HomeMy WebLinkAboutSPECTRUM SPORTS MANAGEMENT, LLC. - 2002-12-18 PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SPECTRUM SPORTS MANAGEMENT, LLC
FOR THE MANAGEMENT AND OPERATION OF A
RUNNING AND WALKING EVENT ON THE FOURTH
OF JULY FOR 2003-2005
Table of Contents
1 Scope of Services.....................................................................................................1
2 City Staff Assistance................................................................................................2
3 Term; Time of Performance.....................................................................................2
4 Compensation..........................................................................................................2
5 Extra Work...............................................................................................................2
6 Method of Payment..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
17 Consent....................................................................................................................8
18 Modification.............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited................................................................9
24 Attorney's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law.........................................................................................................10
27 Entirety......................................................................................................................10
g:/Agreements/2002/Spectrum Sports/jmf/jn/ 12/2/2002
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SPECTRUM SPORTS MANAGEMENT, LLC
FOR THE MANAGEMENT AND OPERATION OF A
RUNNING AND WALKING EVENT ON THE FOURTH
OF JULY FOR 2003-2005
THIS AGREEMENT (the "Agreement") is made and entered into this I r j day
of D*4,♦'" 2 4.1 2002, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY, and
Spectrum Sports Management, LLC, a California limited liability company, hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant for the
management and operation of a running and walking event (the "Event") on the Fourth of
July for 2003-2005; and
Pursuant to documentation on file in the office of the City 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 CITY 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."
Should CITY retain a title sponsor for the Fourth of July celebration, then
CONSULTANT agrees to implement the terms of such agreement with the title sponsor.
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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. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY(the
"Commencement Date"). This Agreement shall expire on September 30, 2005, unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than September 30, 2005. These times may be extended with the
written permission of CITY. The time for performance of the tasks identified in Exhibit
"A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit
the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT the following fixed management fee:
Yr. 2003 $16,000.00 plus $3.50 for every registered Event Participant over
3000
Yr. 2004 $17,500.00 plus $3.50 for every registered Event Participant over
3000
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Yr. 2005 $19,000.00 plus $3.50 for every registered Event Participant over
3000
CONSULTANT also shall receive twenty percent (20%) of all fees paid by
sponsors recruited confirmed and serviced b CONSULTANT during the term of this
p Y g
Agreement.
5. 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 only 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.
6. METHOD OF PAYMENT
CONSULTANT shall be entitled to payments according to the following
schedule:
A. CITY shall pay CONSULTANT the first half of the fixed
management fee pursuant to the terms of Exhibit "B," which is attached hereto and
incorporated into this Agreement b this reference, which invoice CONSULTANT shall
rP g Y
not send to CITY before March 1 st of each year.
B. CITY shall pay CONSULTANT the second half of the fixed
management fee pursuant to the terms of Exhibit "B," which invoice CONSULTANT
shall not send to CITY before June 15th of each year.
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C. CITY shall pay CONSULTANT the participant fee for every
participant above 3,000 within thirty (30) days after CITY approves in writing the final
number of registered participants for that year's Event.
D. CITY shall pay CONSULTANT all commissions within thirty (30)
days after receipt of payment from the sponsor.
7. PAYMENT OF COSTS AND EXPENSES
For all costs and expenses CONSULTANT seeks reimbursement from
CITY under this Agreement, CITY shall only pay the actual cost or expense without any
markup. If approved in writing by CITY, 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 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, safety pins)
and all documented Event related phone, postage, Federal Express, mileage at 31.5 cents
per mile, any copies at no more than the actual cost of duplication, or at 10 cents per page,
whichever is less. CONSULTANT shall obtain written approval of CITY prior to the
selection of vendors and prior to incurring expenses and will advise CITY in writing on
budget changes. With each request for reimbursement, CONSULTANT shall submit a bill
or receipt verifying the cost and/or expense incurred by CONSULTANT. CITY is
responsible for payment of all budgeted expenses including, but not limited to, expenses
for registration, finish line, printing and rental agreement. All authorized expenses for the
Event will be paid by CITY from an account established, controlled and maintained by
CITY.
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8. 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 belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
9. MAILING LIST AND PHOTOGRAPHIC RIGHTS
The mailing list that is generated by the Event and all photographic rights to
the Event will remain the joint property of CITY and CONSULTANT.
10. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) 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 CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
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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.
11. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-
mentioned insurance shall not contain a self-insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
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12. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
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 policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner,the premiums on the insurance hereinabove required.
13. 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
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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.
14. 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 CITY.
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 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.
15. 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 any third person any right of subrogation or
action over or against any party to this Agreement.
16. 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.
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17. 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 the 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. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
If for whatever reason, the Event is canceled by circumstances beyond the
control of either party, then CONSULTANT will be paid the fixed management fee which
has accrued prior to the date of cancellation in accordance with the schedule set forth in
Sections 4 and 6 of this Agreement. CONSULTANT may cancel this Agreement with one
hundred twenty (120) days written notice at any time; provided, however, that
CONSULTANT immediately return to CITY all fees paid by CITY to CONSULTANT
pursuant to this Agreement, except for those fees earned for the previous years' Events.
18. 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 CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 11 and 12 hereinabove.
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19. 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.
20. 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.
21. 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 CITY 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. CITY 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 CITY: TO CONSULTANT:
City of Huntington Beach Spectrum Sports Management, LLC
ATTN: Director of Community Services ATTN: Mike Bone
2000 Main Street 2058 N. Mills Avenue, #454
Huntington Beach, CA 92648 Claremont, CA 91711
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22. CONSENT
When CITY'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.
23. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
24. 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 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.
25. 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.
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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.
26. 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.
27. 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.
28. 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.
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29. 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 non-prevailing party.
30. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
31. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
32. 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 supercede all prior
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understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
SPECTRUM SPORTS MANAGEMENT, CITY OF HUNTINGTON BEACH,
LLC, a California limited liability a municipal corporation of the State of California
company,
AA
By: n
Mike Bone, Managing Member tCL erector of Comm Services
(Pursuant To HBMC§3.03.100)
APPROVED AS TO FORM:
City A o ey
REVIEWED AND APPROVED:
rty Administrator
(only for contracts over$50,000.00)
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide the management and operation of the Event on the Fourth
of July for 2003-2005.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Provide Event design, marketing and promotional ideas.
2. Provide the Fourth of July Committee (the "Committee")with run course options
for new course design at the direction and written approval of the Committee.
3. Be responsible for sponsor proposal development.
4. Be responsible for recruitment of run sponsors.
5. Be responsible for Entry form design,printing and distribution.
6. Consult on advertisement schedule,placement, copy and design.
7. Be responsible for all sponsor commitments,timelines, advertisement placements
and other contractual considerations.
8. Provide overall plan/schedule and individual supervision of volunteers.
9. Provide month to month Event time line.
10. Assist in obtaining top runners for the Event.
11. Attend Committee meetings,provide input on the run activities, and assure a
knowledgeable and experienced staff member of CONSULTANT will attend and
provide input at all necessary meetings.
12. Coordinate medical and aid station plan.
13. Develop a signage plan for the entire run venue.
14. Supervise all aspects of Event day.
15. Supervise start/finish area and all course security.
16. Supervise all aspects of course operations,including marking the course, and
supervising traffic control and course guides.
17. Coordinate post race party area including all rental equipment.
18. Provide Event day timeline.
19. Provide three knowledgeable and experienced staff for pre-Event and day of
Event support pertaining to course management.
20. Order bib numbers.
21. Consult on awards plan and prepare script.
22. Provide post race statistics and communication with advertisers and marketers.
23. Supervise implementation of area notification plan and signage.
24. Coordinate registration and finish line results.
25. Consult on budget development.
26. Recruit and service expo booth vendors for race day.
27. Secure and provide the Committee with course certification and required
insurance.
28. Provide participant database to CITY at cost of Two Hundred Fifty Dollars
($250).
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C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Recruit a working committee of volunteers (12— 15 members).
2. Create and duplicate sponsor proposals.
3. Service all of CITY's obtained sponsors.
4. Proof all advertisement placements, copies and designs.
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 and fifty(150)volunteers and twelve
(12) captains for pre-Event/post Event and day of Event duties as outlined
by CONSULTANT.
9. Provide for distribution and cost of distribution of flyers at all Los Angeles
County, Orange County, and North San Diego County running and walking
events sixteen(16)weeks prior to the 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 Event budget.
D. WORK PROGRAM/PROJECT SCHEDULE:
CONSULTANT shall complete all of its duties and responsibilities under this Agreement
in a timely manner to ensure that the Event occurs on July 4 of each year.
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EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to the two payments toward the fixed management
fee set forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A monthly progress report prepared by CONSULTANT
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.
3. CONSULTANT shall submit to CITY an invoice for each payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due; and
D) 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.
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, 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.
4. 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.
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S INSURANCE AND INDEMNIFICATION WAIVER
Beah. MODIFICATION REQUEST
1. Requested by: Karen Foster, Risk Management
2. Date: December 16, 2002
3. Name of contractor/permittee: Spectrum Sports Management
4. Description of work to be performed: 4th of July Running/walking Event
5. Value and length of contract: —$16K - $19K plus $3.50/ev. participant over 3,000: 3 yrs
6. Waiver/modification request: Professional Liability Insurance
7. Reason for request and why it should be granted: No professional liability risk
8. Identify the risks to the City in approving this waiver/modification: None.
epa m nt Head Sig ture Date:
APPROVALS
Approvals must beobtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management
❑ pp roved ❑ Denied /��+
A.. Signature Date
2. C1
ttorney's Office
PJrApproved ❑ Denied
'Signaturef 1664
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
1........�....... O I...J..........:C.....1:....\A/..:.... AnMA Iln nn A.110 1'lAA
1000242227
American Specialty Insurance Services, Inc.
142 North Main Street
Roanoke, Indiana 46783
Phone: 260-672-8800
Fax: 260-672-8835
spa Lwe
DATE: May 2, 2003
TO: SPECTRUM SPORTS MANAGEMENT
MIKE B.
2058 N MILLS#454
CLAREMONT, CA 91711
FROM: David Scheppele
Account Representative
RE: USA Track and Field
SURF CITY RUN
Enclosed please find USA Track and Field, Inc. Certificates of Insurance for the above referenced event.
If you have signed a contract relative to this event, we request that you send us a copy of the contract so that
we may review it from an insurance perspective.
If you have any questions or need additional information, please let me know.
CC: CITY OF HUNTINGTON BEACH AND ITS AGENTS, OFFICERS AND EMPLOYEES
ATTN: NAIDA OSLINE
2000 MAIN ST
HUNTINGTON BEACH, CA 92648
Date Issued:2-May-03 CERTIFICATE OF INSURANCE ...
CERTIFICATEHOLDER
CITY OF HUNTINGTON BEACH AND ITS AGENTS,OFFICERS AND EMPLOYEES
ATTN:NAIDA OSLINE
2000 MAIN ST
HUNTINGTON BEACH,CA 92648
PRODUCER INSURED
American Specialty Insurance Services,Inc. USA Track&Field,Inc.
142 North Main Street One RCA Dome,Suite 140
Roanoke,Indiana 46783 Indianapolis,IN 46225-0120
This certificate is issued as a matter of SPECTRUM SPORTS MANAGEMENT
information only and confers no rights upon 2058 N MILLS#454
the certificateholder. This certificate does CLAREMONT,CA 91711
not amend,extend,or alter the coverage
afforded by the policy below.
COVERAGES—THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE
FOR THE POLICY PERIOD INDICATED,NOT WITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER
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 CONDITION OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN
REDUCED BY PAID CLAIMS.
COVERAGE LIMITS IN DOLLARS
United States Fidelity and Guaranty Company GL Policy Number D064L00469 General Aggregate Limit-each event 1,000,000
Effective:31-DEC-02 12:01 AM Expires:31-DEC-0312:01 AM
Products-Completed Operations Aggregate Limit 1,000,000
Personal and Advertising Injury Limit 1,000,000
Each Occurrence Limit 1,000,000
Damage to Premises Rented to You(Any One 50,000
Premises)
Medical Expense Limit(Any One Person Excluded
ADDITIONAL INFORMATION/RESTRICTIONS/SPECIAL ITEMS
•The Certificateholder is only an Additional Insured with respect to liability caused by the negligent acts or omissions of the Named Insured,as respects to the
SURF CITY RUN from July 03,2003 through July 04,2003.
CANCELLATION-SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING
COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATEHOLDER.
Form No. UTAF_000004
Certificate No. 1000242227
Event Code:s-03-33-097
David Harris
Authorized Representative
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COVERAGE MODIFICATION ENDORSEMENT
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
As of the effective date hereof, it is hereby understood and agreed that Form CG 0001(10/01)-COMMERCIAL GENERAL
LIABILITY COVERAGE FORM, SECTION II -WHO IS AN INSURED is amended to include any person or organization
designated below as an additional insured.
Additional Insured`. The Person or Organization as identified on the Certificate of Insurance issued to the respective
Certificate holder.
Insurance provided to any additional insured applies as follows:
1) That-person or organization is only an additional insured with respect to liability caused by the negligent acts or
omissions of the Named Insured.
2) The limits of insurance applicable to the additional insured are the lesser of the policy limits or those limits specified
in a contract or agreement. These limits are inclusive of and not in addition to the limits of insurance shown in the
declarations.
All other terms and conditions remain unchanged.
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