Additional Cleaning $30 Weekly Total $80 Annual $4,000 BID to contract directly Two Dayporters with a dayporter service Weekly Total $128 Annual $6,528 BID currently handles Entertainment directly Weekly Total $500 Annual $25,000 $113,297 ATTACHMENT A Page 1 of 2 $21,000 $4,000 $6,528 $25,000 Surf City Nights (SCN) and BID Building Capacity Budget FY 2007/2008 mqu nt to be, pay by Bi through f Amount to be A unt to be Restaura Assn aid b p d by BID Sponsorships ,Agee _i ASSOCIATED COSTS Marketing Annual $20,000 $10,000 $10,000 Organizational Development/Staff Annual $40,000 $20,000 $20,000 86769 $61,528 Total Annual Costs $173,297 $86,769 $816,528 ATTACHMENT A Page 2 of 2 i INSURANCE AND INDEMNIFICATION WAIVER tee'`MODIFICATION REQUE TR ECEIVED RECEIVED 1. FEB 19 08 Requested by: Risk Management HR 2 2 2008 20Be City of Huntington beach 2. Date: February 5.2008 city of Huntington Beach City Attorney's office G 3. Name of contractor/permittee: Huntingtonity beachttorney's Dow®fficontown Business Improve. District 4. Description of work to be performed: Consulting 5. Value and length of contract: $20,000, 2008-2009 as needed 6. Waiver/modification request: Auto insurance 7. Reason for request and why it should be granted: no autos involved 8. Identify the risks to the City in approving this waiver/modification: N/A f Department Head Signature Date: AP:PRO1r'/�LS ' Approovals piust be obtained irI the order listed an #his :form Two approvals'are required for i3'request #o be_grantei, Approval fr�rra the'City Adninistrafor's Office is pnEy required if Risk Man2gernent and ' e City Attomey's Off ` disagree.0 1. i k Management pproved ❑ Denied Signature Date 2. City Attorney's Office proved ❑ Den 3. City Administrator's Office ❑ Approved ❑ Denied re Date 11.1 Signature Date RD CERTIFICATE OF LIABILITY INSURANCE 01/15/2.008 tODUCER (714) 536-6086 FAX (714) 536-4054 Annister & Associates Insurance Agency, Inc. _i tense #a691071 305 17th Street iuntington Beach, CA 92648-4209 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 NAIL # SURED Huntington Beach Downtown Business Improvement District 412 Olive Suite 149 Huntington Beach, CA 92648 INSURERA Nautilus Insurance Company INSURER B: INSURER C: INSURER D- INSURER E OVERAGES. 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. >R DD' iNSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONE. L1511TS - GENERAL LIABILITY NC739839 01/11/2008 01/11/2009 EACH OCCURRENCE $ 1,000,000 )( COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50, 0a CLAIMS MADE OCCUR MED EXP (Any one person) $ 5,00( 1 PERSONAL & ADV INJURY $ 1,000,06ic GENERAL AGGREGATE $ 2 , QQQ r 0Q GEITL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ Included X POLICY D PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ - GARAGE LIABILITY AUTO ONLY -EAACCIDENT $ OTHER THAN EA ACC $ ANYAUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ DEDUCTIBLE 4hkRNEYMCGMRETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- . EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT. $ E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below E.L, DISEASE - POLICY LIMIT $ OTHER SCRIPTION OF OPERATIONS / LOCATI NS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS -day notice of cancellation for non-payment/this notice will be sent in the event of company election e City of Huntington Beach, it officers, elected or appointed officials, employees, agents and Junteers are named as additional insureds with respects general liability policy limits. Primary d non-contributory wording applies with respects general liability policy limits. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 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 T THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTI SHALL IMPOSE NO OBLIGATION OR LIABILITY QFANY KIND UPON THSgNSURER AGENTS OR REPRESENTATIVES. CORD 25 (2001/08) OACORD CORPORATION 1989 FEB-4-2008 10:30A FROM: .rl VI/4Yl GVVV TL. VV ILIA I ." J `1 Vv4 01/24/2008 12:34 7143741743 714 8413034 TO:5365212 LTllll%l.1111 . -... HUMAN RESOURCES P.1 PAGE 01/01 In order to comply with the City Council Resolution No. 6277. you are required j to provide proof of Workers' Compensation Insurance. if you have no 1 employees, this foam enlist be signed and returned to: i City of Huntington Beach Risk Managernent Division 2000 Main Street Huntington Beach, CA 92645 I certify that in the performance of the activity or work for which this permit is Issued, l shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requlrements_ i authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation insurance. Applicant/Company Marne`.Vk,,,,"k. a�4n��A� e �� .��t��,J Applicant's Signature: Title: e- X 't- G,\, \ .� t r" % ,h < —: ctir � �—, Q �t a �� Date Signed: 1 : 'may - c>is - y. Telephone Number: " 1 \ —1 $ `A 1 -��3 POLICY NUMBER: NG738839 COMMERCIAL. GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): THE CITY OF HUNTINGTOM BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS- THE AGENTS AND.VOLUNTEERS . Location(s) o Covered Operations: Description of Work Performed for the Additional Insured: A.. Section Il - Who is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal, and. advertising injury` caused, in whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional Insured at the location(s) designated in the Schedule, but only for occurrences or coverages not otherwise excluded In the policy to which this endorsement applies. B. With respect to the insurance afforded to the additional insured, the following additional exclusions apply: This insurance does not apply to "bodily injury or "property damage" occurring attar: i. Ali work;. including. matr�rials; pacts.or equipment furnisher ' in.corfneetlon r►jath such work, -on the p;oj ct (otherthan service, maintenance or repasts) to be performed by or On behalf 6fthe additional insured at the location of the covered operations has been completed; or 2. That portion of'your work" out -of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as.a part of the same project C. The following Is added to 4.a. of Other Insurance of Section 1V - Commercial General Liability Conditions: If required in a written contract, your policy. Is. primary and noncontributory In the event of an occurrence caused, In :whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf that occurs white performing ongoing operations for the additional Insured at the'locatian(s) designated in the Schedule. - All other terms and conditions of this policy remain unchanged. L8M (06/07) Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Council/Agency Meeting Held: Deferred/Continued to: j Ap roved Co ditionp Approved ❑ De ied City I rk's ignat r Council Meeting Date: 9/17/2007 Department ID Number: ED 07-38 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: Honorable Mayor and City Co it/Redevelopment Agency Members ulbretl -Graft, DPA, CityyAAdministrator/Executive Director SUBMITTED BY: Pen PREPARED BY: Stanley Smalewitz, Economic Development Director/Deputy Executive Director SUBJECT: Approve Agency's Financial Participation in Downtown Business Improvement District Capacity Building and Surf City Nights Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Status, Attachment(s) Statement of Issue: Since the commencement of the Main Street trial closures for Surf City Nights on March 6, 2006, the Downtown Business Improvement District (BID) has experienced growth and overall increased sales revenue on Tuesdays. The BID administration is a critical component to the strategic growth of its organization into a thriving, self -sustainable organization. Additionally, the BID administration has been a principal partner in the management of the Surf City Nights and weekend event closures. Staff proposes to continue to share approximately half of the Surf City Nights operational costs, organizational development and marketing costs with the BID. The Agency's financial participation will ensure the BID's continued efforts in the downtown are cohesive with the city's overall vision to become more of a destination economy and encourage tourism. Funding Source: Economic Development 2007-08 budget account #30581002, augmented, if necessary, by Merged Area Undesignated Fund Balance not to exceed $86,769. Recommended Action: Motion to: 1) Appropriate $86,769 from the Merged Project Area Unappropriated Fund Balance into account #30581002 for capacity building of the Downtown BID and to continue the Agency's financial participation for Surf City Nights; 2) Authorize the Executive Director to enter into a Management Agreement with the Downtown BID in an amount not to exceed $86,769 REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: ED 07-38 Alternative Actions): 1) Do not appropriate $86,769 from the Merged Project Area Unappropriated Fund Balance into account #30581002 for capacity building of the Downtown BID and to continue the Agency's financial participation for Surf City Nights; 2) Do not authorize the Executive Director to enter into a Management Agreement with the Downtown BID in an amount not to exceed $86,769 Analysis: The Downtown Business Improvement District (BID) has become an invaluable partner in the implementation of the Main Street trial closures on Tuesday evenings and selected weekends. The BID has been in existence since 2004 and has financially and physically assisted in the management of Surf City Nights pursuant to the trial period. One of the major goals of the trial closure was to broaden the demographic to increase sales in the downtown and the BID's capacity. Both items are clearly accomplished. The BID is now an established non-profit 501 (c) 6. Additionally, the Downtown BID Board has proposed a 20% increase in their assessment formula depending on size and type of business (attachment #4), and hired an Executive Director in February to manage their organization and assist the city in implementing the Main Street Closures. According to preliminary counts, Surf City Nights attracted thousands of residents, families and visitors to the downtown. The initial budgeted weekly operational costs for Surf City Nights was approximately $8,000 which included staff time, materials, rental equipment, farmer's market, dayporters, and entertainment. On May 21, 2007, City Council approved $90,000 for the remainder of the fiscal year to subsidize half the expenses for Surf City Nights and marketing costs. The BID committed to pay for the remaining expenditures and has proactively searched for alternative funding sources through sponsorships, renting space to outside businesses and vendors, and working with partnering organizations as the Restaurant Association. In July, the transition in the Farmer's Market operator resulted in decreasing expenses of Surf City Nights considerably. Concurrently, the City received an encroachment permit from Cal Trans to expand the two -block closure to Pacific Coast Highway, adding expenses for labor and materials. Overall, operational costs have been reduced by approximately 72% at $2,266 per week. Presently, the BID does not have the financial capacity to incur all costs; however, the organization has proposed to share approximately half the expenses with the Agency in the upcoming fiscal year for Surf City Nights. In the future, staff expects the BID to be able to handle all costs through organizational development and sponsorship opportunities. The total annual operational cost for Surf City Nights is $113,297 (attachment #3). The annual total operational cost plus associated costs for marketing and capacity building of the BID is $173,297. The BID is in a pivotal stage of growth in their organizational development and it is imperative that the Agency continue to support capacity building of the BID and their leadership .2. 91612007 2:31 PM REQUEST FOR C®UNCIUREDEVEL®PMENT AGENCY ACTION MEETING DATE: 9/1712007 DEPARTMENT ID NUMBER: ED 07-38 presence in the downtown. The objective is to assist the BID in becoming a self -sustainable organization that can independently manage Surf City Nights and other initiatives. As noted in the Request for Council and Agency action on 11/20 (attachment #2), "the need for interconnected relations on a working staff level is essential in addressing the future needs and quality of life for the Downtown Main Street. Shared cost and resources are critical in order to obtain and maintain long-term capital improvements ... and to build the capacity of the Downtown BID." Strategic Plan Goal: Land Use and Economic Development Goal — Create an environment that promotes tourism to increase revenues to support community service and transform the city's economy into a destination economy. Environmental Status: n/a Attachment(s): .3_ 9I612007 2:31 PM