Loading...
HomeMy WebLinkAboutHuntington Beach Downtown Business Improvement District (HBDBID) - 2022-03-15 C1,g0tA/E 604,2 eez 2=Main Street. Huntington Beach, CA 926" City of Huntington Beach 4PPg6VFb 6-0-/ . . epc- w- File #: 22-216 MEETING DATE: 3/15/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager PREPARED BY: Chris Slama, Director of Community & Library Services Subject: Approve and authorize execution of a Service Agreement between the City of Huntington Beach and the Huntington Beach Downtown Business Improvement District (HBDBID) for Management and Operation of an Artisan Fair at Huntington Beach Pier Plaza Statement of Issue: There exists a need to approve a service agreement with the Huntington Beach Downtown Business Improvement District (HBDBID) to offer quality programmed events and activities at Huntington Beach Pier Plaza (Pier Plaza) and the downtown area throughout the year. Hosting a regularly scheduled arts and craft fair on certain weekends throughout the year is a viable option that has shown success and encourages residents and visitors to patronize downtown businesses while providing a family-friendly recreational opportunity. Financial Impact: Approval of the Recommended Action is estimated to generate approximately $53,000 annually. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and the Huntington Beach Downtown Business Improvement District for Management and Operation of the Pier Plaza Artisan Fair." Alternative Action(s): Do not approve the recommended action 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 1990s. Prior to 2022, the operator of the downtown craft fair had been Pier Plaza Art-A-Faire (Art-A-Fair). The Promotional Agreement between Art-A-Faire and the City of Huntington Beach began in 2009 and expired in February 2012. Between 2012 and 2021, service conditions and fees for Art-A-Faire were honored by the City in accordance with the agreement approved in 2009. Art-A-Faire continued to provide a premier venue for various local City of Huntington Beach Page 1 of 3 Printed on 3/92022 :. e,42{. LeQ Val File #: 22-216 MEETING DATE: 3/15/2022 artists to display and sell their work, while appealing to local residents and visitors alike. However, due to the expired agreement and outdated terms coupled with additional requests from event organizers to conduct craft fairs similar to Art-A-Faire, there has been a need to formalize a new agreement with one or more craft fair operators to continue offering this long-standing fair to the City's residents, visitors, and local businesses. On September 7, 2021 , City Council approved a motion to direct staff to issue a Request for Qualifications (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 (Attachment 2). On November 15, 2021, a Request for Proposals (RFP) for the operation and management of an artisan fair in Pier Plaza was issued (Attachment 3). The City sought proposals from qualified individuals or firms with a strong background in outdoor arts and craft fair planning, development, and promotion. The goal was to provide an artisan fair that would promote artistry and provide a venue for works of merit as well as create a family-friendly event experience at Pier Plaza. One proposal was received (Attachment 4) from the HBDBID, and after thorough review and an in- depth interview process, staff recommends that the City of Huntington Beach enter into a service agreement with HBDBID for a three-year term with the option of two additional one-year terms. Listed below are the main responsibilities of both the HBDBID and the City, as included in the agreement. HBDBID: • Shall curate, produce and manage an Artisan Fair that provides locally and regionally produced artisan wares and goods • Maintain vendor rates and fees at a fair market value • May review rates with City on an annual basis upon submission of satisfactory documentation of rates at similar facilities • Shall pay to the City a flat rate of $650.00 per event • May display event banners & signage in compliance with City Zoning and Municipal Code City of Huntington Beach: • Shall assign a staff coordinator to work with Operator • May approve rate adjustment at a rate not higher than the Consumer Price Index (CPI) based upon satisfactory documentation at similar facilities • Maintains the right to approve or require changes or removal of banners and signage • Reserves the right to cancel or reschedule events from time to time due to other activities at the Pier or the beach The HBDBID will strive to provide a quality artisan faire experience at Pier Plaza referred to as Surf City Collective on approximately forty-two (42) Fridays per year with the opportunity for additional weekends each month and the occasional extended holiday weekend when available. The Surf City City of Huntington Beach Page 2 of 3 Printed on 3/9/2022 powen62$ Lepsta," File #: 22-216 MEETING DATE: 3/15/2022 Collective will showcase regionally produced artisan wares and goods and will strive to cultivate community connectedness and work with artists and the local business community to foster cultural harmony and accessibility. The Collective will also feature space for local nonprofits and offer other ancillary experiences such as music, artisanal consumable goods and educational opportunities. Environmental Status: The actions to approve a service agreement to operate an art fair at Pier Plaza meets the categorical exemption criteria set forth in the CEQA State Guidelines pursuant to Section 15301 (Existing Facilities), which exempts the operation, repair, maintenance, permitting, leasing, licensing or minor alterations of existing public or private structures or facilities involving negligible or no expansion of use; Section 15311 (Accessory Structures) which exempts placement of minor structures accessory to existing commercial, industrial, or institutional facilities, including, but not limited to, temporary use items in publicly owned facilities or other facilities designated for public use; and Section 15323 (Normal Operations of Facilities for Public Gatherings) which allows for the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the project would not represent a change in the operation of the facility Strategic Plan Goal: Community Engagement Attachment(s): 1) Service Agreement between the City of Huntington Beach and HBDBID for Management and Operation of an Artisan Fair at Huntington Beach Pier Plaza 2) RCA Options Regarding the Pier Plaza Art-A-Faire Events at Pier Plaza (September 7, 2021) 3) City RFP for the Operations and Management of an Artisan Fair in Pier Plaza (November 15, 2021) 4) HBDBID RFP submittal (December 8, 2021) City of Huntington Beach Page 3 of 3 Printed on 3/9/2022 powertWB Lep,s - ATTACHMENT # 1 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT FOR MANAGEMENT AND OPERATION OF THE PIER PLAZA ARTISAN FAIR 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 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (HBDBID), a California Non-Profit Corporation, hereinafter referred to as "OPERATOR, and collectively referred to as "PARTIES". RECITALS The CITY desires to retain an OPERATOR having special skill and knowledge in the field of Arts and Crafts Fair management and operation, and The OPERATOR represents that OPERATOR is able and willing to provide such services to the CITY; and In undertaking the performance of this Agreement, OPERATOR represents that it is knowledgeable in its field and that any services performed by OPERATOR under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field; and OPERATOR has been selected to perform these management and operations services pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code Chapter 3.02, relating to procurement of service contracts have been complied with; and the Downtown Bid was the only Bid received. NOW. THEREFORE, it is agreed by CITY and OPERATOR as follows: 1. OPERATION AND MANAGEMENT The Premises shall be operated and managed for the purpose of presenting an Artisan Fair and related activities. Any activity planned outside of the Pier Plaza event space shall be subject to the CITY's Specific Event permitting process. 2. PREMISES The Artisan Fair is located at Pier Plaza in Huntington Beach, which is adjacent to 1 Pacific Coast Hwy, northwest of the Huntington Beach Pier entrance and north of the Pier Plaza Amphitheater. CITY shall retain full possession of the Premises and Amenities, and OPERATOR shall not acquire any ownership interest, temporary, permanent, irrevocable, possessory, or otherwise. in the Premises (or any Amenities), by reason of this Agreement. The Artisan Fair site and its immediate surroundings are shown in Exhibit"A" aerial map for reference. CITY reserves the right to relocate the Artisan Fair should the need arise, including to accommodate Specific Events located at the Beach and/or Pier Plaza. 3. TERM The Term of this Agreement shall be for a period of three (3) years, commencing on L� 2022 (the "Commencement Date") and end on 'Y) IArGk ,' /S"" . 2025. The term of this Agreement may be extended up to two (2) additional one (1) year terms upon mutual agreement of PARTIES evidenced in writing. CITY may withhold consent to extend this Agreement with or without cause, in which case this Agreement shall terminate In the event the Commencement Date precedes the Effective Date. OPERATOR. shall be bound by all terms and conditions as provided herein 4. SCOPE OF SERVICES OPERATOR shall provide all services as described in Exhibit "B", which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." The time for performance of the tasks identified in EXHIBIT B' are generally to be shown in EXHIBIT "B". This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by PARTIES. 5. CITY & OPERATOR DESGINEES The Community & Library Services Department shall administer this contract on behalf of the CITY CITY shall assign a staff coordinator to work directly with OPERATOR in the performance of this Agreement. OPERATOR hereby designates BRETT BARNES President, HBDBID, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 6. FEES AND FINANCIAL REPORTS a. Fees CITY & OPERATOR will mutually agree in writing to a fee structure for booths etc., operating on the premises as part of the Arts & Crafts Fair 2 OPERATOR will collect and retain the fee from vendor. OPERATOR will review fees with CITY on an annual basis, and upon approved of the CITY in writing any increase fees. b. Operator Fee. OPERATOR shall pay CITY a flat rate of Six Hundred and Fifty Dollars ($650.00) per event day in accordance with this Agreement. C. Operator Fee Distribution. OPERATOR shall pay CITY by the fifteenth (151h) day after the end of each month. OPERATOR shall transmit with payment, a Report for the month in which payment is submitted. The Report shall include a breakdown of event dates and such other information as CITY may require. All payments and Reports shall be sent to the CITY as provided for under this Agreement. d. Late Charge. In the event that CITY does not receive the monthly Operator Fee on or before the fifteenth (15'h) day after the end of each month, a late charge of ten percent (10%) of the monthly amount due shall be applied to any outstanding balance beginning the twentieth (201h) day after the end of the month. If payment is received after the fifteenth (151h) day, but postmarked on or before the fifteenth (15'h), the revenue shall be accepted without penalty. If payment is received thirty (30) days or more after the due date, an additional one-and-a-half percent (1.5%) penalty shall be assessed daily until paid in full. 7. SPONSORSHIP BANNERS AND SIGNS ON PREMISES For purposes of this Agreement, OPERATOR may display Artisan Fair event banners and signage on Premises in compliance with the provision of CITY Zoning and Municipal Code. OPERATOR shall maintain signage in good appearance at all times during the life of this Agreement. CITY shall have the right to approve or require OPERATOR to change or remove signs or any other advertising on the premises. 8. HOLD HARMLESS OPERATOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to OPERATOR's employees and damage to OPERATOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by OPERATOR, caused in whole or in part by any negligent act or omission of the OPERATOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. OPERATOR will conduct all defense at its sole cost and expense and CITY shall approve selection of OPERATOR's counsel. This 3 indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by OPERATOR. 9. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, OPERATOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; OPERATOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. OPERATOR shall obtain and furnish to CITY workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. OPERATOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. OPERATOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation and Employer's Liability Insurance and OPERATOR shall similarly require all subcontractors to waive subrogation. 10. GENERAL LIABILITY INSURANCE In addition to the Workers' Compensation and Employer's Liability Insurance and OPERATOR's covenant to defend, hold harmless and indemnify CITY, OPERATOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify OPERATOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form, which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that OPERATOR'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 4 coverage. 11. AUTOMOBILE LIABILITY INSURANCE OPERATOR shall obtain and furnish to CITY an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for OPERATOR's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "CITY of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of CITY. 12. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, OPERATOR shall furnish to CITY a certificate of insurance subject to approval of the CITY Attorney evidencing the foregoing insurance coverage as required by this Agreement, the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. OPERATOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. This requirement for carrying the foregoing insurance coverage shall not derogate from OPERATOR's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. OPERATOR shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 13. INDEPENDENT CONTRACTOR OPERATOR 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. OPERATOR 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 OPERATOR and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed 5 hereunder. 14. CONFLICT OF INTEREST OPERATOR covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 15. NOTICE OF COMPLIANCE. All work required hereunder shall be performed in a professional manner. If CITY determines that OPERATOR is not in compliance of this Agreement, be it workmanship or contractual, CITY shall notify OPERATOR in writing with a request to rectify the required compliance. OPERATOR shall make all attempts to remedy the issue of compliance within thirty (30) days or CITY may terminate the Agreement. 16. TERMINATION OF AGREEMENT CITY may terminate OPERATOR's services hereunder at any time with or without cause, upon thirty (30) days prior written notice, delivered to OPERATOR as provided herein. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and OPERATOR, and supersedes any and all other agreements, oral or written, between the PARTIES. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of OPERATOR. The PARTIES agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate OPERATOR or the CITY. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of OPERATOR, OPERATOR may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or subcontract without the CITY's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the CITY's ability to have 6 any of the services, which are the subject to this Agreement performed by CITY personnel or by other contractors retained by CITY. 19. CITY EMPLOYEES AND OFFICIALS OPERATOR 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, 20. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to OPERATOR's agent (as designated in Section 2 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below, or delivery via time/date stamped electronic communications. CITY and OPERATOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested, or via time/date stamped electronic communications: TO CITY: TO I CONTRATOR: City of Huntington Beach M ATTN: Director of Community & Library Services L` 2000 Main Street Huntington Beach, CA 92648 Ll 214 A Email: ehb1tt-rnw►�tr►� r►.ccn�n 21. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 22. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both PARTIES. 23. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive 7 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. 24. 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. 25. 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. 26. IMMIGRATION OPERATOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 27. LEGAL SERVICES SUBCONTRACTING PROHIBITED OPERATOR 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. OPERATOR 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 8 OPERATOR. 28. DISCRIMINATION OPERATOR shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. OPERATOR affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 29. LEGAL SERVICES SUBCONTRACTING PROHIBITED OPERATOR 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. OPERATOR 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 OPERATOR. 30. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. SIGNATORIES Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective PARTIES to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 9 34. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 35. EFFECTIVE DATE IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONTRACTOR, CITY OF HUNTINGTON BEACH, a municipal corporation of the Huntington Beach Downtown Business Distr. State of California Company Name bft�*" Mayor By:/ .Y� ��— INITIATED AND APPROVED: gle Pn ITS: Chairman residen ice President I'd le one) Director, Community & Library Services AN11 By C a VA APPROV T ORM: Print Name City Attorney ITS: Secretary/Chief Financial Officer/Asst. Assistant Secretary/Treasurer Date (circle one) 10 COUNTERPART REVIEWED AND APPROVED: ATTEST: City Mana a City Clerk COUNTERPART 11 SITE LOCATION MAP EXHIBIT A 12 EXHIBIT "A" SITE LOCATION Pacific Coast Hwy and Main Street (Entrance area to Huntington Beach Pier) 4N 4 + � 1 !/ elk ,IJ SCOPE OF WORK EXHIBIT B 14 EXHIBIT "B" SCOPE OF WORK General OPERATOR shall at all times during the term of the Agreement, at its own cost and expense provide administration, marketing, and supervision of the Artisan Fair operations. The OPERATOR will strive to cultivate community connectedness and work with artists and the local business community to foster cultural harmony and accessibility. OPERATOR shall curate, produce and manage an Artisan Fair that provides locally and regionally produced artisan wares and goods. Mass-produced goods, multi-level marketing items and craft/art items made from kits are not permitted. Additionally, CITY and OPERATOR shall follow all health and safety guidelines and regulations, put forth by the Federal, State, County, and other governmental health agencies. CITY will provide a staff member of the Community & Library Services Department as the primary contact for business purposes. Activities and events outside of the standard artisan fair format shall be subject to the City's Specific Events permitting process. Role of Artisan Fair Operator and City OPERATOR will provide comprehensive development and management services that result in a weekly Artisan Fair at Pier Plaza in downtown Huntington Beach. The OPERATOR will be responsible for, but not limited to, recruitment of appropriate artisan vendors, development of a marketing image and plan, establishment of an Artisan Fair website and social media platforms, Fair setup and takedown, regular reporting to CITY, scheduling of special activities and participation in downtown events as requested by CITY, among other duties. OPERATOR is also responsible for all permitting, insurance, tax liability and other items related to operation of the Artisan Fair. OPERATOR will regularly confer with inspectors to ensure safety and proper food sanitation practices. OPERATOR will be expected to stay in 15 communication with adjacent businesses and strive to coordinate with and maintain a positive and productive relationship with the business district. Administrative 1 . OPERATOR shall obtain and maintain all permits and supporting documentation to satisfy all permitting requirements for the State of California, County of Orange, and the City of Huntington Beach. 2. OPERATOR shall abide by all Federal, State, and local laws, rules and regulations, and all CITY policies and directions. 3. OPERATOR shall develop a comprehensive COVID-19 site and action plan. OPERATOR shall post signage according to current Federal, State, County, or City guidelines. 4. OPERATOR shall adhere to specific safety and security measures as required by the City of Huntington Beach Police and Fire Departments, and work with pertinent CITY Departments to develop a comprehensive safety plan. OPERATOR shall train staff accordingly. 5. OPERATOR shall conduct outreach to identify artists who make hand-made products and who will diligently display and sell their wares at the Artisan Fair. Note: Products that are not hand-made by an artist cannot be offered for sale at the Artisan Fair. 6. OPERATOR shall not allow the sales of alcohol; CBD products; smoking, or vape paraphernalia or products. 7. OPERATOR will provide CITY with quarterly statistical reports, which reflect the total number of vendors, types of products exhibited and sold, attendance, and quarterly gross revenue. 8. OPERATOR shall participate in an annual evaluation and review of the operation by the CITY. Operations & Maintenance 1. OPERATOR shall operate the Artisan Fair year-round on most Fridays, with a minimum of forty-two (42) Fridays, and with the opportunity for additional weekends each month and the occasional extended holiday weekend when available. 16 2. The CITY may request at times throughout the year that OPERATOR conduct an Artisan Fair to accompany other CITY-sponsored activities. The OPERATOR will strive to operate the Artisan Fair when requested. 3. The Artisan Fair schedule shall be developed annually upon mutual agreement of both PARTIES. CITY and OPERATOR will review the schedule quarterly to keep the OPERATOR apprised of additional Pier Plaza and beach events, and/or additional opportunities for Artisan Fair business. 4. Operational hours will be mutually agreed upon based on seasonal time changes. OPERATOR may propose additional activities/events to enhance the Artisan Fair experience, including evening hours when available. 5. The CITY reserves the right to cancel or reschedule the event from time to time due to other activities at the Pier or the beach that may conflict with the Artisan Fair. 6. The CITY reserves the right to change the schedule due to Specific Events, weather, natural disaster, facility issues, health and safety, or other acts beyond the CITY's control. 7. In most cases, CITY will notify OPERATOR no less than 7-days in advance, should modification be required to the date or location of the Fair. However, CITY will strive to provide as much notice as reasonably possible in the event of modification or changes. 8. OPERATOR shall provide all essential materials that are in line with best management practices for a professionally run Artisan Fair, including but not limited to uniform tents/booths (which are equal in size and shape), tables and signage, in order to maintain a cohesive aesthetic. 9. OPERATOR shall provide on-site supervision the day of the event(s). OPERATOR shall coordinate all logistics including setup, take down, and move-in and move-out of vendors. 10.OPERATOR shall provide overnight security services for multi-day events. CITY reserves the right to require additional security services if deemed necessary. 11.OPERATOR shall prevent unauthorized vendors from participation in the Artisan Fair. 12.OPERATOR shall maintain the cleanliness of the Premises. Premises shall be left completely clean and free of trash and debris after each day's event. 17 13.OPERATOR shall use trip-guards with all cables, cords, hoses, wires, and conduits where applicable. These items are not permitted to cross pedestrian pathways. 14.Signage - Per M.C. 13.48.140 (Advertising), limited commercial/sponsorship signage may be considered by the Director or their designee. 15.OPERATOR must provide access in accordance with requirements set forth by the Americans with Disabilities Act (ADA). 16.OPERATOR will see that Vendors unload and load merchandise from the location where the parking lot meets Pier Plaza. Vendors may not drive onto the Plaza. 17. No sales may be conducted after the conclusion of the event. 18. Food or beverages may not be sold or given away to the public at Pier Plaza without prior approval by the Director or their designee. 19.Polystyrene (commonly referred to by the trade name Styrofoam) is prohibited at all events on public property and within CITY facilities. This prohibition shall apply to event organizers, agents of the event, event vendors and any other party who enter into an agreement with one or more of the sponsors of the event to sell or provide goods, food, or beverages at the event. Marketing & Outreach OPERATOR shall provide the following minimum services: 1. Design, publish and distribute marketing materials and vendor forms. Materials to include print and digital media platforms. CITY will assist OPERATOR with social media marketing through the CITY's platforms. Logos and branding materials must be approved by CITY staff. 2. OPERATOR shall design and operate a website for the Artisan Fair activities that may include, but are not limited to, vendor registration, upcoming events, past, present and future artist lists, and artists' public contact information 3. OPERATOR shall provide at least one free space each Fair occurrence for use by the CITY and/or its partners, if requested. CITY will strive to notify OPERATOR of booth requests as early as reasonable possible, but no less than fourteen (14) days prior to event day. 4. OPERATOR may sell Fair promotional items such as, but not limited to, t-shirts, hats, totes, and beach blankets. 18 5. CITY reserves the right to have OPERATOR remove any marketing or messaging that is not in line with the CITY's core values. Merchandise and Contracting of Vendors 1. OPERATOR shall not permit merchandise vendors that do not meet the Artisan Fair criteria. 2. OPERATOR may include artisanal consumable products, applicable to all County of Orange Health and Food Safety permits and regulations. 3. OPERATOR will prepare and distribute any required forms to vendors for registration and exhibition, rules and regulations, and health and safety, prior to contracting with artisan vendors. Fees and Financial Terms 1. OPERATOR shall be responsible for collection and payment of all fees, including, but not limited to, all booth and events fees, artwork and artisan product sales, payment of all appropriate sales taxes, etc. 2. OPERATOR shall maintain a current business license on file with the CITY during the term of the agreement. 3. OPERATOR shall verify that all artisan vendors maintain a current sellers' permit, listing the Huntington Beach as the point of sale. 4. OPERATOR shall keep copies on file of sale receipts pursuant to State requirements. CITY reserve the right to request review of OPERATOR's books on an annual basis. Independent Operator/Staffing 1. OPERATOR shall be retained as an independent OPERATOR and will not be considered an employee of the CITY of Huntington Beach. Operator is responsible for any and all staff hired to work the Artisan Fair, and shall be responsible for following best labor practices in accordance with the State of California labor laws. Ethics and Conflicts of Interest OPERATOR shall discharge their duties impartially so as to ensure fair competitive access 19 to the Artisan Fair opportunities by interested vendor or artist. Moreover, OPERATOR shall conduct business in such a manner as to foster public confidence in the integrity of CITY programming and activities. OPERATOR shall not solicit, demand, accept or agree to accept from any other person a gratuity or benefit in connection with the Agreement. CITY Employees are prohibited from engaging in any outside activities that conflict with, or have the appearance of conflicting with, the duties assigned to them in the employment of the CITY. 1. OPERATOR shall not ask employees for any special favor or consideration that is not available to every other citizen, beyond those related to this Agreement. 2. OPERATOR shall not ask a CITY employee to disclose any information that is not available to every other citizen through normal public information channels. 3. OPERATOR shall not offer to compensate the employee by offering to hire or do business with any business entity of the employee or family member. 4. OPERATOR shall not ask employees to represent them or their company or make any recommendations on their behalf other than those that are a part of their official duties with the CITY. 5. OPERATOR shall not ask employees to endorse the products or services of their company. 6. OPERATOR shall not ask employees to hand out or post advertising materials, unless designated. 20 OPERATOR'S FEE SCHEDULE EXHIBIT C 21 a HBDBID FEE SCHEDULE Surf City Collective Artisan Fair @ Pier Plaza Vendor Pricing: $100 per vendor/ per day Sponsorship Range: Five (5) Sponsors for an estimated $30,000 in revenue Presenting Sponsor, $10,000 Four Corners Sponsors, 4 @ $5,000 Merchandise Range: Locally designed and sourced merchandise for marketing purposes from $10 - $20 per item Operator Fee: $650/ day — non-profit rate 22 OPERATOR'S ARTISAN RULES & REGULATIONS EXHIBIT D 23 SURF CITY COLLECTIVE Art + Music + Culture + Local EVENT RULES & REGULATIONS ABOUT SURF CITY COLLECTIVE Surf City Collective is an artisan market with dynamic programming and community engagement dedicated to the imaginative roots of Surf City USA's culture and art scene located at the "world-famous" Huntington Beach Pier Plaza. WHO CAN BE A VENDOR? Surf City Collective is a gathering of regional artisan vendors who showcase high-quality handmade, locally produced merchandise or goods. Entrepreneurs who actively promote their business on social media, and who are always seeking to create fresh, exciting, and relevant displays and new products to continually elevate their brand. VENDOR TYPES • Artisan Vendors — selling handmade or self-created art or goods. • Artisanal Food Vendors — selling homemade edible goods. • Performing Talent Vendors — providing atmospheric music + culture. • Non-Profit Vendor — local non-profit, charitable in nature. APPLICATION PROCESS There will be a onetime new application processing fee of S10.00 for new vendors applying for Surf City Collective. The following documents must be provided in their entirety: • Vendor Application. • Signed Non-Compete Form — Out of respect, no vendor shall offer goods or services that directly compete with Huntington Beach Downtown Business Improvement District (HBDBID) members. • Photos of Artisan Product to be sold. • Photos of Artisan Creating their goods. • Signed Hold Harmless Agreement. • Signed Rules & Regulations Agreement. • Copy of CA Seller's Permit. • Copy of City of Huntington Beach Business License (Vendor is required to have a business license after participating in the event eight times.) • Copy of Insurance Policy. ADDITIONAL REQUIREMENTS ON EVENT DAYS • CA Seller's Permit (must be available in booth) • Insurance Policy (must be available in booth) • City of Huntington Beach Business License (must be available in booth) o Link: City of Huntington Beach Business License 24 • OC Health Permit and Temporary Food Facilities (TFF) — (must be available in booth) o Link: Temporary Food Facilities • Once approved, vendor may not change product lines without permission and must complete a new application for review. • No items with foul language, or sexual content will be allowed. MARKET INDEMNIFICATION • Insurance - All vendors are required to have a general liability policy for a minimum of $1,000,000. • Additional Insured — City of Huntington Beach, Huntington Beach Downtown Business Improvement District and Event Fusion are named as additional insured and are in favor a waiver of subrogation endorsement where required by written contract. Insurance is primary and noncontributory. • Hold Harmless - Vendor agrees to indemnify and hold harmless the City of HB, HBDBID, Event Fusion and its elected or appointed officials, agents, officers, employees, and volunteers from and against any and all claims, damages, and losses. • A dedicated link through Artists. Crafters, and Tradesmen Insurance has been set up to streamline this process, along with a group discount code. o Link https://app,actinsurance.com/events/1921 VENDOR CODE OF CONDUCT • Vendors are invited to be a vendor and must adhere to all Vendor Codes of Conduct. • Practice patience and understanding towards all. • Demonstrate sensitivities to people of all ages, ethnicities, and diversities. • Treat customers and non-customers with courtesy, respect, and honesty. • Assist other vendors whenever possible. • Treat market staff, volunteers and other vendors with respect and understanding. • Notify market manager immediately of any unsafe conditions. • Resolve conflicts in an unobtrusive manner. • Do not treat any person in a manner that is rough, menacing, vulgar, profane, or abusive. • Practice safe behavior at all times, including while driving. loading and unloading. • No vendor may smoke or be under the influence of illegal drugs or alcohol at any time. • All products for sell must be safe, have a decent life expectancy and exhibit quality. BEST PRACTICES FOR SUCCESS • We always engage in an "If I Were the Customer" mentality. • We always greet everyone who approaches with eye contact, a friendly smile and sincere "Hello." • We limit cell phone usage as much as possible to stay engaged. • We are present, engaging, and proud of our products. 25 • We highlight products that are new, seasonal, or limited to increase interest. • We thank every customer for their purchase and support articulating that we genuinely hope to see them again soon. • Through our words and actions, we make people feel welcome and valued so that they want to return. • Vendors who do not demonstrate a consistently high level of customer service may not be asked back. MARKETING • Vendors are required to participate in a weekly social media promotion of the marketplace prior to attending the event. • Vendors are required to share a weekly post/story promoting the marketplace while attending the event. • Please be sure to tag @TBD so we can share in the social story. o Facebook: TBD o Instagram: TBD PAYMENT • Payment is due on a weekly basis each Friday for the following Friday's event (i.e., Friday, February 4 for the Friday, February 11 marketplace.) • If the next event is a weekend show, all vendor fees will be due the Friday prior to. • Accepted payments are on-line ACH, Credit Card or in person cashier's checks or money we do not accept cash or personal checks / business checks for payments. • A $50.00 late fee will be applied for late payments. A $25.00 fee will be added for NSF or closed accounts. ABSENCES • You must notify the market manager by noon on Tuesday if you will not be at the market on Friday to receive a full credit towards another show. • You must notify the marker manager by Wednesday by noon if you will not be at the market on Friday to receive a 50% credit towards another show. • Notifying the market manager less than 48 hours before the show will result in in 100% loss of vendor fee payment. • Any extended absences must be approved by management with a minimum of 2 weeks' notice. MARKET CLOSURES • If for some reason a future event is cancelled due to a scheduling conflict, you will receive prior written notice. • For closures due to rain and extreme wind, the decision to call the show will be made no later than 6:00 am the day of the event and then posted. Please check our website at TBD and on Social Media. o Facebook: TBD o Instagram: TBD 26 LOAD IN • Load In begins at 7:00 am sharp and not before. • Vendors must be all set up and 'open for business" by event time. • Winter hours are 10:00 am November — February. • Summer hours are 9:00 am March — October. • Vendors are not allowed under any circumstances to drive on to Pier Plaza or park in the entry way driveway to Pier Plaza as it is a reserved walkway for Vendors to move their product in and out only. • Vendors may park in the yellow curbed loading areas to unload product only but are not allowed to use this loading zone as permanent parking. • Double parking behind other vehicles is not permitted. • Vendors are required to unload all of their products, park their car, and then bring product to their booth to free up the loading zone for other vendors. PARKING • You may find street parking or park in the City parking lot and get a $2.00 validation sticker. • The City of Huntington Beach offers annual parking passes. o www.huntingtonbeachca.gov/visitors/parking/parking_pass.cfm • Only oversized vehicles who have been given permission may park in oversized spaces. • If your vehicle is found in the oversized spaces without permission, you will be towed. LOAD OUT • Load out begins at the end of the event and not before. • Winter hours are 5:00 pm November — February. • Summer Hours are 6:00 pm March — October. • Tear down your booth and tent prior to bringing your vehicle to the loading zone. • Vendors are not allowed under any circumstances to drive on to Pier Plaza or park in the entry way driveway to Pier Plaza as it is a reserved walkway for Vendors to move their product in and out only. • Vendors may park in the yellow curbed loading areas to load product only but are not allowed to use this loading zone as permanent parking. • Double parking behind other vehicles is not permitted. • Booth space must be left clean. Do not leave trash, food, water, etc. If you have a spill, contact the market manager immediately. CANOPY REQUIREMENTS • Commercial grade 10 x 10 white canopy either new or in new condition lacking marks and tears. • Vendors may purchase the desired event canopy at a group discount. o TBD 27 • Branded tents that are more than 75% white will be considered, and subject to approval if the branding is complimentary to the esthetic and branding of the market. • Canopy must have straight legs (not splayed or angles out.) • Canopy must have attachable walls to brand, hang banners and product, block the wind, and provide extra security overnight. • Canopy must have weights for security against the wind. DISPLAY • You must remain in your assigned 10 x 10 space. If you exceed your space, you must get the market Manager's approval and pay additional charges. No product in the front, side, or behind your booth. • Your display must be neat and clean, and boxes stored under tables. • All tables must be draped with linens or tablecloths. • Tablecloths need to be free of tears and fading. • Business sign or banner is required for your booth. • No cardboard or A-Frame signs. • No signs on back of the canopies on Pacific Coast Highway. • Surf City Collective reserves the right to withdraw any item from display or sale for any reason whatsoever. MARKET VIOLATIONS • Any rule market violation can result in a written warning, $50.00 fine, or termination without a refund from the market. • There is No Smoking allowed for vendors at this event in their booths. Vendors may smoke off-site. • There is No Drinking of Alcohol or Illegal Drugs at any time in during market hours including setup and teardown. This agreement is hereby made for space at Surf City Collective for the purpose of exhibition and sale of products indicated in agreement to abide by all the following terms and conditions of this document. Surf City Collective shall not be responsible or liable for any injury or loss that may arise or come to the vendor or his/her employees or goods, for any cause whatsoever. Vendor relieves the sponsor and the property owners of all responsibility in connection with the safekeeping of property during the event. Business Name Printed Name of Authorized Representative Signature of Authorized Representative Date 28 COVID/HEALTH DISCLAIMER: An inherent risk of exposure to COVID or any other public health concern exists in any public place where people are present. COVID is an extremely contagious disease that can lead to severe illness and death. By participating and attending Surf City Collective, you voluntarily assume all risks related to exposure of COVID. You further acknowledge that Surf City Collective cannot guarantee that you will not become infected with the COVID. You understand that the risk of becoming exposed to and/or infected by COVID may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Surf City Collective staff, Surf City Collective makers/vendors, and Surf City Collective attendees. 29 SURF CITY COLLECTIVE Art + Music + Culture + Local HOLD HARMLESS AND INDEMNIFICATION AGREEMENT I, , shall save, keep, and hold harmless the City of Huntington Beach, the Huntington Beach Downtown Business Improvement District, Event Fusion, it's officers, agents, employees, and volunteers from all damages, costs, or expenses in law or equality that may at any time arise or be set up because of damages to property or personal injury, or weather, received by any reason or in the course of the Surf City Collective which may be occasioned by any willful or negligent act of my business, employees, agents or assigns. SIGNATURE OF AUTHORIZED REPRESENTATIVE 1, , warrant that I have the authority to bind the below listed organization or business to this Special Event Hold Harmless and Indemnification Agreement and by my signature heron do so bind this organization or business. Business Name Printed Name of Authorized Representative Signature of Authorized Representative Date Address of Authorized Representative Phone Number of Authorized Representative 30 A D CERTIFICATE OF LIABILITY INSURANCE DATE(MM!DDNYYY) 05/08/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 657-215-3333 657-215-3332 CONTACT John G Petit John G Petit Insurance Agency Inc �"fc Ne.Ezll 657 215 3333 (Nc,Noll 657 215-3332 6013 Warner Avenue nI oAliEss:JPetit©farmersagent.com _ Huntington Beach, CA 92647 INSURER(S)AFFORDING COVERAGE NAICp License#OL81880 and 0M51645 INSURER A:United States Liability Insurance Company 19087 INSURED INSURER B: Huntington Beach Downtown Business INSURER C: Improvement District INSURERD: 315 3rd St.Ste E INSURER E: Huntington Beach,CA 92648 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM!DDNYYYI (MM(DDNYYY) ✓ COMMERCIAL GENERAL LIABILITY -/ ✓ EACH OCCURRENCE S 1,000,000 A CLAIMS-MADE f OCCUR ♦ DAMAGE P RE SESO RENTED (Ea occurrence) S 1 00,000 NBP1559393C 01/11/2023 01/11/2024 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 • POLICY PRO JECT LOC PRODUCTS-COAIPlOPAGG S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s (Ea accidentl ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON.OWNED PROPERTY DAMAGE S AUTOS ONLY _ AUTOS ONLY (Per accident) S UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS•MADE AGGREGATE S DED RETENTIONS WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE N!A E.L.EACH ACCIDENT S , OFFICER/MEMBEREXCLUDED9 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S • If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Huntington Beach, its officers, agents, and employees are listed a ditional insured. A PROVED AS TO FOR • MICHAEL E, 0 CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach 2000 Main Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE th/l. Pt, ,i1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD , •POLICY NUMBER: NBP1559393C BUSINESSOWNERS BP 04 48 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Additional Insured Person(s)Or Organization(s): Effective Date: 01/11/2023 THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS,EMPLOYEES, AGENTS OR VOLUNTEERS 2000 MAIN ST. HUNTINGTON BEACH,CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph C. Who is An Insured in Section II - Liability: 3. Any person(s)or organization(s)shown in the Schedule is also an additional insured, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. BP 04 48 01 06 ©ISO Properties, Inc., 2004 Page 1 of 1 , . Policy No: NBP1559393C UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Primary And Non-Contributory- Written Contract Schedule: Effective Date: 01/11/2023 Name of Person or Organization: TIIE CITY OF IUNTINGTON BEACII,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES, AGENTS OR VOLUNTEERS 2000 MAIN ST. IIUN'I'ING'l'ON l3EACII,CA 92648 (If no entry appears above,the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION III -COMMON POLICY CONDITIONS, Paragraph H. OTHER INSURANCE, is amended with the addition of the following: The coverage afforded by this policy to the person(s)or organization(s) listed above is primary and non- contributory if: 1. This insurance is required to be primary or non-contributory under a written contract: and 2. The loss to be covered occurs on or after the effective date of the written contract; and 3. The loss to be covered resulted solcly and exclusively from your ongoing acts or omissions or the ongoing acts or omissions of those acting on your behalf in performing"your work" under a written contract referred to above. 4. The person(s)or organization(s) listed above is an additional insured under this policy. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. BP 172(07-12) Page 1 of 1 Resolution No.2008-63 CITY OF HUNTZNGTON BEACH H . 2000 Main Street Huntington Beach, CA 92648 DECLARATION OF PERM FLEE I certify that no vehicle(s) will be used or operated in the performance of the task(s) or event(s) for which this permit is granted. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or event(s) if any vehicle(s) is used. Signature of Pecmittee Cw,NAL Print name J C IVY)e bfr Company name(if applicable) H 6 QtrW V\ft LV tit 'I '4St ryes s l W\ rvov-c -eAk Date signed t 20 Z 3 16407 EXHIBIT (-S-urfCity CITY OF FIUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 Hunimq Beach ,, Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company Name: }-1 (3 0 w -i--c i3'A -Lfl G S S Address: 31 S �C-I-Irm_6\ r�� S}-r e -< Val E Applicant j �� ti'V\ 6 Applicant's Signature: Title: F. NI( e C TAM.U' Dirke:1-v Date Signed: GJ I Z t) Telephone Number: S 1 Resolution No.2008-63 CA 'ty :".,:.° ~ CITY OF HUNTINGTON BEACH ;: 2000 Main Street Huntington Beach, CA 9264s DECLARATION OF PERMITTEE I certify that no vehicle(s) will be used or operated in the performance of the task(s)or event(s) for which this permit is granted. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or event(s) if any vehicle(s) is used. Signature of Permittee �Pl "V Print name K I rv! 'L: ( �i 1 C �1 � Company name(if applicable) T1IL, a(JU I w Nc 1- ,1,7 • Date signed 6 f 0/20 2 16407 EXHIBIT I Surf City CITY OF' HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 Hunting., Beach Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company Name: (-4" 170(}u►JIT-7} 1J NJ I .fl Address: _7 I fir° v7 CT1✓ E (et CA- . i2& - O Applicant RI m'0 1 NJ cf pi, Tl Ge, Applicant's Signature: Title: 0/ 8V1A) �O(e 4.7) 6k MA-Al A-6& - Date Signed: � 202 '3 Telephone Number: Resolution No.2008-63 S ty CITY OF HUNTINGTON BEACH • 2000 Main Street Huntington Beach, CA 92648 DECLARATION OF PERMITTEE I certify that no vehicle(s) will be used or operated in the performance of the task(s) or event(s) for which this permit is granted. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or event(s) if any vehicle(s) is used. Signature of Permittee 4_, __ Print name Hal\d.Q 1\`(\�._ Company name(if applicable) ` - \urn \ \\') Date signed 5 16407 EXHIBIT I Surf=City CITY OF' HUN 'IN GTO REACH HB2000 Main Street, Huntington Beach, CA 92648 I(ununy A Beach,,, Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company Name: f-\U(\\wI<M Ce'.3(1\ •‘)ow(AvO S\c)? A-0\mileaV Address: :311-.) `� ; `\•l \4.\- � _d��tl �� C1 (46 Applicant NNCv4,`<a'(Y. (-)AV. ) Applicant's Signature: Oheico ../ 1 ►�i PP g Title: �\r�,t\n\ c\\'6 Date Signed: b `iS Z.?:) Telephone Number: 1 \fA , , POLICY NUMBER: NBP1559393C BUSINESSOWNERS BP04020106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Person or Organization (Additional Insured): Effective Date: 01/11/2023 THE CITY OF HUNTINGTON BEACH,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES, AGENTS OR VOLUNTEERS 2000 MAIN ST HUNTINGTON BEACH,CA 92648 Designation of Premises(Part Leased To You) *Information required to complete this Schedule, if not shown above,will be shown in the Declarations A. The following is added to Paragraph C.WHO IS AN B. The following exclusions are added to Section II- INSURED in Section II-Liability: Liability: 3.The person or organization shown in the Schedule is This insurance does not apply to: also an insured,but only with respect to liability 1. Any"occurrence"that takes place after you cease arising out of the ownership, maintenance or use to he a tenant in the premises described in the that part of the premises leased to you and shown in Schedule the Schedule 2. Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Schedule BP 04 02 01 06 Copyright, ISO Properties, Inc.,2004 Page 2 of 2 POLICY NUMBER: NBP1559393C BUSINESSOWNERS BP 04 97 01 06 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Person Or Organization: Effective Date: 01/11/2023 THE CITY OF HUNTINGTON BEACH,ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS,EMPLOYEES, AGENTS OR VOLUNTEERS 2000 MAIN ST. HUNTINGTON BEACH,CA 92648 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III - Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. BP 04 97 01 06 ISO Properties, Inc., 2004 / , ® DATE(MMroomYY) ACORO CERTIFICATE OF LIABILITY INSURANCE L� 01/19/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement- A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 657-215-3333 657-215-3332 NAMEACT John G Petit John G Petit Insurance Agency Inc PHONE 657-215-3333 FAX 657-215-3332 6013 Warner Avenue A uRless:lpetit@farmersagent.com INSURER(S)AFFORDING COVERAGE HAICR Huntington Beach, CA 92647 INSURER A: United Slates Liability Insurance Company 19087 INSURED INSURER : Mid Century Insurance Company_ 12998 Huntington Beach Downtown Business INSUNERC: Improvement District INSURER O: 315 3rd St. Ste E INSURER E: Huntin ton Beach CA 92648 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE A D R POLICY Err POLICY EXP LIMITS LTR POLICY NUMBER (MMADDAYM IMM1DDNYYY) COMMERCIAL GENERAL LIABILITY ✓ ✓ EACH OCCURRENCE S 1,0000 000 A CLAIMS.MAOE ©OCCUR PREAIISESG�a IF. rancet 5 100,000 NBP1559393 01/11/2022 01/11/2023 MEDEXP one 55,000 PERSONAL B AOV INJURY S 1 000,000 GEM.AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S 2,000,000 POLICY f_I JE l—I LON PRODUCTS-COMNOP AGO S OTHER: S AUTOMOBILELIABILITY COAIBINEO BINDLE LIMIT S {Ea eWdmt ANY AUTO BODILY INJURY(Pa+Ixrsan) $ OWNED SCHEDULED BODILY INJURY(Por accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY _ AUTOS ONLY Par nccidem UMBRELLA LIAR OCCUR EAGIOCCURRENCE S EXCESS LIAD CLAIMSMADE AGGREGATE S DEO FrmIEN TIONS S WORKERS COMPENSATION STATUTE EORH AND EMPLOYERS'LIABILf1Y yJN A0950-61-95 04/20/2021 04/20/2022 B OA PCERR.IEIAB�%QUDEZOXECUTIVE NIA / E.L EACHAC6IDENT S 1.000.000 (Mandatory In NH) Y E.L DISEASE-EA EMPtOYEE S1000000 a))es.desulhe urker DE SCR IPTTONOFOPERATIOVS bebx .. DISEASE-POLICY LU.ID 51 000000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Rems6s Schedule,may Ee attached Timms space Is reyulred) The City of Huntington Beach, its officers, agents and employee are listed as additional insured (see attached) nppROVEO AS TO FORM DV: - MKa1AEl B. GATES " CITY AttORNEY CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach 2000 Main Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach, CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE y0nf), 6F P('�L'� @ 1988-2015 /Av1CORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 657 POLICY NUMBER: NBP1559393B BUSINESSOWNERS 8P04480108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Additional Insured Person(s)or Organization(s): Effective Date: 01/1112022 THE CrTY OF HUNTINGTON BEACH,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES, AGENTS OR VOLUNTEERS 2000 MAIN ST. HUNTINGTON BEACH,CA 92848 Information required to complete this Schedule;if not shown above,will be shown in the Declarations. The following Is added to Paragraph C. Who is An Insured In Section II -Liability: 3. Any person(s)or organization(s)shown In the Schedule Is also an additional Insured,but only with respect to liability for"bodily Injury", "properly damage"or"personal and advertising Injury"caused, In whole or In part,by your acts or omissions or the acts or omisslons of those acting on your behalf In the performance of your ongoing operations or In connection with your premises owned by or rented to you. BP 04 48 0106 ©ISO Properties, Inc.,2004 Page 1 of 1 658 POLICY NUMBER: NBP1559393B BUSINESSOWNERS BP 0402 0106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This ondowement modilos Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Person or Organization(Additional Insured): Effective Dale: 01/11/2022 THE CITY OF HUNTINGTON BEACH, ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES, AGENTS OR VOLUNTEERS 20DO MAIN ST HUNTINGTON BEACH,CA 92M Designation of Premises(Part Leased To You) 209 ACACIA AVENUE HUNTINGTON BEACH,CA 92648 Information required to complete this Schedule, If not shown above,will be shown In the Declarations A.The following Is added to Paragraph C. WHO IS AN B.The following exclusions are added to Section II - INSURED in Section II -Liability: Liability: 3.The person or organlzation shown in the Schedule Is This insurance does not apply to: also an insured,but only with respect to liability 1. Any"occurrence"that takes place after you cease arising out of the ownership,maintenance or use to be a tenant In the premises described In the that part of the premises leased to you and shown In Schedule the Schedule 2. Structural alterations,new construction or demolition operations performed by or for the person or organlzation designated In the Schedule BP 04 02 0106 Copyright,ISO Properties,Inc.,2004 Page 2 of 2 559 UNITED STATES LIABILITY INSURANCE GROUP WAYNE,PENNSYLVANIA Thiscndorsement modifies insurance provided under the fallowing: BUSINESSOWNERS COVERAGE FORM Primary And Non-Contributory-Written Contract Schedule: Effective Date. 01/11/2022 Name of Person or Organization: THE CITY OF HUNTINGTON BEACH,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES, AGENTS OR VOLUNTEERS 2000 MAIN ST. HUNTINGTON BEACH,CA 92648 (If no entry appears above,the information required to complete this endorsement will be shown in lite Declarations as applicable to this endorsement) SECTION III-COMMON POLICY CONDITIONS,Paragraph N. OTHER INSURANCE, is amended with the addition of the following: The coverage afforded by this policy to the person(s) or organization(s) listed above is primary and non- contributory if: 1. This insurance is required to be primary or non-contributory under a written contract: and 2. The loss to be covered occurs on or after the effective date of the written contract; and 3. The loss to be covered resulted solely and exclusively from your ongoing acts or omissions or the ongoing acts or omissions of those acting on your behalf in performing "your work" under a written contract referred to above. 4. The person(s) or organization(s) listed above is an additional insured under this policy. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. BP 172 (07-12) Page I of 1 660 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ ww�v.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk March 29, 2022 Huntington Beach Downtown Business Improvement District Attn: Jaime Strong 315 3111 Street, Suite E Huntington Beach, CA 92648 Dear Ms. Strong: Enclosed is a fully executed copy of the Service Agreement between the City of Huntington Beach and Huntington Beach Downtown Business Improvement District for Management and Operation of the Pier Plaza Artisan Fair approved by City Council on March 15, 2022. Sincerely, 4&�Qnaj� Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand ATTACHMENT #2 _ Rvn,�or City of Huntington Beach zu-A8_417 A1) 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 Subiect: 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 RFO 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 Action(s): 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). Gay of Huntuu]ton Beach Page t of 3 Prwecc on 91 V2021 pwe!WB Leqsar'• File #: 21-625 MEETING DATE: 9/7/202 1 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 5200 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 5100 to S125 per day. Per the City's Master Fee and Charges Schedule in 2009: day use charges for commercial type Specific Events were S1 ,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 51 ,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 RFO to identify the most qualified, responsive and responsible City of Huntington ©each Page 2 of 3 Prinie�dc�o,.n 9!1l2021 uowa� Lemsta r• 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. Strategic 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 Huminglon Beach Page 3 of 3 Primed on 9/1/2021 FOB Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 NOTICE OF A C77ON July 14, 2000 City of Huntington Beach Depai7ment of Economic Development 2000 Main Street Huntington Beach, CA 92648 SURIECT: CONDITIONAL USE PERMIT NO. 00-28/COAS,rAL, DFVFLOPMENT 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 RE UES,r: To permit the relocation of the Farmer's Market and Crafts Faire to Pier Plaza. The event would he 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 1 I, 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 anti 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. (00CL71 I-6) 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 (I) year after final approval, unless actual construction has started. If there are any further questions, please contact Wayne Carvalho, Associate Planner at (7 14) 53 6-527 1. Sincerely, Howard Zelefsky, Secretary Planning Commission U L-0 by: Herb Fauland Senior Planner xc: Property Owner Attachment: Findings and Conditions of Approval RECEIVED .1,;,_ 17 ?000 'v`EPARTMENT OF (OOCL71 I-7) 1CCM10MIC DFVcIG�'F•tPN't 644z FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMTF NO. 00-28/ COASTAL DEVELOPMENT PERMIT NO. 00-07 FINDINGS FOR PRO.IECTS EXEMPT FROM CEOA: 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 (and 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. [t 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.l7• Require the inclusion of uses and elements that contribute amenities for visitors, such as public activity areas and onsite recreational facilities. Policy GU 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. (000,7 t t-s) 6693 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 infrastnicture 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 I)EVEI.,OPMENT PERMIT NO. 00-07: I. The site plan, floor plans, and elevations received and dated May I, 2000 shall be the conceptually approved layout. 2. Prior toeach event, the parking spaces to be utilized for the market shall be clearly posted and signed for Temporary No Parking, (PW) 3. During the event, the following shall be complied with: a. Hours of operation shall be limited to Fridays between 7:00 Alvi to 9:00 PM. b. Provide police or parking enforcement patrols to eliminate parking violations. c. All starids/bouths 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. c. 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) (00CL71 1-9) W4 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 a1 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 right 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: 1. 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 nunimum 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 Planning Department within two (2) days of the Planning Commission's action. (OOCL71 I-10) 60§5 1• ul•v � � - o � o 000___o_____3 . •O Y LL �S 1 O S LL O �g� O 2b 1 r r t' '1 . 1 1 P kL(roi IL6 ' W I' _— ' I I I. I � 1 i n I — of 1 I t I HI 1 I 1 I 1 t — r — t 1 1 1 I a LUP Vla• jf -� PROMOTIONAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAM FREE AND TONI GROAT DBA PIER PLAZA ART A-FAIRS 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 " WI-IFREAS CITY desires to engage the services of a consultant to provide ongoing promotion and management services for the Arts and Crafts Farr 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 05 Ayer Am and Coils rur RLs 2003 119 fid$7 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 l '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 panics 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. EaTMATES AND OTHER DOCUMENT'S CONSULTANT agrees that title to all materials prepared hereunder including without limitation all original drawings designs reports both field and off-ice notices calculations computer code language data or programs maps, memoranda letters and other documents shall belong to CITY and CONSULTANT shall tum these materials over to CITY upon expiration or 2 o)Aga A and C,.A.r'.. R4S 2005 [IS sd9a 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 CONSUI:TANT 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 el 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 riot 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 AWvc Aroa dCn A,rev R1S 2003 I IR Fd999 i 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 slnularly 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 1s provided under a form which Includes a designated general aggregate limp 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 1 I CERTIFICATES OF INSURANCE ADDITIONAL TNSURED 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 0)Agrc Mc and Cnnf Falr R1S 2005 119 6�''k i i I provide the name and policy number ofeach 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 written 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 hercinabove required CONSUUI'ANT shall provide a separate copy of the additional insured endorsement to each of CONSULTANf'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 ifany in connection with the PROJECT and/or the services to be performed hereunder 5 05 A V,c An.and crass hvr R tS 7005 1 1% el 1 13 'TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner 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 In 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 of 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 Goverrirnenr 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 hereinabove) or to CITY as 6 05 A6ee A i end Cna,Fair RLS 1005 119 641k i the situation shall warrant or by enclosing the same in a sealed envelope postage prepaid and I 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 other party via personal delivery a reputable overnight Gamer or U S certified mail-return receipt requested TO CITY TO CONSULTANT City of Huntington Beach Pam Free AYM Director of Economic Development 16381 Forest Bills Lane 2000 Main Street Huntington Beach CA 92649 Huntington Beach CA 92648 and Tom Groat 7242 f lavenrock Drive Huntington Beach CA 92648 306 i i8 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 arc 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 Apc< A b and Cnas rvr a LS 2005 1 1 A Uk 21 rN'rERPRETATION 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 nght 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 onginal instrument as against any party who has signed it 23 rMMIGRAT10N 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 (hired.parer Code regarding employment verification S 05 A 7VI NLL-"CIMt1{Flu RIS100511? r>/ 4 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 Reach City Chat-ter 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 patty shall bear its own attorney s fees such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party 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 ENTLRETY The parries 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 113 this 9 05AVc. Au.d C.NFnu RI S 2W3 I It 6d&5 Agreement and that that party has not executed this Agreement in rehance 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 FE:2erl/}/Lt,/a/, 2006 CITY OF HUNTINGTON BEACH -tJ�do(o a municipal corporation ofthe State of Cahforma. Pam Free ah Individual 0ont-(t;4;at an individual Mayors \ G�o4r _ dba PIER E'I"A7.A ART A-FAIRS Ity er ec APPROVED AS TO FORM REVIEWED AND APPROVED InVI c P C .tom G0J City Atta y z- is .✓' 7Y-I City Administrator INITIATED AND APPROVED !fit?�06 Director of conomic Development 10 OS Agc< Mavid G�Ra F'eu RI,S 1001 I I A tY'� EXHIBITA Exhibit A Protect 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 Arcs 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 subfect 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 Wa PROMOTIONAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAM FREE AND TONI GRANT DBA PIER PLAZA ART A-FAIRS FOR PROMOTION AND MANAGEMENT OF THE ARTS AND CRAFTS FAIR AT HUNTINGTON BEACIf PLEB 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 Bold 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 CopyrighWPatents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification g t9 Section Headings g 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 6�9 AIMENDMENT NO. I TO PROMOTIONAL AGREEMENT BETWEEN "rHE CITY OF HUNTINGTON BEACH AND PAIR FREE AND TONI GROAT, DBA PIER PLAZA ART A-F IRE FOR PROMO"PION AND !MANAGEt\,tENl' OF 'fHE ARTS AND CRAFTS FAIR AT HUNTtNGTON 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-FAIRY 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 14UNTINGTON BEACH AND PAM FREE AND TONI GROAT, DBA PIER PLAZA ART A-FAIRS FOR PROMOTION AND MANAGEMENT OF THE ARTS AND CRArTS FAIR AT HUNTINGTON BEACH PIER PLAZA," which agreement shall hereinafter be referred to as the "Original Agreement," and -1-he 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: I. EXTENSION OF TERilI 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. 09-2083.001163469 1 6820 2. USER FEE, The User Fee referenced in Exhibit A to the Original Agreement shall increase to S 125.00 for each Friday event beginning with the effective date of this Amendrnent No. 1 . REAFFIRMATION Except as specifically modified herein, all other teens and conditions of the Original Agreement shall remain in full force and effect. PN WITNESS WHEREOF, the parties /hereto have caused this Amendment to be executed by their authorized officers on gtml� 2011 . CONSULTANT CITY OF HUNTINGTON BEACH, a PIER A/_A ART A-FAIRE municip corporation of the State of California Bv: Pam Free, an individual y Manager AND (P SUANr TO SFCrw 5 OF THE 0RuGMAL AGREEtitE 'r) ho Groat, an individual INITIATED m ti'D AYPROVEU: Pbirector of Econo Development APP OVLD AS TO FORM: rnl C y Attorney cS�3 • � S � I� � �'i� 09-2033.001f63469.doc 2 68R1 Exhibit A ART A-FAIRS 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. 03-2081oo usa am 9/7/2021 Pier Plaza Arts & Crafts Fairs ITEM #21-625 CITY OF HUNTINGTON BEACH 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 ilAw& Date: ' I 1 6a6 Ap nda lbm No.; 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. 2 687 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: 5125 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. 688 3 9/7/2021 I Ql Questions? 4 689 ATTACHMENT #3 41 -T CITY OF HUNTINGTON BEACH REQUEST FOR PROPOSAL for the Operations and Management of an Artisan Fair in Pier Plaza, Huntington Beach Issued November 15, 2021 Site Visit Meeting Monday, November 22, 2021 at 10:00 AM Pier Plaza RFP RESPONSE DUE DATE: Wednesday, December 8, 2021, no later than 4:00 PM 690 PURPOSE The City of Huntington Beach Community & Library Services Department (City) is seeking proposals from highly qualified individuals or firms with a solid background in outdoor Arts and Crafts Fair planning, development, and promotion, to operate and manage the City's Artisan Fair. This Artisan Fair is located at the "world-famous" Huntington Beach Pier Plaza. The Artisan Fair is currently held most Fridays and some weekends. The Artisan Fair should promote artistry and provide a venue for works of merit. The wares should be unique in design, hand-made by skilled artisans, and not mass-produced commercial items. In addition to qualifications, the City is asking Proposers to provide their vision on how to best provide a family friendly experience for visitors. BACKGROUND The City of Huntington Beach has been home to an Arts and Crafts Fair in the downtown area since approximately 1993. These events started as a means to bring foot traffic into the downtown and to create a positive community atmosphere. The Fair has been a fixture at Pier Plaza since 2000. Offering quality programmed events and activities at the Huntington Beach Pier Plaza (Pier Plaza) and the downtown area throughout the year is a practicable option that has shown success in encouraging residents and visitors alike to patronize the downtown businesses while providing a family-friendly recreational opportunity. QUALIFICATIONS The City of Huntington Beach is seeking proposals from qualified individuals or firms to provide comprehensive management services for an Artisan Fair at Pier Plaza in downtown Huntington Beach. The goal is to create and manage a weekly Artisan Fair featuring locally and regionally produced wares and goods. The information requested in this section should describe the qualifications of the individual or firm and key staff performing projects of a similar size and scope to demonstrate competence to perform these services. Information shall include: Previous Projects Provide a list of previous projects, including the names of key staff that participated on the named projects and their specific responsibilities with respect to this scope of work. Experience Provide a summary of the individual's or firm's demonstrated capability, experience developing, managing and/or operating Artisan Fairs, including the length of time services were provided. l 691 References Provide up to three (3) references that received similar services from you or your firm. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided should include: A. Client Name B. Project Description C. Project Start and End Dates D. Client Project Manager's Name, Telephone Number, and Email Address Staffing and Artisans • Provide a list of key individuals who will be working on this project and indicate the functions that each will perform. Include a resume for each designated individual. • Provide a sample list of past artists who have exhibited for you and provide images of their work with the Proposal. SCOPE OF WORK General Operator shall at all times during the term of the Agreement, at its own cost and expense, provide administration, marketing, and supervision of the Artisan Fair operations. The Operator will cultivate community connectedness and work with artists and the local business community to foster cultural harmony and accessibility. Operator shall curate, produce and manage an Artisan Fair that provides locally and regionally produced artisan wares and goods. Mass-produced goods, multi-level marketing items and craft/art items made from kits will not be permitted. Additionally, City and Operator shall follow all health and safety guidelines and regulations, put forth by the Federal, State, County, and other governmental health agencies. Best industry or management practices may require additional services not noted in this RFP. Additionally, the Proposer is encouraged to propose additional concepts outside of the Scope of Work, in order to enhance the Artisan Fair experience. City will provide a staff member of the Community & Library Services Department as the primary contact for business purposes. Goals & Objectives • The City's objective for the Artisan Fair at Pier Plaza is to provide residents, visitors and artists alike with a fun, friendly, and safe environment where they can enjoy the beauty 2 692 of the surroundings. Please provide a summary of the Firm's goals and objectives for this Event, and how they align with the City's objectives. Administrative • Operator shall obtain and maintain all permits and supporting documentation to satisfy all permitting requirements for the State of California, County of Orange, and the City of Huntington Beach. • Operator shall abide by all Federal, State, and local laws, rules and regulations, and all City policies and directions. • Operator shall adhere to specific safety and security measures as required by the City of Huntington Beach Police and Fire Departments. • Operator shall provide City with quarterly statistical reports, which reflect the total number or vendors, the type of products exhibited/sold, the estimate Fair attendance, and the quarterly gross revenue. • Operator shall conduct outreach to identify artists who make hand-made products and who will diligently display and sell their wares at the Artisan Fair. Note: Products that are not hand-made by an artist cannot be offered for sale at the Artisan Fair. • Operator shall not allow the sales of alcohol; CBD products; smoking, or vape paraphernalia or products. • Operator shall participate in an annual evaluation and review of the operation by the City. Operations & Maintenance • Operator shall operate the Artisan Fair year-round on most Fridays, with the opportunity for additional weekends each month and the occasional extended holiday weekend when available. As a reference, in the past the Fair has ran approximately 48 Fridays per year, 34 weekend days, which included holiday Mondays on President's Day, Martin Luther King Day, Memorial Day, Labor Day, and Veteran's Day. (Note: This information is a sample only and not intended as a verified schedule.) • The City may request at times throughout the year that Operator conduct an Artisan Fair to accompany other City-sponsored activities. The Operator will strive to operate the Artisan Fair when requested. • The Artisan Fair shall be developed annually upon mutual agreement of both Parties. City and Operator will review the schedule quarterly to keep the Operator apprised of additional Pier Plaza and beach events, and/or additional opportunities for Artisan Fair business. • 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 Artisan Fair. 3 693 • Operational hours will be mutually agreed upon based on seasonal time changes. Operator may propose additional activities/events to enhance the Artisan Fair experience, including evening hours when available. • The City reserves the right to change the schedule due to Specific Events, weather, natural disaster, facility issues, or other acts beyond the City's control. • In most cases, City will notify Operator 7-days in advance, should modification be required to the date or location of the Fair. • Selected Operator is expected to provide all essential materials that are in line with best management practices for a professionally run Artisan Fair, including but not limited to uniform tents/booths (which are equal in size and shape), tables and signage, in order to maintain a cohesive aesthetic. • Operator shall provide on-site supervision the day of the event(s). Operator shall coordinate all logistics including setup, take down, and move-in and move-out of vendors. • Operator shall prevent unauthorized vendors from participation in the Artisan Fair. • Operator shall maintain the cleanliness of the property and leave it completely clean and free of trash and debris after each day's event. • Operator shall use trip-guards with all cables, cords, hoses, wires, and conduits where applicable. These items are not permitted to cross pedestrian pathways. • Signage - Per M.C. 13.48.140 (Advertising), limited commercial/sponsorship signage may be considered by the Director or their designee. • Operator must provide access in accordance with requirements set forth by the Americans with Disabilities Act (ADA). • Operator will see that Vendors unload and load merchandise from the location where the parking lot meets Pier Plaza. Vendors may not drive onto the Plaza. • No sales may be conducted after the conclusion of the event. • Food or beverages may not be sold or given away to the public at Pier Plaza without prior approval by the Director or their designee. • Polystyrene (commonly referred to by the trade name Styrofoam) is prohibited at all events on public property and within City facilities. This prohibition shall apply to event organizers, agents of the event, event vendors and any other party who enter into an agreement with one or more of the sponsors of the event to sell or provide goods, food, or beverages at the event. Marketing & Outreach Contractor shall provide the following minimum services: • Design, publish and distribution of marketing materials and vendor forms. Materials to include print and digital media platforms. City will assist Operator with social media 4 694 marketing through the City's platforms. Logos and branding materials must be approved by City staff. • Operator shall design and operate a website for the Artisan Fair activities that may include, but are not limited to, vendor registration; upcoming events; past, present and future artist lists and their public contact information. An example of the website should be included with the proposal. • Dissemination of social media and public relations material shall be approved by City staff prior to any press release dissemination. City reserves the right to have Operator remove any marketing or messaging that is not in line with the City's core values. • Operator shall provide at least one free space each Fair occurrence for use by the City of Huntington Beach and/or its partners, if requested. Merchandise and Contracting of Vendors • Operator shall not permit merchandise vendors that do not meet the Artisan Fair criteria. • Operator may include artisanal consumable products, applicable to all County of Orange Health and Food Safety permits and regulations. • Operator will prepare and distribute any required forms to vendors for registration and exhibition, rules and regulations, and health and safety, prior to contracting with artisan vendors. Fees and Financial Terms • Proposer understands that in lieu of permit fees, the City of Huntington Beach intends to enter into a revenue sharing agreement with selected Operator(s). Operator shall provide a recommended business model to include revenue-sharing opportunities paid to the City. • Operator shall be responsible for collection and payment of all fees, including, but not limited to, all booth and events fees, artwork and artisan product sales, payment of all appropriate sales taxes, etc. • Operator shall maintain a current business license on file with the City during the term of the agreement. • Operator shall verify that all artisan vendors maintain a current sellers' permit, listing the Huntington Beach as the point of sale. • Operator shall keep copies on file of sale receipts pursuant to State requirements. Independent Contractor/Staffing • Operator shall be retained as an independent contractor and will not be considered an employee of the City of Huntington Beach. Operator is responsible for any and all staff 5 695 hired to work the Artisan Fair, and shall be responsible for following best labor practices in accordance with the State of California labor laws. The Site • The Artisan Fair is located in Pier Plaza, which is northwest of the Huntington Beach Pier entrance and north of the Pier Plaza Amphitheater. The Artisan Fair site and its immediate surroundings are shown in Exhibit A aerial map for reference. ROLE OF ARTISAN FAIR OPERATOR AND CITY The selected Operator will provide comprehensive development and management services that result in a weekly Artisan Fair at Pier Plaza in downtown Huntington Beach. The Operator will be responsible for, but not limited to, recruitment of appropriate artisan vendors, development of a marketing image and plan, establishment of an Artisan Fair website and social media platforms, Fair setup and takedown, regular reporting to the City of Huntington Beach, scheduling of special activities and participation in downtown events, among other duties. Operator will also be responsible for all permitting, insurance, tax liability and other items related to operation of the Artisan Fair. Operator will regularly confer with inspectors to ensure safety and proper food sanitation practices. Operator will be expected to stay in communication with adjacent businesses and strive to coordinate with and maintain a positive and productive relationship with the business district. The City is committed to facilitating the ongoing presentation of an Artisan Fair by any reasonable means, including possibly offering assistance in the form of advertising, assistance with communications, assistance with access to power, potable water, etc. SELECTION PROCESS The City reserve the right to select more than one firm, should it be in the best interest of the project. RFP Assessment Process • The City's contractor evaluation and selection process is based on Qualifications Based Selection (QBS) for operational services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: • Compliance with RFP requirements. • Understanding the project. 6 696 • Recent experience in conducting similar scope, complexity, and magnitude for other public agencies. • Price. • References. The City may also contact and evaluate the Proposer's and subcontractor's references; contact any Proposer to clarify any response; contact any current users of a Proposer's service; visit any site the Proposer may currently manage; solicit information from any available sources concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The evaluation committee shall not be obligated to accept the lowest priced proposal, but shall make an award in the best interest of the City. After written proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the proposal. The individual from your firm will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. A Notification of Intent to Award may be sent to the selected Proposer(s). Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring vendor or withdraw the RFP. This Request for Proposal (RFP) will be governed by the following schedule: Release of RFP November 15, 2021 Pre-Proposal Site Inspection November 22, 2021 Deadline for Written Questions by 4:00 PM, November 29, 2021 Responses to Questions Posted on Website December 2, 2021 Proposal Due by 4:00 PM, December 8, 2021 Tentative Interview Date (if needed) December 15 2021 Proposal Evaluation Completed December 17, 2021 Approval of Contract January 2022 NOTE: A Pre-Proposal Site Inspection will be held at 10:00 AM PST, on Monday, November 22, 2021 at Pier Plaza in Huntington Beach. Attendance is optional, however, highly recommended. Copies of the RFP will NOT be available onsite. 7 697 The purpose of the site inspection is to give potential Proposers an opportunity to become familiar with any conditions, which may affect performance and pricing, and to prevent any misunderstanding of the City's position. Submission of an offer will be prima facie that Proposer did, in fact, make the pre-proposal site inspection and is aware of all conditions. QUESTIONS AND INQUIRIES REGARDING THE RFP: All questions and requests for clarifications, changes, exceptions, deviations to the terms and conditions set forth in the RFP must be submitted in written form prior to the "Questions Deadline" listed above for response. Questions are to be submitted through the PlanetBids Q&A tab no later than 4:00 PM, November 29, 2021 for consideration. The sole point of contact for this Request for Proposal is: Jennifer Anderson City of Huntington Beach, Finance Dept. (714) 374-1569 Email:Jennifer.Anderson@surfcity-hb.org From the date that this RFP is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City Council Member or City employee other than the contracting officer listed above regarding the RFP, except during the pre-proposal site visit. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted and no response other than written will be binding upon the City. TERMS AND CONDITIONS Agreement Terms The Community & Library Services Department for the City will administer the agreement. Pending the quality of proposals received and cost for services, the City may enter into a three (3) year agreement with an option to renew the service upon mutual agreement for an additional one (1) year term, but not to exceed two (2) additional renewal terms before opening the project up for rebid. Amendments The City reserves the right to amend this RFP prior to the proposal due date. All amendments and additional information will be posted to the PlanetBids website https://www.planetbids.com/portal/portal.cfm?CompanyiD=15340, bidders should check this webpage daily for new information. 8 698 Cost of Preparing Proposal The cost for developing the proposal is the sole responsibility of the Proposer. All proposals submitted become the property of the City. Contract Discussions Prior to award, the apparent successful firm will be required to enter into discussions with the City to reach agreement on details, to include, but not limited to, final logistics, hours of operations, and revenue sharing terms. These discussions are to be finalized and all exceptions resolved within approximately 2-4 weeks from notification. If no agreement is reached, the proposal may be rejected and discussions will be initiated with the second highest scoring firm. See Exhibit "C" for a sample agreement. Financial Information The City is concerned about bidders' financial capabilities to perform, and, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm's financial capabilities. Insurance Requirements City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Insurance Requirements, Exhibit "D". For full details of City's Insurance Requirements, see Resolution 2008-63. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Award and discussions will be initiated with the second highest scoring firm. Note: Please carefully review the Sample Agreement and Insurance Requirements before responding to the Request for Proposal enclosed herein. The terms of the agreement, including insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Proposal must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Proposal. Ethics and Conflicts of Interest Operator shall discharge their duties impartially so as to ensure fair competitive access to the Artisan Fair opportunities by interested vendor or artist. Moreover, Operator shall conduct business in such a manner as to foster public confidence in the integrity of City programming and activities. 9 699 Operator shall not solicit, demand, accept or agree to accept from any other person a gratuity or benefit in connection with the Agreement. Employees are prohibited from engaging in any outside activities that conflict with, or have the appearance of conflicting with, the duties assigned to them in the employment of the City. • Please do not ask employees for any special favor or consideration that is not available to every other citizen. • Please do not ask an employee to disclose any information that is not available to every other citizen through normal public information channels. • Please do not offer to compensate the employee by offering to hire or do business with any business entity of the employee or family member. • Do not ask employees to represent you or your company or make any recommendations on your behalf other than those that are a part of their official duties with the City. • Please do not ask employees to endorse the products or services of your company. • Please do not ask employees to hand out or post advertising materials, unless designated. PROPOSAL GUIDELINES Interested Proposers are to provide the City of Huntington Beach with a thorough proposal using the following guidelines: Number of Proposals Submit one (1) PDF file format copy of your proposal in sufficient detail to allow for thorough evaluation and comparative analysis. Proposal Format Proposal should be typed and should contain no more than 20 typed pages using a 12-point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the bidder's response: • Proposer Application Form and Cover Letter - Complete Exhibit "B", "Request for Proposal- Vendor Application Form" and attach this form to the cover letter. A cover letter, not to exceed two pages in length, should summarize key elements of the proposal. An individual authorized 10 700 to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the Contractor's office located nearest to Huntington Beach, California and the office from which the project will be managed. • Background and Project Summary Section - The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work of this RFP for details. • Methodology Section - Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP. The Methodology Section should include: o Implementation of a plan that describes: • The methods, including controls by which your firm manages projects of the type and size sought by this RFP. Methodology for soliciting and documenting input from internal and external stakeholders and how you will address both positive and negative feedback. • And any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. o A detailed project schedule identifying the rollout of all tasks and deliverables to be performed. o Provide a health and safety plan describing your ability to ensure the safety and security of participants, visitors, and staff with emphasis on emergency response, first aid/CPR/AED, or other official certification or permit requirements. o Provide in detail, the firm's methodology for selecting artisan vendors. o Provide your firm's methodology for attracting attendees, including local residents and visitors alike. o Provide your firm's methodology or proposal for creating ancillary activities to make and keep the Artisan Fair a fresh and new experience for visitors. CONDITIONS FOR PROPOSAL ACCEPTANCE This RFP does not commit the City to award a contract or pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP to negotiate with any qualified source or to cancel this RFP in part or in its entirety. All proposals will become the property of the City of Huntington Beach, USA. If any proprietary information is contained in the proposal, it should be clearly identified. 11 701 EXHIBIT "A" SITE LOCATION Pacific Coast Hwy and Main Street (Entrance area to Huntington Beach Pier) 12 702 APPENDIX B REQUEST FOR PROPOSAL VENDOR APPLICATION FORN'I TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR Leal Contractual Name ol'Corporation: Contact Person For Aereement: Corporate Mailing Address: City. State and Zip Code: E-Mail Address: Phone: Fax: Contact Person For Proposals: Title: E-Mail Address: Business Telephone: Business Fax: Is your btlShleSS: (check one) ❑ NON PROFIT CORPORATION ❑ 17OR PROFIT CORPORATION IS your business: (check one) ❑ CORPORATION ❑ LIMITED I-IA131LITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PRO13RIETORSFIIID ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I of 2 704 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written auth01-ization/1-esolution to sign contracts) Names Title Phone Federal "fax Identification Number: Cite of Huntington Beach Business License Number: (If none. you must obtain a Hunting,,ton Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 2of2 705 APPENDIX C SERVICE :�GREEMEN'I' BE'1'N'EEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREE\9EN'1' ("Agreement") is made and entered into by and between the City of Huntington Beach, it municipal corporation of the State of California. hereinafter called "City." and a California Limited Liability Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain it Contractor having special skill and knowledge in the field ofjanitorial and porter services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from it comparable company or fine in the field. Contractor has been selected to perform these services pursuant to Huntington Beach ii4unicipal Code Chapter 3.02. N'O\V, THEREhORE, it is agreed by City and Contractor as follows: 1. Scone of Services Contractor shall provide all services as described in Exhibit "A." which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates - who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign it staff coordinator to work directly with Contractor in the performance of this Agreement. 17-6145/170197/1 1/2 S/17/DO I 707 3. Compensation I . City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "13." The total sum to be expended under this Agreement, shall not exceed per year for any one year during the term of this Agreement, with a year aggregate total not to exceed amount of b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit "B." d. Term Time is of the essence of this Agreement The services of Contractor are to commence , or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if inutuall_y agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receivinc, written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans. Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, tanguage, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 17-6145/170197/II/28/17/DO 2 708 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature. however caused, including those resultimg from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor. caused in whole or in part by anv negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861. Contractor acknowledges awareness of'Section J700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation: Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such \vorkcrs' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to Cite a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liabilitv Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend. hold harmless and indemnify City. Contractor shall obtain and furnish to City. a policy of general public liability insurance. including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor. its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One tMilhon Dollars (S1,000,000) per occurrence. If coverage is provided under a form which includes it designated general aggregate limit. 17-6145/170197/11/2S/17/DO 3 709 the aggregate limit must be no less than One Million Dollars (S 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 (S 1.000.000) for this ProjecUService. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that ally other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self' insured retention, or it "deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liabilitv Insurance Contractor shall obtain and furnish to City all automotive liability insurance policy coverino the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars (S 1,000,000.00) per occurrence and it separate "Additional Insured Indorsement" page listing both the policy number anti naming the "Cite of lhmtington Beach, its officers, elected or appointed of/icials, emlAvees, agents and vole Leers' as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention. "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing perfonnance of the work hereunder. Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement: the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force: and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 1 7-61 a>/170197/1 1/28/17/DO 4 710 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes. social security, state disability insurance compensation, unenmployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, ifany, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This A(-Yreement may be terminated by the City upon thirty (30) days written notice of termination. In such event. Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt ofsuch notice of termination, subject to the following conditions: a. As a condition of-such payment, the Director may require Contractor to deliver to the City all work product conmpleted as ofsuch date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of' performance specified in the Recitals of this Agreement. 15. Exclusivih, and Amendment This Agreement represents the complete and exclusive statement bctNvecn the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agrecnment may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 1 7-6 145/1 70197/1 1/2S/17/DO 5 711 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate. or subcontract anv interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Emplovees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Anv notices. certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section I hereinabove) or to City as the situation shall warrant, or by enclosing the same in a scaled envelope. postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Attn: Attn: 2000 ,Alain Street Huntington Beach, CA 92649 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17-6145/170197/11/23/17/DO 6 712 21. Section Headings The titles. captions, section, paragraph and subject headings. and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe. or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning. and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to inchtde 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 anv conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as a"ainst any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular. comply with the provisions of the United States Code regarding employment verification. 25. L.ekal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach Cin- Charter Section 309, the City Attorney is the exclusive legal counsel for City; 17-6145/170197111/2S/17/D0 7 713 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recol-Inizes that in the performance of its duties under this Agreement, it must COnducl its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex. marital status, sexual orientation, age, national origin, ancestry, or disability. as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction — Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and consu'ucd in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of' the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection .with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 1 7-0 145/1 70 197/1 I/2 S/17/DO S 714 30. Attornev'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 attornev's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Shmatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not. in fact, held by the signatory or is withdrawn. 34. Lntirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive ann'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, aurcements or warranties, oral or otherwise, have been made by that party or- anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this .Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if'fully set forth in the bodv of this Agreement. 17-6145/170197/11/28/17/DO 9 715 35. Effective Date IN WITNESS WI IE'RFOF. the parties hereto have caused this Agrcemment to be executed by and through their authorized officer.,. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACI-La municipal corporation of the State of a California California limited liability corporation 13V: Mavor Print name ITS: (circle one) Chairman/President/ Vice President City Clerk AND By: WTIATFD AND APPROVED: Print name ITS: (circle one) Secrctary/Chief Financial Officer/Asst. Secretary-Treasurcr Director of APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manaeer 17-6145/170197/1 1/?S/17ID0 10 716 APPENDIX D CITY OF I1UNTINGTON BEACH INSURANCE ItEQUIREIiN'IEN'I'S ;\Minimum Insurance Requirements Vendor Type Additional Automobile I'rofessin nal Properly Insured Liability General Liability Liability Insurance S',•urkers' Comp Endorsements Nutningmn Beach C7(r Council Resolution No. 2008-63 requires subminal uJ'certiJie ate.s of insurance evidencing the fallowing mininuon limir% with a C'alifnntia admitted carrier with a current 11.,1L Rest's Rating of no less than A:I'll. See Exhibits AI -J fin'sample fitrm s. Email:Jtnsrin.ll'rr.raG nsurfi'itt•-Inborn nr Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. An deductible other than those allotted in this matrix-.,%elf-insured retentioms or similar fire o uf'eoverage limitations ar modiJicuumis mum he approved/{v the Risk ,Nnnuger and Qw,Arwrnm•of the CaY of Huntington Beach. NOTE: (fairer%and/or modification.are drsrouraged and will he considered anit'under ewrtum inan• cirrumsiahnce,%. Contractol-S: Any persons or entities who Nlininuum of, Combined single limit As rcquircd by Include the contract with the City and/or provide services to $1,000,000 per bodily injury and the State of policy number the City which arc readily available and oecunencc ter property danmge. Calilbrniu, with and Additional elficienth•procured by competitive bidding. bodily injury, Nlininuml of Statutory Limits Insured personal injury S1.000,000 per and Employer's I ndorsemcnl and property occurrence. Allows Liability Requirement Fermi i011 to Any persons or entities who make diuogcs. Allows up to $5.000 Insurance with statement application to the City fur:m'i use of, up to $1,000 deductible, a limit of no below. (Set,Note emcroacCitcnl upon any public street, wamrn•'t)•' dcductihlc.(.S'ce (Additional Insured less than 3 below.) pier, or City'properly. Now 1 below.) h"I'lorsulnen I is alto rs S 1,000,000 pet Vendors: Any persons or enlitics who transfers required with General accident tit property or goods to the City which may or may Liabilirr his.) bodily injury ur not involve delivery and/or installation, disease. (See Note 3 helm%.) NOIe 1 -Automubilc Liability: The City of I-Iuntiogton 13c;rch, its oflicem elected or appointed officials, employees. agents:md voluntccrs must be named as certificate holder and as additional insured by separate auachcd cndorsentcnt. PCI'MitICe5 who do 1101 use vchicics or equipment in connection with the permit Shull not be required to provide auto insurance. To be exempt from this requirement, pernliuces must execute a declaration such as Exhibit I :mashed. Note 2 - Workers'Compensation Exemption: If entity has no employees. a signed Declaration of Neon-E mployce Status form is required. Note 3 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents. and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of'acdon perl'ormcd by or on behalf of the contractor. products and completed operations of the contractor, premises owned, occupied or used by the contractor, or autonwbiles owned. leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope ol'protection at orded to the City. 718 I18 Inxtrance V1a%is_rcriscJ 4-7-I6(2).xtsx 1 off CITY OF 1-IUNTINGTON BEACH INSURANCE I1EQUIRF.i1'IENTS Minimum Insurance Requirements Vendor Type Additional Automobile Professional Property Insured Lia biIiry General LiabililY Liability' lusunutce Workers' Comp I?ndorsemenis Huntington !teach Cite Council Resolution No. 2008-63 requires.submittal of certificates of insurance evidencing theJuUmving minimum llmirs with a California admitted carrier with a current A.bl, Be.%t's Ruling of no less than A:VlL see ErhibiA Al -4 for sample firnns. Email:Justin.Wessels uxurfi*l•-hb.nrq ur llcadrer.Cnugrhel/ surJiriry,•-hh.org Phone: 714-374-5378 or 714-536S21O. Fax: 714-536-5212. Any deductible other than thane uUmved in this nuuri.r,.eel(-insured retentions or siurilar firnu.s of coverage limilmiuus or mudificalions mural he approved hp lire Risk ,1/uuagrr and City 4uornrl'of!leer Ci11'of lluruington Rcuelr. NOTE: 11'uirers and/or morliJirntiuns are discourager!and will be cou.ridered Dolt carder v.t7rnordinrut elrclrUl.11ane'es. Design Professionals: Piotussional service Nlinimtml of contractors who contract with the City ;md/or S1,000,000 per provide ;uchitccimal and/or engineering services occurrence and to the City. in the Professional Services: Services that involve aggregate. Allows up to file exorcise ofprolcssionttl discretion and SI0,000 independentjuctgnlent based on Ml ❑dvanced of (fCdnClib1C. specialized knowledge, expertise or training gained by Ibnnal studies or experience or services which are nol readily or cllicicntly procured by competitive bidding pursuant to 1113 N•funi Code 3.02. Services includes but arc not limited to those services provided by appraisers, architects, attorneys,engineers, insinictors. insurance advisors, physicians and other specialized consultants. Claims made policies arc acceptable if the policy further provides that I) The policy retroactive date coincides with or precedes the professional services con(ractor's star of work (including subsequent policies purchased as renewals or replacements). 2)The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including file requirenlenf ol'adding all additional insureds. 3) If insurance is tenninafcd Ibr any reason. professional services contractor agiecs to purchase an extended reporting provision of-al (cast two (2) years to report claims arising from work performed in connection with this agreement or permit. 4)The reporting of circumstances or incidents that might give rise to finure claims. 719 I III Insuemcc ALuris_rcvised 4-7-16(2)..Jss 2 of 4 CITY Oh HUNTINC-1'ON BE'ACII IINSIIILkNCE RGQUIREIiN9GN'I'S Mininium Insurance Requirements Vendor Type I additional A lit mile bile Ih•o fessi on al Pro poly Insured Liability (hmeral Liability Liability Insurance Workers' Comp Endersenwnts Ilu lingion Bench Ciy Council Resolution No. 2008-/i 4 re lluirrs.aubmiltal of eerlificates of insurance evidencing theJellowing minimum limits with a Calilornia admitted carrier with it current A.M. Bemt's!hating 01,110 less than A:VII. Sec Evltibitc AI -d Jar maniple forms. Iattail:Justilh.Il'ex.celm a surfi•ill'-hb.org or/leather.Cnmphcl a.rarJi itr-hh.org Phone: 714-t 7d-5 i 78 or 714-5 76-i21l1. Fax: 71 J-i36-5212. Arty•deductible other than theme allowed in thi,a tuatri.r,self-insured retentions er sintilar fimns of coverage limianions or amdiitication.c must be approved by the Rick ,Manager and City Atlorney of the City,of Huntington !tench. NOTE: Waivers cud/or modifications are discouraged rued it-ill he considered only under extraordinary circumstances. Licensees/Lessees: Any persons or entities Combined single limit Pull As required by Include the who contract n-ith the City for the use of public bodily injury and replacement the State of policy numher properly. property damage. cost with no Califixnia- with and Additional iAlininitnn of coinsurance Statutory Limits hlsured S 1.000.000 per penally and Employer's Endorse[lie lit nCCnrfCncC. Allows provision. Liability Requirement up to S5AOO Insurance with statement deductible. it linlit of no helow.(See Note (Additionrtl Insurance less than 2.) Endocsemeut is of wav's S 1,000.000 per required with General accident for Liability Ins.) bodily injury or disease. (,See Now I below.) Note I - Workers'Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status lorm is required. Note 2 - Additional Insured Endorsement Requirements: The City, its officers, elected err appointed officials. employees, agents, and volunteers are to be covered as addilion:d insureds by separmc attached endorsement(s) as respects liability arising out of action performed by or on bch;d('of the contractor. products and completed operations of the contractor, premises owned. occupied or used by the contractor, or automobiles owned. leased or borrowed by the contractor. The coverage shall contain no Special limitations on the scope of protection aflorded to the City. 720 118 Insurance Mains—revised 4.7-16(2).xlss 3 o1'4 CITY OF HUNTINGTON BEACFI INSURANCE REQUIRE.MEN1'S Huntington Beach Ctr Council Revolution No. 2008-63 requires submittal of certificates of insurant e evidencintl the fallowing minimum limits with a California admitted carrier with a current:1.:1 t Best's Ratin'-of ito less thaw:l:11H. Aqv deductible other than those allowed in this marriv, self-insured retentions or similar fitrws of coverage limitations or Modifications inust be approved ki,the Rick dlanuger and Cip'Attornev of the City of Huntington Beach. NOTE: Waivers and/or modifications are discauruged mid will he considered only under evtraordinan•circunotancec. Vendor Type Minimum Insurance Requirements Professional Liability Design Professionals: professional service contractors who \4ininuun of S 1.000.000 per occurrence and in contract with the City and/or provide architectural and/or the aggregate. Allows up to S 10.000 deductible. engineering sen•ices to the City. Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by fornml studies of experience or services which are not readily or efficiently procured by competitive bidding pursuant to 1-113 ibluni Code 3.02. Services includes but is not limited to those services provided by appraisers. architects. attorneys, engineers, instnutors. insurance advisors, physicians and other specialized consultants. Claims made policies are acceptable if the policy further provides that: I)The policy retroactive date coincides with or precedes the professional services contractor's stars ofssork (including subsequent policies purchased as renewals or replacements). 2)The professional services contractor will make even-effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor a.:rces to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. 4)The reporting of circumstances or incidents that might give rise to future claims. 721 11B InSarInce Ntntri< revised 4-7-16(2).xfc,\ 4 of4 ATTACHMENT #4 REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW E CURRENT VI-NDOR Legal Contractual Name of Corporation: HB Downtown Business Improvement District Contact Person for Agreement: Sarah Kruer Corporate Mailing Address: 315 3rd St., Suite E City; State and zip Code: Huntington Beach, CA 92648 E-Mail Address: hbbidexec@gmail.com Phone: 323.365.0996 Fax: Contact Person for Proposals: Sarah Kruer Title:Executive Director E-Mail Address: hbbidexec@gmail.com Business Telephone: 323.365.0996 Business Fax: Is your business: (check one) NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION ❑ LIMIT-ED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION 1 or? 722 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Brett Barnes President 714.366.3853 Kelly Miller Treasurer 828.230.3852 Stuart Goldberg vice President 323.382.8610 Janice Tugaeon Secretary 857.891 .9181 Federal Tax Identification Number: 74-3214964 City of Huntington Beach Business License Number: A274961 (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Fxpiration Date: 9/30/2022 2of2 723 a Wednesday, December S, 2021 Comnwnity & Library Services Department City of Huntington Beach Re: Proposal for Artisan Fair in Pier Plaza Dear Community & Library Services, The intersection of Alain Street and PCH in Huntington Beach is one of the most iconic addresses in the state, if not the country. The weeklv Pier Plaza Artisan Fair presents a u'enlendous opportunity to showcase high-quality local creative talent in an engaging, family- friendly environment with the appeal of regionally produced wares that enable guests to connect with Surf City USA in a fresh way. Event Fusion and the HBDBID collaborated on this proposal to bring you proven operational, marketing, and management experience with deep ties to the I-IB community. Our vision is the Surf Cite Collective, an artisan market with dynamic programming and community engagement designed into the concept through the Four Corners. The Four Corners are Gathering. Giving. Creative, and Learning. These create a foundation of welcome, inspiration, philanthropy, and idea sharing through music, art, non-profits, community groups, and education that will appeal to all age groups. Visitors want to go where locals are. The Surf City Collective is focused on the curation of regional products, artisans, non-profits, performers, and civic leadership that provides an imitation to experience Surf City USA in a friendly, memorable way. The mission of the Surf City Collective is expressed in its tagline: Art + Music + Culture + Local. This experience will provide fresh opportunities for local engagement and delight visitors with a uniquely authentic experience. As Huntington Beach prepares to welcome the Olympic Games in 2028, the Surf City Collective will be a cornerstone of the athlete, media and visitor experience. The Surf City Collective is in alignment with the City's goals and objectives. As described in the methodology section. SCC will carefully cultivate a marketplace that features high-quality artisanal merchandise from an entrepreneur that has a proven ability to attract a following online and in real life. With the Four Corners, there is weekly engagement with local creatives, non- profits, and educators along with a dedicated space for the City of HB and its partners. The HBDBID will create a dedicated SCC task force to ensure residents, businesses, visitor services and management are working together to adjust, enhance, and expand as needed based on direct feedback. Event Fusion and HBDBID have identified three channels of revenue — vendor fees, 724 a sponsorships, and merchandise sales — with a profit-sharing model of 20-29% with the City of FIB depending on the channel. The attached bud.get provides greater detail. To ensure an aesthetic that is aligned with Surf City and Downtown FIB brand guidelines, HBDBID will invest funds from the City of FIB COVID-relief grant received earlier this year. Surf City Collective has established a "seaglass" color palette with accents of orange and white. Vendors will be required to purchase a new white exhibit-grade tent or provide a receipt showing their tent was purchased within the past 90 days to be an exhibitor. All marketing efforts will be integrated with Downtown FIB and managed by HBDBID to create greater cohesion with Pier Plaza and the local business community. Strong existing relationships with the City. HBPD, and HBPD ensure a thorough understanding of and compliance with city, county and state safety protocols. The proposal price will be valid for at least 180 days. Appendix A- Budget is attached for your review. Appendix B- Marketing concepts are attached for your review. Appendix C- Sample vendor list with photos. On behalf of Event Fusion and HBDBID, thank you for your time and consideration. Sincerely, Sarah Kruer Executive Director, HBDBID 725 a Proposal for Artisan Fair Pier Plana Background and Protect Summary Section • Understanding of The City and Purpose of the Artisan Fair o The HBDBID and Event Fusion understand that Pier Plaza is an iconic location within the City of Humington Beach and that the purpose of this RFP process is to secure an operator, marketer, manager who can develop an identity and aesthetic that is a fresh, welcoming. inclusive expression of Surf City. The Artisan Fair will be a weekly destination for locals and visitors because of the authentic, quality merchandise produced by regional vendors along with engaging activations. community connections and entertainment. The consistent operation of an inviting, quality Artisan Fair directly complements the brand of the City of HB. Nlaintaining a balance emphasis on attracting locals and visitors contributes to Downtown HB functioning as a daily or weekly destination for residents. not as a tourist attraction. Beloved local events attract tourists. The HBDBID's recent experience with Surf City Nights and Event Fusion's experience with Surfin Sundays (among others) demonstrates this understanding. • Work to be done o If awarded the opportunity to operate, manage, and market the Artisan Fair at Pier Plaza, I-iBDBLD and Event Fusion envision a 90-day period of development and planning to ensure a successful experience debuts week one. Surf City Nights will .,open for the season" the Tuesday after daylight savings, March 15, 2022. and we would recommend that the Artisan Fair begin its new operation that Friday, March IS, 2022. o A detailed plan for marketing, management and operations is included in the methodology section of the response. Qualifications Previous Protects • Surfin' Sundays • Vendor Manager • 2001 — Present: Jodi McKay. SurfCitv2@verizon.net. 714337.9176 • Surf City Splash • Vendor Manager • 2001 — Present: Jodi McKay, SUrfCitv2@verizon.net. 714.337.9176 • Faith Traders • Event Founder and Vendor Manager • 2020— Present Jodi McKay, SurfCitv2@verizon.net 714337.9176 • Surfboard Builders Hall of Fame • Vendor Manager • 2019 — Present: Jodi A9cKay. SLirfCitv2@%'ci-izoti.net. 714.337.9176 • He'e Nalu Aloha Festival • Vendor Manager • 2017 — 2013: Jodi McKay, SurfCitv2@%7erizon.net. 714.337.9176 • Breitling Huntington Beach Airshow • Beach Logistics Project NIanager and Hospitality/ Vendor Manager • 2016: Jodi [McKay. SurfCitv2@verizon.net, 714337.9176 726 a • I" Annual Rock-in Fig Vintage Surf Festival • Event Operator, Manager. Marketer • Oct. 2020— Present: Jaime Strong, marketingmana,er@hbdowntown.com, 949.295.3851 • Surf City Nights • Market Operator, Manager, Marketer • March 2021 — Present: Jaiute Strong, ntarketingmanager@hbdowntoa,n.com, 949.295.3851 Areas of Expertise • Work with a committee to create and share vision, plan, responsibilities, and goal • Create detailed site map ensuring City. Fire. Police, ADA and security compliance • Create and implement rules and regulations criteria for artisan vendors • Create standard practices and operating protocols • Vendor curation, identification, negotiation, and management • Foster creativity • Create synergy and harmony within the marketplace • Implement an If I were the customer" mentality Experience/ Resumes of Kev Staff Sarah Kruer Executive Director, HB Downtown Business Improvement District Prior to joining the Huntington Beach Downtown Business Improvement District as Executive Director, she amassed more than two decades of distinguished marketing and development experience at some of the best brands in hospitality including Visit Newport Beach, South Coast Plaza, and Preferred Hotel Group. As VP, Marketing LN: Communications for Visit Newport Beach, Kruer managed the PR, digital, media, content, and travel trade teams for four distinct business units. She led the development of an expanded international strategy and revamped brand identity while ensuring that the team was exceeding goals on a regular basis. Previously, as Director of Tourism Development at South Coast Plaza. Kruer was responsible for branding the renowned center as a must-visit destination, while increasing overall shopper visitation through a variety of tourism channels at the national, state, and local levels. Prior to that, as VP, Marketing for Preferred Hotel Group. Krner was responsible for global brand strategy and identity, PR, corporate communications and creative services. A graduate of Vanderbilt University. Kruer is fluent in French, slowly learning Spanish, and passionate about travel and culture. She has visited more than 20 countries and possesses an enthusiastic appreciation for great food and wine, interesting people, and memorable music. Jodi McKay 727 a Principal, Event Fusion For 20 years Jodi McKay has successfully created, produced, and operated Artisan Pairs in the City of Huntington Beach. She is passionate about collaborations that strive to enhance and bring the community together especially through expressions of art and culture that reflect the unique surf-centric lifestyle of Huntington Beach. Having lived, worked, and volunteered in Huntington Beach for 35 years, NIcK'ay has been a local business owner and fortunate to establish lifelong friendships and partnerships through many collaborations. Nmnerous experiences, particularly with Surfboards On Parade, Huntington Haunt, and the inaugural Breitling Huntington Beach Airshow, demonstrate a proven ability to work harmoniously with all departments within the City of Huntington Beach to achieve goals and objectives, branding and compliance. McKay has had the privilege to work with hundreds of local artists, creatives, dreamers, and makers throughout her career and recognizes the Pier Plaza Artisan fair as an opportunity to honor their talent in a fresh, positive way. Transitioning the current artists with care and respect is essential as they have been dedicated business owners in the City of Huntington Beach for decades, providing the imaginative roots of Pier Plaza's history. Jaime Strong Marketing Manager, HB Downtown Business lmprovement District Jaime Strong-joined the Huntington Beach Downtown Business Improvement District as Events and Social Media Manager in June 2020 and quickly fell in love with the culture and community of Huntington Beach. During her time with the HBDBID, Strong's accomplishments include introducing new social media channels and increasing engagement among followers for Downtown accounts, reopening Surf City Nights with a vendor mix designed to appeal to locals and visitors alike, as well as co-creating the first-ever Rockin Fig Vintage Surf Festival. To support these programs, she created branded style guides and numerous marketing templates to ensure greater community consistency. Most recently, she facilitated greater community involvement with the HBPD and HBPD during Surf City Nights and coordinated the first two Comnwnity Recognition events in Downtown HB showing appreciation to these two divisions of the City. She was recently invited to join the Board of the Surfing walk of Fame. Prior tojoining the HBDBID, Strong enjoyed an I I-year career at Bloomingdale's as Marketing & Special Events Manager. The role oversaw community outreach, media relations, regional and international marketing and special events for Fashion Island and South Coast Plaza stores. During her career at Bloomingdale's, Strong facilitated partnerships with notable brands such as South Coast Plaza, The Irvine Company, Anaheim Ducks, CHOC Children's Hospital, the Costa rMesa Fire Department, National Charity League and FOX Good Day LA. 728 a After earning a Hospitality Degree from California State University, Chico State, Jaime began her career working for such notable properties as the Ojai Valley Inn and Montage Laguna Beach. A native of California, Jaime enjoys vintage surf movies, racking up minutes on Spotify, Grease 2 and long walks on the beach. References Kelly i\liller President & CEO, Visit Huntington Beach 714.969.3492, x 205 kelly@surfcityusa.com • Huntington Beach International Surfing Museum • Surfin Sundays Concert Series 2001 — Present Surfin Sundays is an annual ongoing event showcasing and preserving the history of iconic surf bands and includes a Vendor Village located at Pier Plaza. The Vendor Village. operated by Event Fusion is the largest annual fundraiser for the Huntington Beach International Surfing \quseunt. During COVID we were able to pivot by creating and implementing a detailed COVID site plan and compliance guidelines. These efforts literally kept the Museum doors open while it was closed for over a year. • Vissla ISA World Junior Surfing Championship 2013 • 2019 The Vissla ISA Juniors, sponsored by Visit Huntington Beach is the premiere world championship for crowning 18 and under Surfing World Champions. Youth from over 40 counties traveled to Surf CitY USA @ to compete and experience the opportunity they all had to become a future Olympic athlete. The event has awarded Gold Medals that launched the careers of numerous stars of the sport, including Gabriel Medina, Stephanie Gilmore, Jordy Smith, Courtney Conlogue, Filipe Toledo, Caroline Marks. Julian Wilson, Tatiana Weston-Webb, Owen Wright. Tyler Wright, Laura Enever, Sally Fitzgibbons. Leonardo Fioravanti and Brisa Hennessy. The project consisted of procuring 100 lunches and 75 dinners per day for 10 days for the athletes. Through the generous spirit of our community, every meal was donated. Event Fusion and local and regional restaurants ultimately created a culinary experience for the athletes. Event Fusion secured sponsorships and contracts for Bonzai Bowl to serve bowls on the beach every day to fuel the athletes between meals and Hydro Flask brought their Hydration Station activation to keep them hydrated. 729 a • Big Board Documentary World Premiere and Unveiling Ceremony 2015 On International Surfing Day 2015, on the south side of the Huntington Beach Pier. 66 former US Open of Surfing winners, Surfing Walk of Fame and Surfers' Hall of Fame inductees, celebrities, and local Huntington Beach heroes rode our custom-built. 42-foot-long surfboard. On that dav, 66 surfers, unofficially 67, rode the 42-foot, 1,300-pound board for 12 seconds, setting two Guinness Wood Records& for most riders and for the biggest surfboard. Visit Huntington Beach invited Event Fusion to be a consultant on the making of the documentary about the experience and to join them in creating a once in a lifetime celebration. Event Fusion collaborated with the team on every aspect of the world premiere and unveiling ceremony and skillfully executed the teams plan without exception. Brett Barnes: Retired General \tanager and Operating Partner, Duke's Huntington Beach Chairman of the Board of Directors. Huntington Beach International Surtin<o Museum 714.366.3853 brettdukcs@aof.com • Huntington Beach International Surfing Museum • Surtin Sundays Concert Series 2001 — Present Surtin Sundays is an annual ongoing event showcasing and preserving the history of iconic surf' bands and includes a Vendor Village located at Pier Plaza. The Vendor Village, operated by Event Fusion. is the largest annual fundraiser for the Huntington Beach International Surfing Museum. During COVID we were able to pivot by creating and implementing a detailed COVID site plan and compliance guidelines. These efforts literally kept the Museum doors open while it was closed for over a year. • hie'e Nalu Aloha Festival & Luau 2018 — 2019 (2020 — 2021 were cancelled due to COVID as the performers travel great distances to be a part of this amazing gathering) An annual 3-day event celebrating Pacific Island culture with authentic Hawaiian and Polynesian music, dancing, performances, food, art, and merchandise at Pier Plaza. 730 \,�101[Ifll 5 0 i fhe Vendor Village. operated by Event Fusion. is the I'undraisinu component that allows this event to continue. All proceeds benefit the Eddie Aikau Foundation and the Huntington Beach International Surfing Museum. Peter 'PT" Townend Executive Director, Huntington Beach International Surfing Museum 714.742.0355 activempirc@aol.cont • Huntington Beach International Surfing Museum • Surfin Sundays Concert Series 2001 — Present Surfin Sundays is an annual ongoing event showcasing and preserving the history of iconic surf hands and includes a Vendor Village located at Pier Plaza. The Vendor Village, operated by Event Fusion is the largest annual fundraiser for the Huntington Beach International Surfing Museum. During COViD we were able to pivot by creating and implement detailed COVID site plan and compliance guidelines. These efforts literally kept the Museum doors open while it was closed for over a year. Staffing Event staff will be provided by Koziak Productions: https://w\ww.koziakproductions.con / Artisans • Rock Elegance • Kate Mesta Studios • Sweet Pea Cork • Beach Bottled • Mayu Silk Art • Live Aloha Design • Sam Bernal Designs • Offbeat Artisan • Kasia Randall Jewelry • Purity Pea Bath & Body • Live Aloha Design • Salty Knots Macrame Scope of Work Surf City Collective 731 a Surf City Collective will be comprised of approximately 45 regional artisan vendors who showcase high-quality, locally produced merchandise. In addition to the core audience of vendors, which will change from season to season or based on a specific theme, Surf City Collective has developed a concept to ensure a fresh weekly experience —The Four Corners - thus encouraging repeat visitation. The Pour Corners will anchor the Collective with engaging, seasonal Community programming. • The Giving Corner • Fosters good will, stewardship, and giving back to our community Non-profits would be invited at no charge to share their mission. A different non-profit would be selected on a rotating basis. Example: Junior Lifeguards Friends of the Bolsa Chica Wetlands Art Center Surfrider Foundation Boys and Girls Club Second Harvest. Food Bank Robvn's Nest Colette's Children',.; Home Waymakers Youth Shelter Boys and Girls Club International Surfing Museum • The Gathering Corner • A social and seasonal meeting place offering atmospheric music and artisanal consumable products Local and regional talent would be invited to perform at no charge to help elevate their career and exposure within the community and beyond. Artisanal seasonal food vendors will round out the invitation to welcome guests into the Artisan Fair Example (January): Coffee and hot chocolate creations Homemade small batch prepacked soup Artisanal bread Homemade honey • The Learning Corner • A community offering of exciting and educational activities, workshops, and fun for children 732 y., e a1� ••yt '�: - Example: FIB Children's Library STAR Program • Storytelling and Reading Program Aquarium of the Pacific Mobile Touch Tank Face Painting Balloon Art Search forjunior artists and entrepreneurs Art contest Work with schools/teachers to creative learning activities • The Creative Corner • A place to create and share anything and everything imaginable Example: Art workshops to include the Huntington Beach Art Center Charcuterie Platter Demonstration Lei Making Demonstration Authors book signings Recipe share from local and regional restaurants Gardening Workshop Farm to Table Demonstration Sustainability and green initiatives demonstrations Live performances by artists HBDBID Investment in the Surf City Collective The HBDBID will invest funds from [he grant received from [he City of Huntington Beach to ensure the cohesive marketing. management and administration of the Surf City Collective. Administration The 1-113I)BID will provide all administrative services to the Surf City Collective in partnership with Event Fusion. These services include, but are not limited to, maintaining comprehensive vendor application forms, insurance, tax ID numbers. and schedules. The HBDBID will provide monthly billing services. collection and payment of all taxes and fees. The FIBDBID will obtain all permits and supporting documentation for the operation of the Surf City Collective. "rhe 1-I13DBID will provide the City of HB with quartcrlyy statistical reports which reflect the total number of vendors, types of products exhibited/sold, attendance, and quarterly gross revenue, as well as participate in an annual evaluation and review of the operation with The City of HB. Cultivation of CommtlnitV Connectedness HBDBID will create dedicated monthly SCC Task Force with the Darketing & Events Committee to ensure consistent flow of information. HBDBID and Event Fusion will seek to 733 a schedule a monthly meeting with Community fi Library Services to ensure regular feedback is obtained and incorporated into operations, management and marketing. SCC will also become a rel-'ular feature on the HBDBID Downtown Business Briefing room held every other Tuesday. Each of the Four Corners invites community connectedness through programming and activations. Supervision Under the <vuidance of the Event Manager, set-up and tear-down of the Four Corners will be completed by a professional team that also functions as porters in the Pier Plaza space during SCC. Individual vendors will be responsible for their own booth space. Additional power washing will be scheduled as needed to augment the existing schedule. Security will be contracted for every day of the event. All vendors and creatives will be required to read and sign SCC rules and regulations, along with a code of conduct. Goals &, Objectives We share the same goals and objectives with the Artisan Fair as the City of Huntington Beach. • Introduce a high-quality marketplace with regionally produced wares that complement the Surf City lifestyle and aesthetic. • tYlaintain a freshness in the marketplace with dynamic programming. The Four Corners concept was created with this concept in mind. • Attract a diverse, desirable clientele of locals and visitors with family-friendly offerings, a safe, clean environment, fresh aesthetic, and unique merchandise. • Communicate the marketplace in a consistently engaging manner on multiple channels. • Facilitate feedback from the conununity and enable adjustments to be made with operational learning,.;. • Generate revenue in a win-win environment for the vendors, HBDBID, and the City of 1-1I3. • In addition to booth spaces for the City and its partners, 2-3 complimentary booth spaces will be provided to non-profits each week to facilitate philanthropic participation. Marketing Surf City Collective marketing will be integrated into the operation of HBDBID. • Website SCC will have a dedicated vanity URL and landing page on the HBDBID Website, which is scheduled for enhancements in January 2022. The section for visitors will feature the Four Corners schedule of events and featured artisans. The section for vendors will feature our methodology for selection, event application, participation requirements, rules and regulations and the code of conduct. • Social 734 a I-IBD131D will create a new channel on IG and FB. @hbdowntownevents. to showcase Surf City Collective. Surf City Nights, and Surfin Sundays. @hbdowntownevents will also promote event programming by Visit HB and the City of HB as it relates to Downtown. A dedicated content calendar will be created to showcase individual vendors. creative, and civic partners. Professional photographers will capture high-quality images for print and digital, which will be shared with the City. • Print H13DBID will create print ads to include in every issue of Sands magazine, as well as a dedicated events ad in the Visit HB Visitor Guide. • Media/PR 1-113DBID will create an editorial calendar for media outreach and position the Gathering corner as the ideal location for media announcements. • OOH (Out of [-Ionic) HBDBID will create banners. pennants, and posters to support SCC on a weekly basis with seasonal updates to ensure freshness and awareness in the community. • Surf City Nights SCC will be cross promoted on Tuesday nights at Surf City Nights in the retail space allocated for crafts and artisans. • Space allocated for City of HB and/or its Partners The City of HB and its partners will be featured in SCC marketing and messaging. Fees and Financial Terms Event Fusion and 1-IBD131D propose a revenue-sharing model between 20-29% based on the category. Sponsorships and merchandise sales will yield 20%n while vendor fees will yield 29%. A new class will be created with the HBDBID's accountant to provide SCC monthly financial reporting at Board Meetings, which is identical to the transparency and reporting with Surf City Nights financials, Methodology Section • Methods and controls by which a project of this type and size is managed. o Similar to the operation of Surf City Nights, all vendors are in the Artisan Fair by invitation of the HBD131D and Event Fusion. "['here will be a set of Artisan Rules & Regulations, developed with the City, that all vendors will be required to sign. Behaviors that violate the rules R regulations will be clearly noted, along with the process for warning a vendor, uninviting them and re-assigning their space. • Methodology for soliciting internal and external input from stakeholders and how we will address positive/negative feedback o Provide contact information on the website where users can submit their feedback at will. o Offer a client review form for existing users and set up automated emails to periodically ask for feedback. 735 a o Monitor reviews on third-party sites such as Yelp, TripAdvisor, Google My Business, etc. o Provide customer service number on the website to give an additional channel to receive customer feedback and provide support. o Send out periodic satisfaction surveys that ask internal and external customers specific as well as open-ended questions about your business. o Maintain an active presence on social media channels such as Twitter, Facebook. Instagram, etc. o Nlonitor social listening- and hashtags o Reoular check-ins with internal customers Assess feedback for patterns that indicate opportunities for improvement • Use data management systems to summarize key information. • Discern the difference between complaints that indicate it problem with current procedures and people who are simply lookin: for a reason to gripe. Use feedback to enact changes • Identify and prioritize the 'pain points' that have the biggest impact on internal and external customer satisfaction. • Tackle smaller fixes that can keep internal and external customer happy while you work on long-term solutions. • Handle all situations with patience, fairness, and concern for all involved. • Other project management or implementation strategies or techniques we intend to employ o HBDI3ID and Event Fusion intend to apply event management and marketing industry best practices beyond those identified. • Project schedule identifying roll-out of all tasks and deliverables o Marketing DCvelopment, January — March 2022: Develop and finalize SCC logo and style guide. Develop website content and digital marketing materials. Determine launch date for social feeds and pre-event content. • Create content calendar for PR, social, and digital marketing. • Capitalize on the daylight savings launch date and build buzz around the Artisan Fair and Surf City Nights. • Confirm initial digital buy and teaser campaign. • Identify "Artisan Fair Ambassadors' among- vendors and community groups to amplify the message across multiple channels. 736 �RROILI�,I. • Finalize design and print banners. pennants, posters. Confirm installation date with The City. • Produce tents, backdrops and flags for the Four Corners spaces. o Community Engagement. January — March 2022: • Identify SCC Task Force and schedule meeting within 30 days of award of the contract. Task Force members will include representatives from the Downtown Business District, hotels, VHB. residents, and Citv staff. Schedule a community input session and Downtown Business Improvement District session to share thoughts and facilitate dialogue. • Artist Selection • Non-Profit Partners Selection Performing- Talent Selection Artisanal Food Vendor Selection • Educational Partners Selection • Entertainment Partners Selection • Sponsorship Partners Selection Professional Photographer Selection Security Company Selection Merchandise Branding Partner Selection • Kiosk Enhancement — project schedule, budget and approval process with the City of HB. o Management. January — Nlarch 2022: • Finalize all permits, insurance, agreements. • Confirm porter schedules. • Confirm security schedules. Develop and distribute SCC schedule and footprint with Downtown business community. Schedule plan review with Puhlic Works and other City departments to ensure universal awareness and compliance with all guidelines. • Health and safety plan with an emphasis on emergency response o Establish with all involved that safety is a core value. o Work closely with HBFD and HBPD to ensure a strategic plan that ensures complete compliance with all City requirements. o Ensure management and key personnel are versed in all areas of emergency response protocols. o Provide certified fire extinguishers reflecting HBFD's protocol. o Ensure trip-guards cover all cables, cords, hoses, wires, and conduits. o Ensure compliance with all requirements of the ADA. o Ensure there is sufficient access, room to circulate, and observe potential crowd control issues. 737 a o Identify and correct any potential hazards (first aid, weather, environmental, fire, and security). o Monitor updated COVID related protocols and public health directives through agency websitcs (City of Fluntin-ton Beach, Orange County Health Care Agency, California State Department of Health. Centers for Disease Control and Prevention and the World Health Organization). • Detailed methodology for selecting artisan vendors o A "Call for Artists" will be activated to announce Surf City Collective is currently inviting and accepting artists to participate. o Vendors will be selected that do not compete with local downtown businesses. o Vendors will be subject to a jury process and cohesive vendor selection to ensure branding, quality of product, innovation and following. o Products must be handmade by the applicant vendor, and each will be asked to supply a photo of the artist creating their art. o All work must be original and created by the artist. o Artisan must list ALL items that they plan to sell on the application. o All vendors will be vetted by checking references and through social media and wehsite platforms. • Detailed methodology for attracting attendees, including locals and visitors o The Marketing plan developed to support Surf City Collective will ensure that messaging is engaging, consistent and specific. A dedicated social media events channel enables the 13ID to highlight specific vendors and create a dynamic narrative that invites locals and visitors to experience SCC. o We will select vendors that are active participants in promoting their presence at markets, ensuring we draw a diverse and [oval audience. o Consistent community engagement through the Four Corners establishes strong connections within the City while ever-changing programming draws repeat visitation. • Methodology or proposal for ancillary activities to keep the artisan fair fresh o The Four Corners concept was designed to facilitate fresh programming and unique engagements. The Four Corners will anchor the Surf City Collective with engaging, seasonal community programming. • The Giving Corner • Fosters good will, stewardship, and giving back to our community Non-profits would be invited at no charge to share their mission. A different non-profit would be selected on a rotating basis. Example: 738 ti o Junior Lifesuards Friends of the Bolsa Chica Wetlands Art Center Surfrider Foundation Boys and Girls Club Second Harvest Food Bank Robyn's Nest Colette's Children's Home Waymakers Youth Shelter Bovs and Girls Club International Surfine Museum • The Gathering Corner • A social and seasonal meeting place offering atmospheric music and artisanal consumable products Local and regional talent would be invited to perform at no charge to help elevate their career and exposure within the community and beyond. Artisanal seasonal food vendors will round out the invitation to welcome guests into the Artisan Fair Example (January): Coffee and hot chocolate creations Homemade small batch prepacked soup Artisanal bread Homemade honey • The Learning Corner • A community offering of exciting and educational activities, workshops, and fun for children Example: 1-113 Children's Library STAR Program • Storytelling and Reading Program Aquarium of the Pacific Mobile Touch Tank Face Paintin: Balloon Art Search for junior artists and entrepreneurs Art contest Work with schools/teachers to creative learning activities • The Creative Corner • A place to create and share anything and everything imaginable Example: Art workshops to include the Huntington Beach Art Center Charcuterie Platter Demonstration Lei Making Demonstration 739 b o Authors book signings Recipe share from local and regional restaurants Gardening Workshop Farm to Table Demonstration Sustainability and green initiatives demonstrations Live perfomiances by artists 740 a Surf City Collective Annual Budget 2022 Income Estimated Actual Total income $573,750.00 $0.00 Vendor Revenue Estimated Actual Estimated Actual 48 Fridays 216,000.00 45 Vendors @$100 $216,000.00 $0.00 34 Saturda s 153,000.00 45 Vendors @$1001 $153,000.00 $0.00 34 Sunda s 153,000.00 45 Vendors @$100 $153.000.00 $0.00 4 Mondays 18000001 45 Vendors @$1001 $18,000.00 $0.00 $540,000.00 $0.00 Sponsorships Estimated Actual Estimated Actual 1 Presenting Sponsor $10,000.00 $10,000.00 4 Seasonal Sponsors @$2,500 $10,000.00 $10,000.00 $0.00 $20,000.00 $0.00 Donations Estimated Actual Actual Donations Received SO.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sale of Items Estimated Actual Estimated Actual SCC Merchandise 250 Totes @$10 $2,500.00 $2,500.00 250 T-Shirts @$15 $3.750.00 $3,750.00 250 Hats @$10 $2.500.00 $2.500.00 250 Beach Blankets @$20.00 $5,000.00 $5,000.00 $0.00 SO.00 $0.00 $0.00 $0.00 SO.00 $0.00 $0.00 (c)2007-2012 DoJiggy LLC.All Rights Reserved. N V $13,750.00 $0.00 r DOJIGGV COOL TOOLS FOR NON-PROFITS (c)2007-2012 DoJiggy LLC.All Rights Reserved. a r Surf City Collective Annual Budget 2022 Expenses Estimated Actual Total Expenses $573,600.00 $0.00 Estimated Actual Estimated Actual Facility Fees and Revenue Sharing Food and Beverage Venue 48 Fridays @$1,350 $64.800.00 Misc. F&B $1,000.00 Venue 34 Saturdays @$1,350 $45.900.00 Venue 34 Sundays @$1,350 545,900.00 Venue 4 Mondays @ $1,350 55,400.00 SCC Merchandise @ 20% $2,750.00 SCC Sponsorships @ 20% $4,000.00 Totals $168,750.00 $0.00 $1,000.00 $0.00 Estimated Actual Estimated Actual Security and Cleaning Program Enhancements 34 Saturday nights @$375.00 $12,750.00 Exibilions/Photo Moments $5,000.00 4 Sunday nights @$375.00) $1,500.00 Activations and Performances $5,000.00 48 Fridaynights $375.00 $18,000.00 SCC Merchandise $5,000.00 48 Weekends Porter Service @$1,25 $60,000.00 Kiosk Enhancement $5,000.00 $92,250.00 $0.00 Totals $20,000.00 $0.00 Estimated Actual Estimated Actual Publicity&Marketing Logistics Marketing, $250/month $3,000.00 Insurance $2,500.00 Digital Advertising,$2501 month $3,000.00 Permits $1,000.00 Promotions, $2501 month $3,000.00 Quickbooks (2% processing fee) $10,800.00 SocialMedia, wee x 2,400.00 ccoun ing ervices $1,000.00 Google Ad Words$100 week x 48 $4,800.00 Website Content$250/month $3,000.00 Photography $1,500.00 Other (c) 2007-08 DoJiggy.com All Rights Reserved. Q Totals $20,700.00 $0.00 Totals $11,800.00 n Estimated Actual Estimated Actual Management& Staffing Printing& Print Materials Event Manager $112,000.00 Design&Production,$2501 montl $3,000.00 Printing-Posters and Banners. Research& Development $22,400.00 $2501 month $3,000.00 Installation-Banners& Pennants, $400/month- Marketing Manager S56,000.00 Banners, $219.Pennants, $62 $4,800.00 Administration S22,400.00 Tents, Backdrops,drapes $5,500.00 Support Staff 120 Dates at S250/day S30,000.00 Totals S242,800.00 $0.00 Totals $16,300.00 $0.00 DOJIGGV COOL-TOOLS FOR NON-PROFITS (c) 2007-08 DoJiggy.com All Rights Reserved. 0 r Surf City Collective Annual Budget 2022 Profit - Loss Summary $700,000.00 Estimated Actual $600,000.00 Total income $573,750.00 S0.00 Total expenses $573,600.00 $0.00 $500,000.00 —q Total prod orloss) $150.00 $0.00 $400,000.00 — oTotal income $300,000.00 -- eTotal expenses $200,000.00 — $100,000.00 -— $0.00 Estimated Actual DOJIGGV COOL TOOLS FOR NON-PROFITS (c)2007-2012 DoJiggy LLC. All Rights Reserved. Appendix B — Marketing concepts are attached for your review Surf City Collective Art M� C4,1fIjre Local :ter: - The Four Corners ,per rh..rnar a Iwdnuen el +onpvaw cowry y>q oN M.cw.e.Aer�O qp.d re e0 op. v� � L Q I JPNXIP NNW Our Vendors s � _ SALTY KNM LIVE ALOHA BEACH MACRAME DESIGNS BOTTLED I �� y f Appendix C—Sample vendor list with photos V Mara Johnson J Designs hand made gc from ". .stage f" -- soe are }y ` f DE516MS 4 748