HomeMy WebLinkAboutAdopt Resolution No. 2016-65 approving an additional $5 dail Dept.ID CS 16-025 Page 1 of 3
Meeting Date: 10/3/2016
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/3/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Janeen Laudenback, Director of Community Services
SUBJECT: Adopt Resolution No. 2016-65 approving an additional $5 daily parking
surcharge on October 22 - 23, 2016, bringing the cost of parking from $15 to $25
on October 21, and from $15 to $30 on October 22 and 23, and deferring
payment of 75% of event fees until 30 days after the event for the inaugural
Breitling Huntington Beach Air Show. — z��r�[Lc•��a� Gam-
Statement of Issue:
In an effort to position the Breitling Huntington Beach Air Show to become a premier aviation event
in Huntington Beach, the City Council is requested to adopt Resolution No. 2016-65 approving an
additional $5 daily parking surcharge on October 22 - 23, 2016, bringing the cost of parking from
$15 to $25 on October 21, and from $15 to $30 on October 22 and 23, and deferring payment of
75% of event fees until 30 days after the event for the inaugural Breitling Huntington Beach Air
Show.
Financial Impact:
A parking fee increase of an additional $5.00 per vehicle is proposed at the South Beach lots, Pier
Plaza lots, and the Main Promenade Parking Structure (MPPS) on October 22 and 23, 2016. Staff
estimates that, together with the $10 surcharge approved by City Council on April 18, 2016, the
additional $5 would generate approximately $16,000 per day for a total of $32,000 in revenue plus
the estimated $96,000 increased revenue presented to City Council on April 18, 2016.
Recommended Action:
A) Approve an additional $5.00 surcharge to the daily parking rates for the Main Promenade
Parking Structure, south beach lots, and Pier Plaza lots for October 22 and 23, 2016, for the
inaugural year of the Breitling Huntington Beach Air Show; and,
B) Adopt Resolution 2016-65 "A Resolution of the City Council of the City of Huntington Beach
amending Resolution No. 2009-33 which established a citywide schedule for charges for
facility rentals and all supplemental resolutions thereto (Supplemental Fee Resolution No.
10)," for 2016 only to:
a. Temporarily increase parking rates at South Beach lots, Pier Plaza lots, and Main
Promenade Parking Structure on October 21 from $15 to $25 per day, and October 22
and 23 from $15 to $30 per day, as described in Exhibit A; and,
C) Authorize the Director of Community Services or her designee to deposit the additional
parking revenues collected and defined in Exhibit A of Resolution 2016-65 to the Fund 101
budget; and,
HB -179- Item 6. - 1
Dept.ID CS 16-025 Page 2 of 3
Meeting Date: 10/3/2016
D) To allow the City to better determine the actual cost of the Air Show event, as well as
parking revenues attributed to the event, authorize the Director of Community Services or
her designee to defer 75% of the fees due to the City until 30 days after the event.
Alternative Action(s):
Do not approve the deferment of fees outlined above or the additional parking revenue outlined in
Resolution 2016-65, and direct staff accordingly.
Analysis:
On April 18, 2016, City Council approved a three-year agreement between the City of Huntington
Beach and AirSupport LLC, to promote and manage the air show in Huntington City Beach, and
authorized staff to work with AirSupport LLC, to permit the air show through the Specific Event
permitting process. At the time, City Council also approved the waiver of $3,425 in Specific Event
fees, authorized the Finance Director to approve an increase of $194,915 in appropriations, and
$96,000 in projected revenues in the Specific Events Fund 101 in the FY 2016/17 budget, and
approved a $10.00 daily parking surcharge for the inaugural year.
The AirSupport Team has been working with the City's Specific Events Committee on the layout
and design of every aspect of the air show. The Specific Events Committee is well versed in
developing requirements for various complex events such as the US Open of Surfing and the
Fourth of July Celebration. The committee is comprised of representatives from City Departments,
including, but not limited to, Police, Fire, Community Services, and Public Works, as required per
Chapter 13.54 of the Huntington Beach Municipal Code.
All of the City's major events are approved through this interdepartmental Specific Event review
process. Because the cost to produce such a high profile event have increased substantially,
further analysis of the anticipated parking revenue was requested. Due to the scope of the
proposed event and potential overhead costs, Staff is seeking City Council approval of a parking
fee increase of an additional $5.00 per vehicle at the South Beach lots, Pier Plaza lots, and the
Main Promenade Parking Structure (MPPS) on October 22 and 23, and that these increased
revenues be deposited into Specific Events Fund 101.
Per Section 13.54 of the Municipal Code relating to Specific Events, all direct costs for the event,
including staffing and operational set-up/tear-down costs associated with the event day, should be
reimbursed by the event promoter. AirSupport LLC has agreed to cover all of the associated direct
costs for the 2016 Air Show. However, recent events, both locally and nationally, have increased
safety and security levels and costs from the preliminary analysis provided.
Preliminary analysis indicated that that the staffing costs for Police, Fire, Marine Safety and Beach
Operations for this two-day event will total approximately $194,915 as follows:
Department/Division Amount
Fire/EMS $61,225
Fire/Marine Safety $56,960
Police $73,405
Community Services/Beach Maintenance $3,325
Total (Estimated) $194,915
In addition to the preliminary costs outlined above, there are additional security requirements by
both the State of California and the City of Huntington Beach adding to the costs of producing a
premier Air Show event. For example, additional contracted security presence on City beach will
be required at a cost up to $70,000. In addition, the State of California has significant staffing
requirements for the event.
Item 6. - 2 HB -180-
Dept.ID CS 16-025 Page 3 of 3
Meeting Date: 10/3/2016
Because the costs to produce a high profile event are greater than outlined in the April 18, 2016
staff report (Attachment 2), a deferment of 75% of the event fees, as well as further analysis of
possible parking revenue, was requested. Using July Fourth weekend as a model, staff determined
that the market can bear rates that are comparable to that holiday weekend. Staff is recommending
a parking fee increase of an additional $5.00 per vehicle at the South Beach lots, Pier Plaza lots,
and the Main Promenade Parking Structure (MPPS) on October 22 and 23, 2016. Staff estimates
that this additional $5 would generate approximately $16,000 per day for a total of $32,000. This
$32,000 would be revenue in addition to the $96,000 increased revenue presented to City Council
on April 18, 2016.
The initial analysis for increased parking revenues for the Air Show weekend was conservative and
based on July Fourth comparables, assuming that the beach parking lots would be operating at full
capacity. Further analysis of October parking patterns from previous years has confirmed that
beach parking is largely weather driven and that revenue generation is typically quite low during
October.
Comparative analysis suggests that the Breitling Huntington Beach Air Show will draw visitors to
Huntington Beach in numbers that are equal to or higher than the Fourth of July Celebration
weekend. As a result, staff is anticipating beach parking lots to be completely full during the three-
day weekend. This also suggests that a great majority of the overall parking revenue collected for
the weekend of October 21, 22, and 23 can be directly attributed to the air show itself.
Numbers show that "non-event" three-day weekend in October would typically generate an average
of $40,000 in parking revenue for the City. Staff is hypothesizing that as a result of increased
parking demand for the Breitling Huntington Beach Air Show, all city beach parking lots will be
parked at capacity, thereby providing a significant financial benefit to the City as well.
Staff is, therefore, recommending that 75% of event fees due be deferred until 30 days after the
event and that the increased parking revenue collected during the weekend of October 21, 22, and
23, as outlined on Exhibit "A" of Resolution No. 2016-65, be deposited into Specific Events Fund
101. This show of support generated by the recommended City Council action will provide
AirSupport LLC, with additional leverage needed to pursue and secure event sponsors and partners
for future Air Show events.
Environmental Status:
Not applicable
Strategic Plan Goal:
Improve quality of life
Strengthen economic and financial sustainability
Attachment(s):
1. Resolution No. 2016-65 "A Resolution of the City Council of the City of Huntington Beach
amending Resolution No. 2009-33 which established a citywide schedule for charges for facility
rentals and all supplemental resolutions thereto (Supplemental fee Resolution No. 10)\
2. April 18, 2016 Staff Report
HB -181- Item 6. - 3
ATTAC
HMENT 1
RESOLUTION NO. 2016-65
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 2009-33
WHICH ESTABLISHED A CITYWIDE SCHEDULE FOR CHARGES FOR
FACILITY RENTALS AND ALL SUPPLEMENTAL RESOLUTIONS THERETO
(SUPPLEMENTAL FEE RESOLUTION NO. 10)
WHEREAS, on June 15,2009, Resolution No. 2009-33 was adopted, amending the
Citywide fee for public access and use of certain City property; and
The City Council desires to revise a portion of the Fee Resolution to temporarily
increase existing parking fees on October 21-23, 2016; and
Upon adoption of this Resolution, the fee listed in the "Proposed Changes" column
shall be in effect until October 23, 2016,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the new charges set forth in Exhibit "A" and adopted by this Resolution shall be
effective October 21-23, 2016, whereupon the previous charges shall continue in effect
thereafter. All other charges or fees set forth in Resolution No. 2009-33, as amended, shall
remain in effect.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3RD day of OCTOBER 016.
f
Mayor-,
REVI WED AND APPROVED: APPROVED AST FORM:
b
C ager Ci Attorney
INITIATE AND APPROVED:
Dir5xlqr o unity Services
1 6-5 460/1 44 720/28S EP2016/PDA
Exhibit "A"
Community Services — Facility Rentals and Recreational Service Charges
Fee Description Current Fees October 21 October 22 & 23
South Beach Attended Lots — $15.00 $25.00 $30.00
Daily Rates
Main Promenade Parking Hourly charge $25.00 $30.00
Structure with a
maximum of
daily rate of
$15.00
Pier Plaza Parking $15.00 $25.00 $30.00
Res. No. 2016-65
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at a Regular meeting thereof held on October 3, 2016 by the
following vote:
AYES: Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Posey
RECUSE: O'Connell
II
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT ?FZ
Dept ID CA 16-004 Page 1 of 3
Meeting Date 4/18/2016
7Z d
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 4/18/2016
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 a three-year agreement between the
City and AirSupport LLC to promote and manage the air show above
Huntington City Beach, authorize staff to work with AirSupport LLC to
permit the air show through the Specific Event permitting process and
approve waiver of$3,425 in Specific Event fees, authorize the Finance
Director to approve an increase in appropriations and projected revenues
cover staffing costs, and approve a $10 00 daily parking surcharge for the
inaugural year
Statement of Issue
The City of Huntington Beach was contacted by AirSupport LLC with a proposal to become an
open-air beach venue for a premier Air Show in the fall of 2016 The City of Huntington Beach, in
partnership with AirSupport LLC, has an outstanding opportunity to host an aviation event over the
coastal waters of Huntington Beach In an effort to position Huntington Beach to accommodate
such a high profile event, there is a need to approve a multi-year agreement with AirSupport LLC
(Attachment 1) for the production of the Surf City USA Air Show and to adjust select parking fees to
allow for City in-kind support for this event in its inaugural year
Financial Impact
Per Section 13 54 of the Municipal Code relating to Specific Events, all direct costs for the event,
including staffing and operational set-up/tear-down costs associated with the event day, should be
reimbursed by the event promoter AirSupport LLC has agreed to make an initial investment into
the inaugural year of this proposed annual event and has agreed to cover all of the associated
direct costs, including staff time and operational set-up/tear-down expenses for Police, Fire, Marine
Safety, and Beach Maintenance
Preliminary analysis indicates that the staffing costs for Police, Fire, Marine Safety and Beach
Operations for this two-day event will total approximately $194,915 as follows
Department/Division Amount
Fire/EMS $61,225
Fire/Marine Safety $56,960
Police $73,405
Community Services/Beach Maintenance $3,325
Total (Estimated) $194,915
Item 6. - 61 HB -184-
Dept ID CA 16-004 Page 2 of 3
Meeting Date 4/18/2016
In addition to these direct staffing costs, AirSupport LLC will also be required to pay all costs
associated for event support required by Huntington State Beach, County Harbor Patrol, US Coast
Guard as well as any other attributable costs These costs will be determined by the Individual
agencies and, if needed, the Specific Events process will be able to assist with the coordination of
service by these various agencies
In an effort to assist AirSupport LLC with some of the direct costs for the event, Staff is proposing
that a portion of these costs be covered through an increase to day-of-event parking rates by
$10 00 per vehicle at the south beach lots, Pier Plaza lots, and the Main Promenade Parking
Structure (MPPS) This would increase the daily parking rates in the south beach lots and Pier
Plaza to $25 00 and the MPPS daily rate to $27 00, as is currently done for the Fourth of July
celebration Staff estimates that this increase would generate approximately $32,000 per day in
additional revenue that could be earmarked to pay for a portion of the direct staffing costs itemized
above Assuming a two-day event, plus a full rehearsal the day before the event, the potential
parking revenue could be as much as $96,000, thereby reducing the estimated costs for direct City
services to be paid by AirSupport LLC from $194,915 00 to $98,915 In addition to this in kind
support, AirSupport LLC is requesting that the City waive $3,425 in Specific Event application and
permit fees for the inaugural year of the Surf City USA Air Show
Recommended Action
A) Authorize the Mayor and City Clerk to execute a three-year"Agreement Between the City of
Huntington Beach and AirSupport LLC to Promote and Manage the Air Show in Huntington City
Beach," and,
B) Authorize staff to work with AirSupport LLC by appropriately permitting the Surf City USA Air
Show through the Specific Events permitting process, and,
C) Approve the City's support of the Surf City USA Air Show for 2016, and approve a $10 00
surcharge to the daily parking rates for the Main Promenade Parking Structure, south beach lots,
and Pier Plaza lots for the inaugural year, and,
D) Authorize staff to collect and deposit the day-of-event $10 00 surcharge into Fund 101, Specific
Events parking accounts to offset the various staffing costs that will be charged to this fund, and,
E) Approve the waiver of $3,425 in Specific Event application and permit fees for the inaugural
year of the Surf City USA Air Show, and,
F) Authorize the Finance Director to approve an increase of$194,915 in appropriations and
$96,000 in projected revenues in the FY16/17 budget, Fund 101 budget to cover Fire, Marine
Safety, Police, and Beach Maintenance staffing costs in their respective business units
Alternative Action(s)
Do not approve agreement and direct staff not to pursue a "Surf City USA Air Show"
Analysis
The City of Huntington Beach was contacted by AirSupport LLC to discuss the possibility of
becoming a venue for an air show in the fall of 2016 The attached proposal was provided
(Attachment 2) AirSupport LLC is a full-service air show and aviation event management,
planning, and production company Founded in 1,995, the company's primary mission is to provide
aviation event services that allow its customers to enjoy a professional, profitable, and safe air
show This event presents an outstanding opportunity for a premiere aviation experience over the
water in Huntington Beach Initial discussions with the AirSupport Team have generated a great
deal of interest, both from the air show community and local partners
HB -185- j Item 6. - 7
Dept ID CA 16-004 Page 3 of 3
Meeting Date 4/18/2016
The AirSupport Team draws on decades of combined experience and offers a wide range of
services including preliminary consultation, site selection and evaluation, show planning, and
complete on-site management They will work together to provide the City's Specific Events team
with Important Information about site availability, event logistics, crowd management, safety and
security They will also take the lead in the recruitment and acquisition of military demonstration
and static display aircraft to provide an Interesting and professional event line up
A well-organized and comprehensive layout strategy will be planned by the AirSupport Team, and
will provide for quality customer service, sponsorship, and event safety Site design Including
aircraft positioning and movement, placement of emergency services, vendor and sponsor location
and public parking will be presented through the Specific Events process The AirSupport Team
will also provide for staging and movement of aircraft before, during and after the air show as well
as assistance with selection of performers and other Industry professionals
The AirSupport Team has been working with the City's Specific Events Committee on the layout
and design of every aspect of the air show The Specific Events Committee is well versed in
developing requirements for various complex events such as the US Open of Surfing and the
Fourth of July Celebration The committee is comprised of representatives from City Departments,
including, but not limited to, Police, Fire, Community Services, and Public Works as required per
Chapter 13 54 of the Huntington Beach Municipal Code
All of the City's major events are approved through this interdepartmental Specific Event review
process However, due to the scope of the proposed event and potential overhead costs, Staff is
seeking City Council approval for the Agreement between the City of Huntington Beach and
AirSupport LLC as well as the authorization of parking surcharges
The show of support generated by the recommended City Council action will provide AirSupport
LLC with additional leverage needed to pursue and secure event sponsors and partners as well as
the direction needed to continue through the Specific Events Application process
Environmental Status
Not applicable
Strategic Plan Goal
Improve quality of life
Attachment(s)
1) Agreement between the City of Huntington Beach and AirSupport LLC to promote and manage
the air show above Huntington City Beach
2) AlrShow LLC Proposal
Item 6. - 8 3 FIB -186_
[ATTACHMENT # 1
Hq ix7 Item 6. - 9
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
AIRSUPPORT LLC TO PROMOTE AND MANAGE THE AIR SHOW IN
HUNTINGTON CITY BEACH
THIS AGREEMENT("Agreement") is made and entered Into b and between the City of
( g ) Y Y
Huntington Beach, a municipal corporation of the State of Califorma,hereinafter referred to as
"CITY," and AIRSUPPORT LLC, a New York limited liability company, hereinafter referred to
as "AirSupport LLC "
WHEREAS, CITY wishes to host a premier air show on the City's Beach (hereinafter
"EVENT"), and
AirSupport LLC has indicated its w111113gness to promote such EVENT and desires to
manage such EVENT on City's behalf, and
CITY will receive financial and other benefits from the EVENT and desires to continue
to conduct the EVENT for the years 2016, 2017, and 2018 and provides for an extension upon
mutual agreement, for an additional three(3) years and 2019, 2020, and 2021, 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 AirSupport LLC agree to the following terms and
conditions
1 AUTHORITY
AirSupport LLC shall conduct the EVENT on the weekend (Friday. Saturday, and
Sunday) of October 21-23, 2016, October 20-22, 2017 and October 19-21, 2018, (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
AirSupport LLC 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
ntnety (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 In addition to successfully obtalnmg a City of Huntington Beach Specific Event permit
each year,the promoter must also meet all requirements placed upon them by outside agencles
having logistical responsibility for the air show
2 PERMIT FEES AND DIRECT COSTS
a) All costs, fees 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
16-5133/132256 2 1
Item 6. - 10 I-113 -188_
costs, fire department permits and costs, public works costs for road
closure and traffic control plans, business license, parking and parking
lot use AirSupport LLC is responsible for paying all associated CITY costs
and fees 30 days m advance of the EVENT
b) The CITY will make every effort to notify AirSupport LLC of any
activity planned on or adjacent to the 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 2016 through 2018,
and shall remain in effect until November 1, 2018 This Agreement may be extended, upon
mutual agreement of the parties in writing, for an additional three year period, to include the
years 2019, 2020, and 2021
This Agreement may be terminated by either party 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 AirSupport LLC if
a) AirSupport LLC fails to comply with the conditions of approval for the
EVENT, or
b) AirSupport LLC 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, AirSupport LLC's performance is determined to be
below the standards consistent with the management of a first class
professional air show 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,
d) AirSupport LLC fails to meet all requirements placed upon them by
outside agencies that are impacted by the air show, and successful response
to community access Issues
4 EVENT LOCATION
The specific location of the EVENT, staging and parking will be vetted annually
through the Specific Events process through the terms of this Agreement AirSupport LLC 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 operation agreement Use of this area
is subject to review and approval by the State of California Department of Parks and Recreation
16-5133/132256 2 2
HB -189- Item 6. - 11
and subject to any and all conditions of the Operating Agreement between the State of California
and CITY
AirSupport LLC agrees and understands that the beach and parking facilities south of
Beach Boulevard and north of Seapoint Street are owned by the State of California Use of this
area is subject to review and approval by the State of California Department of Parks and
Recreation
5 EXCLUSIVITY
For the term of this Agreement the sole, exclusive and only recogmzed air show
on public property m CITY shall be conducted by AirSupport LLC
If AirSupport LLC 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 AirSupport LLC or from AirSupport LLC to the
Director of Community Services within the Acceptance Period shall be deemed rejected
6 EVENT PARKING
Taking into consideration other beach 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
AirSupport LLC 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 AirSupport LLC's performance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement by
AirSupport LLC, its officers, agents or employees except such loss or damage which was
caused by the sole negligence or willful misconduct of CITY AirSupport LLC will conduct all
defense at its sole cost and expense and CITY shall approve selection of AirSupport LLC'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 AirSupport LLC
8 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE
Pursuant to California Labor Code Section 1861, AirSupport LLC acknowledges
awareness of Section 3700 et seq of said Code, which requires every employer to be insured
against liability for workers' compensation, AirSupport LLC covenants that it will comply with
such provisions prior to commencing performance of the work hereunder
16-5133/132256_2 3
Item 6. - 12 HB -190-
Unless AirSupport LLC files with CITY an approved, signed Declaration of
Non-Employer Status, AirSupport LLC shall obtain and furnish to City workers'
compensation and employer's liability insurance in an amount of not less than the State
statutory limits
AirSupport LLC shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees
AirSupport LLC shall furnish to CITY a certificate of waiver of subrogation under the terms
of the workers' compensation and employer's liability insurance and AirSupport LLC shall
similarly require all subcontractors to waive subrogation.
9 INSURANCE
In addition to the workers' compensation and employer's liability insurance and
AirSupport LLC's covenant to defend, hold harmless and indemnify CITY, AirSupport LLC
shall obtain and furnish to CITY, a policy of general public liability insurance, including motor
vehicle coverage covering the EVENT This policy shall indemnify AirSupport LLC, 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 limit bodily injury and property damage; including
products/completed operations liability and blanket contractual liability, of Ten Million Dollars
(510,000,000) per occurrence If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than Ten Million
Dollars ($10.000,000) 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 AirSupport LLC'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
No later than 60 days before the start of each year's event, AirSupport LLC 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
16-5133/132256 2 4
xB -191- Item 6. - 13
AirSupport LLC 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 the AlrSupport LLC's defense, hold harmless and indemnification obligations as
set forth under this Agreement CITY or its representative shall at all times have the nght to
demand the original or a copy of all the policies of insurance AirSupport LLC shall pay, in
a prompt and timely manner, the premiums on all insurance hereinabove required
AirSupport LLC shall provide a separate copy of the additional insured
endorsement to each of AirSupport LLC'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
AirSupport LLC 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
Califorma Government Code
12 ASSIGNING AS BREACH
AirSupport LLC shall not encumber, assign or otherwise transfer this
Agreement, or any nght or interest in this Agreement, without the prior express written
consent of CITY A consent by CITY 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 wnting under this Agreement
shall be given either by personal delivery to AirSupport LLC 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 AirSupport LLC
City of Huntington Beach AirSupport LLC
Attn Janeen Laudenback Attn Michael C McCabe.
Director of Community Services President
2000 Main Street 6470 Powell Hill Road
Huntington Beach, CA 92648-2702 Naples,NY 14512
(714) 536-5292 (585) 393-9000
16-5133/132256 2 5
Item 6. - 14 HB -1921-
14 LEGAL SERVICES SUBCONTRACTING PROHIBITED
AirSupport LLC 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 AirSupport LLC 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
AirSupport LLC
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 nonprevailmg party
16 ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntanly 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,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
16-5133/132256_2 6
HB -193- Item 6. - 15
IN WITNESS WHEREOF, the parties hereto hav�p caused this Agreement to be executed by
and through their authorized officers on 2016
CONSULTANT; CITY OF HUNTINGTON BEACH,
COMMUNITY SERVICE PROGRAMS, a municipal corporation of the State of California
INC
print name Mayor
ITS (circle one) Chairman/President/Vice
President 4AOO)
City Clerk g241*0
AND
INITIATED AND APPROVED
By
print name Di r of Community Services
ITS (circle one) Secretary/Chief Financial
Officer/Asst Secretary - Treasurer
REVA D APPROVED
C144aga er
APPROVE O FO
Attorney
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16-5133/132256_2
i
Item 6. - 16 HB -1 94- !
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Item 6. - 18 - HB -196-
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Item 6. - 191
HB -197-
"HAT: Surf City USA Air Show
WHERE- Huntington Beach, CA (proposed left/east side of pier)
WHEN: Proposed Fall of 2016 or 2017
i
WHY* The public's long-standing and insatiable fascination with aviation attracts a broad
cross section of the consuming public for extended afternoons of safe, wholesome, I
I
affordable family entertainment, d
The proposed event wound serve to further showcase Huntington Beach's waterfront
and the new and existing development ent which is making Surf City USA a premier
resort destination.
HOW: AirSupport LLC is a full-service airshow and aviation event management, planning
and production company. Founded in 1995, the company's primary mission is to
provide professional aviation event services that produce profitable and safe
airshows and has done so with a significant history of success.
FOR DISCUSSION:
AirSupport LLC has been evaluating the feasiblity of presenting an over-water air show at.
Huntington Beach.
, Featured performers may include:
The U.S. Navy's Blue Angels or Air Force's Thunderbirds
Military Aircraft Demonstrations- single-ship demos such as the
Air Force F-22 Raptor or F-16 Viper, or the N vy's F-1 8 Super
Hornet, as well as other military participation, fly-bs, and
n$ demonstrations.
k 0 Parachute demonstration— Military, or civilian professional team
n . Civilian performers—individual performers and/or teams
• Warbirds and historic aircraft
Also being considered is a water show component which may include performers of local interest.
The AirSupport team believes that Huntington Beach and facilities surrounding it provide all
the essential elements needed to lost a world-class air slow. We would appreciate the
opportunity to share our vision of this proposed event with the niembers of the Huntington
Beach City Council and to address any questions or concerns.
irS�:�po�r L.L ='5 ) 3 -.= Tease visit us at i&,&w. jrS:$ c errs
-2015 Air-Support LLC
Item 6. - 20; HB -198-
i
i
i
ABOUT SUPS RT LLC
AirSupport LLC is a full-service airshow and aviation event management, planning
and production company. Founded in 1995, the company's primary mission is to
provide aviation event services that allow its customers to enjoy a professional,
profitable and safe airshow. The irSupport Teary draws on decades of combined
experience and offers a wide range of services including: preliminary consultation,
site selection and evaluation, show planning, public relations and media
management as well as complete on-site management. Some of the pinnacle
events AirSupport has assisted with include the 2007, 2005 Kennedy Space Center
World Space Expo airshow, the DAV Flight team (our 13`h year), the 2009
Indianapolis 550 Flyby; five groundbreaking flagship events for the U.S. Navy to
commemorate the War of 1812 and most recently the Culpeper Air Fest and their
award winning Potomac Flight over the shies of Washington D.C. honoring Disabled
American Veterans. For further information please visit vw. ir-upport com.
I
s
I
AirSupport LLC
6470 Powell Hill Road,Naples, NY 14512
www.airsupport.com
LIB -199- ItItem 6. - 21
............ ..
4/18/2016
STATEMENT OF ISSUE
The City
i
i
of • • Beach was contacted
by AirSupport LLC with a proposal to
become the venue for a premier Airshow in
the fall of r
There is a • toapprove multi-year
agreement ♦ • •• for the
production of the Huntington Beach Airshow
Adjust select parking fees to allow for City
in-kind support for - inaugural
year
1
Item 6. - 22 xB -200- re 3,em too,
4/18/2016
AirSumporte air
show and aviation event management
planningand production company,
Founded in 1995
aviationMISSION: To provide professional
++ # produce
rofitable and safe aviation events
The AirSupport Team offers a wide range
ofservices including:
Preliminary Consultation
Site Selection • # Evaluation
PlanningShow
Public Relations & Media Management
fn-site Manageme
HB -201- Item 6. - 23
CITYISTATE AIR BOX
The airshow/aerobatic
w u j r box is centered near
Beach Boulevard and
extends parallel of both
City and State Beaches
FEATURED PERFORMERS
M.
Featured performers may
include:
�. - Air Farce Thunderbirds
Br-eitling jet Team
• Military Demonstrations
. Parachute Demonstrations
Civilian performers
v
individuals and/or teams
War-birds & historic
aircraft
4/18/2016
' i ' � i i . i •"
Department/Division Amount
Fire/EMS $ 61,225
Fire/ Marine Safety $ 56,960
Police $ 73.405
Community Services/Beach Maintenance $ 3,325
Total (Estimated) $1943915
4
HB -203- Item 6. - 25
I
4/18/2016
PROPOSALBEACH PARKING
day-of-
event parking rates '1r 10.!' -
vehicle at the south beachlots, Plaza
lots, Promenade parking
Structure
Staff estimates that this increase would
generate _ • • $32,000 per sw
in additional revenue that could be
earmarked to pay for a portion of the
direct staffing costs
BREITLING
1884
Red BullOman
s
Item 6. - 26 fM -204-
. ' . City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ Nvvvw.huntingtonbeachca.gov
office of the City Clerk
Juan L. Flynn, City Clerk-
April 28, 2016
AirSupport LLC
ATTN: Michael C. McCabe, President
6470 Powell Hill Road
Naples, NY 14512
Dear Mr. McCabe:
Enclosed for your records is a copy of the fully executed "Agreement Between the City of
Huntington Beach and AirSupport LLC to Promote and Manage the Air Show in Huntington
Beach".
Sincerely,
Joan L. Flynn, CIVIC
City Clerk
JF:pe
Enclosure
Sister Cities: Anjo,Japan ♦ Waitakere,New Zealand
HB -205- Item 6. - 27