HomeMy WebLinkAboutED RA Parade of Lights ServicesCITY OF
SAN RAFAEL
AGENDA ITEM NO.: 4
MEETING DATE: January 20, 2009
San Rafael Redevelopment Agency Agenda Report
Department: Redevelopment Agency
Prepared byInitials: \1
Nancy Mackle, Ec noetic Development Director h -Ken Nordhoff, Executive Director
SUBJECT: Resolution authorizing the Economic Development Director to enter into a Three -
Year Professional Services Agreement with Steven Restivo Event Services, LLC for Parade of
Lights/Winter Wonderland Celebration Production and Operations through December 31, 2011.
RECOMMENDATION: Staff recommends that the Agency Board approve the Professional
Services Agreement with Steven Restivo Event Services, LLC to perform production and
operational duties for the 2009, 2010, 2011 Parade of Lights Parade/Winter Wonderland
Celebration.
DISCUSSION: The Parade of Lights Parade/Winter Wonderland Celebration is a much loved
traditional event of the Holiday Season enjoyed by thousands of residents and visitors of all ages.
It is a unique and colorful event providing some attendees with their first experience with snow.
This is an event for everyone and should be preserved for future generations. In 2006 Agency
staff issued a Request for Proposals for production of the event, and Steven Restivo Event
Services, LLC, a Downtown San Rafael business, was deemed to be the most qualified event
producer. Steven Restivo has successfully produced the Parade of Lights Parade/Winter
Wonderland Celebration since 2006 beyond expectations. A multi-year contract as detailed
above is therefore recommended so that the producer can begin advertising and promoting the
event. This will allow for more time to improve the quality of vendor, crafts, entertainment and
to publicize the event to the general public. This will also allow time to coordinate a suitable
sponsor program with the goal to further reduce costs to the advantage of the San Rafael
Redevelopment Agency annually beyond the contracted rates for this event. Any savings by the
event producer will be passed on to the funding agency to further reduce the expenses.
The City's Events Coordinator will supervise the event operations staff for the duration of the
event. The event operations staff would be provided by a contractual agreement with Steven
Restivo Event Services, LLC. The scope of this labor includes complete event production and
operations. The event takes place the day after Thanksgiving each November.
FISCAL IMPACT: The contracted maximum amount of $25,000 for 2009, $22,500 for 2010
and $20,000 for 2011 will be paid by the Agency in addition to San Rafael Police services and
Public Works overtime costs which would total approximately $2,200, and it is recommended
FOR AGENCY SECRETARY ONLY
File No.:
Agency Meeting:
Disposition:
Page 2
that the Agency continue to pay these costs. The Redevelopment Agency each year also pays for
the cost of installation and removal of two across the street banners totaling $300, which the
Agency would continue to do. The Agency pays approximately $1,200 for the Holiday Tree
lighting and decoration each holiday season. Even without this event, however, the Agency
would still spend these funds to light the Holiday Tree at Courthouse Square. The San Rafael
Parking Services Division provides staff time to install the "No Parking" signs, and there is some
lost meter revenue.
The Public Works Department staff also incurs some regular shift staff time for placement of
barricades in preparation for the street closures, but these costs are included in the annual lump
sum funding of special events costs made by the Redevelopment Agency to the Public Works
Department.
OPTIONS:
1. Approve Contract.
2. Reject Contract.
3. Direct staff regarding changes to the contract desired by the Agency Board.
ACTION REQUIRED: Approve Resolution.
SAN RAFAEL REDEVELOPMENT AGENCY
RESOLUTION NO.
MOVED BY: MEMBER SECONDED BY: MEMBER
RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT DIRECTOR
TO ENTER INTO A THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH
STEVEN RESTIVO EVENT SERVICES, LLC FOR THE
PARADE OF LIGHTS/WINTER WONDERLAND CELEBRATION
PRODUCTION AND OPERATIONS THROUGH DECEMBER 31, 2011
FINDINGS AND PURPOSE:
The San Rafael Redevelopment Agency, Marin County, California, hereinafter referred to as
Agency, does hereby declare, find and determine that:
1. WHEREAS, the Agency directed the Events Coordinator to hire and provide event
operations staff for the San Rafael Parade of Lights/Winter Wonderland event; and
2. WHEREAS, Steven Restivo Event Services, LLC has produced the Parade of Lights/Winter
Wonderland event since 2006; and
3. WHEREAS, there is an ongoing need for these services;
NOW, THEREFORE the Agency takes the following ACTION:
RESOLVED, that the Agency authorizes the Economic Development Director to execute a
three-year agreement with Steven Restivo Event Services, LLC to provide production and
operation services for the Parade of Lights/Winter Wonderland event through December 31,
2011, in the form attached hereto as Exhibit "A".
I, ESTHER C. BEIRNE, Agency Secretary of the San Rafael Redevelopment Agency, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of said Agency held on the twentieth day of January, 2009, by the following vote, to
wit:
AYES:
MEMBERS:
NOES:
MEMBERS:
ABSENT:
MEMBERS:
ESTHER C. BEIRNE
Agency Secretary
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE SAN RAFAEL REDEVELOPMENT AGENCY
AND STEVEN RESTIVO EVENT SERVICES, LLC TO PROVIDE
PRODUCTION AND OPERATIONS SERVICES FOR THE
PARADE OF LIGHTS/WINTER WONDERLAND CELEBRATION
THROUGH DECEMBER 31, 2011
This Agreement is made and entered into this 1st day of February, 2009, by and between the
CITY OF SAN RAFAEL REDEVELOPMENT AGENCY (hereinafter "AGENCY"), and Steven Restivo
Event Services, LLC (hereinafter "CONTRACTOR") effective until December 31, 2011.
RECITALS
WHEREAS, the AGENCY has determined that it is in its best interest to obtain management
services for the organization and operation of the Parade of Lights/Winter Wonderland Celebration
(hereinafter "PARADE OF LIGHTS"); and
WHEREAS, the CONTRACTOR has experience in providing such management services and
holds special technical skills to ensure a successful PARADE OF LIGHTS; and
WHEREAS, the AGENCY desires to employ the CONTRACTOR to provide such services and
CONTRACTOR is willing and able to provide said services;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. AGENCY. The Economic Development Director shall be the representative of the
AGENCY for all purposes under this Agreement.
B. CONTRACTOR. Steve Restivo is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as follows: organization and
operation of the PARADE OF LIGHTS to be held the day after Thanksgiving of each year from 2009
through 2011. For each PARADE OF LIGHTS event during the term of the Agreement, duties include
but are not limited to the items listed on the attached Attachment A, section titled "Scope of Duties and
Responsibilities".
3. DUTIES OF AGENCY.
AGENCY shall perform the duties and/or provide services for each PARADE OF LIGHTS event
during the term of the Agreement which are included in, but not limited to, the following items:
1
a) Provide permit for street closure.
b) Agency supervisor (Event Coordinator) will provide and drive truck for transportation of
street closure equipment. Agency supervisor will work with City Police to coordinate all
necessary street closures.
c) Provide assistance in removal of snow following Saturday's sledding activities.
d) Assist in marketing event through City's website.
e) Set up Event Coordinating Committee meetings as necessary.
4. COMPENSATION.
Compensation to CONTRACTOR shall be paid from rental of vendor spaces at the PARADE
OF LIGHTS collected by CONTRACTOR, any sponsorship monies negotiated and collected by
CONTRACTOR, any sponsorship monies negotiated and collected by CONTRACTOR, and payment
by AGENCY. The maximum compensation to be paid by AGENCY for each event shall not exceed the
following maximum compensation amount:
• twenty-five thousand dollars ($25,000), for the 2009 event;
• twenty-two thousand five hundred dollars ($22,500) for the 2010 event;
• twenty thousand dollars ($20,000) for the 2011 event.
AGENCY shall pay CONTRACTOR, upon receipt of an invoice received by October 1 of the year of the
event, a sum equal to one-half (1/2) of the maximum compensation for that year's event, as scheduled
above. The balance shall be paid no more than thirty (30) days following receipt of a final invoice from
CONTRACTOR after execution of the event.
TERM OF AGREEMENT.
The term of this Agreement shall be three years, and expires December 31, 2011. Upon mutual
agreement of the parties, and subject to the approval of AGENCY, the term of this Agreement may be
extended.
6. TERMINATION.
Either party may terminate this Agreement without cause upon thirty (30) days written notice
mailed or personally delivered to the other party. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent of the
other. Upon termination, any and all AGENCY documents or materials provided to CONTRACTOR and
any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of
its duties under this Agreement, shall be delivered to AGENCY as soon as possible, but not later than
thirty (30) days after termination.
INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to AGENCY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its
performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with AGENCY
or its agent in any such audit or inspection.
8. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the other
party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder
shall be void and of no effect.
9. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to
AGENCY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount of one
million ($1,000,000) dollars per occurrence, $2,000,000 in aggregate, for death, bodily injury, personal
injury, property damage, and contractual liability;
2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in
the minimum amount of one million ($1,000,000) dollars per occurrence, $2,000,000 in aggregate;
3. If any licensed professional performs any of the services required to be performed
under this Agreement, a professional liability insurance policy in the minimum amount of one million
($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services
under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 9. A., shall also meet
the following requirements:
1. The insurance shall be primary with respect to any insurance or coverage
maintained by AGENCY and shall not call upon AGENCY's insurance or coverage for any contribution;
2. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the AGENCY, its officers, agents, employees, and volunteers as
additionally named insureds under the policies.
3. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming
AGENCY, its officers, agents, employees, and volunteers, as additional named insureds under the
policies.
4. The insurance policies shall provide that the insurance carrier shall not cancel,
terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10)
days written notice to City's Risk Manager.
5. If the insurance is written on a Claims Made Form, then, following termination of
this Agreement, said insurance coverage shall survive for a period of not less than five years;
6. The insurance policies shall provide for a retroactive date of placement coinciding
with the effective date of this Agreement;
7. The insurance shall be approved as to form and sufficiency by PROJECT
3
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation and
employer's liability insurance, as required by the State Labor Code and other applicable laws and
regulations, and as necessary to protect both CONTRACTOR and AGENCY against all liability for
injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must
be declared to and approved by the City's Risk Manager and the City Attorney. At AGENCY's option,
the deductibles or self-insured retentions with respect to AGENCY shall be reduced or eliminated to
AGENCY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
10. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold harmless AGENCY, its officers,
agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including attorney's fees and administrative costs, arising out of or resulting from the negligent
acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and
employees in the performance of their duties and obligations under this Agreement.
11. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex,
race, color, religion, ancestry, national origin or disability in connection with or related to the performance
of its duties and obligations under this Agreement.
12. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement,
including the American with Disabilities Act (ADA). CONTRACTOR shall perform all services under
this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall
release, defend, indemnify and hold harmless AGENCY, its officers, agents and employees from any and
all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of
any laws, ordinances, codes or regulations.
13. NO THIRD PARTY BENEFICIARIES.
AGENCY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement,
to the other party.
14. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or deposited
with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified.
Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with
0
the United States Postal Service. Notice shall be given as follows:
TO AGENCY: Nancy Mackle, Economic Development Director
City of San Rafael Redevelopment Agency
1313 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Steven Restivo, Owner/Manager
Steven Restivo Event Services, LLC
805 Fourth Street, Suite 8
San Rafael, CA 94901
15. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents
and employees shall act in the capacity of an Independent Contractor, and not as employees of the
AGENCY. CONTRACTOR and AGENCY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of
an employee of AGENCY.
16. ENTIRE AGREEMENT -- AMENDMENTS.
The terms and conditions of this Agreement, all exhibits attached, and all documents expressly
incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter
of this Agreement. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the AGENCY. No other agreement,
promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or
binding, except by way of a written amendment to this Agreement. If any conflicts arise between the terms
and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents
expressly incorporated by reference, the terms and conditions of this Agreement shall control.
17. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that AGENCY may deduct from any payment due to CONTRACTOR
under this Agreement, any monies which CONTRACTOR owes AGENCY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other
amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of this
Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term,
covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or
other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party
of any fee, performance, or other consideration which may become due or owing under this Agreement,
shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term,
condition, covenant of this Agreement or any applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this Agreement,
or arising out of the performance of this Agreement, may recover its reasonable costs (including claims
administration) and attorney's fees expended in connection with such action.
21. AGENCY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a City of San
Rafael business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any
and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification
number is 32-0030309, and CONTRACTOR certifies under penalty of perjury that said taxpayer
identification number is correct.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and
year first above written.
SAN RAFAEL REDEVELOPMENT AGENCY STEVEN RESTIVO EVENT SERVICES, LLC
NANCY MACKLE
Economic Development Director
ATTEST:
ESTHER C. BEIRNE
Agency Secretary
STEVEN RESTIVO
Owner/Manager
Kelm
LISA GOLDFIEN
Interim Assistant Agency Attorney
CONTRACTOR SCOPE OF DUTIES AND RESPONSIBILITIES:
WINTER WONDERLAND
• Contract with ice vendor/snow blower, and create sledding hill on A Street, including ordering hay
bales, safety fence, and light tower.
• Provide necessary supplies for event, including but not limited to ice shovels, saucers for sledding,
temporary fencing, as well as candles and candle cups for Parade of Lights.
• Book holiday crafts vendors, import vendors, food vendors, costume rentals and volunteers to parade as
holiday characters (Santa and Mrs. Claus, reindeer, etc.),
• Book children's and musical entertainment (for Village, Plaza and Parade), and cable car and/or horse-
drawn carriage. City approval of vendors and entertainment is required, but will not be unreasonably
withheld.
• Create and implement advertising materials for event, including press releases and event flyers (in
English, Spanish, and Vietnamese) to be approved by Superintendent of San Rafael City Schools and
prepared for distribution to local schools throughout Marin County.
• Pursue partnerships, sponsorships and ongoing expansion of income base for the greater good of the
event (including marketing, advertising, additions/modifications to event entertainment and to reduce
out of pocket expenses to the City of San Rafael Redevelopment Agency).
• Work with City supervisor to notify affected businesses of the street closures.
• Attend necessary meetings with City's Event Coordinating Committee to review event logistics and
duties assigned to the appropriate City departments. This will include Police, Fire, Parking Services,
and Public Works Departments. City supervisor will arrange committee meetings.
• Coordinate a safe public parade with the assistance of City supervisor and San Rafael Police
Department. Assign volunteers and/or event producer's staff to pass out candles prior to parade.
• Coordinate the Tree Lighting Ceremony with City supervisor, including inviting dignitaries to attend.
This will include invitations to the family that donated the holiday tree to the City.
• Provide and coordinate staff and volunteers to safely and efficiently operate the public participation and
use of the snow hill on Friday (noon - 8 p.m. with a break from 4 p.m. - 6 p.m.) and Saturday (10 a.m. —
2 p.m. or until the snow is deemed unsafe for sledding). This would include line monitors, snow
maintenance, sled pushers and catchers, and supervisors.
• Arrange overnight security for the snow area.
• Load/set up garbage cans in Fourth Street corridor, and line, empty and maintain garbage cans
throughout event.
• Top off and maintain existing City cans.
• Arrange for portable restrooms, sinks, and debris boxes as needed.
• Sweep and pick up trash. It is a priority to maintain a constant level of cleanliness throughout event.
• Assist vendors in keeping all areas trash free.
• Provide guest services to public attendees. This includes handling of children and their parents
throughout all aspects of the event.
• Provide adequate insurance for event as required by City of San Rafael, including proof of insurance
from participating vendors and other contracted services.
• Meet all state and federal regulations regarding Americans with Disabilities Act (ADA) regarding
access to portable restrooms, entertainment, and vendors.
• A City of San Rafael business license will be required as part of the contract.
Producer is expected to provide safe guidelines for all staff/volunteers and written plan/schedule for
production, vendor placement, entertainment, load -in and load out of event.
Staff is expected to dress neatly and arrive on time, ready to work.
Attachment A
