HomeMy WebLinkAboutConsideration of Options Regarding the Pier Plaza Art A-Fair f�P�QO✓�Ij S- /- /
City of Huntington Beach 1)k_L-C/-4572,9_-A�srAi�v)
File #: 21-625 MEETING DATE: 9/7/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Chris Slama, Director of Community & Library Services
Subject:
Consideration of Options Regarding the Pier Plaza Art A-Faire Events at Pier Plaza
Statement of Issue:
There is an ongoing need to offer quality programmed events and activities at Huntington Beach Pier
Plaza (Pier Plaza) and the downtown area throughout the year. Since the 1990s, the City has
facilitated a regularly scheduled craft fair in the City's downtown core as a way of providing increased
activation. More recently, in February 2009, the City approved an agreement with the City's existing
program operator, Pam Free (dba Pier Plaza Art A-Faire), to facilitate a downtown craft fair in Pier
Plaza. That agreement expired in 2012, and at this time, the City will need to either execute a new
promotional agreement with Pier Plaza Art A-Faire and / or conduct a competitive process through a
Request for Qualifications (RFQ) to identify a new operator.
Financial Impact:
Not applicable
Recommended Action:
A) Direct staff to continue working with Pier Plaza Art A-Faire and execute a new promotional
agreement for City Council's consideration; or,
B) Direct staff to issue an RFQ to identify the most qualified arts and craft fair operators and return to
City Council with a proposed operator and promotional agreement for consideration.
Alternative Actionts):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
In addition to many major annual and seasonal events that are held in Pier Plaza, the City has hosted
a craft fair in the downtown area since the 1990's. The operator of the downtown craft fair has been
Pam Free, DBA Pier Plaza Art A-Faire (Art A-Fair).
City of Huntington Beach Page 1 of 3 Printed on 9/1/22021
File #: 21-625 MEETING DATE: 9/7/2021
In July 2000, the City obtained a Conditional Use Permit (CUP) and Coastal Development Permit
(CDP) to officially move the arts and craft fair to Pier Plaza from its former location in the downtown
area (Attachment 1). The CUP and CDP outlined general conditions for the fair, including its weekly
reoccurrence. In February 2006, the City entered into a Promotional Agreement with Art A-Faire
(Attachment 2). In summary, the scope of services in the agreement permitted Art A-Faire to operate
an arts and crafts fair in accordance with the original CUP, including some key obligations in which
the Art A-Faire shall:
• Conduct outreach to identify artists who make hand made products who will diligently display
and sell their wares
• Provide on-site supervision, coordinate logistics including setup and take down, and clean the
event area
• Operate events on Fridays year-round, and Saturdays and/or Sundays at the request of the
City to compliment other City-sponsored activities
• Pay a user fee established by the City of 5100 per Friday and $200 per day for per Saturday or
per Sunday
In February 2009, City Council approved an extension of the agreement through February 2012
(Attachment 3), which included increasing the Friday user fee from $100 to $125 per day. Per the
City's Master Fee and Charges Schedule in 2009, day use charges for commercial type Specific
Events were $1 ,100 daily. The Promotional Agreement expired in 2012, while the City's CUP to
conduct arts and crafts fairs remains in place.
For the past nine (9) years, the terms, conditions, and fees for Art A-Faire have been honored by the
City in accordance with the agreement approved in 2009. Per the City's current Master Fee and
Charges Schedule, day use charges for commercial type Specific Events are $1,350 daily.
Art A-Faire programming has certainly benefitted the City by activating Pier Plaza when there would
typically be gaps in community friendly event scheduling. The fairs continue to provide a variety of
local artists a premier venue to display and sell their work, while appealing to local residents and
visitors alike. However, specific event fees have increased, and our events team has received
requests from several organizations to conduct similar events at Pier Plaza.
That said, there is a need to formalize once again an agreement with one or more craft fair operators
in order to continue to offer our residents and visitors with the value that this long standing event
brings to our residents, visitors, and businesses in the downtown area. Staff is recommending that
City Council consider two options to provide direction moving forward:
a) Direct staff to continue working with Art A-Faire and draft a new promotional agreement
for approval by the City Council. Potential deal points within a new agreement may
include new flat user fees, a profit sharing model, or both, or,
b) Direct staff to issue an RFQ to identify the most qualified, responsive and responsible
City of Huntington Beach Page 2 of 3 Printed on 9/l/2021
oowef Mq Leoistar-
File #: 21-625 MEETING DATE: 9/7/2021
arts and crafts fair operator(s), and return to City Council with a proposed operator and
agreement. City will seek proposals from qualified firms that are interested in operating
an open-air arts and crafts fair. The City invites any current operators, along with other
qualified firms to submit their qualifications. The City reserves the right to enter into an
agreement with one or more operators, based on City's needs and the qualifications of
the responding firms.
Should the City Council approve either of these options, staff will move forward accordingly and bring
back for approval an updated agreement to facilitate the operation and management of arts and
crafts fairs at Huntington Beach Pier Plaza. In the meantime, unless otherwise directed, staff will
continue working with Art A-Faire to schedule ongoing arts and crafts fair events to ensure continuity.
Environmental Status:
Not applicable.
Strateqic Plan Goal:
Community Engagement
Attachment(s):
1) Conditional Use Permit No. 00-28/ Coastal Development Permit No. 00-07 (Farmer's Market/
Crafts Faire at Pier Plaza)
2) Promotional Agreement between the City of Huntington Beach and Pam Free and Toni Groat,
DBA Pier Plaza Art A-Faire
3) Amendment No. 1 to Promotional Agreement between the City of Huntington Beach and Pam
Free and Toni Groat, DBA Pier Plaza Art A-Faire
City of Huntington Beach Page 3 of 3 Printed on 9/1/2021
oowerc450 Legistar"'
H'A
&I
Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648
NOTICE OF ACTION
July 14, 2000
City of Huntington Beach
Department of Economic Development
2000 Main Street
Huntington Beach, CA 92648
SUBJECT: CONDITIONAL USE PERMIT NO. 00-28/COASTAL DEVELOPMENT
PERMIT NO. 00-07 (Farmer's Market/Crafts Faire at Pier Plaza)
PROPERTY
OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
REQUEST: To permit the relocation of the Farmer's Market and Crafts Faire to Pier Plaza.
The event would be held weekly on every Friday from 1 1:00 AM to sunset.
LOCATION: 401 Pacific Coast Highway (Oceanside of PCH, north of the Municipal Pier)
DATE OF
ACTION: July 11, 2000
Your application was acted upon by the Planning Commission of the City of Huntington Beach
on July 11, 2000, and your request was Conditionally Approved. Attached to this letter are the
Findings and Conditions of Approval for this application.
Please be advised that the Planning Commission reviews the conceptual plan as a basic request
for entitlement of the use applied for and there may be additional requirements prior to
commencement of the project. It is recommended that you immediately pursue completion of
the conditions of approval and address all requirements of the Huntington Beach Zoning and
Subdivision Ordinance in order to expedite the processing/completion of your total application.
The conceptual plan should not be construed as a precise plan reflecting conformance to all
Zoning and Subdivision Ordinance requirements.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the Planning Commission becomes final at the expiration of the appeal period. A
person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within
ten calendar days of the date of the Planning Commission's action. The notice of appeal shall
include the name and address of the appellant, the decision being appealed, and the grounds for
the appeal; it shall also be accompanied by a filing fee. The appeal fee is $500.00 for a single
family dwelling property owner appealing the decision on his/her own property. The appeal fee
is $1,490.00 for all other appeals.
(OOCL711-6)
451
In your case, the last day for filing an appeal and paying the filing fee is July 21, 2000.
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any
application becomes null and void one (1) year after final approval, unless actual construction
has started.
If there are any further questions, please contact Wayne Carvalho, Associate Planner at
(714) 536-5271.
Sincerely,
Howard Zelefsky, Secretary
Planning Commission
by:
Herb Fauland
Senior Planner
xc. Property Owner
Attachment: Findings and Conditions of Approval
RECEIVED
,1,,+_ 17 2000
DEPARTMENT OF
(OOCL711-7) ECONOMIC DEUr,'U0P PN'(
452
FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 00-28/
COASTAL DEVELOPMENT PERMIT NO. 00-07
FINDINGS FOR PROTECTS EXEMPT FROM CEQA:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15304 of the CEQA Guidelines, because minor temporary use of
land having negligible or no permanent effects on the environment, including carnivals, sales of
Christmas trees, etc., are exempt from further environmental review.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 00-28:
1. Conditional Use Permit No. 00-28 for the relocation, maintenance and weekly operation of
the Farmers Market and Crafts Faire will not be detrimental to the general welfare of persons
working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood. With the conditions imposed, the operation of the
weekly event will not impact the surrounding businesses, residents, or beach related
activities,
2. The Farmers Market and Crafts Faire will be compatible with surrounding commercial,
residential, and beach related uses. The fair will occur on a weekly basis during typical retail
business hours and will not adversely impact the surrounding retail, restaurant, office and
residential uses.
3. The relocation of the Farmers Market and Crafts Faire will comply with the provisions of the
base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning
and Subdivision Ordinance. No variances are requested as part of this request.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Open Space-Shoreline on the subject
property. In addition, it is consistent with the following goals and policies of the General
Plan:
Policy LU 10.1.17 Require the inclusion of uses and elements that contribute
amenities for visitors, such as public activity areas and onsite recreational facilities.
Poles LU 14.1.3: Require that structures located in the City's parks and other open spaces
be designed to maintain the environmental character in which they are located.
Policy 9.5.1.2: Protect encourage and where feasible provide a variety of recreation
facilities which provide opportunities for all income groups.
Policy 9.5.2.5: Protect, encourage, and where feasible provide visitor serving facilities in
the coastal zone which are varied in type and price.
The market and crafts faire encourages residents and visitors to the downtown, and provides
for variety in the recreational opportunities in and around the Municipal Pier area. The
weekly event consists only of temporary structures which are removed upon completion of
the event.
(ooCta 11-8)
453
FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 00-07:
1. Coastal Development Permit No. 00-07 for the relocation of the Farmers Market and Crafts
Faire, conforms with the plans, policies, requirements and standards of the Huntington Beach
Coastal Element of the General Plan,
2. Coastal Development Permit No. 00-07 is consistent with the requirements of the CZ
Overlay District, the base zoning district, as well as other applicable provisions of the
Municipal Code. The temporary use does not involve the construction of permanent
structures. Minimum aisle widths will be provided; no variances to development standards
are requested.
3. At the time of occupancy the proposed development can be provided with infrastructure in a
manner that is consistent with the Local Coastal Program. All infrastructure exists for the
proposed market that is consistent with the Huntington Beach Coastal Element and Coastal
Land Use Plan of the General Plan.
4. The relocation of the market conforms with the public access and public recreation policies
of Chapter 3 of the California Coastal Act. All public access will remain to the beach and
pier area.
CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 00-28/COASTAL
DEVELOPMENT PERMIT NO. 00-07:
1. The site plan, floor plans, and elevations received and dated May 1, 2000 shall be the
conceptually approved layout.
2. Prior to each event, the parking spaces to be utilized for the market shall be clearly posted
and signed for Temporary No Parking. (P W)
3. During the event, the following shall be complied with:
a. Hours of operation shall be limited to Fridays between 7:00 AM to 9:00 PM.
b. Provide police or parking enforcement patrols to eliminate parking violations.
c. All standsibooths shall be self-supporting units; no nails, stakes, holes shall be permitted
in parking lot or pavers.
d. The height of temporary structures shall not exceed ten (10) feet.
e. All vendors shall make appropriate arrangements for collection of refuse and the clean up
of the site after closure of the event.
f. If lighting is proposed, an electrical lighting plan shall be submitted and approved by the
Fire Department, and Building and Safety Department. All outside lighting shall be
directed to prevent "spillage" onto adjacent properties.
g. Emergency access shall be maintained in the aisle. (PW)
(OOCL711-9)
454
h. No access shall be taken from the intersection of PCH and Main St. (PW)
i. Public Works Inspection/Survey will be conducted to ensure integrity and identify any
damage in writing to the applicant.
4. The event may be operated in conjunction with other events at Pier Plaza. Other major
events approved by specific events permit take precedent over the weekly event, and may
require the occasional cancellation of the event.
5. The Planning Director shall be notified in writing if any changes to the market are proposed.
No changes shall be made until the Planning Department has reviewed and approved the
changes. The Planning Department reserves the fight to require that an amendment to the
original entitlement be processed if the proposed changes are of a substantial nature.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
I. Conditional Use Permit No. 00-28 and Coastal Development Permit No. 00-07 shall not
become effective until the ten working day appeal period has elapsed. For projects in the
appealable area of the coastal zone, there is an additional ten working day appeal period
that commences when the California Coastal Commission receives the City's notification of
final action.
2. Conditional Use Permit No. 00-28 and Coastal Development Permit No. 00-07 shall
become null and void unless exercised within one year of the date of final approval which is
July 11, 2001, or such extension of time as may be granted by the Planning Director
pursuant to a written request is submitted to the Planning Department a minimum 30 days
prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 00-28
and Coastal Development Permit No. 00-07, pursuant to a public hearing for revocation, if
any violation of these conditions or the Huntington Beach Zoning and Subdivision
Ordinance or Municipal Code occurs.
4. All applicable fees from the Building and Safety, Public Works, and Fire Departments shall
be paid prior to the issuance of Building Permits.
5. The development shall comply with all applicable provisions of the Municipal Code,
Building and Safety Department, and Fire Department as well as applicable local, State and
Federal Fire Codes, Ordinances, and standards, except as noted herein.
6. The applicant shall submit a check in the amount of$38.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the
County of Orange and submitted to the Planting Department within two (2) days of the
Planning Commission's action.
(OOCL71 I-10)
455
P uPvI o o 0 0
0 0 ` Qa
-- -------------_ LL
LL
1- o �
O b�
�0
7Z E r c
I
E �1
L
1 1
i
1 I
1 i..
1 I ..4-
o'
0.
n1
I I I I
1 I
I I I
I 1 r
® d '
�-uP Vlxl• ��� 3 Y _�
a
456
PROMOTIONAL AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
PAM FREE AND TONI GROAT DBA PIER PLAZA
ART A-FAIRE FOR PROMOTION AND
MANAGEMENT OF THE ARTS AND CRAFTS FAIR
AT HUNTINGTON BEACH PIER PLAZA
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 Pam Free and Toni Groat individuals dba PIER PLAZA ART A-FAIRE hereinafter
collectively referred to as "CONSULTANT "
WHEREAS CITY desires to engage the services of a consultant to provide ongoing
promotion and management services for the Arts and Crags Fair at Huntington Beach Pier Plaza
and
Pursuant to documentation on file in the office of the City Clerk the provisions of the
Huntington Beach Municipal Code Chapter 3 03 relating to procurement of professional service
contracts have been complied with and
CONSULTANT has been selected to perform these services
NOW, THEREFORE it is agreed by CITY and CONSULTANT as follows
I SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference These services shall
sometimes hereinafter be referred to as the "PROJECT "
CONSULTANT hereby designates Pam Free and Toni Groat who shall represent it
and be its contact and agent in all consultations with CITY during the performance of this
Agreement
1 05 Agree Ms and Cmils rail
RLS 2005 [is
457
i
2 CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the j
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 immediately upon approval of this Agreement by the City Council of CITY (the
"Commencement Date") This Agreement shall automatically terminate three (3) years from the
Commencement Date unless extended or sooner terminated as provided herein The time for
performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This
schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONSULTANT
4 COMPENSATION
In consideration of the performance of the services described herein
CONSULTANT agrees to pay CITY a user fee as set forth in Exhibit `A
5 EXTENSION OF TERM
Upon mutual consent of the parties this Agreement may be extended for an
additional three (3) year period The City Administrator is hereby delegated the authority to
consent to such extension on behalf of CITY
6 RESERVED
7 DISPOSITION OF PLANS, ESTTMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder including
without limitation all original drawings designs reports both field and office notices calculations
computer code language data or programs maps, memoranda letters and other documents shall
belong to CITY and CONSULTANT shall turn these materials over to CITY upon expiration or
2
05 Ay{cc Arts and Crnlls PA.
RLS 2005 118
458
termination of this Agreement or upon PROJECT completion whichever shall occur first These I
materials may be used by CITY as it sees fit
8 HOLD HARMLESS
CONSULTANT 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 (Including
without limitation costs and fees of litigation of every nature or liability of any kind or nature)
arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors If any)
negligent performance of this Agreement or its failure to comply with any of its obligations
contained In this Agreement by CONSULTANT Its officers, agents or employees except such loss
or damage which was caused by the sole negligence or willful misconduct of CITY
CONSULTANT will conduct all defense at Its sole cost and expense and CITY shall approve
selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable The policy limits do not act as
limitation upon the amount of indemnification to be provided by CONSULTANT
9 WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE
Pursuant to California Labor Code Section 1861 CONSULTANT acknowledges
awareness of Section 3700 et seq of this Code which requires every employer to be insured against
liability for workers' compensation CONSULTANT covenants that It will comply with such
provisions prior to commencing performance of the work hereunder
CONSULTANT shall obtain and furnish to City workers compensation and
employer's liability insurance in an amount of not less than the State statutory limits
CONSULTANT shall require all subcontractors to provide such workers
compensation and employer's liability insurance for all of the subcontractors' employees
3
05 Agmc Ana and Cnaa feu
R1S 2005 1 I R
459
CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the
workers compensation and employer's liability insurance and CONSULTANT shall similarly
require all subcontractors to waive subrogation
10 INSURANCE
In addition to the workers compensation and employer's liability insurance and
CONSULTANT's covenant to defend hold harmless and indemnify CITY CONSULTANT shall
obtain and furnish to CITY a policy of general public liability insurance including motor vehicle
coverage covering the PROJECT This policy shall indemnify CONSULTANT its officers
employees and agents while acting within the scope of their duties against any and all claims
arising out or in connection with the PROJECT and shall provide coverage in not less than the
following amount combined single limit bodily injury and property damage including
products/completed operations liability and blanket contractual liability of One Million Dollars
($1 000 000) per occurrence If coverage is provided under a form which includes a designated
general aggregate limit the aggregate limit must be no less than One Million Dollars ($1 000 000)
for this PROJECT This policy shall name 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 shall be deemed excess
coverage and that CONSULTANT's insurance shall be primary
Under no circumstances shall said above-mentioned insurance contain a self-insured
retention or a deductible or any other similar form of limitation on the required coverage
I I CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder CONSULTANT 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
4
05 Agrce Am and Crans Fav
RLS 2005 118
460
i
i
I provide the name and policy number of each carrier and policy
2 state that the policy is currently in force and
3 promise to provide that such policies will not be canceled or modified without thirty
(30) days prior wntien notice of CITY
CONSULTANT 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 CONSULTANT's defense hold harmless and indemnification obligations as set forth
under this Agreement CITY or Its representative shall at all times have the right to demand the
original or a copy of all the policies of insurance CONSULTANT shall pay In a prompt and
timely manner the premiums on all Insurance herelnabove required
CONSULTANT shall provide a separate copy of the additional insured endorsement
to each of CONSULTANT'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
12 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
5
05 Agrcc Ans and Crafts Hir
RLS 7005 118
461
13 `1'ERMTNATION OF AGREEMENT I
All work required hereunder shall be performed in a good and workmanlike manner
f
CITY may terminate CONSULTANT's services hereunder at any time with or without cause and
whether or not the PROJECT is fully complete Any termination of this Agreement by CITY shall
be made in writing notice of which shall be delivered to CONSULTANT as provided herein to the
event of termination all finished and unfinished documents exhibits report and evidence shall at
the option of CITY become its property and shall be promptly delivered to it by CONSULTANT
14 ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY If an assignment delegation or subcontract is approved all
approved assignees delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 heremabove
15 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
16 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
17 NOTICES
Any notices certificates or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent (as designated in Section I heremabove) or to CITY as
6
05 AOrcc Ares and CmN Fair
RL4 2005 1 I R
462
i
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
1
other communications will be sent by notifying the other party via personal delivery a reputable
overnight tamer or U S certified mail-return receipt requested
TO CITY TO CONSULTANT
City of Huntington Beach Pam Free
ATTN Director of Economic Development 16381 Forest hills Lane
2000 Main Street Huntington Beach CA 92649
Huntington Beach CA 92648 and
Tom Groat
7242 Ilavenrock Drive
Huntington Beach CA 92648 .30616 i
18 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
19 MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties
20 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
7
05 Agma Ans and Crafts Fw
RLS 2005 118
463
21 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
22 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
23 IMMIGRATION
CONSULTANT shall be responsible for full compliance with the Immigration and
naturalization laws of the United States and shall in particular comply with the provisions of the
Lhumd.SrareirCode regarding employment verification
S
05 Agcc laic and Cnilc Fav
RIR 2005 119
464
24 LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT 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 CONSULTANT 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
CONSULTANT
25 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 nonprevailrng party
26 SURVIVAL
Terms and conditions of this Agreement which by their sense and context survive
the expiration or termination of this Agreement shall so survive
27 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California
28 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 ut this
9
osAU« An m,[C. ray.
a1S 2005 119
465
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 enure agreement between the
parties respecting the subject matter of this Agreement and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by
and through their authorized officers on EE QU,L 4/LTr/_,�/. 20,06
CITY OF HUNTINGTON BEACH
(a a municipal corporation ofthd State of California'
,
Pam
Freea individual
GranW an individual Mayor \-
G�oQr _
dba PIER PLAZA ART A-FAIRS _
�4tye*r ))
APPROVED AS TO FORM
REVIEWED AND APPROVED In r
{ �`u City Atto y z- is Q p'1cl°4
City�Admmistrator �0{� f1 ✓ '
INITIATED AND APPROVED 1/.& b6
Director o conomtc Development
10
05Agrct AAa..d CnRs Fair
RLS 2005 I IS
466
EXHIBITA
Exhibit A
Project
Arts and Crafts Fair
Consultant Shall
• Operate the Arts and Crafts Fair in accordance with Conditional
Use Permit No 00-07 attached granted to the Redevelopment
Agency of the City of Huntington Beach on July 11 2000
• Coordinate the Friday activities of the Arts and Craft Fair as
practical with the Farmers Market to help ensure a satisfactory
visiting and shopping experience for the public
• Do outreach to find artists who make hand made products and
who will diligently display and sell their wares at the Arts and
Crafts Fair Products that are not hand-made by an artist
cannot be offered for sale at the Huntington Beach Arts and
Crafts Fair
• Provide on-site supervision the day of the event The contractor
will coordinate all event logistics including setup and take down
The property must be left completely cleaned up and free of
trash and debris after each day s event
• Operate the Arts and Crafts Fair year round on each Friday of
the month The City reserves the right to cancel or relocate the
event from time to time due to other activities at the Pier or the
beach that may conflict with the Arts and Crafts Fair
• Operate on either Saturday or Sunday or both days at times
throughout the year at the request of the City to compliment
other activities that the City is sponsoring The contractor will
endeavor to operate the Arts and Crafts Fair when requested
• Pay a user fee as established by the City currently set at $100
per Friday and $200 per day for the weekends The fee is
subject to change at the discretion of the City on an annual
basis
• Participate in an annual evaluation and review of the operation
by the City
468
PROMOTIONAL AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
PAM FREE AND TONI GRANT DBA PIER PLAZA
ART A-FABLE FOR PROMOTION AND
MANAGEMENT OF THE ARTS AND CRAFTS FAIR
AT HUNTINGTON BEACH PIER PLAZA
Table of Contents
I Scope of Services 1
2 City Staff Assistance 2
3 Term Time of Performance 2
4 Compensation 2
5 Extra Work 2
6 Method of Payment 3
7 Disposition of Plans Estimates and Other Documents 3
8 Hold Harmless 3
9 Professional Liability Insurance 4
10 Certificate of Insurance 5
11 Independent Contractor 6
12 Termination of Agreement 6
13 Assignment and Delegation 6
14 Copyrights/Patents 7
15 City Employees and Officials 7
16 Notices 7
17 Consent 8
18 Modification 8
19 Section Headings 8
20 Interpretation of this Agreement g
21 Duplicate Original 9
22 Immigration 9
23 Legal Services Subcontracting Prohibited 9
24 Attorney's Fees 10
25 Survival 10
26 Governing Law 10
27 Entirety 10
469
AMENDMENT NO. 1 TO PROMOTIONAL AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND PAM FREE AND TON] GROAT, DBA PIER PLAZA
ART A-FAIRE FOR PROMOTION AND MANAGEMENT OF THE
ARTS AND CRAFTS FAIR AT HUNTINGTON BEACH PIER PLAZA
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City,"
and PAM FREE AND TONI GROAT, dba PIER PLAZA ART A-FAIRE hereinafter
collectively referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated February 21,
2006, entitled "PROMOTIONAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON
BEACH AND PAM FREE AND TONI GROAT, DBA PIER PLAZA ART A-FAIRE FOR
PROMOTION AND MANAGEMENT OF THE ARTS AND CRAFTS FAIR AT
HUNTINGTON BEACH PIER PLAZA," which agreement shall hereinafter be referred to as the
"Original Agreement," and
The Original Agreement provides that upon mutual agreement, the parties may extend it
for up to three (3) additional years; and
City and Consultant mutually desire to extend the Term of the Original Agreement for an
additional three-year period,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. EXTENSION OF TERM
Effective as of February 20, 2009, the Original Agreement is hereby extended for
an additional period of three (3) years. The Original Agreement shall now expire on February 21,
2012.
09-2083.001/63469 1
470
2. USER FEE
The User Fee referenced in Exhibit A to the Original Agreement shall increase to
$125.00 for each Friday event beginning with the effective date of this Amendment No. 1.
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WI1FREOF, the parties hereto have caused this Amendment to be
executed by their authorized officers on 9UAL- - 2011.
CONSULTANT CITY OF HUNTINGTON BEACH, a
PIER AZA ART A-FAIR municip corporation of the State of California
By.
I ��� 2 R — AL
Pam Free, an individual
y Manager
4/ 4��Ij��ANn (P SUAAT TO SECTION 5 OF THE ORIGINAL AGREEMENT
By
Toni Groat, an individual INITIATED D APPROVED:
Director of Econo ` Development
APP OVEll AS TOMF012ib1:
1 / Jt
a;L
C ty Attorney
J-3
09-2083.001/63469.doc 2
471
Exhibit A
ART A-FAIRE
Consultant shall:
Operate the Arts and Crafts Fair in accordance with Conditional Use Permit No 00-07
granted to the Redevelopment Agency of the City of Huntington Beach on July 11 2000.
Coordinate the Friday activities of the Arts and Craft Fair as is practical with the Farmers
Market to help ensure a satisfactory visiting and shopping experience for the public.
Do outreach to find artists who make hand made products and who will diligently display
and sell their wares at the Arts and Crafts Fair. Products that are not hand made by an
artist cannot be offered for sale at the Huntington Beach Arts and Crafts Fair.
Provide on-site supervision the day of the event. The Consultant will coordinate all event
logistics including setup and take down. The property must be left completely cleaned up
and free of trash and debris after each day's event.
Operate the Arts and Crafts Fair year round on each Friday of the month. The City
reserves the right to cancel or relocate the event from time to time due to other activities at
the Pier or the beach that may conflict with the Arts and Crafts Fair.
Operate on either Saturday or Sunday or both days at times throughout the year at the
request of the City to compliment other activities that the City is sponsoring. The
Consultant will endeavor to operate the Arts and Crafts Fair when requested.
Pay a user fee as established by the City currently set at $125.00 per Friday and $200 per
day for the weekends. The fee is subject to change at the discretion of the City on an
annual basis.
Participate in an annual evaluation and review of the operation by the City.
09.2083.001/54
472
9/7/2021
Pier Plaza Arts & Crafts Fairs
ITEM #21-625
CITY OF HUNTINGTON BEACH
r ,
SEPTEMBER 7, 2021
Programming History
Since the 1990's, the City has hosted an arts and crafts fair in the downtown area
utilizing a third party vendor, currently known as Pier Plaza Art A•Faire (Art A-Faire).
The fairs have provided opportunities for local artists and visitors, while activating
the downtown/pier area between specific events
In July 2000, the City obtained a Conditional Use Permit (CUP) and Coastal
Development Permit (CDP) to officially locate the fair on an ongoing basis at Pier
Plaza.
SUPPLEMENTAL
COMMUNICATION
Mee&V Deb:
1
Agends bm No.: 33 �n2 1 (oa5)
9/7/2021
Conditional Use Permit Terms
Findings for approval:
• The activity will not impact the surrounding businesses, residents or beach-
related activities
• The activity will be compatible with surrounding commercial, residential and
beach related activities
• The activity will provide a variety of recreational facilities which provide
opportunities for all income groups
• The activity will provide 38 vendor booth spaces
Promotional Agreement
In February 2006, the City entered into a Promotional Agreement with Art A-Faire to
operate an arts and crafts fair in accordance with the original CUP.
The Art A-Faire shall:
• Outreach to artists to participate
• Provide on-site supervision and coordinate logistics
• Operate on Fridays year-round, Saturdays and/or Sundays at the request of
the City to compliment other City-sponsored activities
In February 2009, City Council approved an extension of the Agreement through
February 2012. The Promotional Agreement expired in 2012, but the City's CUP to
conduct the arts and crafts fair remains in place today.
2
9/7/2021
Development of a New Agreement
The Art A-Faire programming has benefitted the City by activating Pier Plaza when
there are gaps in community-oriented programming
Permits for Art A-Faire events have been issued in accordance with the expired
agreement: $125 per Friday, $200 per day Saturday/Sunday
Current charge per Fee Resolution for commercial specific events is $1,350 per day
There is a need to develop an updated agreement for ongoing, City approved
programming at Pier Plaza
Development of a New Agreement
Option A: Direct staff to continue working with Art A-Faire and draft a new
Promotional Agreement for approval by City Council. The new agreement may
include new flat user fees, a profit-sharing model, or both.
Option B: Direct staff to issue a Request for Qualifications (RFQual) to identify the
most qualified arts and crafts vendors, and return to City Council with a proposed
operator and agreement to provide an open-air arts and crafts fair. The City may
have the opportunity to enter into agreements with more than one vendor, based
on City's needs and vendor qualifications.
3
9/7/2021
Questions?
4