Loading...
HomeMy WebLinkAboutNational Professional Paintball League - 2014-03-17Dept. ID CS 14-003 Page 1 of 2 Meeting Date: 3/17/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 3/17/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of an agreement with National Professional Paintball League (NPPL) to conduct a paintball event in Huntington Beach Statement of Issue: Since 2003, National Professional Paintball League (NPPL) has been holding the National Professional Paintball League Surf City USA Open, a paintball competition, at Huntington City Beach. There is a need to generate a multi -year contract with NPPL to continue to provide, promote, and manage a successful paintball event in Huntington Beach and to allow the company to adequately plan for their future paintball events. Financial Impact: No cost to the General Fund. The NPPL will be responsible for all pertinent fees and staffing reimbursements required as part of the specific event process. Recommended Action: Approve and authorize the Mayor to execute "Agreement Between the City of Huntington Beach and National Professional Paintball League to Provide, Promote and Manage the National Professional Paintball League Tournament in Huntington City Beach." Alternative Action(s): Do not approve the agreement with NPPL and direct staff accordingly. Analysis: The City of Huntington Beach has hosted a paintball competition at the Huntington City Beach since 2003. The mission of NPPL is to continue to provide, promote, and manage the National Professional Paintball League Surf City Open held in the months of March or April. NPPL is requesting an agreement with the City of Huntington Beach to allow them to successfully market future events and to secure quality athletes to ensure that the National Professional Paintball League Surf City Open remains a quality event for the City. The multi -year agreement will also assure that the event will continue to be operated in Huntington Beach for the foreseeable future. The proposed agreement is intended to provide that assurance. The agreement is for three (3) years, 2014, 2015, and 2016, and provides for an extension upon mutual agreement, for an additional three (3) years, 2017, 2018, and 2019. As with all Huntington Beach specific events, the promoter will be responsible for all pertinent fees and event conditions as identified and determined through the specific events process. 11B -33477- Item 13. - 1 Dept. ID CS 14-003 Page 2 of 2 Meeting Date: 3/17/2014 The success of the National Professional Paintball League Surf City Open is important in identifying the City of Huntington Beach as a prime destination for tourism. Due to the City's easy access, consistent and fair weather, the prestige of our surf culture, our capability to accommodate large events, and the authenticity that comes with the title "Surf City USA", participants are likely to return year after year bringing more revenue to the hotels, restaurants, and local businesses. Environmental Status: Not applicable Strategic Plan Goal: Enhance quality of life Attachment(s): 1. "Agreement Between the City of Huntington Beach and National Professional Paintball League to Provide, Promote and Manage the National Professional Paintball League Tournament in Huntington City Beach" Item 13. - 2 HB -348- AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NATIONAL PROFESSIONAL PAINTBALL LEAGUE TO PROVIDE, PROMOTE AND MANAGE THE NATIONAL PROFESSIONAL PAINTBALL LEAGUE TOURNAMENT ON HUNTINGTON CITY BEACH THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and National Professional Paintball League, hereinafter referred to as "NPPL." WHEREAS, CITY wishes to host a paintball competition on the City's Beach (hereinafter "EVENT"); and NPPL has indicated its willingness to provide, promote, and manage such EVENT on City's behalf; and CITY will receive financial and other benefits from the EVENT and desires to conduct the EVENT for the years 2014, 2015, and 2016 and provides for an extension upon mutual agreement for an additional three (3) years and 2017, 2018 and 2019; and It is in the best interest of both parties to set forth the general terms and conditions which will be applicable to the EVENT, NOW, THEREFORE, CITY and NPPL agree to the following terms and conditions: 1. AUTHORITY NPPL shall conduct the EVENT on the weekend (Friday, Saturday and Sunday) of April 4-6, 2014; March 27-29, 2015 and April 8-10, 2016 (or a date mutually agreed to by the parties), using City's Beach as the EVENT site under the general terms and conditions contained in this Agreement. This Agreement is subject to Huntington Beach Municipal Code, Chapter 13.54 Specific Events, which requires among other things, for NPPL to apply for and process an annual permit for the EVENT. Application to the Specific Events Committee may be made at any time throughout the year, but not later than ninety (90) days prior to each year's EVENT. Specific guidelines and conditions, including specific location for each EVENT will be developed each year, depending upon alterations to the EVENT. 2. PERMIT FEES AND DIRECT COSTS a) All costs and conditions that apply to each year's EVENT will be determined at the time of review through the Specific Events Committee. These may include, but are not limited to, specific event permit fees, police costs, fire department permits and costs, public works costs for road closure and traffic control plans, business license, parking and parking lot use. NPPL is responsible for paying all associated CITY costs and fees thirty (30) days in advance of the EVENT. 14-4123/105263 b) The City will make every effort to notify NPPL of any activity planned on or adjacent to Huntington City Beach that may inhibit or otherwise disrupt the use of the Beach during the EVENT within three (3) months of the EVENT. 3. TERM; EXTENSION This Agreement shall apply to the EVENT for the years 2014 through 2016, and shall remain in effect until April 30, 2016. This Agreement may be extended, upon mutual agreement of the parties in writing, for an additional three-year period, to include the years 2017, 2018, and 2019. This Agreement may be terminated by either parry with eleven (11) months prior written notice to the other party, or within eleven (11) months of the next EVENT date if both parties mutually agree on conditions of termination. However, City may also terminate this Agreement upon thirty days prior written notice to NPPL if: a) NPPL fails to comply with the conditions of approval for the EVENT, or b) NPPL fails to pay assigned fees in advance of the event, as set forth each year by the Specific Events Committee, or c) After review by the Specific Events Committee and subsequent evaluation by the City Council, NPPL's performance is determined to be below the standards consistent with the management of a first class professional paintball event. Factors to be considered in any such determination may include, but are not limited to: compliance with the conditions of approval for the EVENT as set forth by the Specific Events Committee; timely payment of fees; compliance with all health and safety requirements; and successful response to community access issues. 4. EVENT LOCATION The specific location of EVENT, staging and parking will be vetted annually through the Specific Events process through the terms of this Agreement. NPPL agrees and understands that the Beach and parking facilities north of the pier are owned by the State of California and City operates this area under the terms of an Operating Agreement. Use of this area is subject to review and approval by the State of California Department of Parks and Recreation and subject to any and all conditions of the Operating Agreement between the State of California and City. 5. EXCLUSIVITY City reserves the right to conduct other paintball events and productions in the City, however, for the term of this Agreement the sole, exclusive and only recognized paintball competition on public property in City shall be the National Professional Paintball League. If NPPL or City desires to conduct additional event(s), either party shall have ten (10) calendar days (the "Acceptance Period") to accept or reject the offer. Any offer not accepted by written notice to NPPL or from NPPL to the Director of Community Services within the Acceptance Period shall be deemed rejected. 14-4123/105263 2 6. EVENT PARKING Taking into consideration other park uses and programs, City will make available use of certain parking lots and areas within the City Beach lots, including the Huntington City Beach for EVENT parking. Specific lots, fees, and areas will be determined as part of the annual Specific Event process. 7. HOLD HARMLESS NPPL shall protect, defend, indemnify and save 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 NPPL's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by NPPL, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. NPPL will conduct all defense at its sole cost and expense and City shall approve selection of NPPL'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 NPPL. 8. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, NPPL acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; NPPL covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Unless NPPL files with City an approved, signed Declaration of Non -Employer Status, NPPL shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. NPPL shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. NPPL shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and NPPL shall similarly require all subcontractors to waive subrogation. 9. INSURANCE In addition to the workers' compensation and employer's liability insurance and NPPL's covenant to defend, hold harmless and indemnify CITY, NPPL shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the EVENT. This policy shall indemnify NPPL, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the EVENT, and shall provide coverage in not less than the following amount: combined single 144123/105263 3 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 EVENT. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the EVENT shall be deemed excess coverage and that NPPL'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, NPPL shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: a) provide the name and policy number of each carrier and policy; b) state that the policy is currently in force; and c) promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City. NPPL 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 NPPL's defense, hold harmless and indemnification obligations as set forth under this, Agreement. City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. NPPL shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. NPPL shall provide a separate copy of the additional insured endorsement to each of NPPL's insurance policies, naming City, 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. CITY EMPLOYEES AND OFFICIALS 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. 12. ASSIGNING AS BREACH NPPL shall not encumber, assign or otherwise transfer this Agreement, or any right or interest in this Agreement, without the prior express written consent of City. A consent by City 14-4123/105263 4 to one assignment or transfer to another person or entity shall not be deemed to be a consent to any subsequent assignment or transfer to another person or entity. Any encumbrance, assignment or transfer, without the prior written consent of City, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of City, terminate this Agreement. 13. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to NPPL or to City's Director of Community Services 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 NPPL: City of Huntington Beach National Professional Paintball League ATTN: Janeen Laudenback, ATTN: Chuck Hendsch, Chief Operation Officer Director of Community Services 15552 Graham Street 2000 Main Street Huntington Beach, CA 92649-1609 Huntington Beach, CA 92648-2702 (619) 227-9128 (714) 536-5292 14. LEGAL SERVICES SUBCONTRACTING PROHIBITED NPPL 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. NNPL 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 NPPL. 15. 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 parry. 16. 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 14-4123/105263 any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, if any, 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on m4R 6y- /r-p/ 2013.4 NATION ROFESSIONAL PAIN L L GUE By: print name ITS: (circle one) Chairm residen ice President LAND By: print name ITS: (circle one Secret Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIA D AND APPROVED: Dirc yptrommunity Services APPROVED AS TO FORM: r � Cit f Attorney 'IJ � i a. 14-4123/105263 6 �l ® CERTIFICATE OF LIABILITY INSURANCE 3/29/2013) CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES .NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed, if SUBROGATION IS WANED; subject to the terms and conditions of the policy, certain policies may require an endorsement. A statemenfon this Certificate does not confer rights to the certificate holder In lieu -of such endomement(s). PRODUCERCONTACT INSURANCE NAME: COss=� J 4YSVaYaN`iC+ PH NE (864) 688--0121 FAX NC No:(864) 688-0138 PO BOX 188 . C JL Ext Simpsonville, SC 29681 ADOREss;larry@cossioinsurance.com INSURER(S) AFFORDING COVERAGE NAtce INSURER A: LexinCtton insurance Company INSURED Major League Painthall LLC I INSURER 8 ;'state Natlonai insurance Qotapany r ER Unsteci States dare Ineuranae ompany dk3a NPPL INSURER C 15552 Graham. Ave INSURERD: Huntington Beach, CA 92649 INSURERE: (619) 227-9128 INSURER F : COVERAGES CFRTIFIrATF NIIMRFR• RFVISION NUMBER, I THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE WSR WVG POLICY NUMBER MMIDD/YYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 f 000 1 000 PREMISES Ea dbcvrrenca $__ 000 X COMMERCIAL. GENERAL LIABILITY i CLAIMS -MADE EX I OCCUR MED EXP(Any one person) +100, $ e EXC'ludeid PERSONAL & ADV INJURY $ 1 r000,000 A 011255790-028 4/1/2013 411/2014 X GENERAL AGGREGATE $ 3 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP`AGG $. 3,000,000 X I POLICY 7 PRO- JED Loc Deductible $ None ' AUTOMOBILE LIABILITY Ea sodden t $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO CAVX9-0O2272 3/26/2019 3/26/2p14 BODILY INJURY (Per accident) $ B ALL OWNED SCHEDULED AUTOS X AUTOS PROPEIM Per accident $ NON -OWNED X HIRED AUTOS X AUTOS $ UMBRELLA LWB OCCUR EACH OCCURRENCE $, AGGREGATE $ EXCESS LtAB CLAIMSWADE TVY D AS' T � DED RETENTION $ .$ 1 I WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIMCUTIVE } 8 f }}yyjj '^''Cw' �� ` T CSTATTS' ET �� OFF,EXCLUDED? N/A .A ? +q� � ' . �' S..a_`_`� E.L. EACH ACCIDENT $ ---• £.L DISEASE -.EA EMPLOYE $ I (Mantlatoly In NR) � A ' t ' rrtl. _ t„ 11 yes, describe untlerr DESCRIPTION OF OPERATIONS below j E.L, DISEASE -POLICY LIMIT $ Mad Max $50,000 I C Accident Medical US098196 4/1/2013 4/1/2014 Deductible $0 DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Painthall Promotor Operations located at 15552 Graham Avenue, Huntington Beach, CA 92649. Certificate holder is named as additional insured. Painthall activities on. 4/12/2013 to 4/14/2013 located at Huntington Beach Pier Plaza. T City of Huntington Beach SHC It's officers, elected or appointed THE Officials, employees, agents or ACC Volunteers 2000 Main Street AUTHOI Huntington Beach, CA 92648 c: E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PpATE. THEREOF, NOTICE WILL BE DELIVERED 1N fiHE POLICY PROVISIONS. 1988-20kTO ACORD CO ACORD25(2010/05) The ACORD name and log© are registered s of ACORD reserved. POLICY NUMBER: 01127316 (Endt *4) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL S., LESSEES, R CONTRACTORS - 'RM _ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS, OFFICERS, EMPLOYEES, AND VOLUNTEERS. 2000 MAIN STREET HUNTINGTON BEACH, CA 92648-2702 FOR THE FOLLOWING EVENT: PAINTBALL ACTIVITIES HELD 4112M 3 to 4114/13 AT HUNTINGTON BEACH PIER PLAZA WITH RESPECT TO MEMBER ORGANIZATION: MAJOR LEAGUE PAINTBALL LLC DBA NPPL 15662 GRAHAM AVE HUNTINGTON BEACH, CA 92649 (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 work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13 ENDORSEMENT # 4 THIS ENDORSEMENT EFFECTIVE: 04/12/2013 AT 12:01 AM FORMS APART OF POLICY NO.: 011227316 ISSUED TO: PAL SPORTS GROUP AND ITS MEMBER ORGANIZATIONS BY CERTIFICATE BY: NEW HAMPSHIRE INSURANCE COMPANY IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS HEREBY AGREED AND UNDERSTOOD THAT FORM CG 2010 11/85 "ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS — (FORM B) IS ADDED PER THE ATTACHED IN FAVOR OF THE FOLLOWING: CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS, OFFICERS, EMPLOYEES, AND VOLUNTEERS. 2000 MAIN STREET HUNTINGTON BEACH, CA 92648.2702 FOR THE FOLLOWING EVENT: PAINTBALL ACTIVITIES HELD 4112113 to 4114/13 AT HUNTINGTON BEACH PIER PLAZA WITH RESPECT TO MEMBER ORGANIZATION: MAJOR LEAGUE PAINTBALL LLC DBA NPPL 16662 GRAHAM AVE HUNTINGTON BEACH, CA 92649 ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. �01 Authorized Representative or Countersignature CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 Declaration of Non -Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. if you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, 1 shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any ernployee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company Name: t l v`L 1-�1, 0r G{ V1 L Address: — a _ : Applicant Applio Title: Date Signed: Telephone Number: (0, t S 7 Z -7 q 1 ?, ' City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk March 20, 2014 National Professional Paintball League ATTN: Chuck Hendsch, Chief Operation Officer 15552 Graham St. Huntington Beach, CA 92649-1609 Dear Mr. Hendsch: Enclosed for your records is a copy of "Agreement Between the City of Huntington Beach and National Professional Paintball League to Provide Promote and Manage the National. Professional Paintball League Tournament on Huntington City Beach." Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand