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HomeMy WebLinkAboutFAMILY FESTIVAL PRODUCTIONS, INC. - 2007-03-06FC9 CONTRACTS SUBMITTAL TC EWE CITY CLERK'S OFFICeMMAR -6 PH 3' 23 s '^ y ;fTY OF HI. NTI�JG 101, �E,F CH To: JOAN FLYNN, City Clerk Name of Contractor: Family Festival Productions, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Production and Management of Surf City Nights Farmers' Market and Street Fair Amount of Contract: $60,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed t Initiating Dept. ❑ o Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: Nime�/txfenbri City Attorney's Office -�L v6�n �- ;4, ' G:AttyMisc/Contract Forms/City Clerk Transmittal MANAGEMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND FAMILY FESTIVAL PRODUCTIONS, INC., FOR PRODUCTION AND MANAGEMENT OF SURF CITY NIGHTS FARMERS' MAKET AND STREET FAIR ACTIVITIES THIS AGREEMENT ("Agreement") is made and entered this &� day of 0 f l , 2092_ into by and between the Redevelopment Agency of the City of Huntington Beach, a political body of the State of California, hereinafter referred to as "AGENCY, and FAMILY FESTIVAL PRODUCTIONS, INC., hereinafter collectively referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a consultant to produce and manage Surf City Nights Farmers' Market and Street Fair; and Pursuant to documentation on file in the office of the Agency Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates David Gayman who shall represent it and be its contact and agent in all consultations with AGENCY during the performance of this Agreement. 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. g/agree/family fun festival 1 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on immediately upon approval of this Agreement by the AGENCY (the "Commencement Date"). This Agreement shall expire on May 23, 2007 unless extended or sooner terminated as provided herein. The time for performance of the tasks identified in Exhibit "A" shall be completed no later than May 23, 2007. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by AGENCY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Sixty Thousand Dollars ($60,000.00). 5. EXTRA WORK In the event AGENCY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from AGENCY. Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained. 6. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by AGENCY as it sees fit. g/agree/family fun festival 2 7. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless AGENCY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of AGENCY. CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 8. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONSULTANT shall obtain and furnish to AGENCY workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONSULTANT shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONSULTANT shall furnish to AGENCY a certificate of waiver of subrogation under the terms of g/agree/family fun festival 3 the workers' compensation and employer's liability insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 9. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONSULTANT's covenant to defend, hold harmless and indemnify AGENCY, CONSULTANT shall obtain and furnish to AGENCY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONSULTANT, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name AGENCY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 10. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; g/agree/family fun festival 4 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of AGENCY. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONSULTANT's defense, hold harmless and indemnification obligations as set forth under this Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONSULTANT shall provide a separate copy of the additional insured endorsement to each of CONSULTANT's insurance policies, naming AGENCY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of AGENCY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment 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. g/agree/family fun festival 5 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by AGENCY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of AGENCY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of AGENCY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. g/agree/family fun festival 6 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to AGENCY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. AGENCY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO AGENCY: TO CONSULTANT: Redevelopment Agency of the City of Family Festival Productions, Inc. Huntington Beach Attn: David Gayman, President ATTN: Deputy Executive Director 15509 Arrow Highway 2000 Main Street Irwindale, CA 91706 Huntington Beach, CA 92648 17. CONSENT When AGENCY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded g/agree/family fun festival 7 from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/family fun festival 8 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the Agency Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. g/agree/family fun festival 9 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify AGENCY fully for any injuries or damages to AGENCY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 29. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. SIGNATURES ON FOLLOWING PAGE g/agree/family fun festival 10 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. CONSULTANT, CITY OF HUNTINGTON BEACH, a INKLI, f [1VAt, P94UC(l( i'l ZN(- . municipal corporation 4"te of California �,,��i'Q' l� • �fu�l/YtC/� print name ITS: (circle one) Chairm widen ice President AND APPROVED AS TO FORM: Agency Counse 1. ¢g1 �-7 By: 6- REVIEWED AND APPROVED: print name J ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — masurer Executive Director (only for contracts $50, 000.00 and over) agree/forms/agency profserv/4/14/03-A I I EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) 1) "SURF CITY NIGHTS," is a Farmer's Market and Street Fair provided by the CONSULTANT, and shall occur each Tuesday from 5PM until 9PM beginning on Tuesday March 6, 2007 through Tuesday May 22, 2007, unless changes to times and or dates are mutually agreed upon in writing by the CITY/AGENCY and CONSULTANT. Prior to the beginning of the Farmer's Market and Street Fair, the CITY/AGENCY shall close Main Street between Walnut and Orange Avenues. The section of the streets to be utilized by the event from approximately 2 PM until 11 PM, and CONSULTANT will have at least 1 hour before and 1 hour after the event times for set-up and take -down. The Farmer's Market shall incorporate live entertainment, kids activities, restroom facilities, fresh produce, including but not limited to flowers, butcher and fish monger. The CONSULTANT shall work in collaboration with the CITY/AGENCY and the Downtown Business Improvement District (BID). B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Permits & Licenses: CONSULTANT shall cooperate with CITY/AGENCY to jointly secure, and City shall issue without any charge or fee to Contractor (or reimburse through this Agreement), any and all permits and approvals required by and issued by CITY/AGENCY. CONSULTANT shall obtain and be reimbursed by CITY through this Agreement for any permit required by any governmental agency other than CITY/AGENCY for production and operation of the Farmer's Market and Street Fair; unless CITY/AGENCY and CONSULTANT agree that CITY/AGENCY shall secure these permits, in which case CONSULTANT will assist CITY/AGENCY in these efforts. CONSULTANT shall be responsible for enforcing among Farmer's Market and Street Fair Vendors any and all guidelines, codes, and regulations required by law. 2. Farmer's Market and Street Fair Appearance & Aesthetics: It is CITY'S/AGENCY's expressed desire that the Farmer's Market and Street Fair should have an appealing and visually attractive look and feel. CONSULTANT shall endeavor to fulfill this desire by taking reasonable steps to maintain a festive yet professional visual aesthetic for the Farmer's Market and Street Fair. More specifically, CONSULTANT shall endeavor to achieve CITYWAGENCY's visual appearance and aesthetic goals in the following areas: • Pedestrian Thoroughfares: CONSULTANT shall maintain clean and clean thoroughfares for pedestrian traffic. • Arts & Crafts Booths: No Arts and Crafts are currently allowed except through the Downtown Merchants Association but if requested by the CITY/AGENCY, then CONSULTANT may choose to add Arts and Crafts Booths and shall then require arts, crafts and boutique Vendors to adhere to CONSULTANT'S code of conduct. jmp/contracts group/exA2/27/07 EXHIBIT "A" • Food Booths: No Food Booths are currently allowed except through the Downtown BID but if requested by CITY/AGENCY, then CONSULTANT may choose to add and shall then require Food Booth Vendors to adhere to Contractor's code of conduct. • Kids' Activities: CONSULTANT shall ensure that the kids' activities area is kept safe, clean and free from any obstructions or obstacles. • Farmer's Market: CONSULTANT shall ensure that the Farmer's Market area is kept safe, clean and free from any obstructions or obstacles. • Event Staff: CONSULTANT'S employees and staff shall wear a uniform shirt, to be provided by CONSULTANT, during the Farmer's Market and Street Fair hours of operation. • Maintain Business Friendly Visibility & Participation: CONSULTANT shall reasonably accommodate any Retail, Service, or Restaurant Business which has an existing store front within the Downtown area requesting table/space on the sidewalk, or, if space is available at the sole determination of the CONSULTANT at the Farmer's Market and Street Fair. Retail/Restaurant Businesses desiring a table/space along the sidewalk or in the Farmer's Market and Street Fair shall coordinate their requests and obtain approval firstly from the Downtown BID. 3. Vendors: CONSULTANT shall have the sole discretion to decide which potential Vendors are granted a location in the Farmer's Market and Street Fair. A Vendor who is granted a location in the Farmer's Market and Street Fair shall comply with all rules and regulations of CONSULTANT for the operation of a location at the Farmer's Market and Street Fair. The City shall enforce the rules and regulations of CONSULTANT with regards to the operation of the Farmer's Market and Street Fair and shall remove any Vendors at the Farmer's Market and Street Fair that are present without the written permission of CONSULTANT. 4. City Liaison: CONSULTANT shall assign an individual to serve as its liaison with respect to the operation of the Farmer's Market and Street Fair. The Director of the City of Huntington Beach Department of Economic Development or his designee shall be the primary contact of the CITY/AGENCY for all matters related to the Farmer's Market and Street Fair and Agreement. 5. Live Entertainment/ Street Performers: CONSULTANT shall provide live entertainment/street performers —Farmer's Market and Street Fair should include a program of up to 15 separate acts of street entertainers/performers. The entertainers will be able to sell CD's (or other works) and collect tips through a Specific Events Business License. The entertainers/performers must provide their own power, no generators, only batteries. CONSULTANT or its Street Entertainment Operator will provide onsite supervision of the street performers, artists, free speech activists, orators, religious groups and any other participants apart from those groups and individuals operating, managing or working for the Farmer's Market portion of the Downtown Street Fair. This supervisory jmp/contracts group/exA2/27/07 EXHIBIT "A" activity includes, but is not limited to, scheduling performer times and locations, monitoring and regulating sound levels, and resolving conflicts which may arise among participants or between participants, stake holders or members of the public. Additionally, the Operator will assist police and fire personnel, city officials, event staff and the public to insure a safe environment on Main Street and a well -managed event. CONSULTANT shall provide one performance stage for larger musical acts and local high school theater acts. 6. Customer Service: CONSULTANT shall maintain a written log of complaints and other matters of concern that pertain to the Farmer's Market and Street Fair. The log shall include the name of the complainant, a description of the complaint, how Contractor resolved the complaint, the date that Contractor first became aware of the complaint and the date of resolution. CONSULTANT shall endeavor to resolve all complaints in a timely manner. 7. Public Safety: As the Farmer's Market and Street Fair generates a high level of pedestrian activity, CITY/AGENCY may assign at it s sole cost and expense a reasonable number of police department personnel to patrol the event, provided however that this provision shall not be interpreted as an obligation to assign such personnel, it being CONSULTANT professed belief that the presence of police personnel is not necessary. Furthermore, CONSULTANT shall maintain a 20-foot clear lane in Main Street for emergency vehicle access, and work with the CITY/AGENCY, Post Office, and local businesses to accommodate special deliveries as maybe required. 8. Equipment: CONSULTANT shall maintain all equipment used to provide Contract Services in a safe and clean manner, and in good operation condition and appearance. 9. Waste Management & Clean-up: Maintaining and promoting a clean, safe and attractive environment in Downtown Huntington Beach is an important City objective. Therefore, CONSULTANT shall make all necessary provisions for waste management and clean-up of all areas directly impacted by the Farmer's Market and Street Fair. CONSULTANT shall provide a minimum of three portable toilets, preferably upscale, and include at least one ADA accessible unit. During the hours of the Farmer's Market and Street Fair, CONSULTANT shall assign staff to maintain a safe, clean and sanitary environment within the Franchise Area and adjacent areas. At the completion of each Farmer's Market and Street Fair event, the closed Main Street area and adjacent areas, including but not limited to public right-of-way, private property and public and private parking facilities shall be left in a clean condition. jmp/contracts group/exA/2/27/07 EXHIBIT "A" C. CITY'S/AGENCY'S DUTIES AND RESPONSIBILITIES: 1. Provide, erect and take down all required Barricades to close streets as required from approximately 2:00 PM 2. Provide 2 hours of free parking in the city's main parking structure 3. Provide additional Police foot patrols (typically two officers) during the street events 4. Cooperate as much as possible to help ensure the success of these activities 5. Provide for on -and off street locations for portable toilets, with water hook- up. 6. Secure special events and City Council approval to host the temporary Tuesday night events. 7. Collaborate with selected vendor, Downtown BID to successfully implement Trial Program. 8. Market events through local cable and printed materials D. WORK PROGRAM/PROJECT SCHEDULE: This is a temporary, trial program of Main Street closure, covering the period March 6, 2006 to May 22, 2006, unless extended by mutual written approval by both parties. In accordance with the Council Action taken on November 20, 2006, the CITYWAGENCY's Downtown Economic Development Council Members reserve the right to terminate the trial program should it be determined that the trial program is creating a significant negative impact to the Downtown. jmp/contracts group/exA2/27/07 S 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/AGENCY or as otherwise arranged with CITY/AGENCY. 2. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth herein in accordance with the following fee schedule: The total cost the farmer's market operation and live entertainment as described in EXHIBIT "A" shall not exceed $60,000 for the entire weekly trial program occurring March 6 through May 22, 2007. The CONSULTANT shall provide an invoice after each show, on a weekly basis, and shall not exceed more than $5,000 per event. Farmer's Market Operation per week: Farmer's market, vendors, additional toilets, bounce house: $4,500 Live entertainment, musical and non-musical acts: $500 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY /AGENCY rejects or has comments on any such product, CITY/AGENCY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY/AGENCY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY/AGENCY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY/AGENCY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY/AGENCY. Such approval shall not be unreasonably withheld. If CITY/AGENCY does not approve an invoice, CITY/AGENCY shall notify CONSULTANT in writing of the reasons for non - approval and the schedule of performance set forth in Exhibit "A" may at the option of jmp/contracts group/exB-1/2/27/07 I EXHIBIT B Alternative #1 CITY/AGENCY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY/AGENCY shall be invoiced separately to CITY/AGENCY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY/AGENCY if the work performed is in accordance with the extra work or additional services requested, and if CITY/AGENCY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. jmp/contracts group/exB-1/2/27/07 2 EXHIBIT B Alternative #1 I ACORDFAMIL-3 0O1 07_ CERTIFICATE OF LIABILITY INSURANCE OP ID L °ATE3/01/07 - PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Supple -Merrill & Driscoll Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . 0. Box 2408 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91102 Phone:626-795-9921 Fax:626-577-6656 (INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Essex Insurance 5 Company______ INSURER B: Family Festival Productions INSURERC: 129 E. Colorado Blvd. #116 INSURERD: Monrovia CA 91016 INSURER E: 'OVERAGES J 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. 119SR P. LIMITS LTR PNSR TYPE OF INSURANCE POLICY NUMBER f DATECTN DATA (MMOMI GENERAL LIABILITY EACH OCCURRENCE S 10 0 0 000 A X X COMMERCIAL GENERAL LIABILITY 2CJ0600 03/01/07 I 03/01/08 PREMISES.�nce) , a 50r000 CLAIMS MADE ® OCCUR MED FxP (Any one person) PERSONAL & ADV INJURY s EXCLUDED S.1000000 GENERAL AGGREGATE b 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ INCLUDED X POLICY PELT LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS AUTOS 5 MESCHEDULED TO BODILY INJURY (perpe aon) 5 HIREDAUTOSR Mc RAT 1},' `) ttOIiIG Y BODILY INJURY (Per accident) s NON -OWNED AUTOS , PROPERTY DAMAGE S (Per accident) s GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S { OTHER THAN EA ACC S ANY AUTO 1 AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR El CLAIMS MADE i AGGREGATE $ !S I i DEDUCTIBLE S RETENTION aWORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT ANY PROPRIETORIPARTNER/EXECUTIVE S OFFICER/MEMBER EXCLUDED? E-L. DISEASE - EA EMPLOYE $ It yes, describe under E.L. DISEASE - POLICY LIMIT S SPECIAL PROVISIONS below OTHER I DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES ARE AN ADDITIONAL INSURED, WITH RESPECT TO THE INSUREDS FESTIVALS. f`C0T1O1,•A1rC Unr nrs - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION RISK MANAGEMENT DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN ATTN: R THE CI OF NAGINGTON BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 2000 MAIN ST . IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR HUNTINGTON BEACH CA 92648 REPRESENTATIVES. Au I r'u D E TATNE Thomas .. ACORD 25 (2001/08) © ACORD CORPORATION 1988 �D_ CERTIFICATE OF LIABILITY INSURANCE OP ID L DATE(MMIDD,YYYY) FAMIL-3 03 02 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Supple -Merrill & Driscoll Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . 0. Box 2408 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91102 Phone:626-795-9921 Fax:626-577-6656 INSURERS AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURERS: Mercury CasualtyCO. Family Festival Productions INSURERC: 129 E. Colorado Blvd. #116 Monrovia CA 91016 INSURERD: - INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMEM, 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLI Y EFFE OMITS DATE MM/DD DATE MM/D GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea occurence 5 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I X OCCUR MED EXP (Any one person) $ $ PERSONAL & ADV INJURY S GENERAL AGGREGATE GIRL AGGREGATE LIMIT APPLIES PER: $ PRODUCTS - COMPIOP AGG POLICY j� LOC _ B AUTOMOBILE LIABILITY ANY AUTO AC11035750 03/01/07 03/01/08 COMBINED SINGLE LIMIT $IOOOOOO 1 (Fa accident) ALL OWNED AUTOS SCHEDULED AUTOS _ ✓��'� BODILY INJURY S (Per person) X X HIRED AUTOS NON-0OWNED JENNIFER McG TH, City AM me y BODILY INJURY (Per accident) S i PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG EXCESSNMBREUA_LLOW ITY EACH OCCURRENCE S OCCUR U CLAIMS MADE AP ED AS FQ Ag ( AGGREGATE _ S _ DEDUCTIBLE RETENTION $ JE IFER CC�RATH, Ci i rrom�7 Y S - S S WORKERS COMPENSATION AND TORY LIMITSTATUS ER I EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE i S E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE $ OFFICEWMEMBER EXCLUDED? If describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAI PROVISIONS THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES ARE AN ADDITIONAL INSURED, WITH RESPECT TO THE INSUREDS FESTIVALS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN THE CITY OF HUNTINGTON BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ATTN: RISK MANAGEMENT 2000 MAIN ST . IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER, fi3 AGENTS OR HUNTINGTON BEACH CA 92648 REPR ENTATIVES. 17 AUTHO ED AnVE IThoma ACORD 25 (2001/03) 0 ACORD CORPORATION 1988 ESSEX INSURANCE COMPANY IIaRKEt ADDITIONAL INSURED ENDORSEMENT " Entry optiotW if shown in the Common Policy Declarations. If no entry is shown, the 9ffealve date of the endoisament is the same as the effeC&D date of the Policy "ATTACHED TO AND FORMING *EFFECTIVE DATE "ISSUED TO PART OF POLICY P10. OF ENDORSEI+tENT 2CJ0600•..• - FAMILY FESTIVAL PRODUCTIONS, INC. / —0 THIS ENDORSEMENT CHANGES THE POLICY. SECTION II -WHO IS AN INSURED of the Commercial Geperai Uability Form is amended to include: THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES as an additional insured under this policy, but only as respects negligent acts or omissions of the Named Insured and only for occurrences, maims or coverage not otherwise excluded in the policy. It Is further agreed fl where no coverage shall apply herein for the Named Insured, no coverage nor defense shall be afforded to the above -identified additional insured. Moreover, it is agreed that no coverage shall be afforded to the above -identified additional insured for any "bodily Injury," 'personal injury,' or "property damage" to any employee of the Named Insured or to any obligation of the additional insured to indemnity another because of damages arising out of such injury. Additional Premium: M/E-009 (4/99) AUTHORIZED REPRESENTATIVE DATE CERTHOLDER COPY SC STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02-26-2007 GROUP: POLICY NUMBER: 1697673-2006 CERTIFICATE ID: 5 CERTIFICATE EXPIRES:07-01-2007 07-01-2006/07-01-2007 THE CITY OF HUNTINGTON BEACH SC RISK MANAGEMENT 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms. exclusions, and conditions, of such policy. THORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: S1,000,000 PER OCCURRENCE. ENDORSEMENT M1901 - DAVID GAYMAN - EXCLUDED. ENDORSEMENT #1901 - MARIA GAYMAN - EXCLUDED. ENDORSEMENT 11901 - TONY BANUELOS - EXCLUDED. ENDORSEMENT M2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER FAMILY FESTIVAL PRODUCTIONS, INC AND/OR JAKES ROADHOUSE LLC 129 E COLORADO BL 116 MONROVIA CA 91016 Z ED AS O FO MTr-G H4omey 3o� 5/ , IB 10,SC] IREV.2-05) PRINTED : 02-26-2007 1. Date: 2. Department: CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 2/27/2007 Economic Development 3. Requested by: Nova Punongbayan 4. Name of consultant: Family Fun Festivals, Inc. 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form. attached 6. Amount of the contract: $60,000 7. Are sufficient funds available to fund this contract?' ® Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ❑ Yes ® No (PIM SG: A94CIWd C tftil 46+1M IV20106) 9. Company number and object code where funds are budgeted: W5eioo2. , vgso5 10. Is this contract less than $50,000? ❑ Yes ® No 11. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 12. Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). attached 15. Attach proposed scope of work. attached 16. Attach proposed payment schedule. attached RI HARD AMADRIL, Manager Purchasing/Central Services 1. If the answer to this question is "No," the contract will require approval from the City Council. Farmers Market REP Mailing List Steven Crossen 8304 Limonite Ave., Ste M Riverside, CA 92509 951.271.0669 (cell) Family Festival Productions, Inc Dave Gayman, President 129 East Colorado Blvd. Monrovia, CA 91016 626.357.7442 Orange County Farm Bureau Kathy Nakase, Executive Director 13042 Old Myford Road Irvine CA 92620 714.573.0374