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HomeMy WebLinkAboutPSQ Productions - 2024-03-19 2000 Main Street, �, NTINGTQ4 Huntington Beach,CA o F °axe a92648 U ,. ; City of Huntington Beach APPROVED 7-0 �aurul�cR File#: 24-188 MEETING DATE: 3/19/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Ashley Wysocki, Director of Community & Library Services PREPARED BY: Molly Uemura, Community & Library Services Manager Subject: Approve and execute a three-year Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the annual Independence Day Celebration. Statement of Issue: In order to facilitate the City's annual Independence Day celebration, there is a need to approve a professional services contract between the City and PSQ Productions (Contractor), to manage and produce the 2024, 2025, and 2026 Independence Day Celebration events, which include the annual Surf City 5K Run, 4th of July Parade, and Fireworks over the ocean. Financial Impact: Sufficient appropriations are budgeted in the General Fund Fourth of July account 10045302 to cover payments due to PSQ Productions through the end of this fiscal year. Future fiscal years will be budgeted accordingly. Compensation through the three-year life of the contract is set at the following: • $150,000 in 2024 • $160,500 in 2025 • $171,735 in 2026 Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and PSQ Productions for Production and Management Service of the Annual Independence Day Parade." Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: City of Huntington Beach Page 1 of 3 Printed on 3/13/2024 powere'Q LegistarM File #: 24-188 MEETING DATE: 3/19/2024 The previous contractor's professional services contract expired September 30, 2023. Per Municipal Code 3.03, all professional services contracts over $30,000 must be competitively bid. Given the scope of services needed for the production and management of the Independence Day Celebration, as well as the direction from Independence Day Board council liaisons, a new Request for Proposal (RFP) was released for contracted services to manage and produce the City's Celebration, including the annual Surf City 5K Run, 4th of July Parade, and Fireworks over the ocean. On September 7, 2023, the RFP was released. A total of three firms responded by the closing of the qualification process on Friday, October 20, 2023. A review panel was established to evaluate and score each submittal. The review panel, comprised of City staff representing three different City departments, thoroughly reviewed all three proposals based on objective evaluation criteria and established a weighted score for each qualified applicant. Based on the scores, all three firms were invited to present their proposals to the panel via in-person interview, with PSQ being the recommended contractor. Upon approval, the Professional Services Contract (Contract) will have a three-year term and will automatically terminate three (3) years after commencement on September 1, 2026. The Contract may be extended up to two (2) one-year terms upon mutual consent of both parties. The Contract establishes areas of responsibility of the City and PSQ Productions for the production and management service of the annual Independence Day Celebration. A summary of responsibilities for the Independence Day celebration is listed below. A more detailed listing is included in Exhibit B of the Contract (Attachment 1). PSQ Production Responsibilities: a) Planning and execution of the 4th of July Parade, Run, and Fireworks Show. b) Sponsorship procurement and sponsor recognition. c) Merchandise, overall event logistics. d) VIPs, entertainment, and public relations; music and entertainment procurement if applicable. e) Sub-contractor agreements, management, and payment. f) Volunteer development. g) Public/media relations. h) Implement all logistical plans. i) Provide general event production and management. j) Provide research and planning. k) Marketing services. I) Budget development, management, reconciliation, and regular reporting to the City. m) Collaborate with the Independence Day Board for community sponsorships and development of the event theme, logo, and selection of parade participants and grand marshals. City Responsibilities: a) Assign a staff coordinator to work directly with Contractor. b) Provide a contingency allowance of no more than $10,000 to cover variations that may occur in the expected values of elements of cost or schedule. c) Assist with promotion and marketing of the event. City of Huntington Beach Page 2 of 3 Printed on 3/13/2024 poweretICI*Legistar File#: 24-188 MEETING DATE: 3/19/2024 With regard to other event costs, any additional event expenses will be covered through other revenue streams (i.e., parade entry fees, event ticket sales, entry fees, merchandise sales, and sponsorships), which will be coordinated and handled directly by the Contractor. Historically, the increased parking charge collected at the south beach attended lots and the Main Promenade Parking Structure over the three-day period raises between $120,000 and $135,000 (depending on the day of the week that July 4'th falls on) and have been used to offset the Contractor's fee. Within 30 days of the Event, Contractor and City will reconcile all revenues and expenses for the Event. If there is a net positive in the account, the funds will remain in the established Independence Day account to fund the Event in upcoming years. If expenses exceed revenues, the City may be responsible for reimbursing PSQ Productions pending a review by City and Contractor of the Event budget and all approved expenses and revenue opportunities. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the Annual Independence Day Celebration. 2. PSQ Productions PowerPoint. 3. 2/16 Supplemental Communications City of Huntington Beach Page 3 of 3 Printed on 3/13/2024 powerelf*LegistarTM PROFESSIONAL SERVICES CQNTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSQ PRODUCTIONS. FOR PRODUCTION AND MANAGEMENT SERVICE OF THE ANNUAL INDEPENDENCE DAY CELEBRATION 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 PSQ Productions,'LLC., a corporation, hereinafter referred to as "CONTRACTOR". WHEREAS, CITY desires to engage the services of a CONTRACTOR in producing the 2024, 2025 and 2026, Independence Day Celebration; 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 CONTRACTOR has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. SCOPE OF SERVICES CONTRACTOR shall provide all services as described in Exhibit "A", which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONTRACTOR hereby designates Mark Entner, who shall represent it and be its sole contact and agent in all communications with CITY and CONTRACTOR during the performance of this Agreement. 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONTRACTOR are to commence on 5) I et lzc'ZL.j(the"Commencement Date"). This Agreement shall automatically terminate three (3)years after commencement on September 1, 2026,unless extended or sooner terminated as provided herein. Upon mutual agreement by both Parties, the Agreement may be extended up to two (2) 1-year terms. All tasks specified in Exhibit "A" shall be completed on or before July 4 of each year in 2024, 2025 and 2026. 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 CONTRACTOR. In the event the Commencement Date precedes the Effective Date, CONTRACTOR shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR a fixed Fee in quarterly installments as specified in Exhibits "B",which is attached hereto and incorporated by reference into this Agreement. The Fee, including all costs and expenses, not to exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) in 2024; ONE HUNDRED SIXTY THOUSAND, FIVE HUNDRED DOLLARS ($160,500) in 2025; ONE HUNDRED SEVENTY-ONE 2 THOUSAND, and SEVEN HUNDRED THIRTY-FIVE DOLLARS ($171,735) in 2026. Compensation for CONTRACTOR and CITY shall also include additional revenue opportunities as specified in Exhibit"B". 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit"A" or changes in the Scope of Services described in Exhibit "A", CONTRACTOR will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENTS CONSULTANT shall be paid pursuant to the terms of Exhibit "B". 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that title to all materials prepared hereunder, including,without limitation,all original drawings,designs,reports,site plans,vendor lists, sponsor contracts and agreements,parade entry contact information,timelines, runner and volunteer databases, service provider invoices and contact information,parade scripts,web domains, login and passwords for websites and social media accounts, maps/routes, memoranda, letters, spreadsheets, and other documents, shall belong to CITY, and CONTRACTOR shall turn these materials over to CITY immediately upon request, or upon expiration or termination of this Agreement, or upon completion of PROJECT, whichever shall occur first. These materials may be used by CITY as it sees fit. 3 8. CONTINGENCY ALLOWANCE CITY shall provide a Contingency Allowance of no more than TEN- THOUSAND DOLLARS ($10,000) to cover variations that may occur in the expected values of elements of cost or schedule, however, do not apply to scope or quality. City must preapprove at its sole discretion any Contingency Allowance. 9. 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, judgements, 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 CONTRACTOR's (or CONTRACTOR's sub-contractors, if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONTRACTOR, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of 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 limitation upon the amount of indemnification to be provided by CONTRACTOR. 4 10. PROFESSIONAL LIABILITY INSURANCE CONTRACTOR shall obtain and furnish to CITIY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONTRACTOR's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONTRACTOR shall notify CITY of circumstances or incidents that might give rise to future claims. CONTRACTOR will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONTRACTOR agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONTRACTOR fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with proof that insurance has been procured and is in force and paid for,the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect 5 CONTRACTOR's right to be paid for its time and materials expended prior to notification of termination. CONTRACTOR waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 11. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended,voided or canceled by either party, reduced in coverage or in limits except after thirty (30)days' prior written notice;however,ten(10) days' prior written notice if the event of cancellation for nonpayment of premium. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the forgoing 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. 6 12. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 13. TERMINATION OF CONTRACT A. CITY may terminate this Agreement without cause, effective after 30 days' prior written notice to CONTRACTOR("Notice Period"). In the case of termination without cause: (i) CITY shall release CONTRACTOR from all obligations under this contract, and shall assume full liability for all existing vendor, subcontractor, supplier, sponsor, talent and venue contracts that have been entered into as part of the Event and previously approved by CITY. (ii) CONTRACTOR shall be entitled to payment for the current PROJECT year up until the date of termination and shall be paid the outstanding balance of the fee within seven (7) days of receiving a final invoice detailing work completed. CONTRACTOR shall also be entitled to retain all commissions 7 earned through the sales of CITY-approved sponsorships prior to the date of termination, and, in the case of multi-year sponsorship agreements, CONTRACTOR may retain said commissions, however, the City shall not be responsible for the payment thereof. (iii)CONTRACTOR shall deliver an audit report to CITY detailing the status of the PROJECT budget and all accounts payable/receivable and transfer the balance of all funds held on behalf of CITY, less applicable sponsor commissions due to the CONTRACTOR, to CITY's designated fiduciary or account no later than the conclusion of the Notice Period. (iv)CONTRACTOR shall work amicably with CITY to effectively transfer all PROJECT communications, contacts, materials and operations to CITY-designated agents and assignees. 14. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONTRACTOR 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 sub-contractors must satisfy the insurance requirements as set forth in Section 9 and 10 hereinabove. • 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 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. 17. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designed in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates, electronic correspondence, or other communications will be sent by notifying the other party via personal delivery,or reputable overnight carrier or U.S. certified mail-return receipt requested, or electronic mail system: TO CITY: TO CONTRACTOR: City of Huntington Beach PSQ Productions, LLC. ATTN: City Manager ATTN: Mark Entner 2000 Main Street 48 Waterworks Way Huntington Beach, CA 92648 Irvine, CA 92618 9 18. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 19. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed 10 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, or ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 22. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 23. IMMIGRATION 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. 24. LEGAL SERVICES SUB-CONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services 11 expenses incurred by CONTRACTOR. 25. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 26. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of the 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. 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. 29. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, 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, 12 promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on the party's behalf, which are not embodied in this Agreement, and that party has not executed this Agreement in 'reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement,and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 30. EFFECTIVE DATE This agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 13 CONSULTANT, CITY OF HUNTINGTON BEACH, a PSQ PRODUCTIONS, LLC municipal corporation of the State of California MRRi- re-',fy d'f-/C._ Mayor print name ITS: (circle one) Chairma Presideht/Vice President City Clerk ,AND INITIATED AND APPROVED: i WAA0i16 r/�� I .�� 15i er ctor of & mmunity Services Iprint n e ITS: (circle one) Secret Chief Financial Officer/Asst. Secretary-Tr REVIEWED AND APPROVED: City Manager COUNTERPART APPROVED AS TO FORM: City Attorney Lk( 14 CONSULTANT, CIT ' O' HUNTINGTON BEACH, a PSQ PRODUCTIONS LLC m = .8o tion of the State of Cali" 1 Cede__ By: Ma or print name 9Ailandafthd ITS: (circle one) Chairman/President/Vice ��� President Ci Clerk AND INITIATED AND APPROVED: By: Director of L4,116\ y & mmunity Services print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary- Treasurer RE D D City anal' r COUNTERPART APPROVED FORM: City Attorney C_ 14 EXHIBIT "A" CONTRACTOR SCOPE OF SERVICES PSQ PRODUCTIONS, LLC A. STATEMENT OF WORK: The CONTRACTOR is required to attend planning meetings with the BOARD and CITY staff as needed. CONTRACTOR shall assume responsibility, with oversight from the CITY and in collaboration with the BOARD when deemed necessary by CITY, for all planning; sponsorship procurement; music and entertainment procurement; sub-contractor management; volunteer development; pre-, day-of, and post-event public / media relations; pre-, day-of, and post-event production and management; and all other facets of event production and management. Of note, deliverables must communicate the CITY's message of "family-friendly" events and activities. B. CONTRACTORS DUTIES AND RESPONSIBILITIES: In general, CONTRACTOR will provide or sub-contract the following services. These services are general in nature and are not all-inclusive of the duties and responsibilities of the CONTRACTOR. • Research &Monthly Planning • Legacy review of prior Event years to ascertain and evaluate best practices, budget history and preferred vendor relationships. • Conduct surveys of previous Event partners to solicit feedback and identify key success elements. • Attend and contribute to monthly Independence Day Board meetings. • Marketing & Sponsorship 15 • Develop and manage omni-channel online/social, OOH and print marketing campaign concepts and fulfillment. • Review overall Event sponsorship program and recommend strategies and activations to maximize revenue potential. • Solicit, negotiate, and implement/manage all sponsorship contracts. • Coordinate a sponsor recognition package and/or event as well as VIP amenities for CITY dignitaries, as agreed upon in writing by CITY and CONTRACTOR no less than 30 days prior to EVENT. • Financial Planning • Develop a comprehensive Event budget for approval by the CITY. • Manage all Budget and Scope changes as required to deliver the Event within the approved budget. • Manage,collect,and securely hold all sponsorship,booth sales, donations,food,beverage, merchandise cash receipts collected during the Event, and other forms of revenue. • Settlement of all vendors and invoices within the Scope of Services. • Reconciliation of budgets and weekly/monthly financial reporting to the CITY as requested. • Produce a final audit and settlement of all revenues and expenses within 30 days after the completion of the Event. • Parade Planning • Develop/distribute parade qualifications and application. • Once CONTRACTOR has selected final Parade entries, present to BOARD for their knowledge. 16 • Develop parade site map, including route, staging areas, VIP areas, announcer and media coverage areas, and grandstand seating areas, if applicable. • Conduct appropriate outreach to ensure the parade contains at least 200 entries and to meet budget expectations and timing for television coverage of the Event. • Develop parade regulations and procedures for participants and distribute to all attendees. • Coordinate logistics, security, route closures & equipment needs with City Staff and departments, or other authorized agencies. • Oversee media credentialing and coverage opportunities with media affiliates and approved media outlets in coordination with the City's Office of Communications. • Develop parade scripts for all announcers along the parade route, in addition to media coverage announcers, for consistency. • Oversee parade line-up, staging, and disbanding. • Secure and setup adequate VIP area staging and seating and required AV production elements for parade coverage/announcers. • Fireworks Planning • Oversee RFP process to award fireworks display contract. • Oversee and manage winning bidder for execution of all deliverables. • Coordinate security and logistical planning with CITY Staff and departments. 17 • Obtain required permits from appropriate CITY and County authorities, if applicable. • Develop/approve musical programming and secure all required licensing/clearances. • Coordinate Pier seating for Fireworks show, including sale of ticket packages, Pier seating layout, rental equipment, and any applicable VIP amenities. • Run Event Planning • Oversee subcontractors and/or provide primary run program management. • Manage t-shirt, runner medals and branded merchandise program. • Coordinate event marketing and oversee/develop runner registration, ensuring participation of over 3,500 runners to meet budget expectations. • Provide professional timing services and runner results. • Coordinate logistics, route planning, safety and street closures with City Staff and departments or other authorized agencies. • Coordinate runner's expo event if so authorized as part of final Event budget/scope. ■ Collaborate with other contractors,consultants,and vendors CITY may hire in the course of presenting the event. ■ Specific Event Permit— CONTRACTOR shall apply for and obtain a City of Huntington Beach Specific Event Permit in accordance with Municipal Code 13.54. Specific Event Permit fees to be waived by CITY. C. ADDITIONAL ACTIVATIONS CITY and CONTRACTOR agree that in 2024, the Event shall include the Parade, Run, and Fireworks Events. Should the CONTRACTOR wish to expand the 18 activations of the Event in future contract years to include additional festivals, block parties, community parades, or other elements, CONTRACTOR may propose the new elements in writing for approval by CITY. Any new Event activations shall be funded by CONTRACTOR through the Event budget and/or sponsorships and shall not be the financial responsibility of CITY. D. CITY'S DUTIES AND RESPONSIBILITIES: 1. CITY will designate a staff liaison through the Director of Community & Library Services and any change in that person will be noticed in writing. 2. CITY shall provide meeting rooms for meetings, when available, at no cost to CONTRACTOR. 3. CITY will assist with promotion and marketing of the event through social media, SANDS Recreation Guide, placing information on the CITY's website, and allowing promotional materials to be placed in City Hall and community facilities, such as community centers and libraries, with the approval of the City's Office of Communication. 4. The CITY's staff liaison will work with CONTRACTOR on providing a VIP and dignitary list. D. WORK PROGRAM/PROJECT SCHEDULE: 1. Work shall commence upon execution of the Agreement by both parties and approval by the City Council of the City of Huntington Beach. 2. All tasks specified in Exhibit "A" shall be completed on or before July 4 of each year in 2024, 2025, 2026, 2027, and 2028. 3. This schedule may be amended to benefit the Project if mutually agreed to in writing by CITY and CONTRACTOR. 4. In the event the Commencement Date precedes the Effective Date, CONTRACTOR shall be bound by all terms and conditions as provided herein. 19 5. CITY shall apply for and obtain Caltrans street closure permits related to the 4th of July Parade. 20 EXHIBIT "B" Payment Schedule (2024 -$150,000; 2025 -$160,500; 2026-$171,735) 1. CONTRACTOR shall be entitled to three (3) installment payments toward the fixed Fee set forth herein in accordance with the following progress and payment schedules. Upon submission of any invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve and process the appropriate installment payments, within thirty (30) days of receipt of said invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONTRACTOR is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Such invoices shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONTRACTOR's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. 2. CONTRACTOR shall use the Fee Schedule as included in the City Council approved Master Fee and Charges Schedule, Community Services-Charges, Resolution #2019-87, and any subsequently updated Fee Resolution during the Term of the Agreement: 21 3. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 1. BUDGET,FEES &TERMS OF PAYMENT a. CONTRACTOR shall provide the Services described herein for a Fee of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) during the first year of the Agreement. For each subsequent year during the Term related to the 2025 and 2026 Events,the Fee shall be increased in accordance with the schedule provided by CONTRACTOR to CITY during negotiations. b. The Fee shall be paid to CONTRACTOR in installments during the first year of the Agreement as follows: (i) 50% due upon execution of Agreement; (ii) 25% due no later than April 30, 2024; (iii) 25%due no later than July 31, 2024; c. The Fee for each subsequent year in the Term,related to the 2025 and 2026 Events and any option years exercised, shall be due with a 50% first installment due by December 31' of the preceding year and two(2),25% installments on April 30th and July 31"of the event year. d. All revenues from the Event shall be accounted for in the following order: (i) Revenues, including but not limited to ticket sales, sponsorships, parade entries, and donations shall offset 22 expenses incurred by CONTRACTOR in the production of the Event in accordance with the Event budget. (ii) If revenues exceed the expenditures and there is a net positive in the Event account, CONTRACTOR will be eligible to earn additional compensation on sponsorship and donations as follows: (a) 25% of total revenue generated during the event from new vendors; 10%of revenues from returning 2023 vendors with 25% of new revenues over 2023 revenues. (b) Ticket sales and parade entries will not be eligible for the revenue split and shall be deposited directly into the account to fund the Event. (iii) If Event expenses exceed total revenue, the CITY would be responsible for reimbursement of CONTRACTOR direct Event expenses, pending a review of the mutually approved event budget and the reconciliation of expenditures with invoices or receipts from vendors as agreed upon by both parties no more than 30 days following July 4 each year. (iv) CONTRACTOR may provide subcontractor services required for the Event that are within CONTRACTOR'S direct capabilities, provided that CONTRACTOR charge competitive market rates for such services and provide advance disclosure to the CITY of the areas in which it intends to provide the services. e. In consultation with the CITY, CONTRACTOR will develop an initial Budget Estimate for the entire Event to be submitted for adoption by CITY no later than 14 days after completion of the Legacy Review. f. During the Term,CONTRACTOR shall notify the CITY of any anticipated or known material increase to the EVENT Budget, defined as any change 23 due to an individual line item or group of related items which change in price for any reason, increase the EVENT Budget by more than $5,000.00 and represent an unfunded budget expense against known revenues. The CITY shall have 72 hours from receipt of notice to approve, modify or cancel the relevant Scope of Work related to the material increase. Failure of the CITY to modify or cancel the relevant scope of work within the notice period shall constitute approval of the material increase and financial obligations associated therewith. g. From time to time,the CITY may request changes to the Scope of Work or Services,which must be submitted to CONTRACTOR in writing, at which time CONTRACTOR shall provide the CITY with a written analysis and financial estimate as soon as is reasonably possible, detailing the costs and feasibility of the CITY request. The CITY request shall not become binding upon CONTRACTOR nor be included in the Services, unless and until the CITY approves the financial estimate and revenue allocation recommended by CONTRACTOR, and CONTRACTOR certifies the request as feasible within the Scope of the Services. h. CONTRACTOR shall operate and maintain a special purpose dedicated checking account for the EVENT, and make all deposits and payments related to the EVENT using the dedicated account. The CITY shall be granted access to the account for reporting/audit purposes and furnished with copies of each monthly statement from the account. i. CONTRACTOR shall maintain copies of all purchase orders, invoices, contracts,receipts,deposits and expenses paid on behalf of the EVENT and provide CITY with copies of same. j. All payments due to CONTRACTOR are to be made by wire transfer or direct deposit. 24 i J is W}'K , ,4 D CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12-28-23 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 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 CONTACT NAME: Thomas Plouffe Specialty Insurance,LTD. (Mcf u.Exl): 203-931-7095 fac.Net:203-931-0682 P.O.Box 16901 E't°AtL Certificates s ecialt insuranceltd.com ADDRESS: @ p Y West Haven,CT 06516 INSURER(S)AFFORDING COVERAGE NAICP INSURER A:Penn-Star Insurance Company 10673 INSURED imam B:Scottsdale Surplus Lines Insurance Company 10672 PSQ Productions,LLC INSURERc:Employers Prefered Insurance Company 10346 48 Waterworks Way INSURERD:Hiscox Insurance Company 10200 Irvine,CA 92618 INSURER E 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 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. • LTR TYPE OF INSURANCE If SD WVD POLICY NUMBER ADEL SUER PM!DDYEFF POLICY LIMITS (fAMIDD YYl (fJhVDDlYYYY) A x COMMERCIAL GENERAL LIABILITY x x CPV0036154 9/26/23 9/26/24 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS•MADE I X I OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S 1,000,000 GENL AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY TO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER �� $ D AUTOMOBILE LIABILITY x x P100.691.568.3 10/28/23 10/28/24 (Ea eBccl(j INGLE LIMIT $ 1,000,000 — ANY AUTO BODILYcc INJURY(Per person) $ ALLOWNAD SCHEDULED BODILY INJURY(Per accident) S X HIREDAUTOSAUTOS X_ AUTOS NON.0WNED PROPERTY DAMAGE S AUTOS (Per acciiddeenl $ B UMBRELLA DAD J OCCUR 0X4009111 9/26/23 9/26/24 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAR I CLAIMS. AUE AGGREGATE $ 5,000,000 DEO RETENTIONS $ C AND EMPLOYER WORKERS SLIABILITY Y/N EIG 4690776 02 1/14/23 1/14/24 NSATION X STATUTE ERH ANY PROPRIETOR/PARTNERIEXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (tlandaloty In NH) E.L.DISEASE..EA EMPLOYEE $ 1,000,000 Uyes fling lip a under b[S�RIPTfONOFOPERATIONSbelow EL DISEASE-POLICY LIMif $ 1,000,000 A Professional Liability x x CPV0036154 9/26/23 9/26/24 Per Occurence: $1 million Aggregate: $1 million DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Huntington Beach,its officers,elected or appointed officials,employees,agents a • vol nteers are added as an additional insured but only with respect to liability arising out of the operations of the na -•*AMOR'R 8ttri%fiffitalicy period.The general liability policy is primary and non-contributory. Ay: 30 day written notice of cancellation and 10 day notice of cancellation for non payment of pr li*,piltiRtided.00 onN'Y CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648-2702 AUTHORIZED REPRESENTATIVE �, 401988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD , r. S POLICY NUMBER: CPV0036154 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II.Who Is An Insured is amended to include as an additional insured the person(s)or organization( s)shown in the Schedule,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: A. In the performance of your ongoing operations;or B.In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties,Inc.,2004 Page 1 of 1 Policy Number:CPV0036154 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional Insured under your policy provided that: The additional insured is a Named Insured under such other insurance;and You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 1 POLICY NUMBER: P100.691.568.3 (HNO) COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED t DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organlzation(s) City of Huntington Beach,its officers,elected or appointed officials,employees,agents and-volunteers Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section U.Who is An Insured is amended to include as an additional insured the person(s)or organization( s)shown in the Schedule,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: A.In the performance of your ongoing operations;or B.In connection with your premises owned by or rented to you. • CG 20 26 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 NTINGT °° ° ° ' City of ._= :untington Beach va • ql e 2000 Main Street ♦ Huntington Beach, CA 92648 • -- (714) 536-5227 • www.huntingtonbeachca.gov `90rs '''� °)0e Office of the City Clerk c°uNT���111 Robin Estanislau, City Clerk • May 1, 2024 PSQ Productions, LLC Attn: Mark Entner 48.Waterworks Way Irvine, CA 92618 Dear Mr. Entne: • Enclosed is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and PSQ Productions for Production and Management Service of the Annual Independence Day Celebration, approved by City Council on March 19, 2024. Sincerely, et11-4414114cd Robin Estanislau, CMC City Clerk RE:ds Sister City: Anjo, Japan 1,,' WTIN GAra„,404.4........„,.. 4. law . _ PSQ Productions \ •''' p R P O Rq T'••• \ ..••' ,�� Fo •. Professional �_ - ,,,err - : Services � i r!/�rf �r?ji�,, �l!?,f •• 1. s =- -- _ • ,_______ _____:__ _ ____„ - - •; ` Agreement ____ ____ 8 , _ _ __ _____ • , , .......z. , �� �'% , /; iiiiir • , J-,-- I noi 0 % tel• --• • 0 .•° ,‹ r March 19, 2024 0 °OUNTN t ,# vatiew Ai" 135 Statement of I PSQ Productions will manage and produce the 2024, 2025, and 2026 Independence Day Celebration events, which include the annual Surf City 5K Run , 4th of July Parade, and Fireworks over the Ocean . °�NTING.r O<- U_ p ` .* GpRPORAr `% et •VP' 1 =ojNP1 136 History • The previous contract expired on September 30, 2023 • A Request for Proposals (RFP) was released on September 7, 2023 • Three (3) firms responded to the RFP by the closing process on Friday, October 20, 2023, after ,<>-T-NGT ,, �\N. extending original deadline of Friday, September -r� `_.___•..� •;fin.�` 29, 2023, to allow for additional submissions. 137 Contractor • PSQ Productions was selected and will manage and produce the 2024, 2025, and 2026 Independence Day Celebration events, which include the annual Surf City 5K Run , 4th of July Parade, and Fireworks over the Ocean . • The Contract will have a three-year term and will automatically terminate three (3) years after o<,* --- P• ORgrf�o""� commencement on September 1 , 2026, or may be fr,1 extended upto two (2) one- ear terms u on mutuals Y p �� � _ - consent of the parties. cDi;IVT`t CP 138 Responsibilities A summary of PSQ Productions responsibilities for the Independence Day celebration: • planning and execution of the 4th of July Parade, Run, and Fireworks Show • sponsorship procurement and sponsor recognition • merchandise, overall event logistics • VIPs, entertainment and public relations; music and entertainment procurement if applicable ��,s,:,..._ • sub-contractor agreements, management and payment � �No PNGr°�% • volunteer development + ''= =r� =�''•`�`� • public / media relations • - °OUNTY tPtiI' 139 Responsibilities • implement all logistical plans • provide general event production and management • provide research and planning • marketing services - • budget development, management, reconciliation, and regular reporting to the City • collaborate with the Independence Day Board for community sponsorships and development of the Event theme, logo, and �o � selection of parade participants and grand marshals ��,4c�= ..... .. o \*9 '•• 140 Responsibilities City responsibilities: • Assign a staff coordinator to work directly with Contractor. • Provide a contingency allowance of no more than $ 10,000 to cover variations that may occur in the expected values of elements of cost or schedule. • Assist with promotion and marketing of the event. j,e0A-IINGt :•_ = ., C" 1 • c cO�NTY �Piij 141 Agreement Compensation through the five-year life of the contract is set at the following: • One Hundred Fifty Thousand Dollars ($150,000) in 2024; • One Hundred Sixty Thousand, Five Hundred Dollars ($160,500) in 2025; and, • One Hundred Seventy-One Thousand, Seven Hundred Thirty- Five Dollars ($171 ,735) in 2026. �/S,��s►,s Gr � 0 vs © ; t- ,C2/ SFr ; o.•,.' e0GNTY tAVi/ 142 Mr. Amory Hanson 8102 Ellis Avenue Apartment 121 Huntington Beach CA 92646 February 20,2024 The Mayoress of Huntington Beach 2000 Main Street • Huntington Beach CA 92648 My Dear Madam Mayoress, I would like to express my support for Item XIII. Sincerely Yours, Mr.Amory Hanson CC:The Honorable Patrick Burns CC:The Honorable Rhonda Bolton CC:The Honorable Daniel Kalmick CC:The Honorable Casey McKeon CC:The Honorable Natalie Moser CC:The Honorable Anthony Strickland SUPPLEMENTAL CQROUNICATION 2/20/2024 Meeting Date: Agenda Item 1=(24-144)43 —�_ SUPPLEMENTAL COMMUNICATION 3/19/2024 From: tikes.Cathy Meeting Date: To: Aaenda Alerts Subject: FW:City Council Agenda Item#14-4th of July Management contract Date: Monday,March 18,2024 10:29:58 AM 14 (24-188) Agenda Item No.; From:Chris Young<outcasthb@earthlink.net> Sent:Saturday, March 16, 2024 12:35 PM To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org> Subject: City Council Agenda Item#14-4th of July Management contract Dear Mayor VanderMark and City Council, I am writing to you for you to delay or elimanate in total the contract for LSQ to manage the City's 4th of July Parade/Run/Fireworks as proposed on the upcoming City Council Meeting agenda dated March 19, 2024, Item#14. This simple question needs to be answered: Why does the Parade need a Management company when for at least 25+years the Parade Board has managed all the activities and raised all the monies that were needed to cover the expenses of the festivities?The current answer as to why this is being proposed is because CC Member Michael Posey pulled an audit on the Board back in 2020 due to the fact that he wanted to know where the$100,000.00 in excess parking revenue was being used. He never asked the Board that question (we could have answered it in about 5 days), instead he spent$25,000 of taxpayer money to have an audit done that actually never really answered his question and created a lot more headaches for the Board at the time. And the Audit was NEVER signed off as accepted by the Board the time of review. For the 15 years that I was on the Executive Board for the 4th, we did ALL of the work (that is listed in the power point presentation under'responsibilities" attached to Item 14), we raised all the money(at least$300,000.00 and usually had excess that rolled over to the following year), we got all the sponsors, we got all the entrants, all the bands, all the subcontractors we did EVERYTHING and we did it for FREE.The City did assist with the City aspect of the operations but the Board did all the items you are now gonna PAY an outside contractor$150.000.00 to do. We were VOLUNTEERS, UNPAID. Yes we had Stacey&at one time Pat Stier that were paid but that was nothing compared to what this new proposal is stating. If you're gonna pay a Management company to do what the the Board does, why have a Parade Board? My proposals(3) are very simple: 1). Do not hire the Management company, instead hire a Fundraising Company to do just that, raise funds to produce the parade. Allow the Board to do what they do, manage the festivities.The Board used to do this with 5 people, now there are 11 so there are that many more to do the work more effectively or 2). Do not hire LSQ for the 2024 parade and instead give the Parade Board the $150,000 for them to produce the parade as they have for many years. It is not fair to bring in LSQ and expect them to produce a parade in 3 months that usually takes 8 months to plan.Then in Septemeber 2024, hire LSQ on a 3 year contract as stated in Item 14. This give them a full 3 years to produce what is expected or 3). Don't hire a management company or a fundraising company at all, instead give the Parade Board the monies that are listed in Item 14 and let them do what they have been appointed to do, manage a parade and all associated activities.The Board has proved in the past that they can do it, and if it wasn't for Posey and his audit,they probably still would be doing it. If they show that they can't do it, then revert back to#1 or#2 above. And one other thing, I read in the contract that LSQ would pay the City a %over the contracted amount each year. Since when did the Parade become a fundraiser for the City? Im all my years on the Board (15),the City wanted very little to do with the overall operations of the parade. We had the "use" of one person in Community Services to deposit monies, log invoices and pay those invoices.That was the extent of the City's interest. But after this Audit, it became apparent that the City wanted the parade to be a source of income. Well then it is very easy, supply funds to the parade in the City budget and let the Board manage the parade as they always have. Any excess monies raised would go to the City since the Board is a Volunteer Board and therefore is NOT PAID. Thank you for your time and if there are any additional questions or clarifications needed, please feel free to reach out to me at the info listed below. Chris Young Outcast Event Consulting 714 292 9184 outcasthb®earthlink.net From: Jo Ann Arvizu To: 5upplementalcomm(alsurfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF). Subject: 3/19/24 Agenda Items Date: Monday,March 18,2024 6:45:58 PM To All City Council Members, Agenda item 24-197 Why is the city proposing a library management System to run our Public Libraries? We are 50 year residents of this fine city. We are very proud of our public libraries. We did not appreciate the council majority move to take away the selection of books process from our educated and trained librarians and turn it over to rank amateurs. The attempt to privatize our library system reeks of more possible corruption. We are against privatizing our library system. Agenda 24-194 Increasing the number of permits for selling safe and sane fireworks from 15 to 16. Now that is all fine and dandy! How about getting the HB Police and Fire Department to enforce the law prohibiting the discharge of highly unsafe fireworks into the skies of our city every 4th of July? It is a battle zone every year and its a simple matter of citing the perpetrators that set them off with a very expensive citation. There has to be a city ordinance against these actions in place now. Are you waiting for some homes and businesses to burn down before responding? Agenda 24-160 A three year contract costing the city $750,000 for liability claims and processing. That sounds like it should be the job of our city attorney and his team. Didn't he get a healthy pay increase above what his predecessor earned. I understand he also increased his staff as well. Three quarters of a million dollars is to much for our taxpayers to pay for something they already pay for. We are against the approval of this contract. Agenda 24-188 A three year professional services contract for production and management of the 4th of July Parade. Our parade, the Largest 4th of July west of the Mississippi, has been outstanding in all the years we have attended. There is no reason to turn it over to a private company. Our parade is well managed, well attended and enjoyed by all! Do not turn it over to another entity. It is NOT broken, so no need to fix it! Again spending more of our tax dollars! Al and Jo Ann Arvizu 50 year HB residents jarvizu@socal.rr.com UNTINGrp 2000 Main Street, 01 Huntington Beach,CA a92648 City of Huntington Beach ITEM WITHDRAWN FROM 9casz. CONSIDERATION C0UNTY File #: 24-144 MEETING DATE: 2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Ashley Wysocki, Director of Community & Library Services PREPARED BY: Molly Uemura, Community & Library Services Manager Subject: Approve and execute a five-year Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the annual Independence Day Celebration Statement of Issue: In order to facilitate the City's annual Independence Day celebration, there is a need to approve a professional services contract between the City and PSQ Productions (Contractor), to manage and produce the 2024, 2025, 2026, 2027, and 2028 Independence Day Celebration events, which include the annual Surf City 5K Run, 4th of July Parade, and Fireworks over the ocean. Financial Impact: Sufficient appropriations are budgeted in the General Fund Fourth of July account 10045302 to cover payments due to PSQ Productions through the end of this fiscal year. Future fiscal years will be budgeted accordingly. Compensation through the five-year life of the contract is set at the following: • $150,000 in 2024. • $160,500 in 2025. • $171,735 in 2026. • $183,756 in 2027. • $196,619 in 2028. Recommended Action: Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the annual Independence Day Celebration. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. City of Huntington Beach Page 1 of 3 Printed on 2/14/2024 NOACTION TAKEN powerE LegistarTM File #: 24-144 MEETING DATE: 2/20/2024 Analysis: The previous contractor's professional services contract expired September 30, 2023. Per Municipal Code 3.03, all professional services contracts over $30,000 must be competitively bid. Given the scope of services needed for the production and management of the Independence Day Celebration, as well as the direction from Independence Day Board council liaisons, a new Request for Proposal (RFP) was released for contracted services to manage and produce the City's Celebration, including the annual Surf City 5K Run, 4th of July Parade, and Fireworks over the ocean. On September 7, 2023, the RFP was released. A total of three firms responded by the closing of the qualification process on Friday, October 20, 2023. A review panel was established to evaluate and score each submittal. The review panel, comprised of City staff representing three different City departments, thoroughly reviewed all three proposals based on objective evaluation criteria and established a weighted score for each qualified applicant. Based on the scores, all three firms were invited to present their proposals to the panel via in-person interview, with PSQ being the recommended contractor. Upon approval, the Professional Services Contract (Contract) will have a five-year term and will automatically terminate five (5) years after commencement on September 1, 2028. The Contract may be extended up to five (5) one-year terms upon mutual consent of both parties. The Contract establishes areas of responsibility of the City and PSQ Productions for the production and management service of the annual Independence Day Celebration. A summary of responsibilities for the Independence Day celebration is listed below. A more detailed listing is included in Exhibit B of the Contract (Attachment 1). PSQ Production Responsibilities: a) Planning and execution of the 4th of July Parade, Run, and Fireworks Show. b) Sponsorship procurement and sponsor recognition. c) Merchandise, overall event logistics. d) VIPs, entertainment, and public relations; music and entertainment procurement if applicable. e) Sub-contractor agreements, management, and payment. f) Volunteer development. g) Public/media relations. h) Implement all logistical plans. i) Provide general event production and management. j) Provide research and planning. k) Marketing services. I) Budget development, management, reconciliation, and regular reporting to the City. m) Collaborate with the Independence Day Board for community sponsorships and development of the event theme, logo, and selection of parade participants and grand marshals. City Responsibilities: a) Assign a staff coordinator to work directly with Contractor. b) Provide a contingency allowance of no more than $10,000 to cover variations that may occur in the expected values of elements of cost or schedule. City of Huntington Beach NO TAKEN Printed on 2/14/2024 power LegistarT" File #: 24-144 MEETING DATE: 2/20/2024 c) Assist with promotion and marketing of the event. With regard to other event costs, any additional event expenses will be covered through other revenue streams (i.e., parade entry fees, event ticket sales, entry fees, merchandise sales, and sponsorships), which will be coordinated and handled directly by the Contractor. Historically, the increased parking charge collected at the south beach attended lots and the Main Promenade Parking Structure over the three-day period raises between $120,000 and $135,000 (depending on the day of the week that July 4th falls on) and have been used to offset the Contractor's fee. Within 30 days of the Event, Contractor and City will reconcile all revenues and expenses for the Event. If there is a net positive in the account, the funds will remain in the established Independence Day account to fund the Event in upcoming years. If expenses exceed revenues, the City may be responsible for reimbursing PSQ Productions pending a review by City and Contractor of the Event budget and all approved expenses and revenue opportunities. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attach ment(s): 1. Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the Annual Independence Day Celebration. 2. PSQ Productions PowerPoint. City of Huntington Beach P o 3'_}� ��j Printed on 2/14/2024 NOACM-UN TAKEN powere22o1/LegistarT^" City Council/ ACTION AGENDA February 20, 2024 Public Financing Authority 11. 24-120 Approved and executed a 5-year Recreation Facility Use Agreement between the City of Huntington Beach and the Huntington Beach City School District for joint use of school recreation facilities Recommended Action: Authorize the Mayor and City Clerk to execute and approve a Recreation Use Agreement between the City of Huntington Beach and Huntington Beach City School District for joint use of school recreation facilities. Approved 6-0-1 (McKeon-Absent) 12. 24-137 Approved the formal naming of parkland located at 17281 Eucalyptus Lane as "Vella Park," as recommended by the Community & Library Services Commission Recommended Action: Approve the naming of parkland located at 17281 Eucalyptus Lane, "Vella Park," in honor of fallen Police Officer Nicholas Vella, as recommended by the Community & Library Services Commission. Approved 6-0-1 (McKeon-Absent) 13. 24-144 ITEM WITHDRAWN FROM CONSIDERATION executed five-year Professional Services Contract between 14. 24-154 ITEM TABLED TO A DATE UNCERTAIN Request to adopt Resolution No 2024-08 revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding the number of permits issued for Safe and Sane Fireworks from fifteen (15) to sixteen (16) Recommended Action: Adopt Resolution No 2024-08, "A Resolution of the City Council of the City of Huntington Beach revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding safe and sane fireworks." Approved 6-0-1 (McKeon-Absent)— tabled for revisions to resolution language Eira 15. 23-1050 Approved and authorized execution of three (3) contracts: Oil Well Abandonment, Civic Center Lease Closure, and Miley Keck c PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSQ PRODUCTIONS. ,f FOR PRODUCTION AND MANAGEMENT SERVICE OF THE ANNUAL INDEPENDENCE DAY CELEBRATI THIS AGREEMENT ("Agreement") is made and entered i► o by and between the City of Huntington Beach, a municipal corporation of the Sta . of California, hereinafter referred to as "CITY", and PSQ Productions, LLC., a co ••ration, hereinafter referred to as"CONTRACTOR". WHEREAS, CITY desires to engage t - services of a CONTRACTOR in producing the 2024, 2025, 2026, 2027, and 20 : Independence Day Celebration; and Pursuant to documentation on file i, the office of the City Clerk, the provisions of the Huntington Beach Municipal C•de, Chapter 3.03, relating to procurement of professional service contracts have een complied with; and CONTRACTOR has be selected to perform these services, NOW, THEREFO' ', it is agreed by CITY and CONTRACTOR as follows: 1. SCOPE • SERVICES CON ' ' • CTOR shall provide all services as described in Exhibit "A", which is attache, hereto and incorporated into this Agreement by this reference. These services shal ometimes hereinafter be referred to as the"PROJECT." CONTRACTOR hereby designates Mark Entner, who shall represent it and b: its sole contact and agent in all communications with CITY and CONTRACTOR d ng the performance of this Agreement. NO ACTION TAKEN 1 2. CITY STAFF ASSISTANCE ,,/ CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of 'ONTRACTOR are to commence on (the"Commencement Date"). ' is Agreement shall automatically terminate five (5) years after commencement on ptember 1, 2028, unless extended or sooner terminated as provided herein. Upon mutut,al agreement by both Parties, the Agreement maybe extended upto five (5) 1-year term"s. All tasks specified in Exhibit g ,�`� "A" shall be completedJuly on or before 4 of each/year in 2024, 2025, 2026, 2027, and 2028. The time for performance of the tasks id ratified in Exhibit "A" are generally to be shown in Exhibit "A". This schedule may be amended to benefit the PROJECT if mutually agreed a d to in writingbyCITY CONTRACTOR. In the event the C mmencement Date precedes the Effective Date, CONTRACTOR shall be boun l by all terms and conditions as provided herein. 4. COMPENSATION In considefation of the performance of the services described herein, CITY agrees to pay CONTRAACTOR a fixed Fee in quarterly installments as specified in Exhibits "B",which is att 6hed hereto and incorporated by reference into this Agreement. The Fee, including all osts and expenses, not to exceed ONE HUNDRED FIFTY THOUSAND in ONE HUNDRED SIXTY THOUSAND, FIVE DOLLS ($150,000) 2024; HUNDRED DOLLARS ($160,500) in 2025; ONE HUNDRED SEVENTY-ONE 2 THOUSAND, SEVEN HUNDRED THIRTY-FIVE DOLLARS ($171,735) in 2026; ONE . HUNDRED EIGHTY THREE THOUSAND, SEVEN HUNDRED FIFTY/SIX DOLLARS ($183,756) in 2027; and ONE HUNDRED NINETY SIX THOUSAN , SIX 1 6 19 in 2028. Com.e` nsation for HUNDRED NINETEEN DOLLARS ($ 9 ,6 ) , ip CONTRACTOR and CITY shall also include additional revenue o ortu'nities as specified pp in Exhibit"B". 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit"A" or changes in the Scope of Services described in Exhibit "A", CONTRACTOR will undertake such work only after receiving writt authorization from CITY. Additional compensation for such extra work shall be llowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENTS CONSULTANT 'hall be paid pursuant to the terms of Exhibit "B". 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that title to all materials prepared hereunder, including, limitation,itation,all original drawings,designs,reports,site plans,vendor lists, sponsor contract`s and agreements, parade entry contact information, timelines, runner and volunteer data/ bases, service provider invoices and contact information,parade scripts,web domains; login and passwords for websites and social media accounts, maps/routes, / . memoranda, letters, spreadsheets, and other documents, shall belong to CITY, and i .0 ONTRACTOR shall turn these materials over to CITY immediately upon request, or �,� 3 upon expiration or termination of this Agreement, or upon completion of PROJECT, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. CONTINGENCY ALLOWANCE CITY shall provide a Contingency Allowance of no more than TEN- THOUSAND DOLLARS ($10,000) to cover variations that may occtf in the expected however, do not apply to co e or quality. City values of elements of cost or schedule, o pp y p q Y must preapprove at its sole discretion any Contingency Allowance. 9. HOLD HARMLESS CONTRACTOR hereby agrees to protecctt,,defend,indemnify and hold harmless CITY its officers, elected or appointed officials; employees, agents and volunteers from P and against any and all claims, damages, losses, expenses, judgements, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liabilityof anykind or nature) arisingout of or in connection with CONTRACTOR's (or if CONTRACTOR's sub-contractors, if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement byCONTRACTOR, its officers, agents or employees except such loss or g damage which was/caused by the sole negligence or willful misconduct of CITY. CONTRACTOR/will conduct all defense at its sole cost and expense and CITY shall approve seleection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liab yl` 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 ONTRACTOR. 4 10. PROFESSIONAL LIABILITY INSURANCE CONTRACTOR shall obtain and furnish to CITIY a professional liability insurance policycoveringthe workperformed byit hereunder. This policy shall p ovide coverage for CONTRACTOR's professional liability in an amount not les than One Million Dollars ($1,000,000.00) per occurrence and in the aggregat . The above- mentioned insurance shall not contain a self-insured retention, "ded ctible" or any other similar form of limitation on the required coverage except with t e express written consent of CITY. A claims-made policy shall be acceptable if the .olicy further provides that: A. The policy retroactive date coi •ides with or precedes the initiation of the scope of work (incl-ding subsequent policies purchased as renewals or replaceme s). B. CONTRACTOR s all notify CITY of circumstances or incidents that might give rise to future claims. CONTRACTOR w'ill make every effort to maintain similar insurance required extended` eriod of coverage followingPROJECT completion. If during the / p g insurance is terminated for any reason, CONTRACTOR agrees to purchase an extended reporting provision o t least two (2) years to report claims arising from work performed in connection with this Agreement. / �1/If CONTRACTOR fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with proof that insurance has been procured and is in force and paid for,the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect 5 CONTRACTOR's right to be paid for its time and materials expended prior to notification of termination. CONTRACTOR waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 11. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY a certificate of insurance subject to approval of the ,City Attorney the foregoing insurance coverage as required bythis Agreement;the certificate evidencing g q shall: A. provide the name and policy number of/ ach carrier and policy; ate that the olic is currentl in for'force; and B. st p y y C. promise that such policy shall of be suspended, voided or canceled by either party, reduced in overage or in limits except after thirty (30)days' prior written otice;however,ten(10) days' prior written notice if the event cancellation for nonpayment of premium. CONTRACTOR shall aintain the foregoing insurance coverage in force until the work under this Agreem t is fully completed and accepted by City. The requirem t for carrying the forgoing insurance coverage shall not derogate from CONT TOR's defense, hold harmless and indemnification obligations as set forth in this A eement. CITY or its representative shall at all times have the right to demand the or'ginal or a copy of the policy of insurance. CONTRACTOR shall pay, in a prompt an timely manner, the premiums on the insurance hereinabove required. 6 . / 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 employe of CITY. CONTRACTOR shall secure at its own cost and expense, and be resposnsible for any and / all payment of all taxes, social security, state disability inssur`ance compensation, unemployment com compensation and other payroll deductions for'CONTRACTOR and its P pY officers, agents and employees and all business licenses any, in connection with the PROJECT and/or the services to be performed here der. 13. TERMINATION OF CONTRA/CT A. CITY may terminate this Agreement without cause, effective after 30 days' prior written notice to CONTRACTOR("Notice Period"). In the case offttermination without cause: i CITY shall release CONTRACTOR from all obligations under this and shall assume full liability for all existing endor, subcontractor, supplier, sponsor, talent and venue contracts that have been entered into as part of the Event and previously approved by CITY. (ii) CONTRACTOR shall be entitled to payment for the current PROJECT year up until the date of termination and shall be paid the outstanding balance of the fee within seven (7) days of receiving a final invoice detailing work completed. CONTRACTOR shall also be entitled to retain all commissions 7 earned through the sales of CITY-approved sponsorships prior` g to the date of termination, and, in the case of mule y ar sponsorship agreements, CONTRACTOR may retain said commissions, however, the City shall not be re ponsible for the payment thereof. (iii)CONTRACTOR shall deliver an audit report to CITY detailing the status of the PROJECT budget and all accounts payable/receivable and transfer'� the balance of all funds held on behalf of CITY, less applicable sponsor commissions due to the CONTRACTOR, to GITY's designated fiduciary or account no later than the cone IZsion of the Notice Period. /1 (iv)CONTRACTOR shall work amicably with CITY to effectively transfer al/PROJECT communications, contacts, materials and operations to CITY-designated agents and assignees. 14. ASSIGNMENT'AND DELEGATION This Agree ent is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONTRACTOR 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 sub-contractors must satisfy the insurance'requirements as set forth in Section 9 and 10 hereinabove. 8 15. COPYRIGHTS/PATENTS / CITY shall own all rights to any patent or copyright on any work, item r material produced as a result of this agreement. 16. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY i EMPLOYEE IN THE WORK PERFORMED PURSUANT TO/THIS Agreement. No officer or employee of CITY shall have any financial interest inst'his Agreement in violation of the applicable provisions of the California Government/Code. 17. NOTICES 1 Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRAC OR's agent (as designed in Section 1 hereinabove)or to CITY as the situation sl all warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified, below. CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates, electronic correspondence, or other if communications will be sent by notifying the other party via personal delivery, or reputable overnight carrier or UPS. certified mail-return receipt requested, or electronic mail system: TO CITY: • . TO CONTRACTOR: City of Hunti,gton Beach PSQ Productions, LLC. ATTN: Cito Manager ATTN: Mark Entner 2000 Mai`Street 48 Waterworks Way Huntington Beach, CA 92648 Irvine, CA 92618 9 18. CONSENT When CITY's consent/approval is required under this Agreement, sits /. consent/approval for one transaction or event shall not be deemed to be conserit/a pr' pP oval 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, para raph and subject headings, and , descriptive phrases at the beginning of the vario-s sections in this Agreement are merely descriptive and are included solely for cc nvenience of reference only and are not e resentative of matters included or ex luded from such provisions, and do not interpret, representative � define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision o this Agreement. 21. INTERPRET TION OF THIS AGREEMENT The lang 'age 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/f th'is Agreement is held by an arbitrator or court of competent jurisdiction to be unenfo.ceable, void, illegal or invalid, such holding shall not invalidate or affect the remainin 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 10 • / to include the other whenever the context so indicates or requires.Nothing containedein shall be construed so as to require the commission of any act contrary to law, and wherever there is anyconflict between anyprovision contained herein and any present or future statute, law, or ordinance or regulation contrary to which the partie,thave no right to contract, then the latter shall prevail, and the provision of this agreement which is hereby f,r 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 bee n prepared and signed in counterparts as duplicateriginals, each of which so executed shall, irrespective of the date of its execution and elivery,be deemed an original. Each duplicate . original shall be deemed an original ins;rument as against any party who has signed it. 23. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply provisions the of the'at United States Code regarding employment verification. / 24. LEGAL SERVICES SUB-CONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the/scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive p / legal counsel for CITY; and CITY shall not be liable for payment of any legal services / 11 - / expenses incurred by CONTRACTOR. 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, g / 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. 26. SURVIVAL / Terms and conditions of this Agreement, w ich by their sense and context survive the expiration or termination of the Agreement, shall so survive. 27. GOVERNING LAW This Agreement shall be gove ed and construed in accordance with the laws of the State of California. 28. SIGNATORIES Each undersigned represents and warrants that its signature herein below power,the authority and right to bind their respective parties to each of the terms of this Agreement, and shall demnify CITY fully for any injuries or damages to CITY in the event that such aut-orrty or power is not, in fact,held by the signatory or is withdrawn. 29. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement reely and voluntarily following extensive arm's length negotiations, and that each h s had the opportunity to consult with legal counsel prior to executing this Ag ement. The parties also acknowledge and agree that no representations, inducements, 12 promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on the party's behalf, which are not embodied in this Agreement, and that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire greement 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. ` 30. EFFECTIVE DATE This agreement shall be effective on thrdate of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have/ caused this Agreement to be executed by and through their authorized officers./ 13 CONSULTANT, CITY OF HUNTINGTON BEACH a PSQ PRODUCTIONS,LLC municipal corporation of the State of California B . �l1l21(t- �n/t n/' Mayor print name ITS: (circle one)Chairmar�l residen ice President City Clerk AND INITIATED AND APPROVED: By: Director of Library&Community.Services print name =`� ITS:(circle one)Secretary/ of Financial l Officer/Asst.Secretary-Tre VIEWED AND APPROVED: City Manager APPROVED AS TO FORM: CG City Attorney 14 CONSULTANT, CITY OF HUNTINGTON BEACH, a PSQ PRODUCTIONS, LLC municipal corporation of the State of California By: Mayor print name ITS: (circle one) Chairman/President/Vice President City Clerk AND ITIATED AND APPROVED: By: J 1h., Director of �'e' & Community Services print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary- Treasurer REVI s ED AND APPROVED: City Manager APPROVED 0 . City Attorne 14 EXHIBIT "A" CONTRACTOR SCOPE OF SERVICES PSQ PRODUCTIONS, LLC /A. STATEMENT OF WORK: The CONTRACTOR is required to attend planning mee'ings with the BOARD and CITY staff as needed. CONTRACTOR shall assume4r se ponsibility, with oversight from the CITY and in collaboration with the BOARD;When deemed necessary by CITY, for all planning; sponsorship procurement; ,music and entertainment procurement; sub-contractor management; volunteer de elopment; pre-, day-of, and post-event public / media relations; pre-, day-of, and post-event production and management; and all other facets of event production and management. Of note, deliverables must communicate the CITY's n essage of "family-friendly" events and activities. B. CONTRACTOR'S DUTIES AND RESPONSIBILITIES: In general, CONTRACiTOR will provide or sub-contract the following services. These services are genera l in nature and are not all-inclusive of the duties and responsibilities of the CONT/X CTOR. • Resear�cli & Monthly Planning •• Legacy review of prior Event years to ascertain and evaluate best practices, budget history and preferred vendor relationships. • Conduct surveys of previous Event partners to solicit feedback and identify key success elements. • Attend and contribute to monthly Independence Day Board meetings. • Marketing & Sponsorship 15 • Develop and manage omni-channel online/social, 00H and print marketing campaign concepts and fulfillment. ./ • Review overall Event sponsorship program and recommend strategies and activations to maximize revenue potential. • Solicit, negotiate, and implement/manage all sponsorship contracts. ( " • Coordinate a sponsor recognition package and/or event as well as VIP amenities for CITY diitaries, as agreed upon in writing by CITY and CONTRACTOR no less than 30 days prior to EVENT. • Financial Planning • Develop a comprehensive Event budget for approval by the CITY. • Manage all/Budget and Scope changes as required to deliver the Event/within the approved budget. • Manage,collect,and securely hold all sponsorship,booth sales, donations,food,beverage, merchandise cash receipts collected AP ,during the Event, and other forms of revenue. s/' Settlement of all vendors and invoices within the Scope of Services. • Reconciliation of budgets and weekly/monthly financial reporting to the CITY as requested. • Produce a final audit and settlement of all revenues and expenses within 30 days after the completion of the Event. • Parade Planning • Develop/distribute parade qualifications and application. • Once CONTRACTOR has selected final Parade entries, present to BOARD for their knowledge. 16 • Develop parade site map, including route, staging areas, VIP areas, announcer and media coverage areas, and grandstand seating areas, if applicable. '�/ '`c • Conduct appropriate outreach to ensure the paradeontains at least 200 entries and to meet budget expectations and timing for television coverage of the Event. • Develop parade regulations and procedures for participants and distribute to all attendees. • Coordinate logistics, security route closures & equipment needs with City Staff and departments, or other authorized agencies. • Oversee media credintialing and coverage opportunities with media affiliates and approved media outlets in coordination with the City)/Office of Communications. • Develop parade scripts for all announcers along the parade route, in addition to media coverage announcers, for constancy. • Oersee parade line-up, staging, and disbanding. • Secure and setup adequate VIP area staging and seating and required AV production elements for parade coverage/announcers. • Fireworks Planning • Oversee RFP process to award fireworks display contract. • Oversee and manage winning bidder for execution of all deliverables. • Coordinate security and logistical planning with CITY Staff and departments. 17 • Obtain required permits from appropriate CITY and County authorities, if applicable. • Develop/approve musical programming and secure all,quired licensing/clearances. // • Coordinate Pier seating for Fireworks show, including sale of ticket packages, Pier seating layout, rental s uipment, and any applicable VIP amenities. /F • Run Event Planning • Oversee subcontractors and/or r°ovide primary run program management. • Manage t-shirt, runner medals and branded merchandise program. . • Coordinate event/Marketing and oversee/develop runner registration, ensking participation of over 3,500 runners to meet budgetrexpectations. • Provide professional timing services and runner results. • Coor li to logistics, route planning, safety and street closures wit.'City Staff and departments or other authorized agencies. • Coordinate runner's expo event if so authorized as part of final Event budget/scope. • Collaborate with other contractors,consultants,and vendors CITY may hire in the course of presenting the event. • Specific Event Permit—CONTRACTOR shall apply for and obtain a City of Huntington Beach Specific Event Permit in accordance with Municipal Code 13.54. Specific Event Permit fees to be waived by CITY. C. ADDITIONAL ACTIVATIONS CITY and CONTRACTOR agree that in 2024, the Event shall include the Parade, Run, and Fireworks Events. Should the CONTRACTOR wish to expand the 18 activations of the Event in future contract years to include additional festivals, block parties, community parades, or other elements, CONTRACTOR may propose the w elements in writing for approval by CITY. Any new Event activations shall be fu ded by CONTRACTOR P through the Event budget and/or sponsorships and shall not be the g g financial responsibility of CITY. D. CITY'S DUTIES AND RESPONSIBILITIES: 1. CITY will designate a staff liaison through the Director of Community & Library Services and any change in that pers n will be noticed in writing. 2. CITY shall provide meeting rooms f-r meetings, when available, at no cost to CONTRACTOR. 3. CITY will assist with promotion and marketing of the event through social media, SANDS Re,reation Guide, placing information on the CITY's website, and allowing promotional materials to be placed in City Hall and community facilities, such as community centers and libraries, with the ,b�pproval of the City's Office of Communication. 4. The CITY's stf liaison will work with CONTRACTOR on providing a VIP and dignitary list. D. WORK PROGRAM/PROJECT SCHEDULE: / 1. Wor s all commence upon execution of the Agreement by both parties and ap rival by the City Council of the City of Huntington Beach. 2. All tasks specified in Exhibit "A" shall be completed on or before July 4 of each year in 2024, 2025, 2026, 2027, and 2028. 3 This schedule may be amended to benefit the Project if mutually agreed to / in writing by CITY and CONTRACTOR. 4. In the event the Commencement Date precedes the Effective Date, CONTRACTOR shall be bound by all terms and conditions as provided herein. i 19 5. CITY shall apply for and obtain Caltrans street closure permits related to the 4th of July Parade. 20 EXHIBIT "B" , Payment Schedule // (2024 - $150,000; 2025 - $160,500; 2026 - $171,735; 2027 - $183,756; 2028 - $ 6'61F9 ,619 1. CONTRACTOR shall be entitled to three (3) installment payents toward the fixed Fee set forth herein in accordance with the following progre-`s and payment P schedules. Upon submission of any invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in/accordance with this Agreement, CITY shall approve and process the appropriate in tallment payments, within thirty (30) days of receipt of said invoice by CITY./uch approval shall not be Y unreasonably withheld. If CITY does not approve/an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the1option of CITY be suspended until the parties agree that past performance by CONTRACTOR is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Such invoices shall: A) Reference this�greement; B) Describe the/services performed; C) Show the total amount of the payment due; D) Include/a certification by a principal member of CONTRACTOR's firm/,tfiat the work has been performed in accordance with the provisions of this Agreement; and E) or all payments include an estimate of the percentage of work completed. 2. ,9ONTRACTOR shall use the Fee Schedule as included in the City Council approved M ter Fee and Charges Schedule, CommunityServices-Charges, Resolution PP g #2019-87, and any subsequently updated Fee Resolution during the Term of the Agreement: 21 3. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work perfor is in accordance with the extra work or additional services requested, and if CITiY is satisfied that the statement of hours worked and costs incurred is.accurate. Such ap roval shall not be unreasonably withheld. Any dispute between the parties conceying payment of such an invoice shall be treated as separate and apart from the ongoing'performance of the remainder of this Agreement. // 1. BUDGET,FEES & TERMS OF PAYMENT / a. CONTRACTOR shall provide the Services de/scribed herein for a Fee of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) during the first year of the Agreement. For eac subsequent year during the Term related to the 2025,2026,2027,an/028 Events,the Fee shall be increased in accordance with the schedule/provided by CONTRACTOR to CITY during negotiations. / b. The Fee shall be paid to CONTRACTOR in installments during the first year of the Agreement as/follows: (i) 50% due/upon execution of Agreement; (ii) 25%due no later than April 30, 2024; (iii) 25 0 due no later than July 31, 2024; c. The Fee for each subsequent year in the Term,related to the 2025 and 2026, 2027, and/2028 Events and any option years exercised, shall be due with a 50% first installment due by December 31' of the preceding year and two (2)/25% installments on April 30th and July 31st of the event year. d. All revenues from the Event shall be accounted for in the following order: (i) Revenues, including but not limited to ticket sales, sponsorships, parade entries, and donations shall offset 22 expenses incurred by CONTRACTOR in the production of the Event in accordance with the Event budget. (ii) If revenues exceed the expenditures and there is a ne�e positive in the Event account, CONTRACTOR will be eligible to earn additional compensation on sponsorship and donations as follows: (a) 25% of total revenue generated during the event from new vendors; 10%of revenues from turning 2023 vendors with 25% of new revenues over 2023 revenues. (b) Ticket sales and parade entries will not be eligible for the revenue split and shall be deposited directly into the account to fund the Event. (iii) If Event expenses e ceed total revenue, the CITY would be responsible for reimbursement of CONTRACTOR direct Event �ex enses pendinga review of the mutually approved expenses, event budget and the reconciliation of expenditures with invoices/or receipts from vendors as agreed upon by both parties no more than 30 days following July 4 each year. (iv) CONTRACTOR may provide subcontractor services required for the Event that are within CONTRACTOR's direct capabilities, provided that CONTRACTOR charge competitive market rates for such services and provide advance disclosure to the CITY of the areas in which it intends to provide the services. e. In consultation with the CITY, CONTRACTOR will develop an initial Budget Estimate for the entire Event to be submitted for adoption by CITY no later than 14 days after completion of the Legacy Review. f. During the Term, CONTRACTOR shall notify the CITY of any anticipated or known material increase to the EVENT Budget, defined as any change 23 due to an individual line item or group of related items which change in ,, price for any reason, increase the EVENT Budget by more than $5,000.00 and represent an unfunded budget expense against known revenues:" The CITY shall have 72 hours from receipt of notice to approvymodify or cancel the relevant Scope of Work related to the material ftyrease. Failure of the CITY to modifyor cancel the relevant scope of work within the notice period shall constitute approval of the material increase and financial obligations associated therewith. g. From time to time,the CITY may request c h ges to the Scope of Work or Services,which must be submitted to CO TRACTOR in writing, at which time CONTRACTOR shall provide th CITY with a written analysis and financial estimate as soon as is reasonably possible, detailing the costs and feasibility of the CITY request. T,he CITY request shall not become binding upon CONTRACTOR nor bencluded in the Services, unless and until the CITY approves the financial estimate and revenue allocation recommended by CONTRACTOR, and/CONTRACTOR certifies the request as feasible within the Scope of the ervices. h. CONTRACTOR shall operate and maintain a special purpose dedicated checking accou t for the EVENT, and make all deposits and payments related to the/EVENT using the dedicated account. The CITY shall be granted access to the account for reporting/audit purposes and furnished with copies of each monthly statement from the account. i. CONTRACTOR shall maintain copies of all purchase orders, invoices, contacts,receipts, deposits and expenses paid on behalf of the EVENT and provide CITY with copies of same. j./All payments due to CONTRACTOR are to be made by wire transfer or direct deposit. 24 s ,...Jt 141 0 �°I /W CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12-28-23 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 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 CONTACT Thomas Ploulfe Specialty Insurance,LTD. INC.PrN.Exi); 203-931-7095 a No):203-931-0682 E'MA'Ls Certificates S ecialt insuranceltd.com P.O.Box 16901 AODREss: @ p Y. West Haven,CT 0651.6 INSURER(S)AFFORDING COVERAGE NAIC'# INSURER A:Penn-Star Insurance Company 10673 INSURED INSURER a:Scottsdale Surplus Lines Insurance Company 10672. PSQ Productions,LLC INSURER c:Employers.Prefered Insurance Company 10346 48 Waterworks Way INSURER to:Hiscox Insurance.Company 10200 Irvine,CA 92618 INSURER E: 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 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. i INSR ADDL SUER - - POLICY EFF POLICY EXP 1 LTR TYPE OF INSURANCE INSD wvD POLICY NUMBER (MMIDD(YYYY) (MMWDD/YYYY) LIMITS A X COh1MERC(ALGENERAL LIABILITY x x CPV0036154 9/26/23 9/26/24 EACH:OCCURRENCE $ 1,000,000 GE TO CLAIMS-MADE X OCCUR PRA M SES(EacNTED occurrrence). $ 100,000 MED EXP(Any one person) . .:S 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,UU0 X POLICY JEC PROT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ D AUTOMOBILE LIABILITY x x P100.691.568.3 10/28/23 1.0/28/24 CEaOMaccldeBINEDntlSINGLELIMIT $ 1,000,000 ( ANY AUTO _ BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS X HIRED AUTOS X NON-OWNED' PROPERTY DAMAGE $ AUTOS (Per accident) $ B UMBRELLA LIAB OCCUR CX4009111 9/26/23 9/26/24 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE g_ 5,000,000 DED RETENTIONS $ WORKERS COMPENSATION X STATUTE PER ERH` C AND EMPLOYERS'LIABILITY Y7 N EIG 4690776 02 1/14/23 1/14/24 TUTE ANY PROPRIETOR/PARTNER/EXECUTIVE N IA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEIABER EXCLUDED? (MandatorylnNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under, DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liability x x CPV0036154 9/26/23 9/26/24 Per OcCurence: $1 million Aggregate: $1 million DESCRIPTION OF OPERATIONS I LOCATIONS%VEHICLES(ACORD 101,'Additional Remarks Schedule,may be attached Nome space Is required) City of Huntington Beach, its officers, elected or appointed officials,employees, agents a,s volunteers,are added as'an additional insured but only with respect to liability arising out of the operations of the na :1119AR, 'ril�Q ficellillicy period.The general liability policy is primary and non-contributory. n By: � �U(.....(/ 30 day written notice of cancellation and 10 day notice of cancellation for non payment of l ll1ti ti Rvided. CITY OF'HUNTINGTON BEACH CERTIFICATE HOLDER. CANCELLATION Cityof Huntington Beach g SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach, CA 92648-2702` ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©19882014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER. 0V0036154. COMMERCIAL GENERAL LIABILITY.. C,G 20 26.07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) City of Hunttingtoti Beach;itsrtofficets,electe l oi,appointed officials;employees, agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II.Who Is An Insured is amended to include as an additional insured the person(s)or organization s)shown in the"Schedule, 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: A.In the performance of your ongoing operations;or B. In connection with your premises owned by or rented to you. { CG 20 26.07:04 0 ISO Properties, Inc., 2004 Page 1 of 1 • Policy Number CPV0036154 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARYAND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: The additional insured is a Named Insured under such other insurance;and You have agreed in writing in a contractor agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 ©Insurance Services Office,Inc.,2012 Page 1 of 1 POLICY NUMBER: P100.691.568.3 (HNO) COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II.Who Is An Insured is amended to include as an additional insured the person(s)or organization( s)shown in the Schedule, 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: A. In the performance of your ongoing operations;or B.In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 i . . „or,A,........-,. _ ........ \\ -11 1 N' TlNG0Productions * - ......._ T 1 �� .. �, Professional • _,_ , Services - -� • Agreement .; ;��( ern (I r - � _____ ______ _...„ ....._____ .... _.„ __ _____ • ____ • ,„, is . . ,. -4 . ,-- ,,/ 1./...„/. , ? . ��y. _ ` 1 •. „-�. P.-. •• • 17 9 0'1 - ,�. -,,. �C February 20, 2024 .....• ` 0 c1' CrNT,.. ,r 261 Statement of I PSQ Productions will manage and produce the 2024, 2025, 2026, 2027, and 2028 Independence Day Celebration events, which include the annual Surf City 5K Run , 4t" of July Parade, and Fireworks over the- Ocean . o ji�vNT.I NG.T - <- 0 ` / 0`, ,�,N�pRPOAATet> �f�\� .77 AUNTY �;ii 262 History • The previous contract expired on September 30, 2023 • A Request for Proposals (RFP) was released on September 7, 2023 • Three (3) firms responded to the RFP by the closing process on Friday, October 20, 2023, after ,,,�N ,N�T extending original deadline of Friday, September1 \ ç\ 29, 2023, to allow for additional submissions. " -== = =--= _9 COUNTY V , 263 Contractor • PSQ Productions was selected and will manage and produce the 2024, 2025, 2026, 2027 and 2028 Independence Day Celebration events, which include the annual Surf City 5K Run , 4th of July Parade, and Fireworks over the Ocean . • The Contract will have a five-year term and will r " --- automaticallyyears after � tI �N PN...To�; terminate five 0, �`:• .N� ATE;••..• \ commencement on September 1 , 2028, or may be extended up to five (5) one-year terms upon mutual ;9'v. 4z consent of the parties. '_. 001A 0\\-,#' 264 Responsibilities A summary of PSQ Productions responsibilities for the Independence Day celebration: • planning and execution of the 4th of July Parade, Run, and Fireworks Show • sponsorship procurement and sponsor recognition • merchandise, overall event logistics • VIPs, entertainment and public relations; music and entertainment procurement if applicable • sub-contractor agreements, management and payment ,0,' �?NRPNTo�;n Q� .• �co Ali •.. (T" \ • volunteer development ,!'� •_=`=_=== '' `� `�� • public / media relations ;•!= _ = COLI__.NTY 265 Responsibilities • implement all logistical plans • provide general event production and management • provide research and planning • marketing services • budget development, management, reconciliation, and regular reporting to the City • collaborate with the Independence Day Board for community sponsorships and development of the Event theme, logo, and selection ofparade participants andgrand marshals ,�'�\0-1Ncro/J/ p p � .``toRP0RAr`e> <s>" i Q cooUNTY c' 266 Responsibilities City responsibilities: • Assign a staff coordinator to work directly with Contractor. • Provide a contingency allowance of no more than $ 10,000 to cover variations that may occur in the expected values of elements of cost or schedule. • Assist with promotion and marketing of the event. ' <" �N !.N07:1G0TO m- 7 • • COLNri t, 267 Agreement Compensation through the five-year life of the contract is set at the following: • One Hundred Fifty Thousand Dollars ($150,000) in 2024; • One Hundred Sixty Thousand, Five Hundred Dollars ($160,500) in 2025; • One Hundred Seventy-One Thousand, Seven Hundred Thirty- Five Dollars ($171 ,735) in 2026; • One Hundred Eighty-Three Thousand, Seven Hundred Fifty-Six ,ii\N-iNcr Dollars ($183,756) in 2027; r <<I..� ' 11 O` •.\NCORPOBgTf°%••• �� • One Hundred Ninety-Six Thousand, Six Hundred Nineteen ; _- , Dollars ($196,619) in 2028. _ • r 268 Mr. Amory Hanson 8102 Ellis Avenue Apartment 121 Huntington Beach CA 92646 February 20,2024 The Mayoress of Huntington Beach 2000 Main Street Huntington Beach CA 92648 My Dear Madam Mayoress, I would like to express my support for Item XIII. Sincerely Yours, Mr.Amory Hanson CC:The Honorable Patrick Burns CC:The Honorable Rhonda Bolton CC: The Honorable Daniel Kalmick CC: The Honorable Casey McKeon CC:The Honorable Natalie Moser CC:The Honorable Anthony Strickland SUPPLEMENTAL COMMUNICATION 2/20/2024 Maetinq Date: 13 (24-144) Agenda Item No.;