AGENDA REPORT
Meeting Date: June 6, 2023
Item Number:
To: Honorable Mayor & City Council
From: Gabriella Yap, Senior Policy and Management Administrator, Public Safety
Subject: APPROVE AN AGREEMENT BETWEEN THE CITY OF
BEVERLY HILLS AND AUTHENTIC AGENCY, INC. FOR AS
NEEDED SPECIAL EVENT MANAGEMENT AND
PRODUCTION SERVICES;
APPROVAL OF A FISCAL YEAR 2022-2023 PURCHASE
ORDER FOR AUTHENTIC AGENCY IN AN AMOUNT NOT TO
EXCEED $214,880 FOR THE BEVERLY HILLS NEXT NIGHT
STREET FESTIVAL EVENT; AND
APPROVAL OF CHANGING THE DATE OF NEXT NIGHT
FROM SATURDAY, SEPTEMBER 9, 2023, TO SATURDAY,
SEPTEMBER 23, 2023, AND THE CORRESPONDING STREET
CLOSURE ON SOUTH BEVERLY DRIVE
Attachments: 1. Authentic Agency Draft Agreement
RECOMMENDATION
It is recommended the City Council approve an agreement between the City of Beverly Hills and Authentic Agency, Inc. for as needed special event management and production services; approve a Fiscal Year (FY) 2022-2023 purchase order for Authentic Agency in an amount not to exceed $214,880; and approve changing the date of this year’s Next Night from Saturday, September 9, 2023, to Saturday, September 23, 2023, and the corresponding street closure of S. Beverly Drive from 6 p.m. on Friday, September 22, 2023, through 4 a.m. on Sunday, September 24, 2023.
E-13
Meeting Date: June 6, 2023
INTRODUCTION
This item requests the City enter into an agreement with Authentic Agency for asneeded event management services and approve a purchase order for FY 22-23 in an amount not to exceed $214,880 to Authentic Agency for event management services related to the Next Night Street Festival. In addition, it came to Staff’s attention that the original September 9, 2023, date conflicts with the California Contract Cities Association’s Fall Educational Summit, and Staff is seeking approval to reschedule the event to September 23, 2023, as well as related street closures.
DISCUSSION
On May 2, 2023, the City Council approved the Next Beverly Hills Committee’s work plan which included the 2023 Next Night Street Festival and authorized street closures from 6 p.m. on Friday, September 8, 2023, through 4 a.m. on Sunday, September 10, 2023, to allow the event to take place September 9, 2023. As discussed above, the California Contract Cities Association’s Fall Educational Summit is scheduled to take place at the same time. Staff is requesting to change the date of the Next Night Street Festival to Saturday, September 23, 2023, with the necessary street closures taking place from 6 p.m. on Friday, September 22, 2023, through 4 a.m. on Sunday, September 24. Soft costs would continue to be waived by the City.
Since its inception in 2016, the City has contracted with an event production company to complete the event design development and production for this event. In February of this year, staff conducted a Request for Qualifications (RFQ) process for as-needed event management services for the City. The City received 13 responses, 11 were deemed to be responsive proposals, and five agreements are being awarded. Authentic Agency, Inc. was the highest rated proposal amongst the five awardees. Due to Authentic Agency’s extensive experience with the City and specifically Next Night, including the 2022 Next Night Street Festival which was the most successful to date, the Next Beverly Hills Committee reached out to them for a 2023 Next Night Street Festival proposal.
This year’s agreement will also include the provision of portable restrooms, fencing and talent. The Committee is researching talent at a similar level to last year’s performance by Lance Bass, O-Town, and LFO, in addition to other lower cost options such as tribute bands and local talent. The pay for talent will be commensurate with the level that is ultimately contracted, and artist selection will also be dependent upon availability and price.
FISCAL IMPACT
At the May 2, 2023, Beverly Hills City Council Formal Meeting, the City Council approved the Committee’s FY 22-23 work plan and budget. This included a budget of $210,000 with an approximate 10% contingency for a total of $230,000 for the event for Next Night. At the May 2, 2023, Councilmembers Nazarian and Mirisch requested a more detailed breakdown of the budget. The proposal submitted by Authentic Agency anticipates a total of $214,880 with the breakdown shown below. Due to increasing costs, this is slightly higher than the $210,000 based on last year’s amounts despite the Agency’s Management Fees being reduced to 18% from 22%-25%.
Meeting Date: June 6, 2023
AUTHENTIC CORE PROGRAMMING ESTIMATE
Technical Production, Staging, Lighting Audio & Labor, Production Project Staff, Onsite Technical Leads, Graphics, Stage Management, Site Support Staff
$66,400.00
Administration Expenses (Insurance, Legal) $3,650.00
Pre-Production & CAD Surveys $2,500.00
Location Costs (Security, Production Compound & Dressing Rooms) $15,842.00 Talent & Talent Production & Transportation $33,350.00
Creative Design, Rentals, Styling, Signage, Stage Scenic, Site Scenic & Roaming Performance Art
$56,205.00
Site Production (Power, Plant & Machinery, Freight) $4,155.00 Agency Management Fees (Reduced @ 18%) $32,778.00
TOTAL $214,880.00
Consistent with prior years, the City’s proposed soft costs and in-kind costs for Next Night 2023 would be absorbed within the FY 23-24 City Council adopted budget for various City departments. These soft costs include but are not limited to the following:
the use of City staff and resources associated with Next Night including a full street closure; security (Covered 6, Nastec, and the Beverly Hills Police Department as needed); marketing and advertising; printing and graphics work; and waiving permits and parking fees, and are estimated to be $49,143. Authentic Agency will complete their own bidding process for subcontractors to handle certain aspects of the event. There is a potential for these costs to come in lower than initially quoted.
Nancy Hunt-Coffey,
City Manager
Approved By
Attachment 1
1 B0785-0001\2811723v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
AUTHENTIC AGENCY, INC. FOR AS NEEDED SPECIAL EVENT
MANAGEMENT AND PRODUCTION SERVICES
NAME OF CONTRACTOR: Authentic Agency, Inc.
RESPONSIBLE PRINCIPAL OF
CONTRACTOR: Liam Lynch, Chief Executive Officer
CONTRACTOR’S ADDRESS: 1046 Princeton Drive, Studio 116
Venice, CA 90292
Attention: Liam Lynch, Chief Executive Officer
CONTRACTOR’S E.I.N/
TAX I.D. NO.: 26-2166581
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Nancy Hunt-Coffey, City Manager
COMMENCEMENT DATE: June 6, 2023
TERMINATION DATE: December 31, 2025
CONSIDERATION: Not to Exceed:
June 6, 2023 – December 31, 2023: $230,000.00
January 1, 2024 – December 31, 2024: $230,000.00
January 1, 2025 – December 31, 2025: $230,000.00
Total Not to Exceed:
$690,000.00 as more fully described in Exhibit B
DocuSign Envelope ID: C6FC4900-501F-4583-8104-40F23AB191E5 2 B0785-0001\2811723v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
AUTHENTIC AGENCY, INC. FOR AS NEEDED SPECIAL EVENT
MANAGEMENT AND PRODUCTION SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Authentic Agency, Inc. (hereinafter called “CONTRACTOR”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.
NOW, THEREFORE, the parties agree as follows:
Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B.
(b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).
There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
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Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his/her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.
Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(i) If CONTRACTOR will be supplying alcoholic beverages, the General Liability Insurance shall include host liquor liability coverage with minimum limits of One Million Dollars ($1,000,000).
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(ii) If CONTRACTOR is using a caterer or other vendor to supply alcohol that vendor must have liquor liability coverage with minimum limits of One Million Dollars ($1,000,000).
(iii) If CONTRACTOR intends to sell alcohol either the
CONTRACTOR or vendor providing the alcohol for sale must have a valid liquor sales license and liquor liability insurance covering the sale of alcohol with minimum limits of One Million Dollars ($1,000,000).
(2) A policy or policies of Umbrella Liability Insurance with minimum limits of Four Million Dollars ($4,000,000) per occurrence combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(3) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement. (4) Workers’compensation insurance as required by the State of California.
(5) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Five Million Dollars ($5,000,000) per claim and in the aggregate.
Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONTRACTOR agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or DocuSign Envelope ID: C6FC4900-501F-4583-8104-40F23AB191E5 5 B0785-0001\2811723v2.doc
reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.
Section 12. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
DocuSign Envelope ID: C6FC4900-501F-4583-8104-40F23AB191E5 6 B0785-0001\2811723v2.doc
Section 16. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.
CONTRACTOR shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy DocuSign Envelope ID: C6FC4900-501F-4583-8104-40F23AB191E5 7 B0785-0001\2811723v2.doc
between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
JULIAN A. GOLD, M.D.
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
[Signatures Continue Next Page]
DocuSign Envelope ID: C6FC4900-501F-4583-8104-40F23AB191E5 8 B0785-0001\2811723v2.doc
CONTRACTOR: Authentic Agency, Inc.
LIAM LYNCH
Chief Executive Officer
MAIREAD MACMULLAN
Corporate Secretary
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:
NANCY HUNT-COFFEY
City Manager
GABRIELLA YAP
Senior Policy & Management Administrator,
Public Safety
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: C6FC4900-501F-4583-8104-40F23AB191E5 9 B0785-0001\2811723v2.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall perform as needed event production and event management services for CITY at CITY’s request for specific date(s), time(s), and location(s) as mutually agreed upon in writing. These services shall include, but are not limited to, the following tasks:
1. Creating and managing event timelines and task lists;
2. Designing and managing all experiential and digital event elements;
3. Directing the coordination of tasks and activities with CITY and non-CITY partners in preparation for the day of the event ;
4. Coordinating public outreach to community stakeholders including businesses and residents;
5. Contracting and managing all specialty vendors as needed for production or logistics, including rentals, traffic control companies, staging/rigging, etc.;
6. Hiring, managing, and training event production staff before the event and day of the event;
7. Contracting various types of entertainment as needed and as directed by CITY. All entertainment must be approved by CITY in writing prior to CONTRACTOR finalizing the musical entertainment;
8. Performing all entertainment vetting and application processing once City has approved the selected musical entertainment.
9. Establishing and maintaining effective working relationships with the CITY’s Special Events Team;
10. Developing accurate event budgets and calculating changes in scope as needed;
11. Hiring and coordinating specialty vendors as needed for production or logistics;
12. Hiring and coordinating various types of entertainment as needed;
13. Hiring and coordinating servers and bartenders as needed;
14. Providing Wine/Beer/Champagne Garden(s) (“Garden(s)”). CONTRACTOR and CITY shall mutually agree upon the number and size of Garden(s) for teach event should CITY request a Garden. CONTRACTOR shall perform the following services in connection to the Garden:
a. Alcohol vendor vetting and application processing,
b. Alcohol permit,
c. Liquor liability insurance, and
d. Alcohol vendors/labor
15. Curating food trucks for the event with CITY and coordinate with participating restaurants and pop-up vendors;
16. Where reasonable, ensuring all subcontractors, including food truck(s), food vendor(s), and Garden(s) vendor(s), use environmentally sustainable products. CITY requests the following items be implemented where reasonable:
a. The use of Styrofoam (cups, plates, to go boxes, etc.) is prohibited to the greatest extent possible
b. The use of plastic is greatly reduced and/or limited, where feasible (example: drinks should not be sold in clear plastic cups at the beer and wine garden(s) unless legally required to do so or no other viable and economically feasible option exists) DocuSign Envelope ID: C6FC4900-501F-4583-8104-40F23AB191E5 10 B0785-0001\2811723v2.doc
c. CITY requires all food vendor(s), food truck(s), and the beer and wine garden(s) to NOT sell plastic bottle drinks (including bottled water). These vendors may sell aluminum can drinks, boxed drinks, or drinks in other environmentally friendly containers
d. If possible, CITY requests the subcontractor for the beer and wine garden(s) to consider an environmentally friendly flooring
e. CITY requires only the distribution of paper straws with drinks where feasible
17. Attending event management meetings on a regular basis, as needed in person or virtually;
18. Managing experiences and relationships with VIP event guests;
19. Preparing professional quality written reports and supporting documents for City Council and CITY staff;
20. Upholding the brand of the City of Beverly Hills at all times;
21. Negotiating with other contractors and consultants to coordinate lighting, video, sound, labor, and backline services as needed and in conjunction with direction from CITY;
22. Executing and providing technical management for all experiential and digital event related services;
23. Providing schedules and technical service requests as related to all resources used in the execution of event(s) including CITY resources;
24. Performing site inspections and testing of equipment;
25. Preparing of traffic control plan for any street closure which must be submitted to CITY for approval;
26. Developing and communicating technical operations plans with entertainment, security, and safety personnel;
27. Preparing, designing, and delivering event invitations as needed;
28. Delivering marketing and promotional collateral using traditional and digital platforms;
29. Hiring other technical and equipment vendors as needed;
30. Coordinating and managing technical event rehearsals;
31. Troubleshooting and addressing technical challenges with hardware and equipment;
32. Leading the production team and coordinating on-site installation of event elements;
33. Providing technical expertise on topics including but not limited to visual effects, lighting, sound, set design, rentals, and staging;
34. Supervising event production operations in both back-of-house and front-of-house;
35. Developing an event proposal which shall include conceptual event design services including creation of an event site plan;
36. Overseeing event vendor sub-contracting and manage event installation, operations, and de-installation which shall include, but not be limited to, vendor vetting and contracting;
37. Developing event components, which shall include, but are not limited to:
a. Atmosphere,
b. Event signage, graphics (if not developed by CITY), step and repeat, seating, audio, lighting, video, power, restrooms, and rental support,
c. Stage 20x24,
d. Entertainment and musical acts,
e. Perimeter barricades around wine/beer/champagne garden(s), and f. Security
38. Attending City Council meetings and City Liaison Committee meetings as needed;
39. Coordinating with CITY on the provision of municipal resources, assets, and services (CITY may request CONTRACTOR to provide these services and reserves the right to do so at CITY’s sole discretion) including but not limited to:
a. Public safety support as needed,
b. Tents/booths,
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c. Seating and chairs,
d. Street closures and all associated items and personnel for street closures to be provided at no cost to CONTRACTOR at the sole discretion of CITY, e. Parking structure and staff,
f. Event marketing, planning, and development with CITY’s Office of Communications, g. CITY refuse bins and removal services, and
h. Additional CITY services as may be identified and mutually agreed upon by both parties in writing prior to event.
40. Managing event costs to ensure they do not exceed the costs outlined in budget;
41. Providing a final written report to CITY that shall minimally include all documentation associated with any components that were placed out to bid, including purchase orders and invoices; and
42. Adhering to a production schedule for each event. Any changes to this schedule must be mutually agreed upon by CITY and CONTRACTOR in writing.
CITY, at its sole discretion, may waive all costs associated with CITY permits, including staff time, related to services provided under this Agreement depending on the nature of the event.
CONTRACTOR shall still be responsible for obtaining CITY permits. CITY permit fees that will be waived shall include:
Building Permit
Electrical Permit
Heavy Hauling Permit
Street Use Permit
Encroachment Permit
Special Event Permit
All other county, state, or federal permits that may be required for any event are the responsibility of CONTRACTOR to obtain and shall be included in the quote to CITY. CITY will work with CONTRACTOR to coordinate production, logistics, publicity, and marketing for the assigned events.
CONTRACTOR shall comply with all relevant prevailing wage legislation as it relates to the subcontracting of work related to this Agreement.
CITY may request CONTRACTOR to perform as needed services not explicitly outlined in this Agreement as mutually agreed upon by CITY and CONTRACTOR in writing prior to the performance of the work.
CITY will contact CONTRACTOR to obtain a quote for each event. CONTRACTOR shall provide a written cost proposal per event. CITY shall compensate CONTRACTOR for such services as mutually agreed upon in writing by the parties of this agreement.
II. INFECTIOUS DISEASE
A. CONTRACTOR shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention Non-Emergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
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B. CONTRACTOR shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONTRACTOR shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
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EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement for as-needed services in an amount not to exceed Two Hundred Thirty Thousand Dollars ($230,000.00) for the period June 6, 2023 through December 31, 2023; Two Hundred Thirty Thousand Dollars ($230,000.00) for the period January 1, 2024 through December 31, 2024; and Two Hundred Thirty Thousand Dollars ($230,000.00) for the period January 1, 2025 through December 31, 2025 for a total not to exceed amount of Six Hundred Ninety Thousand Dollars ($690,000.00).
Any project exceeding Fifty Thousand Dollars ($50,000.00) will require City Council approval prior to the commencement of work.
Upon CITY’s request, each engagement for services shall be set forth in writing in an executed Individual Project Order (IPO) to be approved by CITY in writing before any work, billing, or demand for payment will be initiated. Each IPO shall contain an estimated cost for the project along with a not-to-exceed amount, which shall include all materials, labor, and expenses. If the scope of the engagement changes, or the cost of the engagement will exceed the not-to-exceed amount, then CONTRACTOR shall obtain written permission or an amendment to the IPO.
The IPO shall also contain a schedule of payment such that fifty percent (50%) of the quote shall be paid within ten (10) days of the engagement services and the scope of work for the event and all costs shalle be identified in the quote.
Within thirty (30) days of the event date, CONTRACTOR shall submit an invoice for twenty-five percent (25%) of the quote, which shall be paid upon CITY’s review and satisfaction of the progress made in the management of the event.
Once the costs are reconciled for the event, including any revenue made from the various installations, are applied to the expenses of CONTRACTOR, then CONTRACTOR shall submit a final invoice to CITY for the remaining amount. This amount shall not exceed the remaining twenty-five percent (25%) of the quote and shall be minus the revenue generated, if any. Upon CITY’s review and satisfaction of the contents contained therein, the payment shall be released.
CITY shall pay CONTRACTOR the undisputed amount of such billing within thirty (30) days of receipt of same.
CONTRACTOR shall submit an itemized statement to CITY for its services performed, which shall include documentation setting forth in detail a description of the services rendered.
DocuSign Envelope ID: C6FC4900-501F-4583-8104-40F23AB191E5 B0785-0001\2811723v2.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance 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.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: C6FC4900-501F-4583-8104-40F23AB191E5 Certificate Of Completion
Envelope Id: C6FC4900501F4583810440F23AB191E5 Status: Sent Subject: Complete with DocuSign: Authentic Agency Agreement for Special Event Management & Production Svcs.
Source Envelope:
Document Pages: 14 Signatures: 5 Envelope Originator:
Certificate Pages: 3 Initials: 0 Abbey Tenn
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
5/25/2023 4:59:57 PM
Holder: Abbey Tenn
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Deborah R. Hakman For
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.116.62.172
Signed using mobile
Sent: 5/25/2023 5:24:58 PM
Viewed: 5/25/2023 5:25:59 PM
Signed: 5/25/2023 5:26:15 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gabriella Yap
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 45.51.96.122
Signed using mobile
Sent: 5/25/2023 5:26:16 PM
Viewed: 5/26/2023 6:32:23 AM
Signed: 5/26/2023 6:37:03 AM
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.195.202.145
Signed using mobile
Sent: 5/25/2023 5:26:16 PM
Viewed: 5/26/2023 9:08:24 AM
Signed: 5/26/2023 9:08:33 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Liam Lynch
[email protected]
President & CEO
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 98.147.154.203
Sent: 5/26/2023 9:08:36 AM
Viewed: 5/31/2023 12:20:36 PM
Signed: 6/1/2023 1:21:49 PM
Electronic Record and Signature Disclosure:
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Signer Events Signature Timestamp
Mairead MacMullen
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.197.69.75
Signed using mobile
Sent: 5/26/2023 9:08:37 AM
Viewed: 5/31/2023 5:49:52 PM
Signed: 5/31/2023 5:50:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 6/1/2023 1:21:50 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julian A. Gold, M.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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Jill Doohen
[email protected]
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/25/2023 5:24:59 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/25/2023 5:24:59 PM
Payment Events Status Timestamps