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HomeMy WebLinkAboutSpectrum Sports Management, Inc. - 2011-08-08 MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITE' OF HUNTINGTON BEACH AND SPECTRUM SPORTS MANAGEMENT, INC. FOR MANAGEMENT AND OPERATION OF TH FOURTH OF JULY SURF CITE'RUN THIS AGREEMENT ("Agreement") is made and entered into this S day of U�^f" 2011 by and between the City of Huntington Beach a municipal corpSfation of the State of California, hereinafter called "City," and Spectrum Sports Management, Inc., a California corporation hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of sports event management and marketing. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor 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." Contractor 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 Contractor in the performance of this Agreement. 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, 9of9 I1-3003/68222 shall not exceed Thirty Thousand ($30,000) per year for a total not to exceed contract amount of Ninety Thousand Dollars ($90,000) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit `B." 4. 'Perm Time is of the essence of this Agreement. The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3)years from the commencement date, unless terminated earlier in accordance with the provisions of this Agreement. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 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," Contractor 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. Disposition of Plans, Estimates and Other Documents Contractor 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 Contractor 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.. 7. Hold Harmless Contractor 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, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly 9of9 11-3003/68222 employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor'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 a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, 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/Service. 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 Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention. Any deductible in excess of$5,000 must be approved by City. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive 9of9 11-3003/68222 liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage in excess of$1,000 without the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor 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. state that the policy is currently in force; and c. 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. Contractor 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 Contractor'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. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor 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. Contractor 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 Contractor 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. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor 9 of 9 11-3003/68222 compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor 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. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor'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 below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications 9of9 11-3003/68222 will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: To Contractor: City of Huntington Beach Mike Bone, President Attn: Laurie Frymire Spectrum Sports Management 2000 Main Street 2058 North Mills Avenue, Suite 454 Huntington Beach, CA 92648 Claremont, CA 91711 19. 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 transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. 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. 22. 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. 23. 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 9of9 11-3003/68222 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. 24. Immigration Contractor 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. 25. Legal Services Subcontracting Prohibited Contractor 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. Contractor 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 Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction -Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 9of9 11-3003/68222 29. Professional Licenses Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. 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. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. 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 City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) 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. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 9of9 11-3003/68222 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. SPECTRUM SPORTS MANAGEMENT, CITY OF HUNTINGTON BEACH, a INC. municipal corporation of the State of California By: �—° Mike Bone, President it nager AND By: ! `V1/lA L " APPROVED AS TO FORM: Bonnie Bone, Secretary i City Attorney 0160 `11Zo1 tl 9of9 11-3003/68222 EXHIBIT "B" Payment Schedule 1. CONTRACTOR shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules: A) Base Fee: A base fee for each year of the agreement of$21,000. B) A per participant bonus of$2.50 for every participant above 3,500 per runner each year of the contract. C) Commission: A twenty percent (20%) commission for all sponsorship sales, recruited, signed and serviced by Contractor during the term of this Agreement. The same commission shall be applied to both run/walk sponsors and general Celebration Sponsors that are recruited and signed by Contractor at the direction and approval of City. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by Contractor 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. Contractor shall submit to City an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of Contractor's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if City is satisfied that Contractor 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 Contractor 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 Contractor 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. 68269 EXHIBIT B EXHIBIT "A" SCOPE OF SERVICES CITY OF HUNTINGTON BEACH SURF CITY RUN (66` ity") I. "SPECTRUM SPORTS MANAGEMENT LLC" will provide the following services for the Surf City Run, scheduled for the 4th of July. • Develop a process design and timeline acceptable to the City of Huntington Beach Community Services Department and 4th of July Board to achieve the outcome specified below: Produces a race that covers all costs with race revenue. • Plan and oversee implementation of the Surf City Run event (More detailed information is described below) • Work with the City's Community Services Department and 4th of July Board to coordinate logistics and other details entailed in implementation of the event, as agreed upon by both parties. • Provide facilitation of the event. • Provide and develop timeline acceptable to the City's Community Services Department and 4th of July Board for the Surf City Run including planning, outreach to the community, budget submissions, milestones, etc. • Provide a post-event report summarizing the consultants' observations, comments and recommendations, the process design, event activities, and implementation plans. The Consultant will present this report to the City's Community Services Department and 4th of July Board following the event at a debriefing meeting held in Huntington Beach. A. Plan and oversee implementation of the Surf City Run event: 1. Race Coordinator(Spectrum Sports) • Responsible for pre-event development and set-up. • Event coordination. • Provide bids and recommendations for purchasing of supplies. • Negotiate contracts and agreements with approval of the City's Community Services Department and 4th of July Board • Provide insurance per the City of Huntington Beach Risk Management. • Source and hire security. • Obtain necessary permits/maps/permission as agreed upon by both parties. ➢ Traffic Control Plan (as needed). ➢ Race Course Map ➢ Expo Area Map ➢ Restroom & Roll-Off Dumpster Placement Map. • Monitor and manage budget, as approved by the City's Community Services Department and 4th of July Board • Monitor supplies ordering. 2. Timing Recommend and retain a timing company that will provide the following: a. Timing • Calculated times for the run. • Ranks for runners • In addition to the above times, additional information that will appear on the final results: 1. Class place. 2. Overall place. 3. Bib Number. 4. Age. 5. Gender 6. Results will be organized by age categories or special category b. Finish Line Timing These results will contain the following information: • Class place. • Overall place. • Bib number. • Entrant name. • Age. • Sex. • Calculated finish time. • Results will be organized by age categories or special category 3. Sponsorship • Solicitation of sponsors. • Negotiate contracts and agreements with approval of the City's Community Services Department and 4th of July Board • In-kind product sponsors will only be considered sponsors if they reduce the budget expenses or with approval of the City's Community Services Department and 4th of July Board 4. Registration /Athlete Management a. Registration • Receive all registration directly from entrants via mail-in and on-line. • For online entries, all fees will be made payable to the "City of Huntington Beach, Surf City Run' and sent directly to the City of Huntington Beach Attn: Community Services Department, 4th of July Board, 2000 Main Street, Huntington Beach, CA 92648 • For mail-in entries received, all fees will be made payable to "Surf City Run / City of Huntington Beach". Entries will be sent to and processed by SPECTRUM SPORTS MANAGEMENT, LLC. Credit cards will be processed by SPECTRUM SPORTS MANAGEMENT, LLC and checks needing to be processed will be sent to the "City of Huntington Beach Community Services Department" each month. • Collect all declined credit cards and bad or cancelled checks. "SPECTRUM SPORTS MANAGEMENT LLC" will send a monthly report with all checks to the City of Huntington Beach. Address where checks should be sent is: City of Huntington Beach Community Services Department, 2000 Main Street, Huntington Beach, CA 92648. The report will specify the person's name, address, phone number, check number and amount paid with a total included. SPECTRUM SPORTS MANAGEMENT will also upload this information to the on line registration and at the conclusion of the race, provide an updated database with all of the particular information. "SPECTRUM SPORTS MANAGEMENT LLC" will handle all calls from entrants. Within two weeks following the event, Spectrum Sports Management LLC" will provide an email attachment with a complete list of entrants with full addresses in Excel format, for the City of Huntington Beach mailing list. b. Packet Pickup "SPECTRUM SPORTS MANAGEMENT LLC" will provide staff members for packet pickup before the race. These "SPECTRUM SPORTS MANAGEMENT" staff members will oversee pre-registration pickup and will handle all on-site registration and any registration issues or problems. • Provide adequate volunteers for registration pickup during packet pick- up periods. • Handle all athlete concerns with the assistance of the City of Huntington Beach. 5. Expo • Solicitation of Expo vendors, speakers, entertainers (sportswear, health professionals, sport equipment, food, etc.). • Set-up/Strike-down coordination. • Monitor business licenses/insurance/health codes. • Volunteer/Sales Coordinator. 6. Volunteer Management Assist the City of Huntington Beach and 4th of July Board with the following as negotiated: • Organize and assign volunteers to appropriate race area. • Oversee volunteer check-in booth. • Communicate with committee members regarding volunteer specifics. • Set-up and stock volunteer/staff refreshment area. 7. Public Relations Assist the City of Huntington Beach and 4th of July Board with the following as negotiated: a. Media Liaison • Assist with the Pre-event/Event Media Contact. • Assist with the Press release and packets. b. Photography • Solicitation of race photographer as needed. • Negotiate contract and agreement with approval of the City's Community Services Department and 4th of July Board as needed. c. Marketing • Establish marketing of event in all media with approval of the City of Huntington Beach Community Services Department and 4th of July Board. • Sponsorship marketing per agreements. d. Race Announcer • Solicitation of race announcer. • Coordinate race information for announcer. • Contract for sound system at finish line. • Negotiate contract and agreement with approval of the City's Community Services Department and 4th of July Board. 6. Awards Ceremony "SPECTRUM SPORTS MANAGEMENT" will provide the announcer with an awards printout (listing the top 3 only in each division) for the ceremony. "SPECTRUM SPORTS MANAGEMENT" will handle any protests/category changes at the awards ceremony. Award ceremony will take place at the conclusion of the event 0 Develop and coordinate awards ceremony (sound, awards, etc.). • Announce winners at awards ceremony. • Contract for sound system at stage. 9. Banner/Signage Management • Confirm supplies/signage etc. for finish line and surrounding areas. • Work with each section's coordinators on banner placements and esthetics. 10.Hospitality/Logistics Coordinator Assist the City of Huntington Beach and 4th of July Board with the following as negotiated: a. Athlete Finish Line Food • Coordination of hospitality volunteers. • Solicitation of and set-up of finish line food donations. • Work with Volunteer Coordinator on food for volunteers. • Confirm/Order supplies for hospitality area. • Hang and display banners once locations and sites are approved by the City of Huntington Beach and 4th of July Board. b. Trash Removal/Portable Restrooms • Coordinate volunteers for trash removal. • Order and confirm trash dumpster and boxes, and portable restrooms. • Coordinate and monitor supplies (bags, gloves, trash pickers, etc.). 11.Course Coordinator a. Confirm supplies for run course • Hang and display banners once locations and sites are approved by the City of Huntington Beach and 4th of July Board. • Coordinate fencing drop-off/pick-up. • Coordinate with traffic control company pre-race and event weekend • Patrol run course during race. • Coordinate run course volunteers. b. Course Vehicles Assist the City of Huntington Beach and 4th of July Board with the following as negotiated: • Assist with arranging for course vehicles. 12.Safety/Water Stations • Coordination and set-up/tear down course aid stations (water, minor first aid supplies) • Coordination and set-up/tear down Finish Line aid station (water, medical services) ➢ Medical personnel ➢ Water/Warm fluids ➢ Ice ➢ General medical supplies ➢ Communication person ➢ Assist with the coordination medical volunteers ➢ Confirm supplies and signage for medical ➢ Assist with the coordination of communications with fire paramedic ➢ Hang and display banners once locations and sites are approved by the City of Huntington Beach and 4t" of July Board 13. Obtain necessary permits/maps/permission as agreed upon by both parties. • Health Permit • Location for Packet Pick-up 14.Maintain Surf City Run Website • Post official finish times with complete results with all times by 6:00 pm on the day of the race. • Post confirmation list of all entrants, updated monthly once the first entry is received and weekly beginning in June. 15.Volunteer Management • Work with City Volunteer Coordinator. • Market volunteer program. B. Equipment "SPECTRUM SPORTS MANAGEMENT" will provide necessary equipment for the Surf City Run. C. Additional Specifications "SPECTRUM SPORTS MANAGEMENT" will submit proof of a valid City of Huntington Beach Business License, proof of Liability Insurance and proof of valid Worker's Compensation insurance (if"SPECTRUM SPORTS MANAGEMENT" employs staff as opposed to contractors). "SPECTRUM SPORTS MANAGEMENT" will attend event-planning meetings as agreed upon by both parties in the months prior to the event and debriefing meeting after the event. II. "The City of Huntington Beach" will provide the following services for the Surf City Run scheduled for July 4. 16.Payment processing • Forward credit cards and checks for mail-in entries each month when received by "SPECTRUM SPORTS MANAGEMENT". • Notify"SPECTRUM SPORTS MANAGEMENT" of all declined credit cards and bad or cancelled checks for them to collect. 17. Working Budget • Provide a working expense budget • Process all pre-approved invoices for payment submitted by SPECTRUM SPORTS MANAGEMENT. 18. Provide location for events • Provide a location to set up expo • Provide a secure run course 19. Accommodations • Provide limited hotel housing on July 3 for event and event crew as approved by the City of Huntington Beach and 4t" of July Board DATE ptl WDfM A ,. CERTIFICATE OF LIABILITYINSURANCE12 1 zL�l PRODUCER SArIW# 104308 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R M SVCS INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.®OX 9920 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CLAREWNT,CA 1"711-112D INSURERS AFFORDING COVERAGE NAIC# INSURED WSURER A: BURLINGTON INSURANCE COMPANY SPECTRUM SPORTS MANAGEMENT, LlC 1420 N.CLAREMONT BLVD.,SUITE 200C INSURER c: CLAREMONT,CA 91711 INSUIER D: u+ E: THE POLICIES OF IISURANVCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iP/DICATED.NOTWITHSTANDM ANY REMRREi'AEINT,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 POLKAS DESCRIBED HEREIN IS MWECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SOH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rtmcwmmmes PM= LfP1STii assmLL10"LITY EACH OCCURRENCE s 1.000000 A Y X ommocw cAmm I uAs m 181800OW 121'30/09 12MOU& oa oa $ 100,000 p OCCUR I z NE.DERP s 5000 PERSONAL s ADV nusM a 1,000,000 GE►EM AGCREGAM s 2,000,000 GENLAGCfMCATEUA9rAPPUESPBt PROOUMS-COMPAPAGG s INCLUDED X POLICY LOC maom RLE L VALffY s�rcILE LIASr AWAuro s ALL OVWIED AUTOS 1somyouiRy Scr�a,FD a HRED AUzos BODLYMURY a nONJOVO oAUrOS ev000dov DAMAGE s CIARPSEUPWIR rY AM ONLY-EAACCWN S AfNYMHO OTHERTHAN EA ACC s AurooN.Y. ace s LA U0JVJ I EACH OCCURRENCE s OCCUR [:]CIA M MAOE AGGREGATE s s DEIxxT�a e S F*lEINiIMN s ' a wvLo+ LIAmxrrY A►w ANY PR P CUWE EL EACH ACCIDENT S 4yes.dgsaibsun@er ELDSEASE-EA EMPLOYEE S SPECIALp bdm ELOSEAW-POULY S Old DEOCRPnMOFCPNkAnMKWATONOVEHCCLEMCLU=MADMBYENDORSEMOCOOPM&PROVOMM CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR. SPORT MARKETING&EVENT PRODUCTION. THE CRY OF HLMTINGTON BEACH,fTS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES.AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSLIRED. CERTN9CATE HOLDER CANCELLATION SHOLA.DAW OFTMCAIOVE DESCPMMPOLCa SE CANCEUMM3:ORE7WE)OWATM DATE THEREOF.THE R vwL EP�AVO2 TO MAfI PAYS V�71TtEN THE CITY OF HUNTINGTON BEACH,ITS OFFICERS, N0�TO�CE� ,TEKXM"ED TO7MLEFTAUTFWMTOD0SOSHALL ELECTED OR APPOIWED OFFICIALS,EMPLOYEES, AGENTS AND VOLUNTEERS. � A7a�e�Lv�moF Aoarl�tsT R.IrsAGENrs OR ATTN:RISK MANAGEMENT �A7" 2000 MAIN STREET '` TIeE HUNTINGTON BEACH,CA g2648 ACORD125(20MIM OACORD CORPORATION 1982 CERTPROS.FPS ANDERSON &MUNSON Geneml Change Endorsement 800 W.COLORADO BLVD,LOS ANGELES CA 323-25&2333, Producer Nwnber 049013E rl er N er: SU d Hans: KESSLER ALAIR INS.SlCS.,INC. Names, Burlington Insurance CwVany P.O.BOX 1120 Address: P O BOX 65756 CLAREMONT,CA 91711-1120 CHARLOTTE,NC 211265.0756 Insured Plumber: 95274 policy ffU : 181 13 besured Narne: SPECTRUM SPORTS MANAGEMENT,I.I.C. Policy Incgtbn Ole: 1203 Lol 2-- Addrow. M20 N CLARELO T BLVD STE 2MC Policy EW Irallon Dde: 12/30/ Zo t L CLAREM08It,CA 91711 rsamr•nt Plranbar: 1 Endorsement tie dve Date: 1203WIM Zo t Z E9edaresawnt Enelrallon Ode: 12fJQGW Z01 Z Processesd on: 01/211384+9 ZD L I In aocondance*tlla the terms and conditions of the above mentioned policy,the policy Is hereby amended as follows: Tmnsaation Reason: THE FOLLOWING ADDITIONAL INSURED IS HEREBY AMENDED TO READ PER FORM BGG370 Extended Reason: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 THIS ENDORSEMENT CHANGES HANG g�THEPOLICY. PL, SE READ IT CAREFULLY. ADDITIONAL. INSURED ® OWNERS, LE S ES OR CONTRACTORS (TENDER OF ANY LOSS TO OTHER AVAILABLE INSURANCE, AND EXCLUSION OF ERA PLOYEE INJURY) This endorsement modifies insurance provided under the following: COM Rt ERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement changes the policy effectiveon the inception date of the policy unless another date is indicated below. Endorsement Effective Attached to and forming a part of Policy Standard Time Endorsement Number Number mm I dd I ly 1 12:01 ISIB006644 12/30/ 2 DI Z 1 (The above information is required only vrhen this endorsement Is issued subsequent to preparation of the policy.) Authorized Representative Date SCHEDULE Name of Person or Organization: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 This endorsement is provided in consideration of an additional premium. Premium: 100 Exposure: Only the person or organization named Classification Code: 49950 Who Is An Insured (Section 11) is amended to This insurance does not apply to any "bodily include as an insured the person or organization injury' to: shown in the SCHEDULE, but only with respect a. An 'employee" of any insured, or a to liability arising out of your ongoing operations person hired to do work for or on behalf performed for that insured, including acts or of an omissions of the Additional Insured in connection Y insured or a tenant of any insured, that arises out of and in the course of: with the general supervision of such operations. Except as provided above, this insurance does m Empioyment by any insured; or not apply to any 'bodily injury," 'property damage" or "personal and advertising injury" (2) Performing duties related to the arising out of or resulting from the neglect or conduct of any insured s business; or negligence of the Additional Insured described in b. The spouse, child, parent, brother or this endorsement. sister of that "employee" as a con- The company willhave no dutyto defend any'suit" sequence of Paragraph a. above. which alleges neglect or negligence of the This exclusion applies', Additional Insured, If other valid and collectible insurance is available a. Whether an insured may be liable as an to the person or organization shown in the employer or in any other capacity; and SCHEDULE for a loss we cover under Coverage A b. To any obligation to share damages with or B of the Coverage Form to which this or repay someone else who must pay endorsement attaches, then the person or damages because of the injury. organization shown must also tender any toss to each such other insurance. Should such other These provisions and exclusions apply in addition insurance apply, then this insurance is excess to those contained in the Coverage Form. All of over any other such insurance. the provisions and exclusions of the policy that apply to LIABILITY COVERAGES also apply to this endorsement. Please he m*And do addMW kwnds and 1a papyri wil he nobTad he the evwt d . atlen. fans sm(14021