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HomeMy WebLinkAboutAGENDA REPORT 2023 0201 CCSA REG ITEM 10DCITY OF MOORPARK, CALIFORNIA City Council Meeting of February 1, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. D. Consider Agreement with Moorpark Foundation for the Arts for Arts and Culture Event Services. Staff Recommendation: Approve Agreement with Moorpark Foundation for the Arts for arts and culture event services for an amount not-to- exceed $25,000 annually, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager to sign the Agreement, subject to final language approval of the City Manager. (Staff: Jeremy Laurentowski, Parks and Recreation Director) Item: 10.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Chris Ball, Senior Management Analyst DATE: 02/01/2023 Regular Meeting SUBJECT: Consider Agreement with Moorpark Foundation for the Arts for Arts and Culture Event Services SUMMARY The City Council is being asked to consider awarding an Agreement to Moorpark Foundation for the Arts for the planning, promotion and production of arts and culture events for the Moorpark community, including an annual community talent show and an annual multicultural arts festival. BACKGROUND In October of 2005 the City Council adopted City Ordinance No. 321, which formally established the Art In Public Places (AIPP) program. This program requires certain residential, commercial, and industrial development projects to either install public artwork or pay an in-lieu fee. The in-lieu fee is established by City Council resolution and is currently set at one percent of the project valuation. Ordinance No. 321 also established the AIPP Fund (Fund 2007) to collect and maintain these in-lieu fees for use exclusively for the AIPP program. AIPP Funds are designated for the installation and maintenance of fixed public artworks as well as the support of cultural programming for the enjoyment and appreciation of art, heritage and culture within the Moorpark community. AIPP activities fall under the oversight of the City’s Parks, Recreation and Community Services Department (PRCS). Arts-related activities have included the installation of six public art installations throughout the community as well as organizing and presenting community events including an annual talent show (Moorpark Has Talent), and the Moorpark Multicultural Arts Festival (Arts Festival). Item: 10.D. 195 Honorable City Council 02/01/2023 Regular Meeting Page 2 The Moorpark Has Talent event allows members of the Moorpark community to showcase their talents on stage and compete for cash prizes. Historically performers have been selected through open auditions judged by qualified community members, and winners determined by the audience on the night of the event. A provision of the Operating Agreement with the Moorpark Foundation for the Arts (Foundation) requires the Foundation to providing funding for the cash prizes. This popular annual event has been produced by PRCS staff in collaboration with the High Street Arts Center since 2010, with the 2020 and 2021 events suspended due to the COVID-19 pandemic. The origins of the City’s Arts Festival pre-date available records, however it is certain that the event was established well before the City’s incorporation in 1983, possibly as early as 1930. Over the years the event has experienced variable success and been organized by various organizations. In the early 2000’s, local volunteer organizations coordinated the event. In 2007 the City assumed responsibility for coordinating and promoting the event. The Arts Festival included art exhibitions, craft fairs, interactive art activities, food booths and live performances. The event was discontinued in 2016 for a variety of reasons including low attendance and declining interest from local artists. In 2018, at the direction of the City Council, the event was re-envisioned and brought back with limited success as a multicultural event featuring events and activities that showcased various cultural elements of the community. The event was suspended in 2020 due to the COVID-19 pandemic. In recognition of the challenges the City experienced implementing and growing the Arts Festival event, the Moorpark City Council included among its goals for 2021-2023 Goal 4.3: “Seek community partner(s) to reinvent and rename the 2021/2022 Multicultural Arts Festival on High Street.” The event, however, remained suspended for the 2021/22 season due to the ongoing pandemic. The concept of partnering with a community organization in the implementation of arts and culture activities for the community is supported by the findings of the City’s Arts Master Plan. The Arts Master Plan, adopted in October of 2021, resulted from a robust outreach campaign to assess the community’s interests regarding public art. The objectives and recommendations it contains offer a blueprint for aligning the City’s priorities with those of the community, based on current best practices in the public art field. One of the recommendations is to strengthen cooperation and leadership among the arts in Moorpark in part by engaging a community organization to present and promote arts and cultural activities and initiatives. With this background and direction in mind, staff developed and released a Request for Proposals (RFP) seeking an organization to take the lead in planning and producing arts and culture events for the Moorpark community. The scope of services in the RFP specifically required annual talent show and arts festival events, however it was noted that with initial success of these events the City would be interested in expanding the number and variety of arts and culture events produced by the selected contractor for the enjoyment and enrichment of the Moorpark community. It was also noted that the Moorpark City Council established equity and inclusion as overarching priorities for City initiatives, and that the selected contractor would be expected to support this goal by 196 Honorable City Council 02/01/2023 Regular Meeting Page 3 making equity and inclusion an integral part of all event planning and implementation activities. DISCUSSION The RFP for arts and culture event services was originally released in August 2022. In keeping with the recommendation of the Arts Master Plan, the RFP specifically requested proposals from qualified nonprofit organizations, however no fully-responsive proposals were received before the September deadline. Staff therefore revised the terms to allow proposals from any qualified organization and re-issued the RFP in early October. Three proposals were received ahead of the November 10th submittal deadline. The submitting organizations were geographically diverse, with Atlantic Studios, Inc. headquartered in Florida, LEO Events LLC located in Tennessee and North Carolina, and Moorpark Foundation for the Arts (Foundation) located locally. The proposals were evaluated based on the criteria noted in the RFP which included qualifications and experience, thoroughness of response, approach to providing services, understanding of the scope of services, strength of examples of representative projects, and experience providing the desired services for Moorpark and/or the surrounding communities. Of the three proposing organizations, only the Foundation demonstrated knowledge of the local arts environment and experience producing events for the local community, which was noted as one of the primary evaluation criteria in the RFP. The Foundation was incorporated in 2009 as a 501(c)(3) nonprofit organization with the stated purpose to “support and promote the growth and enjoyment of the performing arts and visual arts in Moorpark and surrounding areas.” Through an agreement with the City, it has served as the operator of the High Street Arts Center since 2012 and has steadily built a successful community theatre and performing arts center operation, with popular musical theatre productions, music concerts and comedy events. For the last decade the Foundation has co-produced the annual Moorpark Has Talent event, taking over primary production responsibilities last year and guiding the event to its first sell-out ever. The Foundation also has connections to the artistic youth of Moorpark through its popular youth camps. Staff feels that the Foundation has the necessary qualifications, experience, and understanding of the local arts environment to successfully provide arts and culture event services for the Moorpark community. The Foundation is also identified in the Arts Master Plan as the organization best suited to help the City expand and strengthen the overall arts ecology in Moorpark. The scope of services in the proposed Agreement (attached) makes the Foundation responsible for all services required to successfully plan, promote and produce an annual community talent show and an annual community arts festival. The specific services required will vary by event, but generally include strategic planning, marketing and promotion, public information, sponsorships, contracting and permitting, event coordination, staffing, and event budgeting and accounting. The City will provide limited support on a case-by case basis, generally including marketing assistance, permitting assistance, and day-of event police and City Public Works support. Specific 197 Honorable City Council 02/01/2023 Regular Meeting Page 4 responsibilities will be mutually agreed upon by the City and the Foundation annually prior to the commencement of any event promotion and production activities. Compensation for services under the contract consist of an annual fee for event planning and management services. The Foundation’s proposal includes no annual fee for the talent show and an annual fee of $25,000 for the arts festival. The Foundation notes that they will manage the talent show for no cost as part of their community commitment. By comparison, Atlantic Studios Inc.’s proposed annual cost was $18,500 for the talent show and $26,500 for the arts festival, while LEO Events LLC’s proposed annual cost was $35,900 for the talent show and $39,400 for the arts festival. The annual fee is exclusive of direct costs, which will be reimbursed, less event-related revenues, following each event. Direct costs include event-specific costs directly associated with the event production, including such elements as talent and entertainment, attractions, facility and equipment rental, décor, security, sanitation, catering, permit fees, and event-specific advertising and print costs. Revenue generating elements such as sponsorships and vendor fees will be implemented as appropriate for each event and used to offset direct event production costs. A budget for each event will be approved by the City in advance and established during the City’s annual budget- setting process. All reimbursements will be subject to City review/audit and approval and limited to the established budget. Any net costs incurred by the Foundation in excess of the established event expenditure budget will be the responsibility of the Foundation. This arrangement is similar in nature to the reimbursements the City provides to the library operator, Library Systems & Services LLC, for library programming expenses. The Foundation is currently working with City staff to produce the 2023 Moorpark Has Talent event. Upon execution of the contract, the Foundation will formally take over all planning and production responsibilities for the event, which is scheduled for March 10, 2023. The Foundation will also commence development of a re-envisioned multicultural arts festival to be produced in the spring of 2024. The one-year lead time is necessary to give the Foundation ample opportunity to re-establish interest and awareness for the event, develop a fully realized multicultural festival experience, which may include concerts, art exhibits, food and drink offerings and vendor participation, and engage with the school district and Moorpark College for a truly community-wide event. The proposed Agreement provides an initial one-year term through June 30, 2024, with the option for two subsequent one-year extensions. Annual planning meetings will be held with the Foundation around the start of each calendar year to determine event budgets, evaluate plans and schedules, and establish performance goals, and staff will be included in event planning activities as necessary to monitor progress. The Foundation will also provide periodic updates to the City Council to highlight upcoming events and discuss event outcomes. Contract extensions would be based, in part, on the Foundations success in meeting the established performance goals for each event produced. As noted earlier, it is hoped that with success of the talent show and arts festival events the variety events produced under the Agreement could be expanded to provide a growing number of arts and cultural activities for the Moorpark community. 198 Honorable City Council 02/01/2023 Regular Meeting Page 5 ENVIRONMENTAL DETERMINATION The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The approval of the agreement meets the above criteria and is not subject to CEQA. No additional environmental review is required. FISCAL IMPACT Approval of the Agreement with the Foundation for arts and cultural event services would have no fiscal impact for Fiscal Year (FY) 2022/23. One thousand-two hundred dollars ($1,200) is currently budgeted in Fund 2007 for the 2023 talent show to cover direct production costs. In future years $25,000 would be budgeted in Fund 2007 to cover costs under the Agreement for arts festival planning and management services. Allocations to Fund 2007 for event-specific direct costs would be determined in consultation with the Foundation and brought to City Council for approval during the annual budget cycle process. Fund 2007 currently has a balance of approximately $4.5 million. COUNCIL GOAL COMPLIANCE This action is consistent with the following City Council Goals for 2021-2023: • Goal 4, Objective 4.2: “Complete Arts Master Plan, prepare policy recommendations, and seek community partner(s) to develop arts and cultural events.” • Goal 4, Objective 4.3: “Seek community partner(s) to reinvent and rename the 2021/2022 Multicultural Arts Festival on High Street.” STAFF RECOMMENDATION Approve Agreement with Moorpark Foundation for the Arts for arts and culture event services for an amount not-to-exceed $25,000 annually, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager. Attachment 1: Agreement 199 AGREEMENT BETWEEN THE CITY OF MOORPARK AND MOORPARK FOUNDATION FOR THE ARTS, FOR ARTS AND CULTURE EVENT SERVICES THIS AGREEMENT, made and effective as of ________________________, between the City of Moorpark, a municipal corporation (“City”) and Moorpark Foundation for the Arts, a California non-profit corporation under the IRS code 501(c)3 (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for arts and culture event planning, promotion and production services; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Contractor has submitted to City a Proposal dated November 8, 2022, which is attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the mutual covenants, benefits , and premises herein stated, the parties hereto agree as follows: 1.TERM The term of this Agreement shall be from the date of execution to June 30, 2024, unless this Agreement is terminated or suspended pursuant to this Agreement. Upon mutual consent of both parties, the term of this Agreement may be extended for two (2) additional one (1) year periods. 2.SCOPE OF SERVICES City does hereby retain Contractor, as an independent contractor, in a contractual capacity to provide arts and culture event planning, promotion and production services, as set forth in Exhibit B: Contractor Proposal and Exhibit C: Scope of Services. In the event there is a conflict between the provisions of Exhibit B, Exhibit C, and this Agreement, the language contained in this Agreement shall take precedence. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit B and Exhibit C. Compensation shall not exceed the rates or total contract value of twenty-five thousand dollars ($25,000.00) annually, based upon events produced, as stated in Exhibit B, without a written amendment to the Agreement executed by both parties. Reimbursement of direct costs, as described in Exhibit C, are exclusive of the compensation rates and shall not be considered in the calculation of the total contract value. Payment by City to Contractor shall be in accordance with the provisions of this Agreement. DR A F T ATTACHMENT 1 200 Moorpark Foundation for the Arts Page 2 of 13 3.PERFORMANCE Contractor shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks describe d herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4.MANAGEMENT The individual directly responsible for Contractor’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be Hugh Riley, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager’s designee. 5.PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before payments may be made to vendors. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B. This amount shall not exceed twenty-five thousand dollars ($25,000.00) annually, for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Reimbursement of direct costs, as described in Exhibit C, are exclusive of the compensation rates and shall not be considered in the calculation of the total contract value. Contractor shall not be compensated for additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to the Agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Contractor’s fees or expenses it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. DR A F T 201 Moorpark Foundation for the Arts Page 3 of 13 6.TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to this Agreement. 7.DEFAULT OF CONTRACTOR The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Contractor is in default in the performance of any of the terms or conditions of th is Agreement, designee shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remed y to which it may be entitled at law, in equity or under this Agreement. 8.LIQUIDATED DAMAGES There are no liquidated damages under this Agreement. 9.OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate DR A F T 202 Moorpark Foundation for the Arts Page 4 of 13 records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activi ties related to this Agreement. Notification of audit shall be provided at least thirty (30) days before an y such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10.INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, includ ing reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section. DR A F T 203 Moorpark Foundation for the Arts Page 5 of 13 City does not and shall not waive any rights that it may have against Contractor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11.INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12.INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compen sation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13.LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14.ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, DR A F T 204 Moorpark Foundation for the Arts Page 6 of 13 sexual orientation, or military and veteran statu s of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735]. 15.UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17.CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or sub contractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants a nd agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18.NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or DR A F T 205 Moorpark Foundation for the Arts Page 7 of 13 by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom int ended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: Hugh Riley, President Moorpark Foundation for the Arts 144 W. Los Angeles Ave., #106-289 Moorpark, CA 93021 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19.CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20.ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21.LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22.VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the in terpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California . The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. DR A F T 206 Moorpark Foundation for the Arts Page 8 of 13 23.COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24.ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 25.CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 26.AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 27.PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Contractor’s Proposal. 28.INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29.WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be bin ding unless executed in writing by the party making the waiver. DR A F T 207 Moorpark Foundation for the Arts Page 9 of 13 30.AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK Moorpark Foundation for the Arts __________________________________ __________________________________ Troy Brown, City Manager Hugh Riley, President/Chief Executive Officer Attest: __________________________________ Ky Spangler, City Clerk DR A F T 208 Moorpark Foundation for the Arts Page 10 of 13 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general lia bility policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlyi ng coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payabl e in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. DR A F T 209 Moorpark Foundation for the Arts Page 11 of 13 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A - or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and the City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with edition acceptable to the City. Contractor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right to subrogation prior to a loss. Contractor agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subco ntractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability o r reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at the City’s option. DR A F T 210 Moorpark Foundation for the Arts Page 12 of 13 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self- insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Contractor, provide the same minimum insurance required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time, the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any tim e during the term of the Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any t ype pursuant to this DR A F T 211 Moorpark Foundation for the Arts Page 13 of 13 Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specification s applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17.The provisions of any Workers’ Compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22.Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. DR A F T 212 HIGH'stREET II I. I I' I , C, I' I U I' I I I.:,. JO \ T II I. A 111 � ARTS CENTER November 8, 2022 Liz Smith, Purchasing Analyst City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 Ms. Smith, Building on our warm decade long relationship with the City of Moorpark, we welcome the opportunity to bring the experience and record of accomplishment we have shown in operating the High Street A1ts Center to event planning in the vibrant community we call home. Moorpark Foundation for the Arts [501 (c)3 -27-0319993) 144 W. Los Angeles Ave., #106-289, Moorpark, CA 93021 www. l--1 i gh S trcctA rtsCcn tcr. com We would provide all services required to successfully plan, promote, and produce, on an annual basis, the following touchstone community events: •An Arts Festival •A Talent Show The purpose of these events is to spark the imaginative spirit and enrich the lives of all Moorpark residents and visitors to the community, with a commitment to respect, equity, and inclusion. To fulfill this mission, we would follow the City's own stated goals of: •Engaging the community in a robust array of arts and cultural experiences that provide opportunities to connect and socialize, create and learn, and celebrate Moorpark. •Strengthen Moorpark's creative community of artists, a1ts organizations, and arts educators. •Harness the economic vitality generated by the aits for the benefit of all. Representing our foundation in all matters regarding this proposal and any subsequent contract award are: Hugh Riley, Foundation President 4804 Penrose Ave., Moorpark, CA 93021 (805)217-9448 I ridgcri lcy(C1J,111sn.com Ken Rayzor, High Street Arts Center General Manager 4224 Laurel Glen Dr., Moorpark, CA 93021 (805)750-1659 I kcnrayzor(aJ,gmail.com /10.-1/W _!_l[ /JI/Ir( TO)l� II ugh n. Riley JJre.<,idi>11t t\,;<,/ C11y r\lmwycr {Uetrrcd) Ci1y nf Mooi park IJr. Miclwel \1'. Morion \'icl' Pre!>Ufl'nt Clinirnl Audiolo9ic;1 C.ira Tcdri<.·I, Sl'("l'('((I/")' Tee1d1l'rlCooch Moorpark I IS l..1urcl M,Hion Trewmrer Audmlogist-lfrt1rcd Bernardo M. Pcrl'z \'t•11ttJ1"a County Com11u111il)1 Collegt• /)i_c;fricl Trustee Ken Rapor Gt•11crnl i\la11ager lf19h Stn•rt Arts Center K.it hee Boyer Ut•gisterecl Nurse \/a/It•}' Jlresb)'taion J lospil(// Sue Hearon Mal h Tc<1d1rr 1\lt•.-.a Verde i\liddlr Srlwol Megan R;1y1.or I li s1ory '/'(,ac/1er I.A Uwjierl Sclwof fJi.'i'lncl Nor.i Morris \\'c>lmwst<'r/Sociof ,\fecfici Senior ProJt•c/ As!>is1c1111 ZS AssnciC/le.c; P,11 rick Duffy Tecl1111rn/ De.c;iqner l'hos /Je.�igns �folissil l-loulih,111 I 1111drc11.-.mfJ Coordin c,tor Jligli )/f"('C'I Ans Ct•111cr J,1cl< Clc.ir}' J\.'i"<,I Cil'nl'rnf Alon"ger lliyli Stn•t•t Arts Ct>nler 45 East High Street• Moorpark, CA 93021 I 805-529-8700 I www.HighStreetArtsCenter.com Operated by the Moorpark Foundation for the Arts by agreement with the City of Moorpark DR A F T 213 MOORPAl�!<."S ""'-. . ' HISTORI f � \ I-IIGHSTREET \\'c amrrn ,,e ilre react: w fulfill the contrnctual obligations plan ancl produce nrts and culture C\ cnt sel'\ ices. and that ,1e do 111ai111ni11 the 111:l'dcd insurancl' requirements as dctaikd in Exhibit A or the Cit:·� RFP ror Arts and Culture E1<:111 Sen ice�. A� 11 c lrn,e in the pas1. 1, e l0L1k rornmd IL) 11Lirking close I: ,, ith Cit: stall local agencies. and official� during in :ill phase, of the planning rn1cl production of the nutlinccl e,cnts. -·-::;; -------�-�� H ug.h R i�__,?,.e,idt:11 1 ( 'E( J -. ..___.� ( 805) 2 I 7-9.+.+8 riclgeri Icy .</qns11.co111Ken Ra:1c1r C ,'enl'!'o! :\ Junoger (805)750-1659 kc111<1:LL'l''</g111ail.i..:u111-t5 East fl igh "itreet • M oorp,lrl(, ( A 910i.1 I 805-52.9-X700 I 1, H w.11 igh\t n''(•lArt �c i.•nter.comOperated by the Moorpark Foundation for the Arts by agreement with the City of Moorpa, k DR A F T 214 Cost Proposal The Foundation submits the following cost proposals for Planning and Management services for each of the events below: Annual fee for Talent Show ........................................... $0.00* Annual fee for Arts Festival .................................... $25,000.00 *Because the Foundation has always managed the Talent Show as part of its Community Commitment, it will continue to do so without charge. PROJECT STAFF AND CONSULTANTS Hugh Riley, President & City Liaison Ken Rayzor, GM & Events Director Jack Cleary, AGM & Events Manager Patrick Duffy, Technical Director Gwen Duffy, Event Planning Melissa Houlihan, Event Organizing Bernardo Perez, Sponsorship Director Nora Morris, Marketing & Webmaster Kathee Boyer, Graphic Design & Social-Media Laurel Marion, Treasurer Bruce Rokos, Advisor The list above is a mix of paid and unpaid staff. Breaking down hourly rates is not very helpful because, to be honest, the workloads for each will evolve. What is certain though, is that this will be a high profile, top priority event for both the City and the Foundation, receiving our full focus, energies, and talents. No travel expenses or other planning and management costs are envisioned or proposed. DR A F T 215 EXHIBIT C: SCOPE OF SERVICES DESCRIPTION OF SERVICES: Required services include the planning and production of an annual Talent Show and an annual Arts Festival for the Moorpark community, as more specifically described herein. The required planning and production services include, but are not limited to, event ideation, design, planning, scheduling, talent procurement and contracting, vendor recruitment and coordination, equipment procurement, staffing, event logistics and management, sponsorship and revenue management, marketing and budget management. Contractor will be required to work closely with City staff and local public safety officials during all phases of event planning and production. The Moorpark City Council has established equity and inclusion as overarching priorities for City initiatives. This is formalized in the City Council Goals and Objectives for 2021- 2023 with Goal #2: Practice Respect, Equity and Inclusion Citywide. Contractor is expected to support this goal by making equity and inclusion an integral part of all event planning and implementation activities. SCOPE OF WORK: Contractor is responsible for planning and producing two (2) annual public arts and culture events for the Moorpark community including: 1. A community Talent Show commencing in 2023 2. A community Arts Festival commencing no later than Spring of 2024 Contractor will provide all services required to successfully plan, promote and produce each desired event. Contractor must be able to establish and maintain effective working relationships with designated City staff and local public safety officials for the durati on of the contract. All events are to be available to the public. Events may be ticketed or non-ticketed (free- of-charge) as appropriate for the event, however it is expected that revenue -generation elements (sponsorships, vendor fees, admissions, donations, etc.) will be implemented for each event to offset direct event production costs to the greatest degree practicable. Additional events and/or activities may be proposed by the Contractor for consideration by the City, with fees to be negotiated. The specific services required for each event will be determined on a case-by-case basis and mutually agreed upon by the Contractor and City. For each desired event the Contractor will develop an Event Plan (see Strategic Planning below) for City review and approval. All event details and anticipated costs must be approved by the City in advance, DR A F T 216 prior to the commencement of any event promotion and production activities. In general, services to be provided for each event include, but are not limited to, the following (as applicable): Strategic Planning: Organize and conduct all event planning for the designated events including, but not limited to: A. Develop concept(s) for “re-inventing” the Moorpark Arts Festival to renew community interest, stimulate participation from the arts community and attract event attendees. Review concept(s) with City staff and appropriate committees (as determined by City), and if necessary, revise concept(s) based on feedback. B. Develop an Event Plan for each event outlining significant details including: o Event date(s), theme(s), locations, activities and attractions o Site requirements and technical requirements o Event production timelines o Promotional and marketing activities o Detailed cost estimate itemizing the following: ▪ All anticipated direct event production costs ▪ All planned revenue sources and estimated amounts Each Event Plan must be approved by the City in advance of any event promotion and production activities. C. Conduct season planning meetings at least annually with City staff to discuss Event Plans and schedules, evaluate event concepts, establish performance goals and objectives, discuss event costs and revenues, and identify City support required for each event. D. As appropriate, partner with local civic and interest groups, such as the Moorpark Chamber of Commerce, Moorpark College, Moorpark Unified School District, business leaders, and community members to foster diverse community involvement in each event. E. Schedule and facilitate event planning meetings with City staff and event stakeholders as necessary for event planning and implementation. F. Develop detailed event site maps showing performance and activity areas, booth locations, food vendors, temporary structures, restrooms and hand wash stations, trash and recycling facilities, staging areas and parking. G. Conduct debriefing sessions with City staff after each event to discuss positive points, negative issues and areas for improvement. H. Present to the Moorpark City Council and/or appropriate City commissions, on dates to be mutually agreed upon, to announce upcoming events and/or showcase past events. Event Coordination: Coordinate and manage all components of the designated events including, but not limited to: DR A F T 217 A. Solicit and organize artists, exhibitors and/or vendors for events, as needed. B. Book and coordinate all entertainment, talent, judges, and activities for events. C. Create and manage production timelines, event schedules, itineraries, and task lists. D. Coordinate event walk-throughs and rehearsals with key event support personnel and/or performers as necessary to ensure successful event implementation. E. Secure all event-related locations, including, but not limited to, performance venues, attraction sites, vendor and exhibitor locations, parking areas, staging areas, waste management and restroom areas. F. Coordinate with City and other agencies on event plans and approvals, including, but not limited to, public safety and solid waste management plans. G. Ensure that events comply with all applicable public safety and ADA access requirements. H. Coordinate with City Staff to secure street closures, as necessary. I. Provide notification to all businesses and residences affected by the events (i.e., street closure notifications). J. Supply all equipment, supplies and décor necessary for events (except equipment to be supplied by the City). K. Coordinate and manage event ticketing and patron access, including selective attractions (beer/wine garden, children’s rides, etc.), as necessary for proper event management. L. Prepare emcee scripts and instructions for specific events. M. Secure and coordinate prizes for contests and awards. N. Secure and coordinate event photographers, as needed. O. Secure and coordinate event catering, as needed. P. Secure and coordinate proper event sanitation equipment and services. Q. Secure and coordinate security services, as needed. R. Coordinate all pre-event site preparations and event set-up. S. Oversee run-of-show including day-of event logistics and overall event management. T. Coordinate event tear down, site cleanup and site restoration, as necessary. Event Marketing, Promotion and Public Information: Generate and manage all event marketing and promotion including, but not limited to: A. Develop marketing strategy and media campaigns for events. B. Coordinate with City on development of marketing materials, press releases and media campaigns to ensure consistent messaging across platforms and include copy points and/or City logos as deemed appropriate by City. C. Design, produce and distribute print materials (i.e., posters, flyers, etc,) to key outlets. D. Design and manage digital elements such as website, Instagram and other social media posting. DR A F T 218 E.Coordinate radio, print and other media advertising as necessary to market events to Moorpark and surrounding communities. F.Distribute press materials and calendar listings to key media outlets. G.Design, print and place all event signage. H.Design, print and distribute event programs, site maps, and other attendee informational materials during events, as appropriate. Contracting and Permitting: A.Negotiate, execute and manage all contracts necessary to secure venues, services and/or equipment for the successful implementation of events. B.Coordinate and submit all event licenses and permits including, but not limited to: •No fee City building permits for any temporary structures and electrical permits for lighting regulated by the National Electric Code •County of Ventura Event Organizer permits for food facilities at community events •Ventura County Fire Protection District permits as required, including permits for Places of Assembly and Temporary Structures •Alcoholic beverage licenses •Ventura County Public Health Department forms and permits •Any other permits as may be required for event implementation and compliance. C.Ensure that vendors and event participants secure all required permits including, but not limited to: •Food vendors must have a current County of Ventura mobile food facility permit, annual permit, or temporary food facility permit. •Vendors who engage in sales (except food vendors) must have a current Seller’s Permit from the California Department of Tax and Fee Administration. All vendors must add the event as a sub-location to their Seller’s Permit. D.Maintain insurance coverage as specified by the City for the duration of the Agreement (see Attachment 1 for insurance requirements). E.Require that all vendors and contractors secure and maintain insurance in form and amounts acceptable to the City. Staffing and Volunteers: A.Recruit, hire, train and manage necessary staff and/or volunteers to carry out the planning and implementation of designated events. B.Provide an event manager for each event to be the main point of contact. Sponsorships and Donations: Develop, promote and manage event-specific sponsorship and/or donation opportunities to offset direct costs of each desired event. DR A F T 219 Budgeting and Accounting: A.Pay all deposits, fees, salaries and costs associated with event planning, marketing and implementation, except those explicitly waived or covered by the City (see Section IV: City Obligations). B.Manage collection and recording of all revenues including, but not limited to, donations, sponsorships, concessions, vendor fees, exhibitor fees, and admission charges. C.Prepare financial statements detailing all revenues and expenditures for each event. D.Prepare invoices and submit to the City as necessary for post-event reimbursement of net costs, subject to City review and approval. E.Provide annual audited financial statements to demonstrate fiscal soundness. F.Provide other event-related reports and documentation as requested by the City. CITY OBLIGATIONS City support for each event shall be determined on a case -by-case basis as needed for the successful implementation of each event. Details shall be finalized during the annual planning meeting with the Contractor, however City obligations shall generally include the following: Event Planning and Promotion: A.City shall designate staff to serve as the City liaison and participate in event planning meetings. B.The City will provide, at its discretion, limited marketing support through its website, newsletter and social media channels. C.At the Contractor’s request the City will provide an address list for notifying nearby businesses and residents about events. Permits and Fees: A.City shall waive permit fees for all City issued permits. B.City shall waive rental fees for use of City properties. C.City shall waive fees for City staff costs associated with events. D.City shall secure Caltrans encroachment permits, as necessary. Event Site Logistics: A.City shall provide, set up, and take down of City owned cones, barricades, signs, and other traffic control devices for events, as agreed upon by the City during event planning. B.City shall provide staff, police personnel through contract with Ventura County Sheriff, and/or volunteers to monitor the street closures. If determined necessary by the City, Contractor may be required to supply additional volunteers to monitor street closures. DR A F T 220 C. City shall maintain City-owned trash and recycle containers at event sites and will provide event site clean-up of sidewalks and incidental trash following events. D. City shall install storm water waddles at the event sites, as necessary. E. City shall arrange for street sweeping after events, as necessary. Staffing: A. City shall provide, at its discretion, limited staff to assist with event logistics (i.e. event set-up, production assistance, and breakdown). B. City shall pay for costs associated with law enforcement personnel (through contract with Ventura County Sheriff) necessary for traffic control and public safety at events. COMPENSATION Contractor will receive a set annual fee for the provision of planning and management services for each desired event. This annual fee is exclusive of direct costs for each event. Direct costs for each event will be approved by the City in advance and net costs incurred by the Contractor (direct costs less event-related revenues) reimbursed following each event, subject to City review/audit and approval. Alternate payment structure may be considered by the City on a case-by-case basis. Contractor markup on direct costs may not exceed five percent (5%). Net cost reimbursements shall be limited to an annual expenditure budget established for each desired event by the City. The event expenditure budget amounts shall be determined by the City in consultation with the Contractor. Any net costs incurred by the Contractor in excess of the established event expenditure budget will be the responsibility of the Contractor, unless previously approved by the City in writing. In the event that event-related revenues exceed direct costs, such net proceeds (event-related revenues less direct costs) shall be paid to the City to offset the City’s direct event costs. Events may be ticketed or non-ticketed (free-of-charge) as appropriate for the event, however it is expected that revenue-generation elements (sponsorships, vendor fees, admissions, donations, etc.) will be implemented for each event to offset direct event production costs to the greatest degree practicable. Direct costs include event-specific costs directly associated with the production and promotion of a desired event including talent and entertainment, attractions, prizes/awards, facility rental, equipment, décor, security, sanita tion, catering, permit fees, and event-specific advertising and print costs. Direct costs include all associated sales tax, shipping and processing fees. Any fines, fees, penalties, and/or forfeitures resulting from the Contractor’s failure to properly p lan and manage events shall be the responsibility of the Contractor. DR A F T 221 All organizational and staffing costs associated with providing services under the contract shall be the responsibility of the Contractor. Such costs include, but are not limited to, staff salaries and benefits (including all management and event staffing), office expenses, rents, utilities, organizational licenses and registrations, and other organizational overhead costs. DR A F T 222