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PACIFIC SPORTS LLC - 2000-03-20
;,A CITY OF HUNTINGTON BEACH l 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: 03-23-00 TO: Pacific Sports, L.L.C. ATTENTION: Mike Bone Name 1500 S. Sunkist, Suite E DEPARTMENT: Street Anaheim, CA 92806 REGARDING:Professional Services City,State,zip Contract re: Running & Walking Event on the 4th of July 2000- 2002 See Attached Action Agenda Item E—16 Date of Approval 3—2 0—0 0 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement X Bonds Insurance X RCA Deed Other CC: R. Hagan Com. Serv. X X X Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name. Department RCA Agreement Insurance Other C. Mendoza X X Risk Management Dept. Insurance G:Followup/Letters/coverltr. (Telephone:714-536.5227) (15) March 20, 2000 - Council/Agency Agenda - Page 15 and the 2. ..-year repayment schedule using future community development Block Grant entitlements for public projects. [Approved as amended 7-0] E-16 (City Council) Accept Bid and Award a Three-Year Professional Services Contract with Pacific Sports, L.L.C. to Manage the Fourth of July Surf City Run/Expo Annually Beginning in 2000—Title Sponsor: Tommy Hilfiger/New York Road Runners' Club (600.10) — 1. Accept the low responsive/responsible bid submitted by Pacific Sports and approve a three-year contract - Professional Services Contract Between The City Of Huntington Beach And Pacific Sports, L.L.C. For The Management And Operation Of Running And Walking Event On The Fourth Of July 2000-2002; and 2. Authorize the Mayor and City Clerk to execute same. Submitted by the Community.Services Director... Funding Source: General Fund, to be reimbursed from the Fourth of July fundraising activities and donations from Tommy Hilfiger and other sponsors, not to exceed $23,500. [Approved 7-0] E-17. (City Council) Accept Bid and Award Construction Contract to Baxter-Griffin Co., Inc., for the Installation of Emergency Vehicle Pre-Emption (EVPE) Detection at Five Signalized Intersections in Huntington Beach (FireMed Equipment Fund) CC-1108 (600.55)— 1. Approve the low responsive/responsible bid submitted by Baxter-Griffin Co., Inc., for the installation of Emergency Vehicle Pre-Emption (EVPE) Detection at Five Signalized Intersections in Huntington Beach; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of$86,670; and 3. Authorize the Director of Public Works to expend a total of$100,000, including the contract amount of $86,670, potential construction change orders of$8,667, and supplemental expenditures of $4,663. Submitted by the Fire Chief and the Public Works Director. 1. Brookhurst at Garfield; 2. Newland at Garfield; 3. Springdale at Marina High School; 4. Bushard at Yorktown; 5. Brookhurst at Yorktown. Funding Source: FireMed funds $42,118.00, Measure M funds $57,882.00, necessary equipment purchased using FireMed funds $60,762.45. [Approved 7-01 Q0— Council/Agency Meeting Held: 3 — a© Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied -CA W. a 's Signature Council Meeting Date: March 20, 2000 Department ID Number: CS 00-017 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION - _ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratorwo?wl�o PREPARED BY: RON HAGAN, Director, Community Services ;= SUBJECT: APPROVE A THREE YEAR AGREEMENT WITH PACIFIC"SPOTS TO MANAGE THE FOURTH OF JULY RUN/EXPO ON AN ANNUAL BASIS BEGINNING IN 2000 Statement of Issue,Funding Source,Recommended Action,Alternative Actlon(s),Analysis,Environmental Status,Attachments) Statement of Issue: Staff is requesting City Council approval of a three year agreement with Pacific Sports to organize and manage the Fourth of July Run/Expo. Fundinci Source: General Fund, to be reimbursed from the Fourth of July fundraising activities and donations from Tommy Hilfiger and other sponsors, not to exceed $23,500. Recommended Action: Motion to approve a three year agreement with Pacific Sports, and authorize the Mayor and City Clerk to execute same. Alternative Action(s): Do not approve a three year agreement with Pacific Sports, and direct staff to renegotiate the terms and conditions for agreement. Analysis: The Fourth of July Executive Board received proposals from two run operators: Pacific Sports and Race Pace. The Board selected the low bidder, Pacific Sports. The New York Road Runners Club who will again represent Tommy Hilfiger, the Title Sponsor for the Surf City Run, is ready to work with Pacific Sports to make the event even more successful than last year. A three (3) year agreement will allow the board and the run operator to get a head start on planning and organizing the event, which should result in expanded participation with an increase in revenue. Environmental Status: Not applicable Attachment(s): City Clerk's Page Number No. Description 1. Agreement with Paci fic Ific Sports S '^ it W IL ATTAC H MENT # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC SPORTS, L.L.C. FOR.THE MANAGEMENT AND OPERATION OF A RUNNING AND WALKING EVENT ON THE FOURTH OF JULY 2000-2002 THIS AGREEMENT, made and entered into this 20th day of March 2000,by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PACIFIC SPORTS, L.L.C., a California limited liability corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant for management of a running and walking event on the Fourth of July, 2000-2002 in the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. WORK STATEMENT A. CONSULTANT shall provide all services as described in the Request for Proposal, and CONSULTANT's proposal (hereinafter referred to as Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." CITY shall provide all services as more fully described in Exhibit `B". 1 j mp/agree/pacsport/03/01/00 B. Title Sponsor Benefits Should CITY retain a Title Sponsor for the Fourth of July running and walking event, then CONSULTANT agrees to implement the terms of such contract with the Title Sponsor so long as the CITY provides written notice to CONSULTANT no later than March ls` of each year before the signing of the sponsorship agreement C. CONSULTANT hereby designates Mike Bone, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended if mutually agreed by the CITY and CONSULTANT in writing. 4. COMPENSATION In return for the full service program outlined above and implemented in 1999, CONSULTANT proposes the following management fee: This fee includes the management of the race only, all timing costs will be billed separately after CONSULTANT conducts a competitive bidding process among 2 jmp/agree/pacspord03/01/00 selected companies. The selected timing/registration company will be included as a line item of the budget. Yr. 2000 $17,000.00 plus $3.00 for every participant over 3000 Yr. 2001 $19,000.00 plus $4.00 for every participant over 3000 Yr. 2002 $19,000.00 plus $4.00 for every participant over 3000 5. ADDITIONAL COMPENSATION CONSULTANT shall receive twenty percent (20%) of all fees paid by sponsors recruited, confirmed and serviced by CONSULTANT. CITY shall pay CONSULTANT all commissions.within thirty(30) days after receipt of payment from the sponsor: 6. ADDITIONAL RUN REVENUE CREATED FOR CITY. CONSULTANT will establish and implement a merchandise program exclusively for CITY Fourth of July Run and exclusive of the existing parade and fireworks merchandise. Such merchandise will be designed, purchased and sold by CONSULTANT and CONSULTANT's staff with no risk to CITY. CONSULTANT will pay CITY a licensing royalty of ten percent (10%) of the gross sales on all merchandise items. Merchandise will be marketed and sold on the web-site and at the run venue exclusively. 7. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A," or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 3 jmp/agree/pacsport/03/01/00 8. METHOD OF PAYMENT CONSULTANT shall be entitled to payments according to the following schedule: A. One-half due on March 1 S` of each year. B. One-half on or before June 1 S`of each year. 9. OTHER PAYMENTS CITY will pay all deposits and costs incurred or advanced by CONSULTANT in connection with its duties as provided herein concerning the production of the Event as they become due.. It is.agreed that many of these-expenses are major expenses that many of these expenses are major expenses and must be paid for when ordered and/or picked up. CONSULTANT will be reimbursed for actual out-of-pocket expenses (i.e., zip ties, trash bags and safety pins. CONSULTANT will obtain approval of CITY prior to the selection of vendors and prior to incurring expenses and will advise CITY on budget changes. CITY is responsible for payment of all budgeted expenses including, but not limited to, registration, finish line, printing, and rental agreement. 10. EXPENSE CONTROL All authorized expenses for the Event will be paid by CITY from an account established, controlled, and maintained by CITY. CONSULTANT will be reimbursed for all documented Event related phone,postage, federal express, mileage at 31.5 cents per mile, copies at 10 cents per page. 11. MAILING LIST The mailing list is generated by the Event and all photographic rights will remian the joint property of CITY and CONSULTANT. 4 j mp/agree/pacspord03/01/00 12. NO PARTNERSHIP It is the express intention of the parties that this Agreement shall not create a partnership between the parties. This Agreement does not appoint CONSULTANT as the agent, legal representative, or employee of CITY for any purpose whatsoever, and CONSULTANT is not granted authority to assume or create any obligation for, on behalf of, or in the name of, or in any way to bind CITY except as expressly provided herein. 13. PARTIES IN INTEREST Nothing in this Agreement, whether express or implied, is intended to confer the rights or remedies under or by reason of this Agreement on.any persons other than-the.parties hereto and their successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person to any party to this Agreement, nor shall any provision give third person any right of subrogation or action over or against any party to this Agreement. 14. FORCE MAJEURE In the event the performance of any acts, services, or work provided by this Agreement is prevented, stopped, delayed, or destroyed by fire, war, strike, inclimate weather, or any other Act of God, governmental interference, or other force majeure, for whatever reason, the performance of such acts, services, or work shall be excused and extended for a period equal to the force majeure plus three (3) days. 15. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising 5 j mp/agree/pacsport/03/01/00 out of or in connection with performance of this AGREEMENT or its failure to comply with any of its obligations contained in this AGREEMENT except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. 16. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONSULTANT acknowledges awareness of section 3700 et seq. of said 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 maintain workers.'.compensation-insurance in an amount of-. not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence,.One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit. CONSULTANT shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 17. GENERAL LIABILITY INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees,while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined 6 jmp/agree/pacspord03/01/00 single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$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 $1,000,000. Said policy shall name CITY, its officers, and employees 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. 18. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after.thirty days prior written notice; however, ten days prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT 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 provisions for indemnification of City by CONSULTANT under the Agreement. City or its representative shall at all times have the right to demand the original or a copy of all said 7 jmp/agree/pacspord03/01/00 policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 19. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. . 20. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. If for whatever reason, the Event is canceled by circumstances beyond the control of either party, then CONSULTANT will be paid the base fee which has accrued prior to the date of cancellation in accordance with the schedule set forth in Section 3 of this Agreement. CONSULTANT may cancel this Agreement with one hundred twenty(120) days written notice at any time. 8 j mp/agree/pacsport/03/01/00 • • 21. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 22. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 23. CITY EMPLOYEES AND OFFICIALS CONSULTANT 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. 24. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Public Works 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 CONSULTANT: Ron Hagan Mike Bone Director of Community Services Pacific Sports, L.L.C. City of Huntington Beach 1500 S. Sunkist, Suite E 2000 Main Street Anaheim CA 92806 Huntington Beach, CA 92648 9 jmp/agree/paesport/03/01/00 25. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT 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. CONSULTANT 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 CONSULTANT. 26. MODIFICATION This Agreement may.not be superseded and.none of the_terms.of this Agreement . can be waived or modified except by an express written agreement signed by all parties hereto. Any oral representations or modifications concerning this Agreement (including any full executed oral agreements or modifications) shall be of no force or effect unless contained in a subsequent written modification signed by all Parties. 27. WAIVER The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of any such provision, nor prevent such party thereafter from enforcing such provision or any other provision of this Agreement. the rights and remedies granted both parties herein are cumulative and the election of one shall not constitute a waiver of such party's right to assert all other legal remedies available under the circumstances. 28. SECTION HEADINGS. The titles, captions, section, paragraph, subject headings and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or 10 jmp/agree/pacsport/03/01/00 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. 29. 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 or affect the remaining covenants and provisions of this Agreement. No covenantor 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. 30. 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 an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 11 j mp/agree/pacsport/03/01/00 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRE AGREEMENT This Agreement together.with any Exhibit(s) attached hereto and incorporated herein by reference contain the entire and exclusive agreement of the Parties hereto. No prior written or oral-negotiations;representation;inducements;promises, correspondence;memoranda, or agreements between them originating before the date of this Agreement regarding the subject to-this.Agreement not_embodied herein.shall_.be..of any..force or-effect.-The Parties.intend the terms of this Agreement to be the final expression of their Agreement and it may not be contradicted by.evidence of any prior agreement or contemporaneous oral agreement. No extrinsic evidence whatsoever may be introduced in any judicial arbitration proceeding, if any, involving this Agreement. No express or implied warranties, covenants, or representatives have been made concerning the subject matter of this Agreement unless expressly state herein. The REST OF PAGE LEFT BLANK 12 jmp/agree/pacsport/03/01/00 Parties hereto have not relied on any prior or contemporaneous written or oral representations in deciding to enter this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. PACIFIC SPORTS, L.L.C. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: JACK M. CARESS, President B Mayor MIKE BONE, Secretary ATTEST: REVIEWED AND APPROVED: J�� ; City Clerk '-Z3� oo _ _ City rdministrator APPROVED AS TOTORM: Cit t rney 1NIT D APPROVED: >rector Community Services 13 jmp/agree/paesport/03/01/00 EXHIBIT "A" PACIFIC SPORTS RESPONSIBILITIES l. Provide event design, marketing, and promotional ideas 2. Assist with sponsor proposal development 3. Assist with recruitment of sponsors 4. Provide entry form design, printing, and distribution (additional fees for graphic design) 5. Consult on ad schedule, placement, copy, and design 6. Coordinate public relations plan including calendar releases, special interest, and sports 7. Consult with advertising sponsors on timeline and copy 8. Provide overall schedule and individual supervision of volunteers 9. Consult on course design and course maps 10. Provide month-to-month event timeline 11 . Obtain permits, sanctions, and insurance 12. Assist in obtaining top runners for event 13. Attend committee meetings and oversee the work of these committees 14. Coordinate distribution of T-shirts and souvenirs 15. Coordinate medical and aid station plan 16. Coordinate communication plan 17. Assist with developing signage plan 18. Order bib numbers 19. Supervise all aspects of event day 20. Supervise start/finish area and all course security 21 . Supervise all aspects of course operations, including, marking course, super- vising traffic control, and course guides 22. Adhere to parking plan 23. Coordinate post race party area, including all rental equipment 24. Provide event day timeline 25. Provide copy for participant information sheet and produce this sheet 26. Provide three experienced staff for pre-event and day of event support per- taining to course management 27. Consult on awards plan and prepare script 28. Provide post race statistics and communicate with advertisers and marketers 29. Supervise implementation of area notification plan and signage 30. Coordinate registration and finish line results 31. Consult on budget development 32. Consult on ancillary events related to the event 33. Recruit and service expo booth vendors for race day . 34. Recruit product and course water sponsors 35. Obtain course certification 36. Consult on team recruitment 37. Provide participant database to city at cost of $250 EXHIBIT "B" CLIENT RESPONSIBILITIES 1. Recruit a working committee of volunteers (12- 15 members) 2. Create and duplicate sponsor proposals 3. Service all client's obtained sponsors 4. Proof all ad placements, copy, and design 5. Produce design, copy, layout, and print posters 6. Assist in recruitment of celebrities and entertainment 7. Implement public relations plan -sports, special interest, etc. 8. Recruit volunteers-at least one hundred (100) volunteers and twelve (12) captains for pre-event/post event and day of event duties as out- lined by vendor 9. Provide for distribution and cost of distribution of flyer at all Los Angeles County, Orange County, and North San Diego County running and walking events eight (8) weeks prior to event 10. Distribute local poster and entry form 11. Obtain drawing prizes and/or age group awards 12. Coordinate team recruitment from large local employers 13. Assist in coordination of all rental equipment 14. Print participant information sheets 15. Assist with booth recruitment 16. Provide hotel housing for event crew- (7 rooms) 17. Provide information line with a volunteer to answer basic questions 18. Obtain insurance for the event 19. Cover all costs of all items outlined in the budget MAR-09-2000 16:11 SI ;" P.01XS31 2_ AoouaEA THIS CERTIRICATE is AS A MATTER OF Imi FA uum :SIX, Inc. 3 O31 } y Z ONLY AND CONFER RIGHTS UPON THE CERTIFICATE 399 - 18th Street, Suite 2800 HOLDER. TMIS CERTI TE DOES NOT AMEND, EXTEND OR )enver, CO 80202 �Y�ks 'Vo��' I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. C1�''( INSURERS AFFORDING COVERAGE ,NsuRERA:Hartford Fire Insurance Company Pacific Sports LLC IKSURER9:Hartford Underwriters Ins. Co. Attn: .Tack M. Caress INS MCAC 1500 South Sunkist Street, #E INSURER Anaheim, CA 92806 INSURERE: 00VERAMS THE POLICES OF INSURANCE US7E'D BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NCIWTTHSTANDING ANY REOUIREMENT. TERM OR OONDTTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY.BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEFEN LS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LUITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLALAS. TYPE OF INCPURANCE ( POLICY NUMBER POU ! �C11VE TIo - 'UYR6 •. A I GENERAL LIABILITY 134SBAEU8159 06/18/99 06/18/00 EACHOCCURRENCE— f3-, 000. 000 _3fl COMMERCIAL GENERAL LM Lnr FIRE DAMAGE(Any one ftro st3 00 . 00q... _ I__�CLAIMSMADE[XIOCCUR I MEDE!Eftonaperson ZIQ 000 PERSONALAAOVINJURY S 000, OOO GENERAL AGGREGATE SZ OaO. 000 GEN%AGGREGATE LIMITAPPLIES PER: pRODUCTSCOMP/OPAL !2 OOO OOO POLICY1 PRO- LOC _... — A AUTOMOBILE LIABILITY 34SBAEU6159 06/18/99 g6/18/001COMBINEO SINGLE LIMIT ANY AUTO - .,,;';i` (Ea�eefaenq $1, 000, 000 ALL OWNED AUTOS BODILY INJURY _ SCHEDULED AUTOS I (Per person) 1 X HIRE D AUTOS ^, ~ X i NON-OWNED AUTOS TO �0 :• BODILY IdetqINJURY � x ae.Ioen a 14 e, A� — _ PROPERTY DAMAGE : (Peruciocn1) �ARE L HJUTY I AUTO ONLY.EA ACCIDENT S r ANY AUTO VGrnel EA ACC f OTHERTHAN 15 _� AUTO ONLY: AGO i EEX�CeCS LIAEIUTY L 1 EACII OCCURRENCE I J OCCUR E-1 CLAIMS MAD I AGGREGATE _ 9 _ DEDUCTIBLE RETENTION $ — >! A WORICERBOOMPENSATIONANO 34WECBH1123 06/18/99 06/18/00 x WCSTATU. DTH LIABILITYEMPLOYERT LIABIL EACHACCIDENT S1, 000, 000 E.L.015EASE-EACMPLOYE 111, 000,000 ` E.L_DISEASE-POLICY LIMII 91, 000, 000 ` i OT HeR I C r torne9 OF.eca�rleNaFOPeaATIo►IsrLocwnoNsrvErciclJ<sr ^ 6- •rEKooasEo�NT�sPEcuLPRovlsroNe Additional Insured: City o ntington Beach, its officers, employees, agents and volunters are a as their interest may appear but only as respects liability arising out of the Named Insured/ s operations as outlined and covered under the listed insurance policies. CERTIFICATE HOLMRADDf11ONALIN9tiED RiBIFtALE7T1Tt CANCELLATION SHOULDANYOFTHEAW4 DESCRIBED POLCANtSLIEnBETaiITFEE)PIRATIDN City of Huntington Beach DATETHOWOF..TMU UINCINfSURERWII-- rwta,Q_OAYYWRm7EN 2000 Main St . , 4th Floor NOITCETDT►fCffU*rAtt•►OLDSINAMEOTOTM *98290 Huntington Beach, CA 92648 _ aePR�IrTATn1ESL A ZED REPaEBENTAT Ida i MAR-09-2000 15:51 TOTAL P.01 P.01 3AGIFAX 3/13/100- 2:59PM ESIX,INC. - PAGE 3 POLICY NUMBER: 34 SBAEUB 159 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach 2000 Main St. , 4th Floor Huntington Beach, CA 92648 714-374-1597 Additional Insured: City of Huntington Beach, its officers, employees, agents and volunters are added as their interest may appear but only as respects liability arising out of the Named Insured' s operations as outlined and covered under the listed insurance policies. {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 II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 MAR-13-2000 12:57 9?% P.04 SAGIFAX 3 13 100 2:59PM ESIX INC. PAGE 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7J97)2 of 2 #219 6 8 MAR-13-2000 12:57 9?% P.03 Coun6l/Agency Meeting Held: Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: March 20, 2000 Department ID Number: CS 00-017 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratora?OZ-10 PREPARED BY: RON HAGAN, Director, Community Services SUBJECT: APPROVE A THREE YEAR AGREEMENT WITH PACIFIC SPORTS TO MANAGE THE FOURTH OF JULY RUN/EXPO ON AN ANNUAL BASIS BEGINNING IN 2000 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Staff is requesting City Council approval of a three year agreement with Pacific Sports to organize and manage the Fourth of July Run/Expo. Fundina Source: General Fund, to be reimbursed from the Fourth of July fundraising activities and donations from Tommy Hilfiger and other sponsors, not to exceed $23,500. Recommended Action: Motion to approve a three year agreement with Pacific Sports, and authorize the Mayor and City Clerk to execute same. Alternative Action(s): Do not approve a three year agreement with Pacific Sports, and direct staff to renegotiate the terms and conditions for agreement. Analysis: The Fourth of July Executive Board received proposals from two run operators: Pacific Sports and Race Pace. The Board selected the low bidder, Pacific Sports. The, New York Road Runners Club who will again represent Tommy Hilfiger, the Title Sponsor for the Surf City Run, is ready to work with Pacific Sports to make the event even more successful than last year. A three (3) year agreement will allow the board and the run operator to get a head start on planning and organizing the event, which should result in expanded participation with an increase in revenue. Environmental Status: Not applicable Attachment(s): DescriptionCity Clerk's Page Number No. ......1. ........ ....... 1. Agreement with Pacific Sports I � • RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: 3)YEAR``AGREEMENT WITH {PACIFIC SPORTS TO MANAGE THE FOURTH OU Y RUN/EXPO ON AN ANNUAL BASIS BEGINNING_IN-2000 COUNCIL MEETING DATE: Macch 20; 2000 RCA ATTACHMENTS , STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City.Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR"MISSING ATTACHMENTS REVIEWED _FORWARDED`T RETURNED Administrative Staff Assistant City Administrator (Initial) AMIII ) City Administrator (Initial) ( ) ( :Oj� ) City Clerk ( ) EXPLANATION FOR RETURN"OF ITEM. SpaceOnly) RCA Author: Bill Fowler [ / I V