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HomeMy WebLinkAboutItem 4.09 StPatricksDayCeleb (2) CITY CLERK File # D[2J~~-~6J . AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 2,1997 SUBJECT: 15th Annual St. Patrick's Day Celebration Report by: Diane Lowart, Parks and Community Services Director EXIllBITS ATTACHED: A. Agreement with GoodTimes Promotions, Inc. R Budget Change Form RECOMMENDATION: . _ / 1. Approve Agreement and Authorize Mayor to ~xecute Same ffL" ~ 2. Approve Budget Change Form . . FINANCIAL STATEMENT: The net additional cost for FY 1997-98 is $12,320; ofthis amount, $10,320 is attributable to the Celebration and $2,000 is attributable to the Parade. DESCRIPTION: At the November 18, 1997 meeting of the Dublin City Council, the Council gave conceptual approval to a proposal from GoodTimes Promotions, Inc. for the overall management of the 1998 St. Patrick's Day Celebration. Staff was directed to negotiate an agreement outlining the responsibilities of each party for consideration by the City Council. . Attached in Exhibit A is the draft agreement between the City of Dublin and GoodTimes Promotions, Inc. The agreement contains a detailed scope of services as well as a payment schedule and general provisions. The estimated cost to the City for the services of GoodTimes Promotions, Inc. is $27,500 plus 30% of all booth sales. Attached in Exhibit B is the budget change form which reflects the increased revenues and expenditures associated with the expansion of the celebration. As discussed at the previous meeting of the City Council, the increase in revenue is attributable to raising vendor fees to the industry standard and with the revenue anticipated from beverage sales. The increase in expenditures is attributable to the promoter's fee and commission, an increase in the entertainment budget and the inclusion of funds for advertising. Also, $2,000 has been included in the budget to be used as stipends to attract marching bands for the parade. The net additional cost to the City over and above what was included in the Fiscal Year 1997-98 Budget is $12,320. It is recommended that the City Council take the following action: 1) approve agreement and authorize Mayor to execute same; and 2) approve the budget change form. . ------------------------------------------------------------------- CO PIES TO: Liaison Committee; Parks & Community Services Commission ITEMNO.~ C:\citycoun\ccmtgs\122stptdoc . . . AGREEMENT BETWEEN CITY OF DUBLIN AND GOODTIMES PROMOTIONS, INC. FOR EVENT PRODUCTION SERVICES 1998 ST. PATRICK'S DAY FESTWAL TIllS AGREEMENT is made at Dublin, California, as of December 2, 1997, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and GOODTIMES PROMOTIONS, INC., ("Producer"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Producer shall provide to City the services described in Exhibit A. Producer shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Producer for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit R The payments specified in Exhibit B shall be the only payments to be made to Producer for services rendered pursuant to this Agreement. Producer shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Producer uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Producer shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Producer only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXIllBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by the City's Parks and Community Services Director ("Administrator"). All correspondence shall be directed to or through the Administrator or his or her designee. 7. NOTICES. Any written notice to Producer shall be sent to: Kelly Rob~on, Event Coordinator GoodTimes Promotions, Inc. 6451 Scarlett Court Dublin, CA 94568 Any written notice to City shall be sent to: Ms. Diane Lowart, Parks and Community Services Director City of Dublin P.O. Box 2340 Dublin, CA 94568 Agreement Page 1 of2 EXHIBIT A Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk By "Producer" Approved as to form: City Attorney Agreement Page 2 of2 . . . . . . EXHIBIT A SCOPE OF SERVICES Producer shall provide the following services to the City to produce the 15th Annual St. Patrick's Day Festival at the Shamrock Village Shopping Center, Almond Plaza Shopping Center, and Regional Street in downtown Dublin. The festival shall include space for up to 165 vendors, including non-profit and commercial vendors. The promoter shall recruit craft vendors with hand made items. A main stage of Celtic and Irish entertainment, as well as a stage for children's and community group entertainment shall be set up as part of the festival. 1. SERVICES PROVIDED BY PRODUCER A. L~~~ . 1. Operate the festival on Saturday March 14 and Sunday March 15, 1998, from 10:00 a.m. to 5:00 p.m. on both days. 2. Prepare a work plan by December 5, 1997 for the production of the event for review and approval by City staff. 3. Secure permission for use of private property to provide enough booth space as specified in the budget. If private property can not be secured, then the entire festival shall be moved onto Regional Street, between Dublin Blvd. and Amador Valley Blvd. 4. Develop event layout using maps and diagrams provided by City. 5. Negotiate all contracts (with City Staff approval) for services, equipment and supplies. Terms of payment to vendors shall be in accordance with schedule developed by City. Contracts must comply with City Purchasing Ordinance. R Budget and Financial Guidelines 1. Produce the festival within the fmancial guidelines set forth in attached event budget (Exhibit E). 2. Seek and secure corporate sponsorship (with City Staff approval) for this event. 3. Collect all revenue which shall be payable to the City of Dublin. 4. Deposit funds at a minimum once per week in accordance with procedures and forms established by City. 5. Process requests for payment using the City Claim Form according to the schedule established by the City. 6. Respond to and coordinate all fmancial inquiries prior to and subsequent to the event. C. Advertising 1. Create and implement advertising campaign to include radio and print media. 2. Provide City with event information for publication in the City's Spring Activity Guide by February 23, 1998. 3. Provide City with necessary information for the City' s Web Page and Events Hotline on an ongoing basis. Exhibit A Page 1 of4 D. Vendors 1. Recruit, sell and manage all booth space at festival using Contract agreed upon by . City and Producer. 2. Secure a certificate of insurance naming the City of Dublin as additionally insured from each vendor as deemed necessary by City. 3. Give first right of refusal to Dublin businesses for booth space. 4. Coordinate distribution of any necessary licensing forms required for vendors and monitor compliance as required by local and state laws. E. Equipment Rental 1. Coordinate rental of all equipment for the event including but not limited to: a) Tents, stages, sound systems and chairs for two stages oientertainment. b) Tents, tables and chairs for beer and wine tasting area. c) Siding and water barrels for the tents. d) Generators and related equipment as necessary. e) Portable radios as needed. f) Golf carts for transportation within the festival site. g) Other equipment as deemed necessary and approved by City. 2. Supervise rental company during set-up and take-down of equipment. F. Event Staffing 1. Recruit and manage all non-profit groups and volunteers giving first right of refusal to Dublin organizations. 2. Develop list of available volunteer positions including but not limited to beverage . servers, beverage control, tickets sales, and trash pickup for approval by City. 3. Conduct a pre-event meeting to train all event volunteers. 4. Coordinate with Police and Fire Departments to provide necessary reserve officers and bicycle paramedics. G. . Contracted Services 1. Contract and supervise all overnight security for event using City's standard Contract Services Agreement. 2. Recruit, contract and manage all entertainment for event using City's standard Contract Services Agreement. 3. Recruit, contract and manage activities for the children's area using City's stan~d Contract Services Agreement. Secure a certificate of insurance naming the .City of Dublin as additionally insured from each vendor as deemed necessary by the City. H. Event Management 1. Manage all aspects of set-up and take-down of event. 2. Handle any problems or emergencies at event. 3. Work with the Police and Fire Departments to ensure adherence to all special event regulations, as well as develop emergency action plans. . 4. Coordinate the filling of the water barrels with the Fire Department. . Exhibit A Page 2 of 4 5. 6. . 7. 8. 9. Coordinate trash collection and recycling efforts with Dublin Livermore Disposal. Coordinate festival shuttles from BART station and designated parking lots. Coordinate signage for the festival including but not limited to identification of major attractions, entertainment schedules, event parking, restrooms, and First Aid. Coordinate with City Public Works for street sweeping of all event areas following the event. Coordinate advance contact with businesses who may be impacted by street and/or parking lot closures. 1. Food and Beverage 1. Secure a Special Event permit from Alameda County Health Agency. 2. Coordinate the sale of booth space to restaurants and commercial vendors to provide food at the event. Verify that each vendor has satisfied the requirements established by the Alameda County Health Agency, as well as all required local and state license requirements. 3. Coordinate all beverage sales at the event including three (3) soda booths and (1) alcoholic beverage tent. . 4. Prepare a comprehensive plan to maximize control of alcoholic beverages and ensure adherence to all local and state ordinances. 5. Coordinate a training with the beverage sponsor for all volunteers who will be pouring alcoholic beverages at the event. . J. Miscellaneous 1. Prepare a final written report and fmancial statement after the event. II. SERVICES PROVIDED BY CITY A. Introduce Producer to interested parties including local groups, merchants, business owners, prospective corporate sponsors, community leaders, police department and others as identified by City Staff as interested parties. B. Provide access and systems for repro graphic and mailing services for production and mailing of event information, as well as vendor recruitment and confIrmation, based upon the approved budget. C. Prior to event review electrical needs with Producer and identify available power sources. Provide a staff person to set-up and manage electricity during the event. D. Provide event insurance and liquor license as needed to comply with laws and regulations. E. Provide trash receptacles for event at the City's expense. . F. Exhibit A Page 3 of4 Coordinate t-shirt sales at the festival. G. Provide street area space for usage during the event. H. Be responsible fmancially for event and all contracts and services including but not . limited to entertainment, security, advertising and beverage consignments, to the extent that they have been authorized by City pursuant to this agreement. . . Exhibit A Page 4 of4 . . . EXHIBIT B PAYMENT SCHEDULE A. CITY shall pay PRODUCER in three equal installments the total sum of $27,500.00 (Twenty seven thousand five hundred dollars and no cents) for services to be performed pursuant to this agreement. Payment shall be made following submittal by Producer a report of accomplishments related to the Producer's work plan for the period and approval by City Staff that the project is proceeding as expected. Payment shall be made in three equal installments on January 12, February 9, and April 13, 1998. CITY shall pay producer thirty percent (30%) of all booth sales on April 13, 1~98. PRODUCER shall submit invoices according to the schedule provided by CITY. . . R C. The total sum stated in Section A and B above, shall be the total which the CITY 'shall pay for the services to be rendered by PRODUCER pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by PRODUCER in rendering services pursuant to this Agreement. D. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in a written Change Order executed by the City Manager, or other designated official of the CITY, authorized to obligate CITY thereto. Said Change Order shall be executed prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial Contract price stated in Section A. In the event the Change Order exceeds this limitation, City Council approval shall be required. E. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the PRODUCER for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. PRODUCER shall maintain adequate logs and timesheets in order to verify costs incurred to date. F. The PRODUCER is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed copy of this Agreement. Exhibit B Page 1 of 1 EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Producer's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. '. -. ExhibitC Page 1 of 1 . . . . . . EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Producer shall be an independent Contractor and shall not be an employee of City. City shall have the right to control Producer only insofar as the results of Producer's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Producer accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. Producer represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally requir~d for Producer to practice his profession. Producer represents and warrants to City that Producer shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Producer to practice his profession. . . 3. .TIME. Producer shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Producer's obligations pursuant to this Agreement. 4. INSURANCE REQillREMENTS. Producer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Producer, his agents, representatives, employees or Subcontractors. (a) Minimum Scope ofInsurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. Producer shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or ExhibitD Page 1 of3 eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Producer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. . (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Producer; products and completed operations of the Producer, premises owned, occupied or used by the Producer, or automobiles owned, leased, hired or borrowed by the Producer. The coverage shall contain no special limitations the scope of the protection afforded to the City, its officers, officials, employees and volunteers. b. The Producer's insurance coverage shall be primary insUrance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Producer's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Producer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employees Liability Coverage." The insurer shall agree to waive all rights of subrogation against the City, its .officers, officials, employees and volunteers for losses arising from work performed by the Producer for the City. 3. Professional Liability. Producer shall carry professional liability insurance in an amount deemed by the City to adequately protect the Producer against liability caused by negligent acts, errors or omissions on . the part of the Producer in the course of performance of the services specified in this Agreement. 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (e) ACCE:ptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (f) Verification of Covera~e. Producer shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. J:be City reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. Producer shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. (h) The Risk Manager of City may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. . . Exhibit D Page 2 of3 . . . 5. PRODUCER NO AGENT. Except as City may specify in writing, Producer shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Producer shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Producer shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Producer shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. : : 8. STANDARD OF PERFORMANCE. Producer shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Producer is engaged in the geographical area in which Producer practices his profession. All instruments of service of whatsoever nature which Producer delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Producer's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF PRODUCERS. Producer shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any Subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Producer or of any Subcontractor. Producer shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly arising from the performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement Producer acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Producer or Subcontractors from liability under this paragraph. 1 O. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Producer shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. Ail reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of the City upon completion of the work to be performed hereunder or upon termination of the Agreement. ExhibitD Page 3 of 3 EXHIBIT E EVENT BUDGET . REVENUE 97/98 Budget Art & Craft Vendor Booth Sales Commercial Vendor Booth Sales Restaurant Vendor Booth Sales Non-Profit Fundraising Space Sales Beverage Sales Children's Attractions T-Shirt Sales Sponsorships TOTAL REVENUE 100 booths 50 booths 10 booths 5 booths $10,000.00 $7,500.00 $3,600.00 $50.00 $20,000.00 $1,500.00 ~1,200.00 $2,500.00 $46,350.00 EXPENDITURES 97/98 Revised Operating Supplies T-Shirts Signage IceM'ater Soda Wine Beer Miscellaneous Event Supplies Advertising lV, Radio, BART, Newspaper Printing & Binding Posters, Flyers, Miscellaneous Rentals & Leases Tents, Canopies, Stages, Etc. Contract Services Entertainment Sound Technician & Equipment Parade Entertainment Overnight Security Beverage Servers, Guards Promoter Management Fee Booth Sales Commission (30%) TOTAL EXPENDITURES $720.00 $500.00 $705.00 $1,585.00 $2,515.00 $1,530.00 $710.00 $5,000.00 . $500.00 $4,850.00 $3,500.00 $500.00 $2,000.00 $900.00 $2,900.00 $27,500.00 $6,330.00 $62,245.00 NET GAIN (LOSS) TO THE CITY ($15,895.00) . Exhibit E Page 1 of 1 CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # . New Appropriations (City Council Approval Required): Budget Transfers: From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000) ~_ Within Same Department Activity Between Departments (City Council Approval _j_ From New Revenues Required) Other r:tt~@n~A$lB.GEl!t(CGQ~t~ttttrrrrAMOu.Njrrr:ttir@fIt?mjj~ltWG&.ltKcmtJ.W.ttttt:~ttt@tKMQ.U.NOOttl~tr . .......... ..... .. ........ .... ............... ........... ......................... ............................................................................................................ ................... ........... ............................. ..................... .......... ........... .......h......... Name: Name: REVENUE $35,940 Charges for Service - Special Even.ts . - Account #: Account #: 001-1000-565-012 Name: Name: Account #: Account #: Name: Special Events - Part-time Salaries $2,795 Name: Special Events - Operating Supplies $355 Account #: 001-1000-8070-701-002 Account #: 001-1000-8070-713 Name: Special Events - Printing $15 Name: Special Events - Advertising $5,000 Account #: 001-1000-870-716 Account #: 001-1000-8070-715 Name: Special Events - Rentals $1,850 Name: Special Events - Contract Services $40,880 Account #: 001-1000-8070-719 Account #: 001-1000-8070-740 REASON FOR BUDGET CHANGE ENTRY: To provide for the services of a professional event promoter assume the overall event management of the St. Patrick's Day Celebration and to account for the additional revenue and expenditures associated with expansion of the event. City Manager: Date: Signature ..............-..................... ... ........ .. ...........- ............. ............ .. ....... ... ...... ... ...................-................... . ................... ;.;.;.:.:.:.:-:.;....:.-..;.;:.;.:.:.:.;..:..;.:;.....:.:.:.:'.::':-: ........... .... ...... . ..........:......-.............:...... ................ ....... ..... ..... .... ..... .............. ............... ........... ............. ....... .. ..................... .... . ................... ..................................... ...... ........... ........... ..... . . . . . . . . . . . . . . .. ...... . . . . . . ............ .......... .... .................. ::::A-~~RPf9Y#q~.m~.:YgY.&8iW2~~~~#tmg9Af:: mai~r>:;:::.:.:......... .. ................. ......... .... .. . . .. .... ......... ....... ........ . . .. ........ ... . . . . . . . . . . . . . ...... .......... ............. . ............................ ...... ......... .......... ............................ Mayor: Date: Signature . Posted By: Date: Signature EXHIBIT B