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HomeMy WebLinkAboutStacey Hoffer - 2018-10-01 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND STACEY HOFFER FOR FOURTH OF JULY CELEBRATION EVENT CONSULTING SERVICES 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 STACEY HOFFER, an individual, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide consulting services for the FOURTH OF JULY CELEBRATION EVENT; and pursuant to documentation on file in the office of the City Clerk, the provisions of Huntington beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services to produce CITY's Fourth of July Parade and related events as described in Exhibit A. The specific tasks include coordinating the 4th of July Parade, Surf City Run, Festival at the Pier and the Firework Show. To complete these tasks, the CONSULTANT shall facilitate contracts with service providers and the CITY, solicit sponsorships, provide marketing, fundraising and coordinating logistics related to the above events on the Fourth of July. All requests for participation in the Fourth of July Parade and related events must be presented to the Fourth of July Executive Board by June 1 of each year. The decisions of the Board related to 18-7046/191509 participation shall be final. These services shall sometimes hereinafter be referred to as the "PROJECT." 2. CITY STAFF ASSISTANCE CONSULTANT shall report directly to the City Manager or his/her designee of CITY in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on October 1, 2 0 18 (the "Commencement Date"). This Agreement shall automatically terminate on September 3 0, 2 0 2 0, unless extended or sooner terminated as provided herein. Upon mutual agreement of the parties, this Agreement may be extended for an additional period of one (1) year. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis as further specified in Exhibit B attached hereto. The total fee, including all costs and expenses, shall not exceed Fifty thousand Dollars ($50,000.00) annually. 18-7046/191509 5. EXTRA WORK In the event CITY requires additional services not included contemplated in this Agreement, CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. Reserved. 7. Reserved. 8. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 9. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. Either party may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice to the other party, whether or not the PROJECT is fully complete. Any termination of this Agreement shall be made in writing, notice of which shall be delivered as provided herein. In the event of termination, all finished and unfinished documents or reports etc. shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 18-7046/191509 10. 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, other than volunteer members of CITY's Fourth of July Executive Board, without the prior express written consent of CITY. Ifan assignment, delegation or subcontract is approved, all approved assignees, delegates and sub consultants must satisfy the requirements of this Agreement. ] L COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 12. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 13. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT or agent or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the 18-7046/191509 other party via personal delivery, a reputable overnight carrier or U. S. certified mail- return receipt requested: TO CITY: TO CONSULTANT: ATTN: City Manager Stacey Hoffer 2000 Main Street 4612 Minuet Drive City of Huntington Beach Huntington Beach, CA 92649 Huntington Beach, CA 92648 14. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 15. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 16. 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. 17. 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 parry shall bear its own attorney's fees, such that the 18-7046/191509 prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 18. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 19. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 20. 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. 18-7046/191509 21. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. STACEY NEWTON HOFFER, CITY OF HUNTINGTON BEACH, an individual a municipal corporation of the State of California Stacey Hof City M ag9MC Pursuant to 3.03.100 APPROVED AS TO FORM: ity Attorney M A/ DATE: 1) 121 1 U 10 Receive and File City Clerk 18-7046/191509 INSERT EXHIBIT A- STACEY HOFFER SCOPE OF WORK 18-7046/191509 EXHIBIT"A" Stacey Hoffer 4612 Minuet Drive, Huntington Beach, CA (714) 580-7428 staceee7@aol.com Huntington Beach 4th of July Celebration Event Two Year Proposal with the option to extend Two Years Stacey Hoffer, in collaboration with the City of Huntington Beach and 4th of July Board, will be responsible for the following areas required to produce the Huntington Beach 4th of July Celebration: • Attend planning meetings with the 4th of July Board and City Staff, as needed. • Responsible for the following areas: o Parade ■ Develop scope of work for RFP ■ Develop application ■ Qualification of applicants ■ Processing approved applicants ■ Solicit bands/entertainment ■ Develop parade line up ■ Develop and distribute parade script ■ Oversee formation and disbanding o Run ■ Oversee the Run contractor ■ Oversee budget ■ Oversee shirt order ■ Oversee logistics o Fireworks ■ Develop scope of work for RFP ■ Oversee that all City requirements are completed ■ Develop and approve music o Festival ■ Develop Application • Qualification of applicants ■ Processing approved applicants ■ Oversee logistics o Merchandise ■ Develop scope of work for RFP ■ Develop theme and logo ■ Manage Order o Sponsors ■ Develop sponsor packages/comps ■ Solicit potential sponsors ■ Fulfill sponsor packages o Budget ■ Develop a working event budget ■ Track and monitor expenditures to ensure budget stays on track ■ Provide all quotes and invoices to Community Services Department for processing and payment o Logistics ■ Develop logistic requirements ■ Oversee Board Member ■ Work with City Departments on logistics o Home Decorating Contest ■ Develop contest themes ■ Design awards ■ Solicit sponsors o VIPs ■ Develop parade titles ■ Develop potential talent list o Volunteers ■ Organize and assign volunteers to appropriate event areas ■ Oversee volunteer check-in booth ■ Communicate with Board Member regarding volunteer specifics ■ Stock volunteer/staff shirts o Entertainment ■ Assist with obtaining talent for the showmobile entertainment ■ Solicit bands/groups for showmobile ■ Solicit potential sponsors o Lake Park Pancake Breakfast ■ Oversee non-profit group hosting breakfast ■ Develop sponsor opportunities within event o Public Relations ■ Develop Pre-event/Event Media Contacts ■ Oversee press releases/packets/social media ■ Solicitation of event photographers, as needed ■ Solicitation of parade announcers ■ Coordinate event information for announcers • Oversee Board Members to make sure their teams have completed tasks • Work with City Staff regarding logistical planning 2019 and 2020 proposal amount of$50,000 to include: 1. Event Director Service Fee: $50,000 per year a. $4,166.66 per month Stacey Hoffer Signature & Date City Signature & Date EXHIBIT "B" Payment Schedule A. Flat Rate CONSULTANT'S fees for such services shall be billed in a monthly flat rate as set forth below. B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done in monthly increments not to exceed $4,166.66, and matched to an appropriate breakdown of the time that was taken to perform that work. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case or matter. 3. Reserved. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the general services performed; and C) Show the total amount of the payment due; Upon submission of any such invoice, if the City Manager is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, the City Manager shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by the City Manager. Such approval shall not be unreasonably withheld. If the City Manager does not approve an invoice, the City Manager 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 the City Manager 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 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 18-7046/191509 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. 18-7046/191509 CITY OF HUNTINGTON BEACH Professional Service Approval Form PART Date. 10/25/2018 Project Manager Name. Chris Cole Requested by Name if different from Project Manager: Elaine Kuhnke Department: Community Services PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART/ MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: To plan, cooridinate, and implement the City's 41h of July Celebration. 2) Estimated cost of the services being sought: $ 100,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No MpG�it�9 - i�l 0*1h Fiscab5ervices Manager Signature (Purchasing Approval) Da 6) Amount, Business Unit(8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 18-19 19-20 20445803.69365 $50000 $50000 $ $ $ $ $ $ $ $ $ $ , �! 11 Budget Approval D to Department Head Signature(s) Dale hief Finan Kal Pfficer Signature 15ate bro,nev, &4tA- d lo' tr rL V Assistant City Manager's Signature D to APPROVE DE it anager's Signature Date prof services approval -part i REV: February 2015 - CITY OF HUNTINGTON BEACH Professional Service Approval Form ` J»x PART 11 Date: 10/25/2018 Project Manager: Chris Cole 1 9 Requested by Name if different from Project Manager: Elaine Kuhnke Department: Community Services PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Stacey Hoffer 2) Contract Number: CMS (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $100,000 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 18-19 19-20 20445803.69365 $50,000 $50,000 $ $ $ $ $ $ 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 6) 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 the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Department Head Dat Fiscal Services Manager(Purchasing) Date MOLIM -o%0ir✓D�/-� 1 lk BuVtManz er proval Signature Date Chief Financial Offr6er(or designee) Signature bate prof services approval- part ii .doc PROFESSIONAL SERVICES FISCAL YEAR 2018/19 Community Services Current PSA Balance: $145,000 Impact to Future Years Date Descri tion Amount Notes FY 19I20 1 FY 20121 FY 21122 Design/Environmental/Architectural! 7/1/2018 Engineering,and other consulting and 195,000 professional services. Total PSA $ 195,000 Total Contract Date Descri tion I Amount Value Notes FY 19120 1 FY 20121 FY 21/22 10/25/2018 Stacey Hoffer-July 4th Event Director 50,000 100,000 July 4th Fund-Acct No 20445803.69365 50 000 Total Value $ 50,000 Balance $ 145,000 List of Proposers for 4th of July Celebration Event 1. Stacey Hoffer 714-580-7428 staceeee7@aol.com 2. Event Fusion 714-337-9176 SurfCity2@verizon.net 3. Dante Giuliano 949-285-5156 Oes.dante@gmail.com event fusion cae n-eesernac 'vECWu:e ex_:.ec. October 12, 2018 Mr. Chris Cole City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Chris, I am pleased to provide you with my proposal for the 2019 Huntington Beach 4a'of July Celebration! Scope of Services Event Fusion will provide the following services related to the 2019 Huntington Beach 4`h of July Celebration: • Work with the 4 h of July Board and City Staff to define goals,budget, tasks, and metrics for the event • Work with all involved to share vision,plan,responsibilities, and goals • Attend planning meetings with the 4th of July Board and City Staff, as needed. • Assist and provide updates on the following: Parade • RFP, application, qualification of applicants,processing, line up, script, formation and disbanding Run • RFP, work with Run contractor on budget, shirt order and logistics Fireworks • RFP, work with Pyrotechnic contractor on music and logistics Festival • Application, qualification,processing, logistics Merchandise • Work with printer on logo, order Sponsors • Assist Board on sponsor package development and obtaining sponsors Budget • Work with the City and Board approved budget Logistics • Work with City Staff on logistics Home Decorating Contest VIPs • Assist with obtaining talent for parade Volunteers • Recruiting and assigning tasks Entertainment • Assist with obtaining talent for the showmobile entertainment Lake Park Pancake Breakfast • Work with the non-profit group hosting breakfast Media(TV,Radio & Social) • Work with local media outlets,maintain website and social media Marketing • Work with PR firm to get important information out to the public • Work with the Board Members on completing their specific tasks • Work with City Staff regarding logistical planning Timing The engagement timing is from October 31,2018 through July 15, 2019. Fees and Billing Consulting/Project Management fee is $57,000. Confidentiality During our work,we will have access to confidential and proprietary information about each other and our business. Each of us will use,disclose,duplicate, and reproduce such confidential and proprietary information only to the extent required to perform our obligations to each other or as required by law or legal process, and each of us will take such precautions to preserve the confidentiality or each other's information as we use to protect our own confidential information. No such information will be deemed confidential if it was previously known to the other party, becomes public information, or is disclosed to third parties without restriction by the owner of the information. Thank you for the opportunity to bid on this amazing, fun, and patriotic project where our community shines! Sincerely, Jodi McKay Event Fusion SurfCitv2(&,v_erizon.net 714-337-9176 Dante Giuliano 6082 Ivory Circle Huntington Beach,CA 92647 949.285,5156 Oes.dante@gmail.con 4th of July Parade July 4,2019 Based on the scope of work provided and my personal knowledge of the Huntington Beach 4th of July Parade and Celebration, I believe that this project will take nearly all of the remaining time between now and the 4th to plan and execute. This is a major event for the city and it has national recognition so it is not to be taken lightly,and if I were chosen to manage this project, I would want every opportunity to make it the best it can be,as well as maintaining a safe and community friendly event. I believe that this project will take a minimum of$60,000 based on the time that will be invested and the amount of professional staff that will be needed. As a long time resident of Huntington Beach,and a veteran event planner and producer, I understand the importance and tradition of our Independence Day celebration and would be honored to be a part of it. th 2019 Huntington Beach 4 of July Celebration Scope of Work The company that is selected to produce the 2019 Huntington Beach 4th of July Celebration is expected to execute the following tasks: • Attend planning meetings with the 4t" of July Board and City Staff, as needed. • Assist and provide updates on the following: Parade RFP, application, qualification of applicants, processing, line up, script, formation and disbanding Run RFP, work with Run contractor on budget, shirt order and logistics Fireworks RFP, work with Pyrotechnic contractor on music and logistics Festival Application, qualification, processing, logistics Merchandise Work with printer on logo, order Sponsors Assist Board on sponsor package development and obtaining sponsors Budget Work with the City and Board approved budget Logistics Work with City Staff on logistics Home Decorating Contest VIPs Assist with obtaining talent for parade Volunteers Recruiting and assigning tasks Entertainment Assist with obtaining talent for the showmobile entertainment Lake Park Pancake Breakfast Work with the non-profit group hosting breakfast Media (TV, Radio & Social) Work with local media outlets, maintain website and social media Marketing Work with PR firm to get important information out to the public Work with the Board Members on completing their specific tasks • Work with City Staff regarding logistical planning