Cities Index.
Item E-16 Agenda Report

Beverly Hills City Council
April 22, 2025

Document
Item E-16 Agenda Report
Meeting
April 22, 2025
Body
Beverly Hills City Council
Pages
3
Original file
3.8 MB
Text extracted from the city's file for reading and search. Open the original on beverlyhills.granicus.com. That file is the official record.

AGENDA REPORT
Meeting Date: April 22, 2025
Item Number:

To: Honorable Mayor & City Council
From: Magdalena Davis, Community Outreach Manager
Mandy Jiang, Senior Management Analyst
Attachments: 1. Agreement – J. Ben Bourgeois Productions, Inc.

2. Agreement – Vox Productions, LLC

3. RFP-25-010-01

RECOMMENDATION
Staff recommends the City Council:

A. Approve an Agreement with J. Ben Bourgeois Productions, Inc. for as-needed event management and production services for Rodeo Drive events (Attachment 1); and
B. Approve an Agreement with Vox Productions, LLC for as-needed event management and production services for Rodeo Drive events (Attachment 2).

The above options are being recommended resulting from a Request for Proposal (RFP) process consensus reached by an interview panel that included the Beverly Hills City Council Liaison Rodeo Drive Committee / Special Events / Holiday Program Committee (Councilmembers Friedman and Wells).

INTRODUCTION
Traditionally, the City along with partner the Rodeo Drive Committee (RDC), conducts annual signature events for the community, with City Council approval. These large-scale street closure events require expertise, management and staff beyond what is provided internally at the City. As such, City staff conducted a request for proposals (RFP) process from January – March 2025, for as-needed event management and production services.

The goal of the RFP is to proactively prepare the City by vetting the most qualified

BEVERLW
HILLS
i
Subject: A. AGREEMENT WITH J. BEN BOURGEOIS PRODUCTIONS, INC.

FOR SPECIAL EVENT MANAGEMENT AND PRODUCTION
SERVICES; AND

B. AGREEMENT WITH VOX PRODUCTIONS, LLC FOR SPECIAL

EVENT MANAGEMENT AND PRODUCTION SERVICES
Meeting Date: April 22, 2025

Page 2 of 3 ends

companies that can produce the two large-scale, signature events on Rodeo Drive, the Holiday Lighting Celebration and Concours d’Elegance, safely and successfully, at a fair budget. By going through the RFP process, the most qualified companies may be awarded agreement(s) and can be utilized on an as-needed basis. Further, the terms of the agreement allow the City and CVB/RDC/Chamber partners flexibility to use contracted event management/production services for any additional events requested by City Council, which could be quickly designed and produced at various scales. Each event will be brought to City Council for budget consideration.

Staff recommends the City Council approve agreements with J. Ben Bourgeois Productions, Inc. (JBB) and Vox Group, dba Vox Productions, LLC (Vox) for as needed event management and production services.

DISCUSSION
The City of Beverly Hills provides a variety of high quality, special event experiences for residents and visitors on Rodeo Drive. These events uphold the City’s iconic brand as a world premier destination to shop, dine and stay in Beverly Hills, as well as providing community benefit as events are free and open to the public.

In partnership with the Rodeo Drive Committee, current annual events include the Concours d’Elegance Father’s Day Car Show each June, and the Holiday Lighting Celebration each November. These large-scale City-sponsored Rodeo Drive events traditionally are brought to Council for consideration, including any budget requests. City Staff therefore conducted a bid process to bring the most qualified companies for event production and management services to bring to Council for approval.

On January 6, 2025, the City released RFP-25-010-01 for event production and management services, with a closing date of January 31, 2025 (Attachment 3). The goals of the RFP were to prequalify one or more firms who have a deep history of performing high quality event management production services so that the City can enter into agreements with these firms for as-needed services, as well as ensure the highest quality of work at a fair rate for the City’s budget. As current events are planned or new ones identified in the future, the City can then utilize the City Council approved agreements to determine which firm can perform the desired services, in the most cost efficient manner.

The RFP process was thorough and robust, in order to secure the highest qualified firms; it included the following:
• In response to RFP-25-010-01, nineteen companies responded with written proposals.
• Representatives from the Policy and Management, and Finance Departments screened the written proposals for completeness, meeting minimum requirements, and possessing preferred qualifications including experience with both large-scale street closure events and government client experience. • Of the nineteen, six were recommended to move forward for evaluation by a staff selection committee.
• The selection committee comprised of staff from the Community Development, Community Services, Public Works, and the Policy and Management Departments, who were familiar with or worked on signature City events. Each written proposal was carefully considered against criteria that included firm organization and background, relevant experience, references, and adherence to the RFP requirements.

Meeting Date: April 22, 2025

Page 3 of 3 ends

• The staff selection committee further conducted virtual interviews with the six firms, to ensure their verbal presentations were as top-quality as the written proposals, and to ask questions vetting the candidates’ expertise, in order to make a recommendation on which firms to move onto interviews with Council Liaisons. • Three firms out of the six were recommended to move forward to the Council Liaison interview process.
• An interview committee comprised of City Council Liaison Rodeo Drive Committee / Special Events / Holiday Program Committee (Liaisons), of Councilmembers Friedman and Wells, and President of the RDC, Kay Monica Rose, with staff from both Finance and Policy and Management Departments present, conducted inperson interviews with the three firms. • Consensus was reached that two of the three firms, JBB and Vox, had the best expertise, understood the requirements of large-scale events on the iconic Rodeo Drive, as well as prioritized the best pricing without compromising safety or guest experience. It was also recommended by this interview panel that the two firms had the capability and capacity to take on any new events should the need arise.

The two recommended firms, JBB and Vox, will focus on current large-scale event productions. No fee proposal is being requested at this time, as City events have a varying range of costs, which are highly dependent on RDC developed proposals and the approval of the City Council. Staff will return to City Council as each event is fully developed for consideration, including budget, street closures, and event elements.

FISCAL IMPACT
The two agreements before City Council for consideration are for as-needed event production/management services, including but not limited to events on Rodeo Drive. The agreements are for three years, with an option for two additional one-year terms, for a total term not to exceed five years.

Due to changing priorities and major upcoming regional events, it is difficult for staff to estimate how many additional special events could occur during this time and at what cost.

The thorough RFP evaluation process has determined the two proposed firms are best qualified to meet the City’s needs and allows staff the option to work with the company most suited for any future events requiring professional event management/production services.

Any event on Rodeo Drive, which includes Concours d’Elegance Father’s Day Car Show and Holiday Lighting Celebration, will be brought back to City Council for consideration.

Keith Sterling,
Deputy City Manager
Approved By
Attachment 1
1 B0785-0001\3098277v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS
AND J. BEN BOURGEOIS PRODUCTIONS, INC. FOR

SPECIAL EVENT MANAGEMENT AND PRODUCTION

SERVICES
NAME OF CONTRACTOR: J. Ben Bourgeois Productions, Inc.

RESPONSIBLE PRINCIPAL OF
CONTRACTOR: Kellie Dieudonne
CONTRACTOR'S ADDRESS: 717 N. Cahuenga Boulevard, #B-2
Los Angeles, CA 90038
Attention: Kellie Dieudonne
CITY'S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Nancy Hunt-Coffey, City Manager
COMMENCEMENT DATE: April 23, 2025
TERMINATION DATE: April 23, 2028, unless extended pursuant to Section 2.

CONSIDERATION: Not to exceed the amount set forth in CITY authorized purchase orders and further described in Exhibit B
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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
J. BEN BOURGEOIS PRODUCTIONS, INC. FOR SPECIAL

EVENT MANAGEMENT AND PRODUCTION SERVICES
This Agreement is made by and between the City of Beverly Hills (hereinafter called "CITY"), and J. Ben Bourgeois Productions, Inc. (hereinafter called "CONTRACTOR").

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.

The City Manager or her designee may extend the time of performance in writing for two (2) additonal one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

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, Docusign Envelope ID: 75077D62-359D-4A3A-B3BC-C560DF0BF4AD 3 B0785-0001\3098277v2.doc
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.

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 the City Manager 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 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.

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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).
(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 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. (3) Workers’ compensation insurance as required by the State of California.
(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.

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(f) CONTRACTOR shall provide CITY with thirty (30) days prior written notice if the policies required under this Agreement will be canceled or reduced. All of the policies required under this Agreement shall state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this 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 under this section 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.

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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.

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. 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 18. 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 19. 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 20. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express or implied subject matters of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 22. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

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Section 23. 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 ____________ 2025, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
____________________________
SHARONA R. NAZARIAN, PSYD
Mayor of the City of Beverly Hills, California
ATTEST:
______________________(SEAL)

HUMA AHMED
City Clerk
CONTRACTOR:

J. BEN BOURGEOIS
President

KELLIE DIEUDONNE
Manager
[Signatures Continue Next Page]
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________ ____________________________
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
____________________________

MAGDALENA DAVIS
Community Outreach Manager
____________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
____________________________

ANTHONY RODSTEIN
Purchasing Services Manager
Docusign Envelope ID: 75077D62-359D-4A3A-B3BC-C560DF0BF4AD 9 B0785-0001\3098277v2.doc

EXHIBIT A

SCOPE OF WORK
I. Scope of Services. CONTRACTOR shall perform the following services on an as needed basis and as applies to the specific event CONTRACTOR will execute:

1. Creating and managing event timelines and task lists

2. Designing and managing all experiential and digital event elements

3. Coordinating public outreach to community stakeholders including businesses and residents

4. Directing the coordination of tasks and activities with CITY and non-CITY partners in preparation for the day of the event

5. Hiring, managing, and training event production staff before the event and day of the event

6. Establishing and maintaining effective working relationships with CITY’s special events team

7. Developing accurate event budgets and calculating changes in scope as needed

8. Hiring and coordinating servers and bartenders as needed

9. Hiring and coordinating various types of musical entertainment as needed

10. Preparing, designing, and delivering event invitations as needed

11. Managing community impact notifications and response

12. Managing experiences and relationships with VIP event guests

13. Attending project management meetings on a regular basis as needed

14. Preparing professional quality reports and supporting documents for a variety of audiences, including City Council

15. Delivering marketing and promotional collateral using traditional and digital platforms

16. Upholding the brand of the CITY at all times

17. Negotiating with other contractors and consultants to coordinate lighting, video, sound, labor, and backline services

18. Executing and providing technical management for all experiential and digital event related services

19. Providing schedules and technical service requests as related to all resources used in the execution of the event including CITY resources

20. Coordinating street closures and traffic management plans in conjunction with the City

21. Performing site inspections and testing of equipment

22. Developing and communicating technical operations plans with entertainment, security, and safety personnel

23. Hiring other technical and equipment vendors as needed

24. Coordinating and managing technical event rehearsals Docusign Envelope ID: 75077D62-359D-4A3A-B3BC-C560DF0BF4AD 10 B0785-0001\3098277v2.doc

25. Troubleshooting and addressing technical challenges with hardware and equipment

26. Leading the production team and coordinating on-site installation of event elements

27. Providing technical expertise on topics including but not limited to visual effects, lighting, sound, set design, rentals, and staging

28. Supervising event production operations in both back-of-house and front-of-house

29. Specific to the Father’s Day Concours d’Elegance event on Rodeo Drive, CONTRACTOR shall manage sponsorships.

30. Specific to the Rodeo Drive Holiday Lighting Celebration, CONTRACTOR shall be responsible for décor design, procurement, installation, maintenance, and other services as needed.

31. For each event, CONTRACTOR will develop a written event proposal which shall include:
a. Conceptual event design services including creation of event site plan

32. Oversee event vendor sub-contracting and manage event installation, operations, and deinstallation which shall include but not be limited to:
a. Vendor vetting and contracting
b. Alcohol vendor vetting and application processing
c. Entertainment vetting and application processing

33. Develop event components, which shall include but are not limited to:
a. Food trucks and coordination with participating restaurants and pop-up vendors b. Atmosphere and musical entertainment
c. Event signage, graphics, step and repeat, seating, stage, audio, lighting, power, restrooms, and rental support
d. Stage with audio and lighting
e. Event lighting
f. Entertainment and musical acts. CONTRACTOR and CITY shall mutually agree upon in writing the artists chosen to perform at the event. g. Wine/Beer/Champagne Garden(s). CONTRACTOR and CITY shall mutually agree upon the number and size of wine/beer/champagne gardens for the event. i. Perimeter barricades around wine/beer/champagne garden(s) ii. Alcohol permit
iii. Security
iv. Liquor liability insurance
v. Alcohol vendors/labor

34. Attend project meetings as requested by CITY

35. Attend City Council meetings and CITY Liaison Committee meetings in the afternoons and evenings as needed
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36. Collect business vendor participation fee from pop-up vendor applicants and incorporate into final budget for CITY review post-event, as needed

37. Coordinate with CITY on the provision of municipal resources, assets, and services including but not limited to:
a. Public Safety support as needed
b. Tents / booths
c. Seating and chairs
d. Street closure and all associated items and personnel for street closure to be provided at no cost to CONTRACTOR
e. Parking structure and staff
f. Event marketing planning and development with CITY’s Office of Communications g. CITY refuse bins and removal services
h. Additional CITY services as may be identified and mutually agreed upon by both parties in writing prior to event

38. Manage event costs to ensure they do not exceed the costs outlined in Exhibit B

39. Provide a final report to CITY that shall minimally include all documentation associated with any components that were placed out to bid including purchase orders, and invoices

40. CONTRACTOR shall adhere to a production schedule for each event. Any changes to this schedule must be mutually agreed upon by CITY and CONTRACTOR in writing.

Environmental Sustainability
Where reasonable, CITY requests CONTRACTOR to ensure that 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:
 The use of Styrofoam (cups, plates, to go boxes, etc.) is prohibited to the greatest extent possible
 The use of single-use plastic is prohibited, and recycled 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)
 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
 If possible, CITY requests the subcontractor for the beer and wine garden(s) to consider an environmentally friendly flooring
 CITY requires the distribution of paper straws with drinks, where feasible The City Council 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. All other county, state, or federal permits that may be required for each event are the responsibility of CONTRACTOR to obtain. CITY will work Docusign Envelope ID: 75077D62-359D-4A3A-B3BC-C560DF0BF4AD 12 B0785-0001\3098277v2.doc
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 performed under 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 written cost proposal for each project. CITY shall compensate CONTRACTOR for such services as mutually agreed upon in writing by the parties under this Agreement.

Each engagement will be set forth in writing in a written quote to be approved by CITY in writing before any work, billing, or demand for payment will be initiated. Each quote shall contain an estimated cost for the project along with a not to exceed amount, which shall include all 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 quote.

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.

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 not to exceed the amounts set forth in CITY authorized purchase orders. 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 of the City Manager or her designee or an amendment to the IPO.

The event management fee for each project will be quoted on an individual project basis in writing and subject to written approval of CITY.

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. CITY shall pay CONTRACTOR the undisputed amount of such billing within thirty (30) days of receipt of same.

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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: 75077D62-359D-4A3A-B3BC-C560DF0BF4AD Certificate Of Completion
Envelope Id: 75077D62-359D-4A3A-B3BC-C560DF0BF4AD Status: Sent Subject: Complete with Docusign: CLEAN Agreement - J. BEN BOURGEOIS PRODUCTIONS, INC. (2025).pdf Source Envelope:

Document Pages: 14 Signatures: 6 Envelope Originator:

Certificate Pages: 3 Initials: 0 Mandy Jiang
AutoNav: Enabled
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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
4/15/2025 10:20:11 AM
Holder: Mandy Jiang
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
J. Ben Bourgeois
[email protected]
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Signature Adoption: Pre-selected Style
Using IP Address: 104.35.9.16
Sent: 4/15/2025 10:40:19 AM
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Signed: 4/15/2025 2:24:53 PM
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Kellie Dieudonne
[email protected]
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Magdalena Davis
[email protected]
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
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Slro (''urue, l/rssd
Signer Events Signature Timestamp
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
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(None)
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Using IP Address: 172.56.177.250
Signed using mobile
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Deborah Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
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Using IP Address: 172.116.62.172
Signed using mobile
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Mandy Jiang
[email protected]
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Sent: 4/15/2025 8:41:46 PM
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Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
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Sharona R. Nazarian
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Huma Ahmed
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Attachment 2
1 B0785-0001\3098291v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS

AND VOX PRODUCTIONS LLC FOR SPECIAL EVENT

MANAGEMENT AND PRODUCTION SERVICES
NAME OF CONTRACTOR: VOX Productions LLC

RESPONSIBLE PRINCIPAL OF
CONTRACTOR: Sara Sedlacek
CONTRACTOR'S ADDRESS: 1324 Cypress Ave
Los Angeles, CA 90065
Attention: Sara Sedlacek
CITY'S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Nancy Hunt-Coffey, City Manager
COMMENCEMENT DATE: April 23, 2025
TERMINATION DATE: April 23, 2028, unless extended pursuant to Section 2.

CONSIDERATION: Not to exceed the amount set forth in CITY authorized purchase orders and further described in Exhibit B
Docusign Envelope ID: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 2 B0785-0001\3098291v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

VOX PRODUCTIONS LLC FOR SPECIAL EVENT

MANAGEMENT AND PRODUCTION SERVICES
This Agreement is made by and between the City of Beverly Hills (hereinafter called "CITY"), and VOX Productions LLC (hereinafter called "CONTRACTOR").

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.

The City Manager or her designee may extend the time of performance in writing for two (2) additonal one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

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, Docusign Envelope ID: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 3 B0785-0001\3098291v2.doc
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.

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 the City Manager. 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 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.

Docusign Envelope ID: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 4 B0785-0001\3098291v2.doc
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).
(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 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. (3) Workers’ compensation insurance as required by the State of California.
(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.

Docusign Envelope ID: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 5 B0785-0001\3098291v2.doc
(f) CONTRACTOR shall provide CITY with thirty (30) days prior written notice if the policies required under this Agreement will be canceled or reduced. All of the policies required under this Agreement shall state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this 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 under this section 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.

Docusign Envelope ID: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 6 B0785-0001\3098291v2.doc
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.

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. 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 18. 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 19. 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 20. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express or implied subject matters of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 22. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

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Section 23. 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 ____________ 2025, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
____________________________
SHARONA R. NAZARIAN, PSYD
Mayor of the City of Beverly Hills, California
ATTEST:
______________________(SEAL)

HUMA AHMED
City Clerk
CONTRACTOR:

SHAWN SEDLACEK
Founder & President

SARA SEDLACEK
CFO & Director of Internal Operations
[Signatures Continue Next Page]
Docusign Envelope ID: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 /) /A__
8 B0785-0001\3098291v2.doc
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________ ____________________________
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
____________________________

MAGDALENA DAVIS
Community Outreach Manager
____________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
____________________________

ANTHONY RODSTEIN
Purchasing Services Manager
Docusign Envelope ID: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 9 B0785-0001\3098291v2.doc

EXHIBIT A

SCOPE OF WORK
I. Scope of Services. CONTRACTOR shall perform the following services on an as needed basis and as applies to the specific event CONTRACTOR will execute:

1. Creating and managing event timelines and task lists

2. Designing and managing all experiential and digital event elements

3. Coordinating public outreach to community stakeholders including businesses and residents

4. Directing the coordination of tasks and activities with CITY and non-CITY partners in preparation for the day of the event

5. Hiring, managing, and training event production staff before the event and day of the event

6. Establishing and maintaining effective working relationships with CITY’s special events team

7. Developing accurate event budgets and calculating changes in scope as needed

8. Hiring and coordinating servers and bartenders as needed

9. Hiring and coordinating various types of musical entertainment as needed

10. Preparing, designing, and delivering event invitations as needed

11. Managing community impact notifications and response

12. Managing experiences and relationships with VIP event guests

13. Attending project management meetings on a regular basis as needed

14. Preparing professional quality reports and supporting documents for a variety of audiences, including City Council

15. Delivering marketing and promotional collateral using traditional and digital platforms

16. Upholding the brand of the CITY at all times

17. Negotiating with other contractors and consultants to coordinate lighting, video, sound, labor, and backline services

18. Executing and providing technical management for all experiential and digital event related services

19. Providing schedules and technical service requests as related to all resources used in the execution of the event including CITY resources

20. Coordinating street closures and traffic management plans in conjunction with the City

21. Performing site inspections and testing of equipment

22. Developing and communicating technical operations plans with entertainment, security, and safety personnel

23. Hiring other technical and equipment vendors as needed

24. Coordinating and managing technical event rehearsals

25. Troubleshooting and addressing technical challenges with hardware and equipment Docusign Envelope ID: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 10 B0785-0001\3098291v2.doc

26. Leading the production team and coordinating on-site installation of event elements

27. Providing technical expertise on topics including but not limited to visual effects, lighting, sound, set design, rentals, and staging

28. Supervising event production operations in both back-of-house and front-of-house

29. Specific to the Father’s Day Concours d’Elegance event on Rodeo Drive, CONTRACTOR shall manage sponsorships.

30. Specific to the Rodeo Drive Holiday Lighting Celebration, CONTRACTOR shall be responsible for décor design, procurement, installation, maintenance, and other services as needed.

31. For each event, CONTRACTOR will develop a written event proposal which shall include:
a. Conceptual event design services including creation of event site plan

32. Oversee event vendor sub-contracting and manage event installation, operations, and deinstallation which shall include but not be limited to:
a. Vendor vetting and contracting
b. Alcohol vendor vetting and application processing
c. Entertainment vetting and application processing

33. Develop event components, which shall include but are not limited to:
a. Food trucks and coordination with participating restaurants and pop-up vendors b. Atmosphere and musical entertainment
c. Event signage, graphics, step and repeat, seating, stage, audio, lighting, power, restrooms, and rental support
d. Stage with audio and lighting
e. Event lighting
f. Entertainment and musical acts. CONTRACTOR and CITY shall mutually agree upon in writing the artists chosen to perform at the event. g. Wine/Beer/Champagne Garden(s). CONTRACTOR and CITY shall mutually agree upon the number and size of wine/beer/champagne gardens for the event. i. Perimeter barricades around wine/beer/champagne garden(s) ii. Alcohol permit
iii. Security
iv. Liquor liability insurance
v. Alcohol vendors/labor

34. Attend project meetings as requested by CITY

35. Attend City Council meetings and CITY Liaison Committee meetings in the afternoons and evenings as needed

36. Collect business vendor participation fee from pop-up vendor applicants and incorporate into final budget for CITY review post-event, as needed Docusign Envelope ID: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 11 B0785-0001\3098291v2.doc

37. Coordinate with CITY on the provision of municipal resources, assets, and services including but not limited to:
a. Public Safety support as needed
b. Tents / booths
c. Seating and chairs
d. Street closure and all associated items and personnel for street closure to be provided at no cost to CONTRACTOR
e. Parking structure and staff
f. Event marketing planning and development with CITY’s Office of Communications g. CITY refuse bins and removal services
h. Additional CITY services as may be identified and mutually agreed upon by both parties in writing prior to event

38. Manage event costs to ensure they do not exceed the costs outlined in Exhibit B

39. Provide a final report to CITY that shall minimally include all documentation associated with any components that were placed out to bid including purchase orders, and invoices

40. CONTRACTOR shall adhere to a production schedule for each event. Any changes to this schedule must be mutually agreed upon by CITY and CONTRACTOR in writing.

Environmental Sustainability
Where reasonable, CITY requests CONTRACTOR to ensure that 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:
 The use of Styrofoam (cups, plates, to go boxes, etc.) is prohibited to the greatest extent possible
 The use of single-use plastic is prohibited, and recycled 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)
 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
 If possible, CITY requests the subcontractor for the beer and wine garden(s) to consider an environmentally friendly flooring
 CITY requires the distribution of paper straws with drinks, where feasible The City Council 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. All other county, state, or federal permits that may be required for each event are the responsibility of CONTRACTOR to obtain. CITY will work with CONTRACTOR to coordinate production, logistics, publicity and marketing for the assigned events.

Docusign Envelope ID: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 12 B0785-0001\3098291v2.doc
CONTRACTOR shall comply with all relevant prevailing wage legislation as it relates to the subcontracting of work performed under 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 written cost proposal for each project. CITY shall compensate CONTRACTOR for such services as mutually agreed upon in writing by the parties under this Agreement.

Each engagement will be set forth in writing in a written quote to be approved by CITY in writing before any work, billing, or demand for payment will be initiated. Each quote shall contain an estimated cost for the project along with a not to exceed amount, which shall include all 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 quote.

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.

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 CITY approved purchase orders. 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 of the City Manager or her designee or an amendment to the IPO.

The event management fee for each project will be quoted on an individual project basis in writing and subject to written approval of the City Manager.

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. CITY shall pay CONTRACTOR the undisputed amount of such billing within thirty (30) days of receipt of same.

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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: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 Certificate Of Completion
Envelope Id: 34F6F3F5-B119-4EC9-BF3B-DC558252C2D4 Status: Sent Subject: Complete with Docusign: CLEAN Agreement - VOX PRODUCTIONS LLC (2025).pdf Source Envelope:

Document Pages: 14 Signatures: 6 Envelope Originator:

Certificate Pages: 3 Initials: 0 Mandy Jiang
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
4/15/2025 10:45:02 AM
Holder: Mandy Jiang
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Shawn Sedlacek
[email protected]
Exec Producer
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 136.179.21.73
Sent: 4/15/2025 10:48:56 AM
Viewed: 4/15/2025 11:01:22 AM
Signed: 4/15/2025 11:01:32 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Sara Sedlacek
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.80.14.194
Sent: 4/15/2025 11:01:33 AM
Viewed: 4/15/2025 11:06:41 AM
Signed: 4/15/2025 11:06:49 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Magdalena Davis
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 4/15/2025 11:06:50 AM
Viewed: 4/15/2025 12:13:11 PM
Signed: 4/15/2025 12:13:26 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 4/15/2025 12:13:27 PM
Viewed: 4/15/2025 1:28:28 PM
Signed: 4/15/2025 1:28:37 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
? docusign
IJ 7A
Signer Events Signature Timestamp
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.56.177.250
Signed using mobile
Sent: 4/15/2025 1:28:39 PM
Resent: 4/15/2025 3:30:54 PM
Viewed: 4/15/2025 5:08:44 PM
Signed: 4/15/2025 5:09:32 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Deborah Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.116.62.172
Signed using mobile
Sent: 4/15/2025 5:09:34 PM
Viewed: 4/15/2025 8:40:35 PM
Signed: 4/15/2025 8:41:00 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Mandy Jiang
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 4/15/2025 8:41:01 PM
Viewed: 4/16/2025 8:42:55 AM
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
Sharona R. Nazarian
[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
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/15/2025 10:48:56 AM
Payment Events Status Timestamps
Attachment 3
B0785-0001\2775379v3.doc
City of Beverly Hills
Request for Proposals
25-010-01
Notice Inviting Proposals for
Event Production and Management
Services for Rodeo Drive Events,
including Holiday Lighting Celebration
and Concours d’Elegance
Proposals Due: January 31, 2025
- BEVERL
HILLS
A @
RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
2 Table of Contents

1. OVERVIEW & BACKGROUND......................................................................................................................... 3

2. OBJECTIVES AND SCOPE OF WORK.............................................................................................................. 3 Task 1: Special Event Management......................................................................... Error! Bookmark not defined.

Task 2: Special Event Production............................................................................ Error! Bookmark not defined.

3. SCHEDULE .......................................................................................................................................................... 5

4. QUESTIONS......................................................................................................................................................... 6

5. MINIMUM QUALIFICATIONS.......................................................................................................................... 6

6. ORGANIZATION OF PROPOSAL ..................................................................................................................... 6 Proposal Content........................................................................................................................................................ 7 Proposal Format......................................................................................................................................................... 8

7. SUBMITTAL REQUIREMENTS......................................................................................................................... 9

8. EVALUATION CRITERIA AND SELECTION PROCESS..............................................................................10 Evaluation................................................................................................................................................................10 Pre-contractual Expenses.........................................................................................................................................11 Negotiations.............................................................................................................................................................11

9. CONTRACT AND INSURANCE ......................................................................................................................11

10. GENERAL INFORMATION AND INSTRUCTIONS..................................................................................12

11. DISQUALIFICATION...................................................................................................................................14

12. CHECKLIST..................................................................................................................................................15 APPENDIX A .............................................................................................................................................................16 EXPERIENCE FORM AND QUALIFICATIONS QUESTIONNAIRE................................................................16 APPENDIX B..............................................................................................................................................................18 PRICING INFORMATION ....................................................................................................................................18 APPENDIX C..............................................................................................................................................................19 SAMPLE AGREEMENT........................................................................................................................................19 RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
3 1. OVERVIEW & BACKGROUND
The City of Beverly Hills, CA (“City”) invites proposals from qualified consultants to provide nonexclusive special event management and production services for a term of three years with up to two, one-year extensions for a total not to exceed five years.

The City strives to provide the highest quality special event experiences for residents and visitors, while upholding its iconic brand as a world premier destination to shop, dine, and stay. The agreement will be under the purview of the City Manager’s Office and may be utilized by other City departments. Additionally, third-party entities including but not limited to the Beverly Hills Chamber of Commerce, Beverly Hills Conference & Visitors Bureau, and the Rodeo Drive Committee may also engage with the City’s selected Contractor(s) for special event management and production services. As such, the City may extend pricing and services to these third parties, as stipulated in the final Agreement(s) between the City and the selected Contractor(s).

2. OBJECTIVES AND SCOPE OF WORK
The selected Contractor will provide non-exclusive special event management and production services at the City’s request. The City hosts events ranging from small to large in scale, located in both indoor and outdoor venues. The selected Contractor shall provide turnkey, full-service, operations, including experiential and digital programming. Events in the City are typically nonticketed, open to the public and free-of-charge, involve multiple stakeholders, and may include sophisticated technical and logistical elements. Event attendance range from approximately 100 attendees in smaller events and 3,000 to 30,000 attendees in larger events.

The City reserves the right to hire multiple Contractors depending on need. For all projects, the City will contact the selected Contractor(s) to obtain a quote. Each project will be quoted by the Contractor(s) at the specified rates in the final Agreement signed by the City and the Contractor.

The contractor must uphold the City of Beverly Hills brand at all times.

Task 1: Special Event Management
Examples of City supported special events may include but are not limited to the following:
• Father’s Day Concours d’Elegance event on Rodeo Drive; • Rodeo Drive Holiday Lighting Celebration;
• City sponsored events involving multiple venues and stakeholders including but not limited to film festivals, art shows, food festivals, and technology forums; • Mayor and City Council Installation events;
• City sponsored block parties such as Next Night
• Speaking engagements with the Mayor and City Council; • Public input meetings;
• Community events including but not limited to sing-alongs, speaker forums, commemorative celebrations and concerts;
• Stakeholder meetings;
• Parades;
• Seminars and conferences for educational and/or entertainment purposes; • BH (Beverly Hills) Healthy City programs including but not limited to yoga, meditation, and 5ks;
RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
4 • Arts and cultural programs;
• Pop-up events and programs in the business district meant to promote the City; • Various events and programs requiring street closures; and • Various events and programs in city parks and City-owned facilities.

In support of these programs, the City seeks to engage the services of Contractors, which can provide special event management for a variety of activities in localized areas of the City and on a larger potentially Citywide scale. The selected Contractor(s) will be able to provide event management services that include but are not limited to the following:
• Creating and managing event timelines and task lists; • Designing and managing all experiential, physical, and digital event elements • Coordinating public outreach to community stakeholders including businesses and residents;
• Directing the coordination of tasks and activities with City and non-City partners in preparation for the day of the event;
• Hiring, managing, and training event production staff before the event and day of the event;
• Establishing and maintaining effective working relationships with the City’s special events team;
• Developing accurate event budgets and calculating changes in scope as needed; • Hiring and coordinating servers and bartenders as needed; • Hiring and coordinating various types of musical entertainment as needed; • Preparing, designing, and delivering event invitations as needed; • Managing community impact notifications and response; • Managing experiences and relationships with VIP event guests; • Attending project management meetings on a regular basis as needed; • Preparing professional quality reports and supporting documents for a variety of audiences, including City Council;
• Delivering marketing and promotional collateral using traditional and digital platforms;
• Upholding the brand of the City of Beverly Hills at all times; and Task 2: Special Event Production
In addition to services for special event management, the City seeks services for special event production and execution. The selected Contractor(s) will be able to provide comprehensive special event production services with the goal of ensuring that the quality of the special event experience is maintained at the highest caliber. The selected Contractor(s) will also be able to provide special event production services including but not limited to the following:
• Negotiating with other contractors and consultants to coordinate lighting, video, sound, labor, and backline services;
• Executing and providing technical management for all experiential, physical, and digital event related services;
• Providing schedules and technical service requests as related to all resources used in the execution of the event including City resources; • Coordinating street closures and traffic management plans in conjunction with the City;
• Performing site inspections and testing of equipment; • Developing and communicating technical operations plans with entertainment, security, and safety personnel;
RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
5 • Hiring other technical and equipment vendors as needed; • Coordinating and managing technical event rehearsals; • Troubleshooting and addressing technical challenges with hardware and equipment;
• Leading the production team and coordinating on-site installation of event elements;
• Providing technical expertise on topics including but not limited to visual effects, lighting, sound, set design, rentals, and staging; and
• Supervising event production operations in both back-of-house and front-ofhouse.

Beverly Hills Signature Events (attendance ranging 4,000 – 44,000):
• Specific to the Father’s Day Concours d’Elegance event on Rodeo Drive, Contractor must be capable of sponsorship management.
• Specific to Rodeo Drive Holiday Lighting Celebration, Contractor must be responsible and capable of décor design, procurement, installation, maintenance, and other services as needed.

Additional City services may be identified and mutually agreed upon by both parties in writing prior to event.

Environmental Sustainability

1. Where reasonable, City requests Contractor to ensure that 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:
• The use of Styrofoam (cups, plates, to go boxes, etc.) is prohibited to the greatest extent possible
• The use of single-use plastic is prohibited, and recycled 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)
• 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 • If possible, City requests the subcontractor for the beer and wine garden(s) to consider an environmentally friendly flooring
• City requires only the distribution of paper straws with drinks where feasible

3. SCHEDULE
The tentative selection schedule is as follows and is subject to change at the City’s discretion:

RFP Issued January 3, 2025
Deadlines for Questions January 15, 2025
City Response to Questions January 24, 2025
Proposal Deadline January 31, 2025
Finalist Interviews February 3 – 21, 2025
Anticipated Award date March 4, 2025
Anticipated start date March 11, 2025
RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
6 4. QUESTIONS
Questions regarding this RFP are to be submitted using the PlanetBids portal (http://www.beverlyhills.org/tags/bids/web.jsphttp://www.beverlyhills.org/tags/bids/web.jsp), no later than 5:00 p.m. , January 15, 2025. The City will compile all questions received by the deadline and provide formal response by January 24, 2025. Questions and answers will be posted on PlanetBids and all parties registered for the RFP will receive notification.

Questions shall not be posed to any City employee or agent of the City, as answers/information provided in this way are not binding and shall not in any way be considered as a commitment of the City.

5. MINIMUM QUALIFICATIONS
Notwithstanding any of the qualifications specified in any other section of this RFP, the respondent shall meet the following minimum qualifications in order to be eligible for award of the Agreement:
• The respondent shall have a minimum of five (5) years of experience in providing services similar to the Services required in this RFP.
• The respondent firm shall be listed as a business in good standing on the Secretary of State of California’s website.
• The respondent firm shall be able to substantiate its qualifications and experience to provide the services listed in the RFP.
• Respondent must already possess or be able to obtain a City of Beverly Hills Business License and be licensed to do business in the State of California by the Secretary of State.
• Respondent must carry insurance that meets the qualifications outlined in Section 9 of this document.

The City may investigate at its discretion, the qualifications/abilities of the respondent to perform the services listed in this RFP. Upon request by the City, the respondent shall provide the City with any and all information requested in order to substantiate such qualifications/abilities.

The submission of a Proposal shall constitute acknowledgement and agreement by the respondent to surrender any information requested by the City for such purposes. The City reserves the right, in its sole discretion, to reject the Proposal of any respondent who fails to provide all requested information and/or data, or if the evidence submitted fails to substantiate the qualifications/abilities of the respondent to perform under the Agreement.

Respondents must provide complete proposals, including all documents requested by City in this RFP. Submissions with incomplete questionnaires and pricing information are subject to rejection by the City.

6. ORGANIZATION OF PROPOSAL
These instructions outline the governing format and content of the proposal and the approach to be used for the development and presentation of a response to the RFP. The intent of the RFP is RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
7 to encourage responses that clearly communicate the respondents understanding of the City’s requirements and its approach to successfully provide the products and/or services on time and within budget. Only that information which is essential to an understanding and evaluation of the proposal should be submitted. Items not specifically related to the RFP and proposal, e.g. brochures, marketing material, etc. will not be considered in the evaluation.

Proposals should be concise with enough information to allow for an appropriate evaluation of the respondent’s qualifications and convey the respondent’s understanding of the requested services to be provided to the City.

Proposal Content
Each proposal shall contain the following major sections in order:

1. Letter. The transmittal letter should include the name, title, address, phone number, and original signature(s) of the individual(s) with authority to negotiate on behalf of and to contractually bind the respondent’s company, and who may be contacted during the period of proposal evaluation. Only one transmittal letter need be prepared to accompany the proposal. The letter shall clearly identify the company’s legal name and address; the legal form of the company (e.g. partnership, corporation, joint venture, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all the information required under this section for each member, and attach a copy of the joint venture agreement. If the respondent is a wholly-owned subsidiary of a “parent company,” please identify the “parent company”.

2. Table of Contents. List major sections in the proposal and the associated page numbers.

3. Introduction. Demonstrate the respondent’s experience in providing the services outlined in this RFP. This section should also include a list of individuals and their contact information for the response to this RFP and their preferred method of communication (e.g., phone or email).

4. Proposal Summary. The Firm respondent discuss the highlights, key features, and distinguishing points of its response to this RFP. This should be limited to three pages.

5. Understanding of the Requirements and Ability to Meet. This section of the Proposal shall describe the respondent’s understanding of the services to be provided and its ability to provide the Services as required.

6. Profile of the Proposing Company. This section should include the names of the principals, number of employees, longevity, client base, and any other pertinent information in such a manner that evaluators of the response can reasonably conduct an objective assessment of the capacity and resources of the respondent’s company.

7. Qualifications, Experience, and References. This section of the proposal shall include a brief description of the respondent’s qualifications and previous experience supplying like services and/or equipment to similar public agencies. Five (5) references from clients with projects similar in size, scale or civic type must be submitted along with the names and telephone numbers of contact persons.

Include all areas of expertise, scope of services provided, and relevant experience, including description of each project, role of professional for that project and date completed. Include product provided, the total project cost, and the period over which the items were provided. For each project, please provide the name, title, phone number RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
8 and email address of clients to be contacted for references. Give a brief statement of the respondent’s adherence to the schedule and budget for each project.

8. Approach to Providing Services. Clearly define the services offered and your method of approach when working with clients to deliver the event the client envisions.

9. Portfolio of Work. A portfolio of work that demonstrates the ability of the respondent to provide special event management and production services must be submitted. The portfolio must encompass at least three projects from the last five years of work, and must include the title of the event(s), the date(s) it occurred, the name of the client if applicable, and the number of attendees.

10. Project Staffing. This section shall discuss how the respondent would staff the services outlined in this RFP. Key personnel will be an important factor considered by the review committee. Changes in key personnel may be cause for rejection of the proposal. Include proposed project management structure, including identification of the project consultant and individuals that will be assigned to the project.

11. Proposal Exceptions. Any requested changes or exceptions the respondent has to the City’s RFP condition, requirements, or sample contract shall be included in the final proposal. If there are no exceptions noted, it is assumed the responding Firm will accept all conditions and requirements listed in APPENDIX A SAMPLE AGREEMENT. Items not noted in this section will NOT be open to later negotiation.

12. Forms. Respondent must include the forms listed in Appendix A, including both the questionnaire and the request for a sample budget. Both the questionnaire and pricing information must be submitted as part of the RFP submittal by the respondent.

13. Proof of Insurance Coverage. Responding Firms must provide proof of insurance coverage as outlined in Section 9 CONTRACT AND INSURANCE of this RFP in order to have their response considered for an initial evaluation.

14. Additional Information. No other documentation will be required; however, the respondent may include up to five (5) additional pages which may include elements such as further descriptions of work experience and sample work projects from other jurisdictions.

Proposal Format
Responding Firm’s submission shall be in order of the sections listed here. The proposal should succinctly provide all the information outlined in this section.

Respondents must provide complete proposals, including all documents requested by the City in this RFP. Submissions with incomplete questionnaires and pricing information are subject to rejection by the City.

RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
9 7. SUBMITTAL REQUIREMENTS
Proposals must be prepared in English, and include the forms listed in Appendix A. Any submission shall constitute an irrevocable offer for one hundred eighty (180) days following the deadline for its submission.

A. Copies
The respondent shall submit a final response online through PlanetBids.

B. Deadline
Proposers shall submit one (1) digital copy no later than 5:00 p.m. on January 31, 2025.

To be considered, the submitted proposal shall be submitted electronically through the PlanetBids platform at https://www.beverlyhills.org/BHPlanetBids. The electronic bid system will close exactly at the date and time set forth in this RFP. Respondents are responsible for submitting and having their proposals accepted before the closing time set forth in the RFP.

NOTE: Pushing the submit button on the electronic bid system may not be instantaneous; it may take time for the respondent’s documents to upload and transmit before the proposal is accepted. It is the respondent’s sole responsibility to ensure their documents are uploaded, transmitted, and arrive in time electronically. The City of Beverly Hills will have no responsibility for proposals that do not arrive in a timely manner, no matter what the reason.

Until award of a contract, or disclosure at a public meeting held by the City Council and/or City Council Liaison meeting, the proposals shall be held in confidence and shall not be available for public review. Upon award of a contract to the successful respondent, all proposals, including those not selected, shall be public records. Any respondent may withdraw their response either in person or by written request, at any time prior to the scheduled closing time for receipt of submittal.

C. Contact
Proposers shall not contact the City’s Mayor, Councilmembers, or City Manager during this RFP process regarding the RFP. The current Contractor MUST NOT discuss this RFP with the City’s Mayor, Councilmembers, City Manager, or staff during this RFP process or they will be disqualified.

D. Rejection of Proposals
Proposals received after the deadline shall be considered late. Late submittals will be rejected and will not be considered for review.

The City reserves the right in its sole discretion to reject any or all submissions in whole or in part for any reason without incurring any cost or liability whatsoever. All proposals will be reviewed for completeness of the submission requirements. If a proposal fails to meet a material requirement in the RFP, or if it is incomplete or contains irregularities, the proposal may be rejected. A deviation is material to the extent that a response is not in substantial accord with the requirements in the RFP.

Immaterial deviations may cause a proposal to be rejected. The City may or may not waive an immaterial deviation or defect in a proposal. The City's waiver of an immaterial RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
10 deviation or defect shall in no way modify the RFP or excuse a respondent from full compliance with the remaining RFP.

Proposals that contain false or misleading statements may be rejected if in the City’s opinion the information was intended to mislead the City regarding a requirement of the RFP. Proposals may be rejected in any case where it is determined that the proposals are not truly competitive, or where the costs presented are not reasonable.

E. Proof of Authority
The proposal must also include the following information: name, title, address and telephone number of the individual who has authority to bind the Contractor and who may be contacted during the proposal evaluation period. The proposal shall be signed by an official authorized to bind the Contractor and shall contain a statement to the effect that the proposal is a Contractor offer for at least a one hundred eighty (180) day period.

F. Conflict of Interest
The respondent shall have no interest in other projects or independent contracts that conflict in any manner with the interests of the City. The respondent shall notify the City of any existing contracts or proposed new contracts which may conflict with the City’s interests. Respondents submitting proposals in response to this RFP must disclose to the City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided under an Agreement for Special Event Management and Production Services to be awarded pursuant to this RFP. If this Contractor has no conflict of interest, a statement to that effect shall be included in the proposal.

8. EVALUATION CRITERIA AND SELECTION PROCESS
Evaluation
City will evaluate the proposals with the intent of selecting the most qualified respondent(s). Any contract offered by the City will be awarded in the best interest of the City and in the City’s sole discretion. The City may select more than one respondent for performing special event management and production services.

Each of the major sections of the proposal will be reviewed and evaluated with criteria designed to help judge the quality of the proposal. Evaluation of proposals will not be limited to price alone as technical merit, expertise, track record and references, completeness of proposal documents, and demonstrated successes will be strongly considered in the selection process.

Evaluation criteria include but are not limited to the following:
1) Completeness and thoroughness of the proposal. The ability, capacity, flexibility, and skill of the respondent to provide quality performance under the contract, as evidenced by the quality of any demonstration, client references, and any prior contracts with the City. 2) Understanding of the background and requirements of the Scope of Work. 3) Demonstrated experience and qualifications
4) Ability to provide special event management services and production services as outlined in the scope of work
5) Work experience with other government and/or public sector agencies RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
11 6) Responsiveness of the proposal to specifications described in the RFP, including whether the respondent has agreed to the contracting requirements set forth in this RFP.

The most qualified respondents may be invited for interviews with City representatives. The City reserves the right to interview as many or as few Respondents as it deems appropriate. The City also reserves the right to make its selection without conducting interviews and award as many or as few contracts it deems appropriate.

Pre-contractual Expenses
Pre-contractual expenses incurred by respondents and the selected firm(s) include the following:

1. Preparing proposals in response to this RFP.

2. Submitting proposals to the City.

3. Negotiations with the City on any matter related to proposals.

4. Other expenses incurred by respondents prior to the date of award of any agreement.

In any event, the City shall not be liable for any pre-contractual expenses incurred by any respondent. Respondent shall not include any such expenses as part of the price proposed in response to this RFP. The City shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP.

Negotiations
Negotiations will cover the scope of work, the contract schedule duration, Agreement terms and conditions, technical specifications, and price. If the negotiating team is unable to reach an acceptable Agreement with the selected respondent, City staff will recommend that the negotiations be terminated and an alternative approach be attempted, including the possibility of entering into negotiations with another respondent.

No Agreement, express or implied, shall exist or be binding on the City before the execution of a written Agreement by both parties. If agreement on the terms cannot be reached after a period deemed reasonable by the City in its sole discretion or if, after the City and the selected respondent agree to terms and execute an Agreement, that Agreement is terminated for any reason, the City may enter into negotiations and sign an Agreement with any other respondent who submitted a timely, responsive and responsible proposal to this RFP, or issue a new RFP and begin the proposal process anew.

9. CONTRACT AND INSURANCE
The City will prepare an Agreement for implementation between the successful respondent and the City (See Appendix C for a Sample). The selected firm’s standard form contract will not be considered as an acceptable substitute. The selected firm shall maintain, at a minimum, the insurance requirements specified in the sample Agreement. The insurance information listed below encompass the City’s minimum requirements. The City shall have access to the selected vendor’s total policy limits beyond the minimum requirements as listed below:
• Insurance 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. • 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 RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
12 personal injury, death, loss or damage resulting from the wrongful or negligent acts by Consultant.
• If the 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).
• If the 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). • If the 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). • 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. • 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 Consultant in performing the Scope of Work required by this Agreement.
• Workers' compensation insurance as required by the State of California. • 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. • Each sub-contractor engaged by the Contractor must maintain insurance coverage which meets all the requirements listed in the Agreement (Appendix C to this RFP). • All of the policies shall contain an endorsement providing that the policies cannot be canceled or 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 this Agreement.
• All policies of insurance shall include provisions for waiver of subrogation. The Contractor’s insurance shall be primary to any coverage available to City. • The general and auto liability insurance shall contain an endorsement naming the CITY as an additional insured.
• City may either immediately terminate the Agreement if the insurance lapses during the Agreement or the City may take out the necessary insurance and pay, at the Contractor’s expense, the premium.
• All insurance certificates shall be on file with the City Clerk. • Any deductibles or self-insured retentions shall be declared to the City and must be approved by the City.
• The insurance amounts required by the Agreement do not limit the City’s right to recover against the Contractor or its insurance carriers.

10. GENERAL INFORMATION AND INSTRUCTIONS
All communications concerning this RFP should be directed to Anthony Rodstein, Purchasing Services Manager, by email at [email protected] .

No questions or comments regarding this RFP are to be directed to the Mayor of the City of Beverly Hills, the Mayor's Office, Beverly Hills City Council, the City Manager, the Director of Finance, any public official, or any City of Beverly Hills trustee other than those listed above.

RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
13 The issuance of this RFP and receipt of proposals does not commit the City to award an Agreement, which is at the sole discretion of the City. The City reserves the right to negotiate with any respondent to this RFP.

City reserves the right to cancel or revise any section of the RFP prior to the due date, and further reserves the right to extend the due date. Any cancellations or revisions to the RFP will be published on PlanetBids. The information will also be emailed to any respondent who the City emailed a copy of the RFP to, as well as to any respondent who has reached out to the City in regards to this bid as directed above. If any respondent determines that an addendum unnecessarily restricts its ability to bid, it must notify the City no later than three (3) days following the receipt of the addendum.

The City expressly reserves the right to reject any and all proposals or to waive any irregularity or informality in any proposal or in the RFP procedure and to be the sole judge of the responsibility of any respondent of the suitability of the materials and/or services to be rendered. The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City reserves the right to modify the RFP schedule described above.

The City will be the sole and exclusive judge of quality, compliance with RFP specifications or any other matter pertaining to this RFP. The City reserves the exclusive right to award this RFP in any manner it deems to be in the best interest of the City.

No prior, current, or post award verbal conversations or agreement(s) with any officer, agent, or employee of the City shall affect or modify any terms or obligations of the RFP, or any contract resulting from this RFP.

Respondents are responsible for complying with all federal, state, and local rules and regulations.

Respondents agree the City may, in its sole discretion, at any time prior to the execution of a final contract, accept, reject or cancel all or any part of a proposal, issue another proposal with terms and conditions similar or different to those set forth above, extend any deadline and/or supplement, amend or otherwise modify the proposal.

By submission of a proposal, respondents acknowledge and agree that the City of Beverly Hills, as a public trust, is subject to state and local public disclosure laws and, as such, is legally obligated to disclose to the public documents, including proposals, to the extent required thereunder. Without limiting the foregoing sentence, the City's legal obligations shall not be limited or expanded.

Respondents are advised to become familiar with all conditions, instructions and specifications governing this RFP. Once the award has been made, a failure to have read all the conditions, instructions and specifications of this RFP document shall not be cause to alter the contract or for respondent to request additional compensation.

The successful firm shall not assign the contract or subcontract, in whole or in part, without the prior written consent of the City. Such consent shall neither relieve the respondent from its obligation nor change the terms of the contract.

Each responding firm shall submit in full this completed original RFP document and all necessary catalogues, descriptive literature, etc., needed to fully describe the materials or work RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
14 it proposes to furnish. A responding Firm’s failure to fully and adequately respond to this RFP may render the bid non-responsive and is grounds for rejection by the City.

Upon the award of the contract to the successful respondent(s), the City will require evidence of insurance coverage be furnished prior to issuing a purchase order. The amounts and types of coverage are specified in Appendix C, Section 11 Insurance as well as in Section 9 CONTRACTS AND INSURANCE of this RFP document. All insurance forms must be in a format acceptable to the City.

Every supplier of materials and services and all respondents doing business with the City shall be an "Equal Opportunity Employer" as required by Section 2000e of Chapter 21, Title 42 of the United States Code Annotated and Federal Executive Orders #11375, and as such shall not discriminate against any other person by reason of race, creed, color, religion, age, sex or physical or mental handicaps with respect to the hiring, application for employment, tenure, terms or conditions or employment of any person.

Prices quoted herein must be guaranteed for a period of not less than one hundred eighty (180) days after closing date of this RFP.

RFPs calling for other than a "lump sum" total may be awarded by single item, by groups of items, or as a whole, as the City deems to be in the best interest of the City.

Responding Firms shall cooperate with the City in all matters relating to taxation and the collection of taxes. It is the policy of the City to self-accrue use tax associated with its own purchases. The City requests that its Contractors self-accrue their use tax, when applicable, and report the use tax to the State Board of Equalization with a City-assigned permit number. The City's own use tax, which is self-accrued by the City, will be remitted to the State of California pursuant to the City's permit with the State Board of Equalization.

All materials submitted in response to an RFP will become the property of the City of Beverly Hills and will be returned only at the City's option and at the expense of the responding Firms submitting the proposal or bid. One copy of a submitted proposal will be retained for official files and become a public record. However, any confidential material submitted by responding Firms that was clearly marked as such will be returned upon request.

11. DISQUALIFICATION
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:
• Evidence of collusion, directly or indirectly, among respondents in regard to the amount, terms or conditions of this proposal;
• Any attempt to improperly influence any member of the evaluation team; • Existence of any lawsuit, unresolved contractual claim or dispute between respondent and the City;
• Evidence of incorrect information submitted as part of the proposal; • Evidence of respondent’s inability to successfully complete the responsibilities and obligation of the proposal; and
• Respondent’s default under any previous agreement with the City, which results in termination of the Agreement.

RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
15 12. CHECKLIST
The Checklist below has been prepared by City. The Checklist may be incomplete; therefore, it is the responsibility of the Respondent to ensure that each item requested within the RFP response is included.
 Cover Letter which expresses how the responding Firm meets the minimum qualifications which shall include:
• Firm’s name
• Address
• Telephone number of primary person to contact
• Email address of primary person to contact
• Firm’s business status as a partnership, corporation, joint venture, etc. - Upon request by City, the responding Firm shall provide the necessary documents for those authorized to sign agreements or other documents on behalf of the corporation or LLC.
 Proof of Authority
 Sufficient information to address all the items listed in SECTION 6 ORGANIZATION OF PROPOSAL.
 Appendix A – Experience Form and Questionnaire
 Appendix B – Pricing Information (Sample Budget)

RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
16 APPENDIX A

EXPERIENCE FORM AND QUALIFICATIONS QUESTIONNAIRE
The respondent shall provide the following information. Failure to fully complete the required information may render the proposal non-responsive and possibly eliminate the proposal from further consideration.

The City is interested in receiving proposals from a variety of firms for special event management and production services. Proposals from several firms will be considered and multiple contracts may be awarded at the discretion of the City.

Respondents should note that a portfolio of work that demonstrates the ability of the applicant to provide special event management and production services is required in addition to this form. The portfolio must encompass a minimum of three examples of work that occurred in the last five years. The submitted portfolio must include work that is relevant to Task 1 and/or Task 2 of the RFP. The submission must include the title of the event(s) managed and/or produced, the date(s) it occurred, and the number of attendees.

1. Respondent has been engaged in the special event management and production services business under the present business name of
____________________________________________ for ________ years. (Name of Business) (Number)

2. Business license # ________________ Issued by ________________________________ (Name of City for Business License)

3. Information for the main contact who would be able to answer questions regarding the proposal and its contents.

Name: ________________________________
Title: ________________________________
Phone Number: ________________________________
Email: ________________________________________________________________

4. How many full time staff does your firm currently employ? ___________

5. For how many municipal government or public sector organizations is your firm currently providing special event management and production services? _______________________

6. For how many municipal government or public sector organizations has your firm provided special event management and production services in the last five (5) years? _________________ RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
17 7. In the last twelve months, how many events of the following sizes have been produced and/or managed by your firm? Please indicate a number for all that may apply:
• Fewer than 1,000 attendees
• 1,000 to 5,000 attendees
• 5,000 to 10,000 attendees
• 10,000 to 20,000 attendees
• 20,000 attendees or more

8. For all clients referenced in Question #5, the respondent must provide on company business letterhead:
a. Municipal Government or Public Sector Agency name, location, and personal contact at that agency with telephone number
b. Brief description of the scope of work
c. Number of years the respondent has continuously serviced the account

9. The respondent understands that all listed clients and references may be contacted by the City for the purpose of evaluating proposals. (yes / no).

10. (Option) Briefly describe in the space provided below your qualifications for providing special event management and production services as described in the scope of services in this RFP, or any other information you’d like to share that exemplifies the qualifications of your firm. A maximum of two (2) additional pages may be attached to the response if needed. ________________________________ _____________________________ Print Name Signature Date
RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
18 APPENDIX B

PRICING INFORMATION
The Respondent shall provide the following information. Failure to complete the required information may render the proposal non-responsive and possibly eliminate the proposal from further consideration.

The City is interested in receiving proposals from a variety of firms for special event management and production services. In order to gauge an approximate cost of an event, the City is requiring each respondent to provide a sample budget from an event you have previously done for either the City or another entity. The budget shall include line item breakdowns. A sample budget is provided below for reference. This sample budget provided by respondent must be for an event the respondent produced and should not be identical to the one listed below.

Expenses - Main Kick Off Night on Rodeo Drive with full street closure and stage entertainment Item Description Detail PROGRAM
COSTS
Site Services, Infrastructure, K Rail,
& Equipment
Cleaning, Crowd Control, Heavy Equipment, Production
Office, Public Restrooms, K-Rail (Street Closure) $33,000.00 City Event Permit Permit for Street Closure and Special Event, City Personnel from Police, Fire, Public Works, etc. $45,000.00 Event Rentals & Furnishings Main Evening Event $31,000.00 Creative Services: Signage, Branding,
Printed Materials, and Postcards
All signage and pre-promotion of the event, design and
produced for physical postcards, signs and banners $35,000.00 3rd Party Security & Medical Private unarmed security and first aid team $12,500.00 First Night Kick Off plus Talent and
Hospitality
Variety of talent and elements for stage performances
including on-street roving entertainment; hospitality for public to include photo backdrops, public giveaways, etc. $213,150.00
Fireworks 6-minute show from pyrotechnic professionals in one location $25,000.00
Main Stage: Includes Stage Hands,
Audio Technician(s), and Equipment To support kickoff entertainment $38,000.00 Main Stage Lighting To support kickoff entertainment $20,000.00 Generators To support all event power needs that may be limited on closed street $14,000.00
Graphic Design
For the entire event - including graphics for stage, step and repeat, sidewalk signage as permitted by City, for use in collateral
$15,000.00
Video, Audio, & Sound Staff to film and show on screens down the block so public can see performances $46,500.00
Event Support Staff (e.g. Wages,
Parking, and Crew Meals) Production Supplies, Crew Meals, Parking, etc $45,000.00 Champagne Garden / Food and
Beverage Rentals and Staffing $20,000.00
Misc. Production Vehicles, Radios, etc. $9,500.00
Social Media Influencers Should include any other social media or PR strategy including purchasing ads $20,000.00
Subtotal $622,650.00
Fee for Management Company Estimated at 20% $124,530.00 Projected Total Costs $747,180.00
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Prof. Consult. (1864059v11) [rev. 06/24]

APPENDIX C

SAMPLE AGREEMENT

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
[CONSULTANT’S NAME] FOR [BRIEFLY DESCRIBE PURPOSE
OF THIS CONTRACT]
NAME OF CONSULTANT: insert name of consultant
RESPONSIBLE PRINCIPAL OF CONSULTANT: insert name, title of responsible principal CONSULTANT’S ADDRESS: insert street address
insert city, state, zip code
Attention: insert dept. head name, title
CONSULTANT’S E.I.N./TAX I.D. NO.: insert consultant Tax I.D.

CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: [Dept. Head’s Name, Title]
COMMENCEMENT DATE: insert commencement date
TERMINATION DATE: insert termination date
CONSIDERATION: Not to exceed $ insert amount
RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
20 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
[CONSULTANT NAME] FOR [BRIEFLY DESCRIBE PURPOSE
OF CONTRACT]
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and [CONSULTANT Name], (hereinafter called “CONSULTANT”).

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. CONSULTANT represents that it is qualified and able to perform the Scope of Works.

NOW, THEREFORE, the parties agree as follows:

Section 1. Scope of Work.

CONSULTANT 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 CONSULTANT 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.

CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.

The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
If compensation is based on an hourly rate or other rates CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT 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, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.

If compensation is based on a flat fee
□
□
RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
21 CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT 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
If no reimbursable 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.

If CITY reimburses for certain expenses in addition to compensation CONSULTANT shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by CONSULTANT which are not expressly authorized by this Agreement will not be reimbursed by CITY. (c) Additional Services. CITY may from time to time require CONSULTANT 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.

Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONSULTANT 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 CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT 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 CONSULTANT without the prior written approval of City Manager. Any attempt by CONSULTANT 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) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’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. CONSULTANT 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 CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner □
□
□
RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
22 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 CONSULTANT.

Section 11. Insurance.
(a) CONSULTANT 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 CONSULTANT.
(2) 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 CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) 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, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT 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) CONSULTANT 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 CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY 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. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY 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 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 CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
□
RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
23 (h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT 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 CONSULTANT and its insurance carriers.

Section 12. Indemnification.
(a) CONSULTANT 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, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT 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 CONSULTANT. CONSULTANT 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 CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT 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 CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’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 CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONSULTANT 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. CONSULTANT 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. CONSULTANT 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, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
24 Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT 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). CONSULTANT 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 CONSULTANT, 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 CONSULTANT.

Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any discrepancy between the express or implied subject matters 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 CONSULTANT.

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.

RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
25 EXECUTED the day of 20___, at Beverly Hills,
California.

CITY OF BEVERLY HILLS
A Municipal Corporation

Name: Dept Head/ Dir. of Fin. / CM
Title
CONSULTANT:

Name:

Title:

Name:

Title:

RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
26 APPROVED AS TO CONTENT:

Dept. Head Name:

Title:

Risk Mananger Name
Risk Manager

Purchasing Services Manager Name
Purchasing Services Manager
27 EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall perform the following services:

Task 1: Special Event Management
• Creating and managing event timelines and task lists; • Designing and managing all experiential, physical, and digital event elements • Coordinating public outreach to community stakeholders including businesses and residents;
• Directing the coordination of tasks and activities with City and non-City partners in preparation for the day of the event;
• Hiring, managing, and training event production staff before the event and day of the event;
• Establishing and maintaining effective working relationships with the City’s special events team;
• Developing accurate event budgets and calculating changes in scope as needed; • Hiring and coordinating servers and bartenders as needed; • Hiring and coordinating various types of musical entertainment as needed; • Preparing, designing, and delivering event invitations as needed; • Managing community impact notifications and response; • Managing experiences and relationships with VIP event guests; • Attending project management meetings on a regular basis as needed; • Preparing professional quality reports and supporting documents for a variety of audiences, including City Council;
• Delivering marketing and promotional collateral using traditional and digital platforms;
• Upholding the brand of the City of Beverly Hills at all times; and Task 2: Special Event Production
In addition to services for special event management, the City seeks services for special event production and execution. The selected Contractor(s) will be able to provide comprehensive special event production services with the goal of ensuring that the quality of the special event experience is maintained at the highest caliber. The selected Contractor(s) will also be able to provide special event production services including but not limited to the following:
• Negotiating with other contractors and consultants to coordinate lighting, video, sound, labor, and backline services;
• Executing and providing technical management for all experiential, physical, and digital event related services;
• Providing schedules and technical service requests as related to all resources used in the execution of the event including City resources; • Coordinating street closures and traffic management plans in conjunction with the City;
• Performing site inspections and testing of equipment; RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
28 • Developing and communicating technical operations plans with entertainment, security, and safety personnel;
• Hiring other technical and equipment vendors as needed; • Coordinating and managing technical event rehearsals; • Troubleshooting and addressing technical challenges with hardware and equipment;
• Leading the production team and coordinating on-site installation of event elements;
• Providing technical expertise on topics including but not limited to visual effects, lighting, sound, set design, rentals, and staging; and
• Supervising event production operations in both back-of-house and front-ofhouse.

Beverly Hills Signature Events (attendance ranging 4,000 – 44,000):
• Specific to the Father’s Day Concours d’Elegance event on Rodeo Drive, Contractor must be capable of sponsorship management.
• Specific to Rodeo Drive Holiday Lighting Celebration, Contractor must be responsible and capable of décor design, procurement, installation, maintenance, and other services as needed.

Additional City services may be identified and mutually agreed upon by both parties in writing prior to event.

Environmental Sustainability

2. Where reasonable, City requests Contractor to ensure that 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:
• The use of Styrofoam (cups, plates, to go boxes, etc.) is prohibited to the greatest extent possible
• The use of single-use plastic is prohibited, and recycled 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)
• 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 • If possible, City requests the subcontractor for the beer and wine garden(s) to consider an environmentally friendly flooring
• City requires only the distribution of paper straws with drinks where feasible RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
29 II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency 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.

B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

C. CONSULTANT 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.

RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
30 EXHIBIT B

SCHEDULE OF PAYMENT AND RATES

(a) [Rates/Compensation]
(b) CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.

RFP: EVENT PRODUCTION AND MANAGEMENT SERVICES
31 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
CONSULTANT'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: CONSULTANT 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 CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT 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.

Prof. Consult. (1864059v11) [rev. 06/24]

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
[CONSULTANT’S NAME] FOR [BRIEFLY DESCRIBE PURPOSE
OF THIS CONTRACT]
NAME OF CONSULTANT: insert name of consultant
RESPONSIBLE PRINCIPAL OF CONSULTANT: insert name, title of responsible principal CONSULTANT’S ADDRESS: insert street address
insert city, state, zip code
Attention: insert dept. head name, title
CONSULTANT’S E.I.N./TAX I.D. NO.: insert consultant Tax I.D.

CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: [Dept. Head’s Name, Title]
COMMENCEMENT DATE: insert commencement date
TERMINATION DATE: insert termination date
CONSIDERATION: Not to exceed $ insert amount
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
[CONSULTANT NAME] FOR [BRIEFLY DESCRIBE PURPOSE
OF CONTRACT]
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and [CONSULTANT Name], (hereinafter called “CONSULTANT”).

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. CONSULTANT represents that it is qualified and able to perform the Scope of Works.

NOW, THEREFORE, the parties agree as follows:

Section 1. Scope of Work.

CONSULTANT 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 CONSULTANT 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.

CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.

The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
If compensation is based on an hourly rate or other rates CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT 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, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. □
□
3 If compensation is based on a flat fee
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT 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
If no reimbursable 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.

If CITY reimburses for certain expenses in addition to compensation CONSULTANT shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by CONSULTANT which are not expressly authorized by this Agreement will not be reimbursed by CITY. (c) Additional Services. CITY may from time to time require CONSULTANT 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.

Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONSULTANT 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 CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT 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 CONSULTANT without the prior written approval of City Manager. Any attempt by CONSULTANT 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) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY. □
□
□
4 Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’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. CONSULTANT 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 CONSULTANT. CONSULTANT 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 CONSULTANT.

Section 11. Insurance.
(a) CONSULTANT 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 CONSULTANT.
(2) 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 CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) 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, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT 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) CONSULTANT 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 CONSULTANT’s expense, the premium thereon.
□
5 (e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY 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. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY 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 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 CONSULTANT 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, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT 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 CONSULTANT and its insurance carriers.

Section 12. Indemnification.
(a) CONSULTANT 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, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT 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 CONSULTANT. CONSULTANT 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 CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation. 6 Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’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 CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONSULTANT 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. CONSULTANT 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. CONSULTANT 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, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONSULTANT 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 CONSULTANT. In the performance of this Agreement, CONSULTANT 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). CONSULTANT 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. 7 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 CONSULTANT, 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 CONSULTANT.

Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any discrepancy between the express or implied subject matters 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 CONSULTANT.

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

Name: Dept Head/ Dir. of Fin. / CM
Title
CONSULTANT:

Name:

Title:

Name:

Title:
8 APPROVED AS TO CONTENT:

Dept. Head Name:

Title:

Risk Mananger Name
Risk Manager

Purchasing Services Mananger Name
Purchasing Services Manager
9 EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall perform the following services:

II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency 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.

B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

C. CONSULTANT 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.
10 EXHIBIT B

SCHEDULE OF PAYMENT AND RATES

(a) [Rates/Compensation]
(b) CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.

EXHIBIT C

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
CONSULTANT'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: CONSULTANT 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 CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT 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.

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