Contract No. 4820
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of _________________(“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and McCabe’s Guitar Shop (“Contractor”), a California Corporation, is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. Contractor is qualified to do business, and is doing business, in the State of California. Contractor represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.
C. The City and Contractor desire to enter into an agreement for Contractor to produce, develop, and implement a free and family-friendly concert series in one or more of the City’s parks (“Concert Series”).
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2022, unless sooner terminated in accordance with Section 17. The City, at its sole discretion, shall have the option to extend the term of this Agreement for three separate one-year options (“Extension Terms”).
2. Contractor Services. Unless otherwise specified in this Agreement, Contractor will perform all the services (“Services”) described in the City’s Outdoor Music Concert Series 2021 Event Production Request for Proposal (“RFP”) that the City issued on June 25, 2021 and the proposal that Contractor submitted to the City in response to the RFP, which documents are attached to this Agreement as Exhibit A, Scope of Services, and incorporated by reference. Contractor will complete the Services in accordance with Exhibit B, Budget.
3. Equipment and Production Elements. Contractor agrees to provide, at its sole expense, all materials to be used for the Concert Series, including but not limited to equipment, instruments, and other personal property (collectively, “Equipment and Production Elements”) and personnel required for the Concert Series unless otherwise specified in the RFP.
4. Publicity. Contractor agrees to not generate any written, audio, or visual publicity regarding the Concert Series without prior written approval from City.
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5. City Services. The City agrees to:
5.1 City shall monitor, evaluate, and provide guidance to Contractor to ensure proper performance of this Agreement, and Contractor will fully cooperate in such activities. City’s provision of guidance does not limit or diminish Contractor’s responsibilities.
5.2 The City agrees to allow Contractor and Contractor’s employees, volunteers, agents, and subcontractors reasonable access to the designated City parks where the Concert Series will be held as provided in Exhibit A, Scope of Services.
5.3 Provide technical support and help Contractor navigate the City’s permitting process for the Concert Series.
5.4 Provide support for the production of the Concert Series by engaging a City consultant that will regularly meet with City staff and Contractor to provide advice and support regarding marketing, the event permitting process, programming, logistics, and budgeting.
5.5 Promote the Concert Series on the City’s website, Facebook Page, and other City social channels, as the City deems appropriate.
5.6 Make available to Contractor any currently existing documents, data or information required for the performance of the Services.
5.7 Designate a representative authorized to act on behalf of City.
5.8 Promptly examine and render findings on all documents and materials submitted for staff review by Contractor.
6. Credit to City. Contractor agrees to credit the City of Santa Monica on any and all written materials that are used by Contractor to promote the Concert Series.
Contractor further agrees to include in any press release, printed materials or public or private statements related to the Concert Series the following phrase: “supported by the City of Santa Monica Art of Recovery Program,” or similar language as may be agreed to by both parties.
7. Compensation. The City will compensate Contractor for the Services performed in an amount not to exceed $50,000, as set forth in Exhibit B. If the City exercises its options to extend the term of this Agreement, the amount of the compensation will increase $2,000 per year. The total contract not-to-exceed amount for the term of the Agreement, including Extension Terms, will be $212,000 after compensating Contractor $50,000 the first year, $52,000 for the second year, $54,000 for the third year, and $56,000 for the fourth year.
8. Invoices. Contractor will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
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9. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
9.1 All notices, demands, requests or approvals to the City:
Cultural Affairs Division
City of Santa Monica
1685 Main Street, MS #44
Santa Monica, California 90401
Attention: Cultural Affairs Manager
Re: Contract No. 4820
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 4820
9.2 All notices, demands, requests or approvals to Contractor:
McCabe’s Guitar Shop
3101 Pico Blvd
Santa Monica, CA 90405
Attention: Walt McGraw, Vice President
[email protected], 310-828-4497
Re: Contract No. 4820
10. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of Contractor or any of Contractor’s agents, employees, or subcontractors, except as otherwise provided in this Agreement.
11. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and Contractor, and approved as to form by the City Attorney.
12. Insurance. Prior to commencing work, Contractor must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 arise from or in connection with the performance of the Services by Contractor or Contractor’s agents, representatives, employees or subcontractors for the duration of this Agreement. Contractor must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
13. Defense and Indemnification.
13.1 Contractor agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of Contractor, or Contractor’s employees, agents, officers, and subcontractors. Contractor’s responsibilities under this Section
13.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Contractor, its employees, volunteers, agents or officers, or subcontractors; provided, however, that Contractor’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding Contractor’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Contractor, if City chooses to do so.
13.2 Enforcement Costs. Contractor agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 13.1.
14. Prohibition Against Transfers.
14.1 Contractor may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
14.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate exists, which results in changing the control of Contractor, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
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15. Permits and Licenses. With the exception of the Event Permit for the Concert Series for which the Contractor is responsible for procuring but which the City will waive the permit fee, Contractor at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
16. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
17. Default and Termination.
17.1 If Contractor fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Contractor. Contractor agrees that any unexpended compensation that City paid to Contractor must be returned to the City within thirty (30) days from the City’s written termination notice to Contractor. Contractor’s obligation to return unexpended funds will survive the termination or expiration of this Agreement.
17.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Contractor. Upon termination of this Agreement, City will pay Contractor any compensation earned and unpaid up to the effective date of termination provided that Contractor submits documentation, including receipts, to support the amount of compensation earned. Contractor agrees that any unexpended compensation that City paid to Contractor must be returned to the City within thirty (30) days from the City’s written termination notice to Contractor. Contractor’s obligation to return unexpended funds will survive the termination or expiration of this Agreement.
18. Event Cancellation.
18.1 Return of Funds. In the event that Contractor cannot produce one or more scheduled concerts due to Force Majeure as this term is defined in Section 18.4 of this Agreement, Contractor agrees that any unexpended compensation that City paid to Contractor must be returned to the City within thirty (30) days from the earliest date of a scheduled concert, as specified in Exhibit A, that Contractor was unable to produce due to Force Majeure. Contractor’s obligation to return unexpended funds will survive the termination or expiration of this Agreement.
18.2 Cancellation by Contractor. If the Contractor is unwilling or unable to produce one or more concerts of the Concert Series, and such failure to perform is not excusable under Section 18.4, Force Majeure, Contractor shall notify the City at least ten days in advance and in writing. If the City compensated Contractor for DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 the concerts that Contractor is unwilling or unable to produce, within 30 days from the earliest date that a scheduled concert was cancelled, Contractor shall refund the City an amount at a rate equal to one quarter of the Agreement amount, for the applicable year, for each concert that is cancelled by Contractor.
For purposes of illustration only, should Contractor cancel two concerts during the first year of this Agreement, for which the budgeted amount is $50,000, and Contractor’s failure to perform is not excusable under Section 18.4, Contractor would be required to refund the City a sum in the amount of $12,500 per cancelled concert, for a total of $25,000 for both cancelled concerts.
18.3 Cancellation by City. If the City is unwilling and unable to proceed with one or more concerts of the Concert Series, and such failure is not excusable under Section 18.4, Force Majeure, City shall notify the Contractor at least ten days’ in advance and in writing. The City will seek to rebook a cancelled concert for a mutually agreeable date within a twelve-month period from the cancellation date. If it is not feasible to rebook a cancelled concert within a twelve-month period from the cancellation date, the City agrees to pay Contractor a cancellation fee equal to one eighth of the Agreement amount, for the applicable year, for each concert that is cancelled by the City. For purposes of illustration only, should City cancel two concerts during the first year of this Agreement, for which the budgeted amount is $50,000, and City’s failure to perform is not excusable under Section 18.4 and it is not feasible to rebook the cancelled concerts as provided in this paragraph, City would be required to pay Contractor a cancellation fee in the amount of $12,500 for the two concerts that City cancelled.
18.4 Force Majeure. In the event that one or more concerts of the Concert Series is prevented by an act of God; natural disaster; the acts, order, decree or regulation of a governmental body or public authority; interruption of transportation; work stoppage or strike; construction or demolition at a City park where a concert is scheduled for performance; or any other cause beyond reasonable control of City or Contractor (collectively, “Force Majeure”), both parties will be relieved of their respective obligations under the terms and conditions of the this Agreement for the performance or activity so prevented. For purposes of this Agreement, the concept of Force Majeure shall not apply to disruptions of a public outside performance due to rain or wind.
19. Compliance with Law. Contractor must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City, including the City’s COVID-19 Vaccination Policy, which is attached hereto as Exhibit D and incorporated by reference.
20. Discrimination. Contractor may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
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21. Nuisance. Contractor may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
22. Records.
22.1 Contractor must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subcontractor costs, or other direct costs. Contractor must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
22.2 Contractor must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.
Contractor must clearly identify all records and make them readily accessible to the City. At the City’s request, Contractor must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
22.3 Contractor must allow the City to have free access to Contractor’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Contractor’s records, and Contractor agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Contractor, Contractor agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
23. Work Product; Reports; Images
23.1 Any work product prepared or caused to be prepared by Contractor or any subcontractor for this Agreement will be the exclusive property of City. No work product given to or prepared by Contractor or any subcontractor pursuant to this Agreement may be made available to any individual or organization by Contractor without prior written approval by City.
23.2 At the City’s request, Contractor must furnish reports concerning the status of the Services.
23.3 Contractor represents and warrants that the photographs that Contractor will provide to the City, as outlined in the RFP, (the “Images”) are original works (excluding permissioned materials), will not contain any libelous or otherwise unlawful material, and will not infringe upon any copyright, patent, trademark, trade secret, or other intellectual property right, any right against defamation, any right of publicity, or any privacy right, or violate any other personal, property, or proprietary right.
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24. Permissions. Contractor represents and warrants the following:
24.1 Prior to delivery of the Images, Contractor has obtained from all persons who are, or whose trademark or other property is, identified, depicted, or otherwise referred to in any of the Images, all grant licenses, permissions, waivers, and consents (collectively, "Permissions" and each, individually, a "Permission"), including those relating to publicity and privacy, as are or reasonably may be expected to be necessary for the Images, including all intellectual property rights therein, without incurring any payment or other obligation to, or otherwise violating any right of, any such person; and
24.2 Should the Images depict, or otherwise refer to names, images, likeness, or biographical and professional information of any persons, Contractor shall procure such Permissions as are or may be expected to be necessary for Contractor to fully and lawfully exercise Contractor’s rights under this Agreement; and
24.3 Contractor has procured, in legally binding and irrevocable written instruments, all Permissions as are or reasonably may be expected to be necessary for Contractor to fully and lawfully exercise Contractor obligations and rights under the Agreement, including all required Permissions of the representatives of any deceased individual who are, or whose property is identified, depicted, or otherwise referred to in the Images; and
24.4 Upon delivery of the Images, Contractor will provide the City with a copy of each such fully executed Permissions.
25. Archival Materials for City. Within thirty (30) calendar days after completion of the Concert Series, Contractor must provide the City with the following:
Digital Photographs. A set of at least three digital Images of the Concert Series in 300dpi or better, JPG or TIFF files, on a Flash Drive. The Images must be labeled with the name of the Concert Series, the date that the photograph was taken, the location from which the photograph was taken, and the full name of photographer that took the Images to permit City to provide credit to photographer. By providing the Images to the City, Contractor represents and warrants that the Images and use thereof as permitted under this Agreement will not violate any law or regulation or infringe or otherwise violate any right of any third-party, including, but not limited to, any copyright or other intellectual property right, or the right of any person or entity.
25.1 Written Description. A full written narrative description of the Concert Series.
26. Reproduction Rights.
26.1 Definition of “Reproduction.” With respect to reproduction in connection with the use of the Images, “reproduction” means using an unlimited number of DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 copies of the Images in any and all formats and media whether now or hereafter known or devised by any and all technologies and means of delivery.
26.2 License Rights to City. Contractor hereby expressly grants to the City a nonexclusive license to reproduce the Images, or any portion thereof, for commercial and non-commercial use, and to publicly display and use the Images and any reproductions thereof for commercial and non-commercial use, in accordance with the provisions set forth in Section 27, License Rights to Images, below.
26.3 Copyright Ownership and License Rights. Contractor retains all copyright interests in the Images and has the right to reproduce the Images or grant licenses for reproduction of the Images to others for commercial or noncommercial purposes subject to the provisions of Section 27, License Rights to Images, below.
27. License Rights to Images.
27.1 Definitions. For purposes of this Section 27, the following terms have the following meanings:
27.1.1 “Commercial Use.” The term “commercial use” means the approved use or reproduction of the Images, or any part thereof, by the City or Contractor, which results in direct monetary compensation to the party initiating the use or reproduction, including use or reproduction of the Images in advertising, clothing, magazines, books, newspapers, postcards, films, television, greeting cards, commercial photography, posters, lithographs or other print and electronic media now known or hereafter discovered.
27.1.2 “Non-Commercial Use.” The term “non-commercial use” means any use of the Images, or any part thereof, for informational, historical or educational purposes, and which does not result in any direct monetary compensation to either Contractor or the City, including: any reproduction of the Images in reviews or articles relating to the City, the Concert Series, or Contractor; brochures and other print and electronic media now known or hereafter discovered, provided that such non-commercial use is exercised in a reasonable and professional manner and photographer is credited in use of the Images as is appropriate for the nature of the use.
27.1.3 “Contractor” and “City.” As used in this Section 27, the terms “Contractor” and “City” include the respective heirs, successors and assignees of each party.
27.2 Commercial Use by City. Commencing upon the Contractor’s delivery of the Images to the City, Contractor agrees to grant to the City a non-exclusive license to reproduce the Images, or any portion thereof, for commercial use, subject to the following limitation. Contractor has the right to review and approve in writing any commercial use of the Images by the City or any of the City’s DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 sublicensees. However, Contractor agrees that its approval will not be unreasonably withheld. In addition, Contractor must notify the City of Contractor’s disapproval of any commercial use within fifteen (15) calendar days of receipt of written notice by the City of such proposed commercial use.
Contractor’s failure to notify the City will be deemed to constitute approval by Contractor of the proposed commercial use. The City’s non-exclusive license interest and sublicense rights for commercial use of the Images extends for the duration of Contractor’s copyright, or 100 years, whichever period is longer.
The City agrees that all commercial uses of Images will be of a dignified manner and Contractor’s rights will be respected by the City. The City will ensure that the photographer is credited in the commercial use of the Images, as is appropriate for the nature of the use.
27.3 Commercial Use by Contractor. The City has the right to review and approve any commercial use of the Images by Contractor or any of Contractor’s licensees. However, the City agrees that its approval will not be unreasonably withheld. In addition, the City must notify Contractor of its disapproval of any commercial use within fifteen (15) calendar days of receipt of written notice by Contractor of the proposed commercial use.
27.4 Share of Proceeds. If Contractor reproduces Images for commercial use, Contractor must credit the City as commissioning party of the Images, unless such credit is not reasonably feasible, and pay to the City 50% of the net proceeds earned by Contractor from each reproduction thereof. If the City reproduces the Images or any form thereof for commercial use, the City will pay Contractor 50% of the net proceeds earned by the City from any reproduction thereof. If either the City or Contractor reach an agreement with a third party for payment of monetary compensation in exchange for commercial use of the Images by the third party, Contractor is entitled to receive 50% and the City is entitled to receive the other 50% of the negotiated monetary compensation.
27.5 Non-Commercial Use. Commencing Contractor’s delivery of the Images to the City, Contractor agrees to grant to the City a non-exclusive license to reproduce the Images, or any portion thereof, for noncommercial use. Nothing contained in this Section 27 will be construed to prevent the City from using the Images, or any reproduction thereof, without fee, for noncommercial, promotional, historical, or other City purposes, as defined in Section 27.1.2. If the City receives a fee for any non-commercial uses, Contractor is entitled to receive 50% of net proceeds and the City will retain the other 50% of net proceeds. City’s non-exclusive license interest for non- commercial use of the mages, or any part thereof, extends for the duration of Contractor’s copyright, or 100 years, whichever is longer.
28. Adaptations. Contractor acknowledges and agrees that the rights and license granted to City under this Agreement include City’s rights: (a) to use and reproduce Images in DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 digital form of display on the City’s website on the World Wide Web portion of the Internet for non-commercial use commencing upon Contractor’s delivery of the Images to the City; (b) to modify, edit, excerpt, combine with other materials (including, but not limited to, in combination or conjunction with Contractor’s name or any other name, or no name), include in collective works, and create derivative works of the Images in whole or in part (collectively, "Adapt," "Adapted," and "Adaptation" have correlative meanings).
City will own and retain all right, title, and interest in and to resulting work product created using any Adaptations of the Images made by the City, or by any third party for the benefit of City, subject to Contractor’s rights as specified in this Agreement; provided, however, Contractor shall maintain all rights, title, and interest in and to the Images.
29. Standard of Care. Contractor agrees to provide all Services, including services performed by any subcontractor, in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing in the same locality under similar conditions.
30. Contractor’s Name, Image, Likeness and Biographical and Professional Information. Contractor grants to City the right to use Contractor’s name, image, likeness, and preapproved biographical and professional information, including information Contractor provides to City, and any other information about Contractor that is publicly available or provided by Contractor from time to time in connection with the Concert Series, Images, and any Adaptations of the Images, including to advertise and promote the same or any good or service that features or includes the use or reproduction of the Images, or Adaptations, in whole or in part, as provided by Contractor unmodified or as Adapted. Contractor’s name, image, likeness, or biography shall not be used in conjunction with any commercial tie-ins or as a product endorsement, without separate, prior, express written consent by Contractor.
31. Transfer of All Physical Ownership Rights. Contractor hereby expressly transfers and conveys to the City, upon payment of the fee in full as set forth in Exhibit B, Budget, any rights Contractor may have to physical ownership in the Images. All rights and benefits of physical ownership of the Images belong to the City, except as specifically provided in Section 27, License Rights to Images. The transfer of title to the Images must be free from any and all claims, liens or charges by any person or entity, including any employee, contractor, supplier or consultant.
32. Subcontractors.
If Contractor proposes to have any subcontractor perform any part of the Services, Contractor must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subcontractor, and the total price or hourly rates used in preparing an estimated cost for the subcontractor’s services. The City, in its sole discretion, may grant or deny the request.
32.1 By executing this Agreement, Contractor understands and agrees that its subcontractors, including artists and consultants, hired by Contractor to DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 perform services under this Agreement shall be bound by the terms of this Agreement. Contractor will be responsible for the quality of any subcontractor’s work. Every agreement of any kind entered into between a contractor, including artists or subcontractors, must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 4820 entered into between the City of Santa Monica and Contractor on .
33. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
34. Venue and Jurisdiction. The City and Contractor agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
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DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 9/14/2021
35. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
36. Exhibits. The following exhibits are incorporated by reference into this Contract as though fully set forth herein.
Exhibit A 1. Scope of Services
2. Outdoor Music Concert Series 2021 Event Production Request for Proposal (“RFP”) and
3. Contractor’s Proposal
Exhibit B Budget
Exhibit C Insurance Requirements
Exhibit D City’s COVID-19 Vaccination Policy
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
MCCABE’S GUITAR SHOP
#VENDOR
By: ________________________________
Walt McGraw
Vice President
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 Interim City Attorney
9/1/2021
George S. Cardona
9/8/2021
Interim City Manager
9/14/2021
Denise Anderson-Warren John Jalili
City Clerk
9/14/2021
Exhibit A
Scope of Services
With the exception that parties mutually agreed to modify the dates for when each concert of the Concert Series will be held during first one-year term of this Agreement, as specified below and that City agrees that Contractor will not be required to deliver a video recording, Contractor will perform all the services described in the City’s Outdoor Music Concert Series 2021 Event Production Request for Proposal (“RFP”) that the City issued on June 25, 2021 and proposal that Contractor submitted to the City in response to the RFP, which documents are attached hereto and incorporated by reference.
Event Details
McCabe’s Presents “Americana In the Park” will take place the Sundays listed below in September and October from 3:00 pm to 6:00 pm at Gandara Park located at 1819 Stewart St, Santa Monica, CA 90404. McCabe’s will begin setting up the stage after 12:00 p.m. and shall break down the stage by 8:00 p.m. after each concert performance.
Unless the parties mutually agree to modify the scheduled dates for the concerts in writing, the concerts for the first one-year term will take place on the following dates:
Sunday, September 19, 2021
Sunday, September 26, 2021
Sunday, October 3, 2021
Sunday, October 10, 2021
Attached to this Exhibit A:
1. Outdoor Music Concert Series 2021 Event Production Request for Proposal
2. Contractor’s Proposal
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 City of Santa Monica
Outdoor Music Concert Series 2021 Event Production
Request for Proposal
Concert Series Overview:
The City wishes to engage a Santa Monica-based concert producer to both develop and implement a free, family-friendly concert series in one or more of the City’s parks in fall 2021.
The impetus for this RFP is the community’s desire to bring back Jazz on the Lawn, which was historically a City-produced event, that ran for 14 years, and consisted of Sunday evening concerts in August; first in front of City Hall, then at Gandara Park. As a result of City restructuring and staff reductions, Cultural Affairs is now shifting to an events model that provides funding and technical support to outside producers, rather than producing in-house.
This will be a pilot of the City’s Art of Recovery program and will inform how the City expands support to Santa Monica-based individuals and organizations to produce events in the years to come.
Art of Recovery Events Expansion:
The Art of Recovery grant initiative has been a successful part of the City of Santa Monica’s Economic Recovery Task Force by responding to the pandemic with artist-driven projects focused on three recovery priorities that align with the multiple crises we face:
● Economic recovery
● Community connectedness & restorative justice
● Public health & safety
Cultural Affairs is now expanding Art of Recovery to include an events focus that will significantly contribute to the City’s reopening and vibrancy. This new events model will act as a stimulus that will enable organizations, BIDs, artists, and community members to create a varied and extensive range of events throughout Santa Monica. The program is intended to help the City develop an approach to supporting events that is responsive to and engages with different communities, and allows for variances in the timing, scale, priorities, and approach of events. Cultural Affairs’ goal is to use this concert series as a pilot for how it might re-envision supporting City events in a more sustainable manner. This approach also provides additional funding opportunities to local artists and arts organizations who have been disproportionally impacted due to the pandemic.
Scope of Work:
Event Production
● Develop a fall concert series, including name, branding and featured musical genres. ● Produce three to four free concerts in total, in one or more City Parks* on Saturdays or Sundays between September and December 2021, featuring a different musical group for each concert. (*Since the Jazz on the Lawn series was presented in Gandara Park for the last 8 years, the familiarity of the space and requirements are known. Based on this past experience, holding the concerts at Gandara Park could help expedite the overall event timeline, but this is not a requirement.) ● Oversee all matters relating to the production and implementation of the concert series, including relevant community outreach, small business outreach, overall logistics and marketing.
● Curate a series of musical acts based on artistic quality, accessibility for a broad audience, family-friendly, and their ability to engage with audiences (energetic, fun, interactive).
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 Outdoor Music Concert Series 2021 Event Production: Request for Proposal
Scope of Work: Event Production (continued)
● Use an innovative/creative approach to create high quality, interactive, and engaging family-friendly programming. All programming will be coordinated closely with relevant city staff and will fall within the existing budget parameters of the event. ● Band criteria: Southern California-based, professional musicians who earn income from their music practice.
● Music guidelines: accessible for a larger audience
o family-friendly, upbeat, fun and energetic
o encourages audience engagement/dancing
● Make sure the location is accessible by public transportation, close to affordable and available parking, and allows for people with different abilities to participate. ● If necessary, make arrangements with nearby parking lots for attendee access during the concert.
● In collaboration with City staff, coordinate and schedule planning meetings with Santa Monica city agencies (police, fire, transportation, sanitation, etc.) with regards to necessary day-of services. Attend all planning meetings with relevant city agencies. ● Arrange for security and parking attendants as needed. ● Create a timeline for the event that will set deadlines for both city departments and for producer and subcontractors.
● Manage all physical production components of the event by supervising, coordinating, and working in tandem with City agencies on the following: necessary rentals, event supplies, set up and breakdown, security and crowd control, insurance from participating partners, and permits.
● Manage the event budget within the City’s parameters. ● Secure, manage and pay event staff and all independent contractors and artists. Provide oversight of day-of staffing and any volunteers.
● Carry necessary insurance for the event (see below for requirements). ● Determine layout; create site plans, and identify infrastructure, signage and staffing needs.
● Create protocol materials for day-of staff and train personnel on information and general event needs.
● Recruit and manage volunteers for the event, if necessary. ● Access to nearby restaurants or food trucks is encouraged. ● Ensure restrooms are available and accessible.
● Provide an event information booth or table.
Publicity & Marketing
● Develop branding and collateral, including a new title for the series. ● Develop a marketing and communications plan that might include print and distribution of signage, banners, paid advertising, earned media, promotional postcards and notifications, and any other printed or digital outreach materials. ● Lead the marketing efforts for the concert series. Work in coordination and with the support of the City to ensure press access, social media and digital platforms, communications, and marketing functions are all successfully fulfilled. ● All outreach materials must incorporate the City logo and follow the City’s design guidelines.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 Outdoor Music Concert Series 2021 Event Production: Request for Proposal
Reporting
● In collaboration with the City, provide video and photographic documentation of the series.
● Provide a final written financial and event attendance report including, but not limited to,, metrics for the event, event attendance, social media impacts, and press coverage.
The City’s Role & What it Will Provide:
● Cultural Affairs staff will provide technical support and help the producer navigate the City’s process for events.
● Support from an outside consultant on outdoor event production issues, if necessary. ● Cultural Affairs staff will help promote the series on its website and Facebook page. ● Some sharing of the series will also be done through the City’s other social channels and outlets.
● Event permit fees will be waived.
Selection Criteria for this RFP:
● The quality of the services offered.
● The ability, capacity, and skill of the applicant to perform the contract or provide the materials or services.
● The capacity of the applicant to perform the contract or provide the service promptly, within the time specified, and without delay or interference. ● The character, integrity, reputation, judgment, training, experience, and efficiency of the applicant.
● The submitted budget’s feasibility.
● Ability to collaborate with City staff and event production consultant team. ● Prior experience producing concerts/events.
Please submit a proposal that addresses the following:
● Describe your curatorial approach to this series, including how you will select the musicians and the musical genres you plan to include.
● A brief description of your production team, their role in the project and how you would manage this series.
● Examples of past experiences producing outdoor events, if applicable. ● A timeline including: curating, contracting with artists, production goals, marketing and PR.
● A sample budget using the total of $50,000 available to you for your work on the series.
Please make sure to include a line item for the insurance you will need to carry for the series (see the requirements noted below.)
● A brief description of the marketing strategies you would use. ● Your proposal should be no more than five pages of narrative.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 Outdoor Music Concert Series 2021 Event Production: Request for Proposal
Proposal Timeline:
● Request for proposals issued June 25
● Email questions to [email protected] by July 1
● Answers to questions emailed by July 7
● Proposals due by email by 5:00 pm on July 14
● Selected candidate notified week of July 19
Proposals should be emailed to [email protected] no later than 5:00pm on Wednesday, July 14, 2021
Required Documents & Insurance (see the following attached examples) The selected candidate will be required to obtain and submit the following:
● A Contractual Services Agreement with the City of Santa Monica ● An Oaks Initiative Disclosure Form.
● A Living Wage Requirement. Any agreement issued as a result of this Request for Proposal may be subject to the City’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (LWO), and its implementing regulations. ● Insurance that, at a minimum, meets the requirements for insurance set forth in the City’s Contractual Services Agreement, Exhibit C, Insurance Requirements and Verifications which includes the following:
o Insurance against claims for injuries to persons (Workers Compensation) for your staff, any subcontractors you hire, and contracted artists o Auto insurance
o General liability insurance
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 McCabe’s Presents “Americana In The Park” Event Proposal 1 Proposal for City of Santa Monica Outdoor Music Concert Series 2021 McCabe’s Presents “Americana In The Park”
About McCabe’s
McCabe’s Guitar Shop has been serving the Santa Monica community for over 60 years. Since 1969, we have presented live music including all ages and family-friendly programming. We have a history of presenting outdoor community programming at Lincoln Park, Clover Park, as well as in Topanga.
McCabe’s has a long history of producing quality concerts for Santa Monica residents and beyond. We are known internationally for our fine selection of instruments, talented teachers, top-notch repair shop, and our world-famous concert series that has hosted incredible, local talent such as Beck & Jackson Browne for over 50 years.
Event Description
Americana music is as much history as it is art form. McCabe’s will take audience members on a journey, exploring American music from its roots to its modern forms by showcasing folk, country, bluegrass, blues, jazz, and the African and Latin American music styles that inspired them.
“Americana In The Park” will serve as a way to bring together and celebrate the diverse and wonderful Santa Monica and Los Angeles Communities while helping to encourage economic recovery. All artists, contractors, and employees will belong to Santa Monica or greater Southern California area in an effort to raise up the community and its residents while using McCabe’s reputation and notoriety to also attract the attention of tourists.
The event will remain at its previous location at Gandara Park in order to maintain consistency with the former “Jazz on The Lawn” Concert Series attendees as well as encourage economic growth in the Eastern Park of Santa Monica that McCabe’s has called home for over 60 years.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 McCabe’s Presents “Americana In The Park” Event Proposal 2 Event Details
McCabe’s Presents “Americana In The Park” will take place Sundays in September from 4:00 pm to 7:00 pm at Gandara Park located at 1819 Stewart St, Santa Monica, CA 90404.
The event will take place on the following dates:
Sunday, Sept 5th
Sunday, September 12th
Sunday September 19th
Sunday September 26th
Equipment Needs
Stage
1- Stage 20 wide x 16 deep x 2 high 1- Step unit
3- Guard Rail - 3 sides
1- Skirt - 3 sides
2- Speaker wing
Sound System
1- Digital FOH Mixer
1- Digital MON Mixer
8- Monitor Speakers
1- Cable lot - All interface cables
1- Snake system
1- Distro System
1- Concert microphone kit
Other
Strike/Work lights
Table for Information booth
Chairs for Information Booth
Tent to cover Information Booth
Staffing Needs
Employees:
Manager/ Emcee (Concert Director Kora Peterson)
Booth Attendant (2)
Parking Attendant (2)
Sound Engineer (2)
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 McCabe’s Presents “Americana In The Park” Event Proposal 3 Scope of Work
Once our proposal is approved, the first step is to immediately book local talent, paying specific attention to the 1st concert in our series. To keep it simple I will pick two musical acts, one for kids and one for adults. With shows later in the series, I would like to introduce either a dance lesson, music lesson, or art activity for kids and adults into the pre-concert festivities.
Our insurance company will be contacted to make sure that all added members (including the City of Santa Monica, employee vehicles, and the contracted Sound company) can be added to the policy in time for the event. Our Staff and Sound Company will need to be confirmed for all dates.
While confirming talent, the next step is to work on branding to create an approved logo and marketing campaign for the joint venture. Once that is completed, we can start sending out information to our audience about the Concert Series.
As the line-up solidifies, we can release more information and also bring in the artists’ promotional teams to help widen our market. Separate events will be made for each concert with an RSVP option to help gauge the level of interest so we can anticipate attendance and whether or not additional parking lots will need to be rented or staff hired.
Food trucks will be contacted to determine availability and whether or not deposits will need to be sent. Contracts will need to be issued and approved for all talent.
Flyers and posters will be made to have on hand at the store and distributed to local hotels and businesses. Weekly newsletters will be sent out as well as social media posts to help remind people of the event.
Once each event is completed, attendance and interest will be monitored and surveys will be sent out through our newsletter measuring attendee satisfaction. Final reports covering costs, attendance, and social media impacts and press engagement will be completed.
Day of Show Timeline
2:00 pm – Arrive at Park
4:00 pm – Children’s Music opener/ Family-friendly Activities 5:00 pm – Band
7:00 pm – Set finish
7:10 pm – Breakdown Stage
8:30 pm – Leave Park
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 McCabe’s Presents “Americana In The Park” Event Proposal 4 Budget
Budget goal per concert: $12,500
Stage - $1,600
Sound System - $2,500
Stage/ Sound Transportation - $400
Generator - $1,000
Artist Fees - $2,500
Parking Lot Rental - $400
Waste Management - $1,250
Insurance - $200
On-site Staff: $800
Planning Staff - $550
Staff & Talent Hospitality - $150
Food Truck Deposits - $1,000
Flyers & Posters - $50
Advertising - $100
Total Estimated Budget per Show: $12,500
Marketing and Publicity
McCabe’s Guitar Shop has a mailing list that is distributed weekly to over 13, 500 subscribers that are primarily Los Angeles based and are all passionate live music attendees. Our subscriber interaction rate is more than double the industry average. We are also active on Facebook and Instagram which we have successfully used to promote our own in-house concerts. We also promote on our website and in the store using physical flyers and posters.
We have had a lot of success listing our events on Eventbrite, LA Parent, Red Tricycle, etc. and have been repeatedly listed as the LA Times Music Pick of the Week as well as in the Santa Monica Daily Press. We have consistently maintained our position as Most Loved Venue in the Argonaut.
We will use all our marketing tools to help promote our “Americana In The Park” Concert Series including our weekly newsletter, social media outlets, having posters and flyers at our physical location, and engaging with local papers and media for additional support. The folk community is very supportive, so we can also rely on common-interest groups such as FolkWorks, Far-West, Topanga Banjo Fiddle Contest, the Souther California Bluegrass Association, the Los Angeles Independent Venue Coalition, and NIVA-CA (National Independent Venue Coalition California) to help promote and support our event. McCabe’s also has partnerships with two hotels in the DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 McCabe’s Presents “Americana In The Park” Event Proposal 5 immediate area who will be able to help promote the concerts for families and music lovers visiting the area in September.
We do all of our graphics in-house so any poster design can be done with our own design team in collaboration with the City of Santa Monica.
Final Thoughts
McCabe’s has been a member of the Santa Monica community for over 60 years. In 2018, we were even awarded our own day by the City of Santa Monica. We have not only served the community with music, but we have given the community a place to call their own, to create their own bonds and memories. Our children’s concerts and lessons have raised music and community-minded adults who now bring their own children to our store. Our all ages concerts have allowed families to enjoy the best in World, Folk, Americana, Bluegrass and Rock music together for over 50 years. Our name is one that the community trusts to bring them quality and enjoyable events and a partnership with the City of Santa Monica would only help to solidify our unwavering adherence to good quality programming.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 Exhibit B
Budget
Payment Schedule for the First One-Year Term
The total budget for the first one-year term of the Agreement is not-to-exceed $50,000.
Within 30 days from the City’s receipt of Contractor’s complete invoice, the City will compensate Contractor 75 percent of the Agreement amount for the first one-year term.
Upon Contractor’s completion of the last concert of the Concert Series scheduled for the first one-year term, and within 30 days from the City’s receipt of Contractor’s complete invoice, the City will compensate Contractor the final 25 percent of the Agreement amount for the first one-year term.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
If the Contractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.
c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 1 COVID-19 VACCINATION POLICY
1. Purpose
The purpose of this policy is to provide City employees with a safe work environment and to protect the health and safety of both City employees and the public we serve, during the ongoing local emergency occasioned by the threat to public health and safety posed by COVID-19. To achieve that purpose, the City is requiring that City employees, volunteers (including interns or externs), members of City Boards, Commissions, and Task Forces, and certain contractors be vaccinated for COVID-19.
2. Preamble
The City Manager first declared a state of local emergency on March 13, 2020.
Since then, the City Council has ratified the declaration of a local emergency on multiple occasions, the most recent of which was July 13, 2021.
In addition, the states of emergency declared at the county, state, and national level because of COVID-19 all remain in place.
Over the course of the emergency, the Los Angeles County Department of Public Health has issued a series of health orders imposing risk reduction measures to address the COVID-19 emergency. The most recent, issued August 16, 2021, recognizes, among other things:
Since June 15, 2021, when many restrictions imposed by the state and County were lifted, “community transmission of COVID-19 in Los Angeles County has rapidly increased from Low to High.”
COVID-19 daily cases are now increasing; on August 13, 2021 alone, Los Angeles County reported 3,810 new cases. As of August 6, 2021, Los Angeles County is also reporting a 7-day daily average case rate of 29.1 cases per 100,000 people, without a 7-day lag. The test positivity rate and number of hospitalizations have also dramatically increased. This indicates a continued and high risk of COVID-19 infection for the unvaccinated. This also means that community transmission of COVID-19 Exhibit D DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 2 within Los Angeles County is highly likely to increase during the coming days and weeks.
Currently, the Delta variant is predominant in Los Angeles County. The Delta variant is two times more contagious than earlier COVID-19 variants and continues to lead to increased infections.
At this time, the current COVID-19 vaccines (the Moderna two-dose and Johnson & Johnson single-dose vaccines approved under the Food and Drug Administration’s (“FDA”) Emergency Use Authorization (“EUA”) approval process and the Pfizer BioNTech two-dose vaccine approved under the FDA’s Biologics License Application (i.e., general use) (“BLA”) approval process) are effective at helping to reduce the risk of getting and spreading the infection and also of getting seriously ill, even if a fully vaccinated person gets COVID-19, and even against the current variants of the virus that causes COVID-19. Although no vaccine is 100% effective at preventing illness in vaccinated people, the currently authorized COVID-19 vaccines remain the best form of protection against COVID-19.
On August 12, 2021, the Los Angeles County Department of Public Health issued a health order requiring vaccination of health case workers. This order recognizes, among other things:
The spread of COVID-19 remains a substantial danger to the public. The Delta variant has become the dominant strain of COVID-19 virus in the County and is much more contagious that previous strains of COVID-19. Vaccination against COVID-19 is the most effective means of preventing infection with the COVID-19 virus, with the risk of infection reduced by 70% to 95%. Vaccination also appears to reduce the chance of transmission by an infected vaccinated person by 40% to 60%.
Unvaccinated persons are more likely to get infected and spread the virus.
Over 90% of current hospitalizations and deaths are among unvaccinated persons.
Since July 30, 2021, COVID-19 cases and hospitalizations in Los Angeles County have continued to increase. For a recent reporting period, the weekly case average was 3,455 (a 58.6% increase over the last reporting period) and the number of hospitalizations was 1,503 (a 68.6% increase).
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 3 In response to the continuing rapid increase in COVID-19 transmission, including that due to the Delta variant, many public employers have adopted mandatory vaccination policies. Among the local public employers implementing such policies are: Los Angeles County, which requires all County employees to be vaccinated by October 1, 2021; the University of California and the California State University systems, both of which require all employees and students to be fully vaccinated; and the City of Pasadena, which is requiring all city employees to be fully vaccinated by no later than September 17, 2021. Furthermore, on August 12, 2021, the Los Angeles County Department of Public Health issued an order requiring health care workers, including doctors and medical assistants, dentists and dental assistants, pharmacists, EMTS, EMT-paramedics, and home health aides to be fully vaccinated by September 30, 2021.
A continued increase in the vaccination rate is paramount to stem the continuing rapid increase in COVID-19 transmission. Currently authorized vaccines have proven effective at preventing severe outcomes from the virus causing COVID-19, including the Delta variant. COVID-19 vaccines are free, safe, and widely available. Getting vaccinated is one of the most important ways to help stop COVID-19 spread.
Currently, approximately 88% of Santa Monicans 12-17 years of age and 81% of Santa Monicans 16 years of age or older are vaccinated. The percentage of City employees who are vaccinated falls well below this, with only approximately 60% of employees having self-reported vaccination, and only approximately 36% having submitted documentation of vaccination.
3. Vaccination Requirement
To ensure that the City fulfills its primary function of protecting the health and safety of the Santa Monica community, while also meeting its obligation to provide a safe and healthy workplace for employees, all Covered Persons must: (a) receive at least one dose of a COVID-19 vaccine, or request an exemption, no later than September 17, 2021; and (b) in the absence of an exemption, be fully vaccinated for COVID-19 by no later than October 29, 2021.
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DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 4 4.Reporting Vaccination Stat us and Documentation
a) All Covered Persons must report their vaccination status no later than 5:00 p.m. on September 17, 2021. Covered persons must use the process and form designated by the City for this purpose, and include supporting documentation proving their vaccination status. Covered Persons will certify that they are:
i. Fully vaccinated for COVID-19 (no request for exemption required) ii. Partially vaccinated for COVID-19 (no request for exemption required) iii. Unvaccinated for COVID-19 (request an exemption due to medical/disability or sincerely held religious belief, practice, or observance) Covered Persons will certify that the information they provide regarding vaccination status is true and accurate.
b) All Covered Persons who certified that they were partially vaccinated for COVID-19 as of September 17, 2021, must certify that they are fully vaccinated for COVID-19 by no later than 5:00 pm on October 29, 2021. c) All Covered Persons who requested but were denied an exemption, must certify that they are fully vaccinated for COVID-19 by no later than 5:00 pm on October 29, 2021, or such later date as may be specified in the denial of the exemption..
d) Covered Persons are required to provide the City with proof of vaccination status within the relevant time frames set forth above. Proof of vaccination status may include any of the following documents:
i. A screen shot of the digital vaccination record, which is available free and instantly from the state of California, https://
myvaccinerecord.cdph.ca.gov/
ii. A photo of the CDC COVID-19 vaccination record card iii. Documentation by the employee's Health Care provider
5. Requests for Exemptions
The City will review requests for medical/disability and religious exemptions on a case -by-case basis consistent with procedures for reasonable accommodation requests.
a) Medical/Disability Exemption: Covered Persons with a medical condition, disability, or other medical restriction that affects their ability to safely receive a DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 5 COVID-19 vaccine, as verified by their Health Care provider, may request a reasonable accommodation to be exempted from this vaccination requirement.
Requests for medical/disability exemption must be submitted to the Human Resources Department using a process and form designated by the City no later than September 17, 2021 at 5:00 p.m. Covered Persons requesting a medical/disability exemption will be required to obtain a completed Certification from their Health Care Provider on a form to be provided by the City.
b) Requests for Religious Exemption: Covered Persons with a sincerely held religious belief, practice, or observance that prohibits them from receiving a vaccine may request a reasonable accommodation to be exempted from this vaccination requirement.
Requests for religious exemption must be submitted to the Human Resources Department using a process and form designated by the City no later than 5:00 p.m. on September 17, 2021. If the City possesses an objective basis for questioning the nature or sincerity of the religious belief, practice, or observance, the City may request that the Covered Person produce additional information to support their request for exemption.
6. Confidentiality of Vaccination Status and Records
The City will maintain the confidentiality of documentation and information regarding a Covered Person’s vaccination status and any request for exemption. The City will limit access to such documentation and information to those employed or retained by the City, such as the City’s Human Resources staff and individual employees’ immediate supervisors, with a need to know as provided by the American with Disabilities Act, the Confidentiality of Medical Information Act, California Civil Code section 56.20 (c), and other applicable local, state, or federal laws. ///
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DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 6 7. Definitions
a) “Covered Persons”: Covered Persons are all City employees and volunteers (including interns or externs); all members of City Boards, Commissions, and Task Forces; and all contractors with whom the City, after the effective date of this policy, enters into contracts that will require them to visit or work in City facilities or interact with City residents or employees, b) COVID-19 Vaccine: A COVID-19 vaccine satisfies the requirement of this policy if the FDA has approved the vaccine’s use under either the EUA or BLA approval processes. Vaccines that currently meet this requirement include Moderna or Pfizer BioNTech (two-dose COVID-19 vaccine series) and Johnson & Johnson/Janssen (a single-dose COVID-19 vaccine). c) "Fully Vaccinated": A Covered Person is fully vaccinated if 14 days or more have passed from the date the Covered Person received the final dose of a two-dose COVID-19 vaccine series (Moderna or Pfizer BioNTech) or a single-dose COVID-19 vaccine (Johnson & Johnson/Janssen). This definition may be expanded should booster shots for the COVID-19 vaccines be required in accordance with guidance provided by the U.S. Centers for Disease Control (CDC), FDA, California Department of Public Health, or Los Angeles County Department of Public Health.
d) "Partially Vaccinated": A Covered Person is partially vaccinated if they have received at least one dose of a COVID-19 vaccine but do not meet the definition of fully vaccinated.
e) "Unvaccinated": A Covered Person is unvaccinated if they have not received any doses of COVID-19 vaccine or if their vaccination status is unknown.
_________________________________________ _____________________ John Jalili Date
Interim City Manager
8-23-21
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489