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HomeMy WebLinkAboutED Farmers' Market; Next Generation 2013CITY OF SAN RAFAEL Ilk AGENDA ITEM NO.: 3 . i ING DATE: November 18, 2013 RESOLUTION AUTHORIZINGMANAGER EXECUTE A THREE YEAR PROFESSIONAL iOA SERVICES AGREEMENT GENERATION MANAGE FARMERS'MARKET FESTIVAL JANUARY i 3 1 2016 ;!BMITTED APPROVED Stephanie ` EconoDevelopmentw • •ckle, City Manager RECOMMENDATION: Adopt the attached resolution to execute a three year professional services agreement with Next Generation Events for the 2014 thru the 2016 season of the Downtown Farmers' Market Festival. BACKGROUND: The San Rafael Redevelopment Agency ("Agency") and Business Improvement District (`BID") have a long history of working together on events to attract people to Downtown San Rafael. The Downtown Vision and the City's General Plan 2020 include goals for a vibrant, active and attractive Downtown. General Plan Policies include NH -20 - expand Downtown's reputation as the events center for the City through events and entertainment activities, NH -21 - maintaining Downtown San Rafael as the cultural and entertainment center of San Rafael and the County, NK -34 - Alive After Five, encouraging additional entertainment venues on Fourth Street and maintaining Fourth Street core as the main staging area for Downtown activities and events. These policies _promoted by the Agency and the BID with the development of a robust ""initialpartnership were: • May Madness Classic Car Parade • Farmers Market Festival • Youth in Arts Italian Street Painting Festival • Parade of Lights (Snow) The Agency has provided some funding for these four legacy events from inception to 2012, including Police, Public Works and event coordination assistance by Agency staff. Newer events were required to be self-sufficient and.. no Agency direct finding was provided, except went Coordinator time. s F11e No.: City Council Meeting: Disposition Page 2 The Downtown Fan-ners' Market Festival ("Festival") was established in 1990 and I`` a popular event drawing up to 5,000 people to the Downtown each Thursday night of the season. Similar to the other legacy events, the Festival was conceived by the Agency to attract people to Fourth Street. The event was modeled on the very successful San Luis Obispo evening festival. The goal of the Festival is to provide a family friendly environment with a variety of experiences-, fresh vegetables, hot foods, music, crafts, and kiddie rides to attract people to Downtown San Rafael in the evening. The event includes a California certified farmers market but was designed as a festival in keeping with the Downtown revitalization policies. The focus was and remains to bring people to the Downtown and not to compete with the daytime famers markets in the rest of the County. In keeping with support of Downtown merchants the Market invites BID business owners to participate in the market at a reduced rate; this has resulted in nearly twenty Downtown Businesses taking booth space in the Market each week. The Festival is overseen by City staff with input from a community advisory committee made up of Downtown merchants, Festival vendors, and a City Council representative. Management of the Festival In the early years of the Festival, the Market Manager ("Mana�4er") was paid a set manageme fee and all of the revenue and expenses came to or were paid by the Agency. This created a ris to the Agency if weekly stall fees did not cover the costs, for example if there was a rainy eve night. The Agency decided to alter the arrangement and cease the management fee but continue to pay for Police overtime and janitorial services during the event. Beginning in 2012 the Cit pIid for the Police services and the Market Manager paid for the janitorial services as well a other expenses. Next Generation Events has successfully managed the Downtown Farmers' Market Celebratio since 1990. Monique Anderson, the owner of Next Generation Events, has continued to modi improve and creatively manage this award winning event in Downtown San Rafael. M Anderson has been a good -partner working with and nurturing relationships with the Downtow Business Association and the City of San Rafael. The Downtown Farmers Market Festival is on of the oldest operatimv businesses in the downtown with twenty-five years of operations. DISCUSSION: For the following three Festival seasons, (2014 thru 2016), it is recommended that the Economic Development Department contract with Next Generation Events ("Mana�4er") for the management of the Festival. Season Dates. For the 2014 thru 2016 season, the Market Manager has proposed to begin m April and run through September from 6 pin - 9 pm. This is the same schedule as previous years. Staff will present the street closure information for City Council approval closer to the 2014 season opening. Market Location. The Festival location is Fourth Street from Lincoln Street to B Street. As in previous years, the event will include a community table. This table will be the location for the Councilmember visits, for information from local nonprofits, and Downtown businesses. Page 3 Market Staffing. Next Generation will provide a minimum of two management staff and two operations staff at each market to manage the vendors, provide set up and breakdown services and cleaning services. All members will be dressed consistently in easily identifiable clothing. This will allow the market visitors to easily report problems or concerns to the Market management team. Next Generation has hired the Downtown Streets Team to provide clean up and janitorial services for the market on a trial basis. The Downtown Streets Team anticipates the Market team will be scheduled as a separate and distinct shift to provide consistent team members throughout the market season. BID Members. BID members receive ceive a discounted space rental fee. BID members also receive thirty days advance notice each season and first priority for space rentals. The Manager has instituted limitations on hot food vendors to protect the Downtown restaurants from oversaturation. No more than two vendors of the same food type are allowed at the Festival. For example if two BID members sell pizza at the Festival, no other pizza vendors will be admitted for the full season. The Manager has also instituted limitations on the types of non- food items that can be sold to avoid competition with Fourth Street businesses. Other City Support. Currently, the City's Events Coordinator ("Coordinator") provides assistance to all events (legacy and other events) on Fourth Street, in the City Plaza as well at other San Rafael locations. The Coordinator assesses all event operations plans to assure that City rules are followed and that City property is protected. During events, the Coordinator is the City's representative and facilitates all City resources. Public Works, Parking Services and the San Rafael Police Department also provide support for this event. The estimated cost for Market services has been included in the operating budget of each Department. Revenue and Expenditures. Under the proposed contract, the Manager will receive thtf revenues from the Festival to pay for all operational expenses. The operational costs of thLo 0 Festival include items such as County and State permits, advertising, postage., entertainment, porta potties, dumpsters, Festival management and temporary labor. The Manager will fund all janitorial costs. The Manager has undertaken studies to make sure the space rents are competitive. At this time, the Festival's fees are already in line with the Civic Center Market, which has a higher attendance and longer hours of operation. Contractor Experience. Monique Anderson, owner of Next Generation Events, ha successfully operated the Market for many years, and has technical expertise on issues such a Farmers' Market certitication requirements, health department regulations, WIC program, trafffif, 11 and other safety concerns of the Festival. Additionany, she has detailed knowledge regarding th -111 Festival farmers and vendors, City staff, City rules and regulations, anct iocal merchants' needs. r-US1 The City costs for the Festival include Police time, Events Coordinator time,, Parking Services staff time for the weekly no parkisignage and towing and Public Works staff costs for signa ng ge, ,?.nd pressure washing the sidewalks and Plaza during and after the season. These costs are 0 included in the overall budget for the four City Departments. OPTIONS: • Adopt the attached resolution authorizing the agreement • Modify the proposed Agreement. • Reject the agreement. Viral I ILI ATTACHMENTS: Exhibit A Proposed contract with Next Generation Events RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT MANAGER GENERATIONTO EXECUTE A THREE YEAR PROFESSIONAL SERVICES AGREEMENT WITH NEXT MANAGE FESTIVALTHE DOWNTOWN FARMERS'MARKET JANUARY J TO DECEMBER WHEREAS, # , RAFAEL CITY COUNCIL has determined that it is in ` City's best Rafaelinterest to obtain management services for the organization and operation of the Downtown San Farmers' Festival (hereinafter "Market"); and CONTRACTORWHEREAS, Next Generation Events, (hereinafter "CONTRACTOR") has experience in providing management services and special technical skills to ensure a successful Market; and WHEREAS, the CITY desires to employ o provide CONTRACTOR is willing and able to provide said services; and WHEREAS, all other CONTRACTOR costs for the Market will be paid by CONTRACTOR from Market gross receipts and shall not be an obligation of the CITY, and NOW, THEREFORE BE IT RESOLVED, tCITY COUNCIL hat herebyauthorizes CONTRACTOR,Director of Economic Development to execute an Agreement for Professional Services with be approved by • Farmers'!season(s). 1, ESTHER BEIRNE, City Clerk of the City of San Rafael, by fy «foregoing resolution was and « adopted at ! regular meeting of the CityCouncil held on the I • •day of November AYES; CC CILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: C C CII. MEMBE , None ABSENT: CCS CILMEMBERS: None A!:f . 4e-eRk-c� 4 ESTHER C. BEIRNE, City Clerk Exhibit A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND NEXT GENERATION EVENTS TO PROVIDE OPERATION AND MANAGEMENT SERVICES FOR THE DOWNTOWN FARMERS'MARKET FESTIVAL FROM JANAUARY 1, 2014 THROUGH DECEMBER 31,2016 This Ais made and entered into as of the I st day of January, 20 greement14, by and between the CITY OF SAN RAFAEL (hereinafter and NEXT GENERATION EVENTS, LLC (hereinafter "CONTRACTOR"). IN-Val-WAYM, WIIEREAS,, the CITY has determined that it is in its best interest to obtain management services for the organization and operation of the Downtown San Rafael Farmers' Market Festival (hereinafter "MARKET"); and WHEREAS, the CONTRACTOR has experience in providing such management services and holds special technical skills to ensure a successful MARKET; and WHEREAS, the CITY desires to employ the CONTRACTOR to provide such services and CONTRACTOR 'is wng and able to provide said services-, EMS1 DILVA I I . PROJECT COORDINATION. A. CITY. The Economic Development Manager shall be the representative of the CITY for all purposes under this Agreement. B. CONTRACTOR. Monique Anderson is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as follows.- organization and operation of the MARKET from April 2014 through September 2016. Duties include but are not limited to the following-. • Hiring, training all personnel, entertainment. and labor • Coordinating street closures with the CITY'S Event Coordinator and Police Department aCoordinating week I It y event cleanup its contracted labor paid for by MARKET • Recruiting and scheduling vendors and entertainment • Tracking financial data including revenue and expenditures for the event and providing that information to the City of San Rafael at the end of the season or as per requested by the City of San Rafael Meeting State certification requirements and reporting 0 Paying all expenses related to MARKET with the exception of Police overtime costs Advertising/Marketing the MARKET Meeting with the Farmers' Market Advisory Board on a regular basis 3. COMPENSATION OF THE CONTRACTOR. All compensation to CONTRACTOR shall be paid from MARKET gross receipts,, collected by CONTRACTOR, and shall not be an obligation of the CITY. Net receipts will be retained by the CONTRACTOR. 4. TERM OF AGREEMENT. The term of this Agreement shall be for three (3) years, commencing on January 1, 2014 and ending on December 31, 2016. Upon mutual agreement of the parties, and subject to the ,?.pproval of CITY, the term of this Agreement may be extended. 5. 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 CITY 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 CITY as soon as possible, but not later than thirty (30) days after termination. 6. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, 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 CITY or its agent in any such audit or inspection. 7. 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 ansing hereunder shall be void and of no effect. [Room A. During the to of this Agreement, CONTRACTOR shall maintain,, at no expense to CITY, the following insurance policies: 1. A comprehensive genera I t Inability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage,; I Exhibit A automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($ 1,000,000) dollars per occurrence; 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 8.A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution-, 2. Except for professional liability insurance, the insurance poes shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be *fically spendorsed to include •the CITY, its officers, agents, employees, and volunteers as eci additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. 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 thirty (30) days written notice to City's Risk Manager. 6. 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; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT DIRECTOR 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 CITY against all liability for i*nj*un*es 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 CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or I Exhibit A eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing paym'ei *f losses and related investigations, claims administration, attorney's fees and defense expenses. 0 CONTRACTOR shall indemnify, release, defend and hold harmless CITY, 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 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. 10. NONDISCRIMINATION. CONTRACTOR shall not discriminate in any way, against any person on the basis of ag sex, race, color, religion, ancestry, national origin or disability in connection with or related to th] performance of its duties and obligations under this Agreement. I 11. 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. 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 CITY, 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. 12. NO THIRD PARTY BENEFICIARIES. CITY 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 Areement, to the other pa grty. 13. 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 the United State's Postal Service. Notice shall be given as follows: TO CITY: Stephanie Covens Economic Development Manager City of San Rafael 1313 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 I Exhibit A TO CONTRACTOR: Monique Anderson Owner Next Generation Events P 0 Box 151695 San Rafael, CA 94915-1695 14. 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 CITY. CONTRACTOR and CITY expressly intend and agree that the status of 0 CONTRACTOR i, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 15. 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 CITY. 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. 16. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement,, contract or resolution for any unpaid taxes, fees, licenses, assessments,, unpaid checks or other amounts. 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, conditionordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other cons iderat ion 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 reguiation. I Exhibit A The prevag 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. CONTRACTOR shall obtain and maintain durinthe duration of this Agreement, a g 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 02-0548275, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 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. STEPHANIE LOVETTE Economic Development Manager ROBERT F. EPSTEIN City Attorney 11 MONIQUE ANDERS01 Owner L101 ESTHER B City Clerk INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. 0 SRRA/ SRCC AGENDA ITEM No. 301 DATE OF MEETING- November 18, 2013 FROM: Stephanie Lovette !1111!111 '11111111111q�� ii:ipplill DATE: October 31, 2013 gig llll III RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT MANAGER TO EXECII THREE YEAR PROFESSIONAL SERVICES AGREEMENT WITH NEXT GENERATION EVENT ioo TO MANAGE THE DOWNTOWN FARMERS'MARKET FESTIVAL JANUARY 1, 2014— DECEMBER 31, 2016 (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL /AGENCY AGENDA ITEM: DILZ ttl - L City Manager (sig atu- re) APPROVED AS TO FORM: I f -L City Attorney (signature) (11 p