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HomeMy WebLinkAbout2013/08/13 Item 13_ - -~~-~ CITY COUNCIL --~ AGENDA STATEMENT ~~ CITY OF CHUTA VISTA Item AUGUST 13, 2013 ITEDZ TITLE: RESOLUTIOI`T OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPONSORSHIP OF THE 20L3 HARBORFEST EVENT AND APPROVING AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE PORT OF SAN DIEGO AND THE CITY OF CHULA VISTA AND MCFARLANE PROMOTIONS AND APPROPRIATING $50.000 TO THE FISCAL YEAR 2013-2014 BUDGET FOR HARBORFEST 2013 SUBMITTED BY: MARKETING AND COMMUNICATIONS MANAGER J~ p~D REVIEWED BY. CITY MANAGER ASSISTAI~TT CITY TAGER CITY ATTORNEY 4/STNS VOTE: YES X NO SUA4MARI' The City of Chula Vista is collaborating Frith the Port of San Diego to hold HazborFest on September 21, 2013. The event will celebrate the 50'~ Anniversary of the Port of San Diego and promote entertainment and outdoor activities on the Chula Vista Ba}diont. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project' as defined under Section 15378- of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activit}~ is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 13-1 August 13; 2013 Item ~3 Page 2 of 2 DISCUSSION The City of Chula Vista is collaborating with the Port of San Diego to hold HarborFest. The event will celebrate the SOa' Anniversary of the Port of San Diego and support activation of the district Tidelands, promote and educate the public about the Port of San Diego with activities including interactive and informational environmental displays, tours. of tall ships, and other activities that promote the Port's SOth Anniversary. Activities include entertainment; a Kids Zone, live music performances, a Seafood Festival and Wine and Craft Beer Garden, a caz and boat show, and paddle boazd demonstrations. Potential City risks and liabilities have been mitigated through standazd levels of insurance required of the event provider and a special events policy to be purchased by the City and reimbursed out of event proceeds. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT The Port of San Diego is providing $50,000 in funding for the event. An additional $30,000 in sponsorship dollars have been secured to date. Other funds will be generated from event sponsorships, fees, and ticket sales. The City is providing $10,000 in in-kind services. It is intended that any services provided by the City before, during, or after the event will be reimbursed by event proceeds. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with this event. ATTACHMENTS A -Port of San Diego agreement B -McFarlane Promotions agreement 13-2 RESOLUTIO\' NO. 2013- RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF CHULA \%ISTA APPROVLN'G SPONSORSHIP OF I-LARBORFEST 2013: APPROVING AGREEMENTS BET\~%EEN THE CITY OF CHULA VISTA AND THE PORT OF S.AN DIEGO .AND BETWEEN THE CITY OF CHUZA VISTA AND MCFARLANE PRO?~40TI0\S : ~\D ACCEPTL\'G Sd0.000IN FU1DI\~G FRO\-f THE PORT OF S.AN DIEGO TO SUPPORT HARBORFEST 2013 ~\'HEREAS; the City Council supports collaborating with the Port of San Diego to celebrate the Port's ~0`s Anniversan~: and ~\%I-IEREAS. HarborFest 2013 includes m_~riad activities desiened to acti~~ate the Port and the Chula Vista Batifront: and \VHEREAS, the Agreement with the Port of San Dieeo outlines the scope of activities for the celebration of the Port's d0'h Anniversan~ at the HarborFest event and desienates 50.000 in fundine to the Cirv of Chula Vista to complete the activities: and ~4%HERE.AS; the Agreement «~th A4cFazlane Promotions subcontracts the event plannine and execution of activities identified by the Port of San Dieeo and the Cin' of Chula Vista. NOR'; THEREFORE; BE IT RESOLVED that the City Council of the Cirv of Chula Vista does hereby (1) approve the Sponsorship of the HarborFest; to be held on September 21, 2013, (2) approve an .Agreement between the Cit`~ of Chula Vista and the Port of San Diego, and an Aereement between the Cin' of Chula Vista and \4cFarlane Promotions. both in substantiallw_ the forms presented; with such minor modifications as maw be approved or required by the City Attorney, copies of which shall be kept on file in the office of the Cin' Clerk; and (3) appropriate funds therefor. Presented by Approved as to form by %~'~ " ,ter James D. Sandoval City A4anager Glen R. G;oogin`s~~ V CitiAuomey / J:Wttornev~INAL RESOS AND ORDINANCES~2013\08 13 13\Resolution Harbor Fest 8 8 13JA9D1.doc 8/8/2013 331 PD4 13-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glad R. Goggins`., t ~,,.C3ity Attorney ~, ~` Dated: AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PORT OF SAN DIEGO FOR HARBORFEST 2013 13-4 ATTACFLMENT A AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF CHULA VISTA for PRODUCTION OF CHULA VISTA HARBOR FEST 2013 AGREEMENT N0.60-2013 The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (District) and CITY OF CHULA VISTA, a municipal Corporation (City). The parties agree to the following: 1. SCOPE OF SERVICES. City shall enter into a contract with McFarlane Promotions, Inc. (Service Provider) in order to furnish all technical and professional labor, and materials to satisfactorily comply with Attachment A, Scope of Services, attached hereto and incorporated herein, as requested by District. City shall keep the Executive Director of the District or his designated representative informed of the progress of said services at all times. 2. TERM OF AGREEMENT. This Agreement shall commence on July 1, 2013 and shall terminate on December 31, 2013, subject to earlier termination as provided below. 3. -COMPENSATION. For performance of services rendered pursuant to this Agreement and as further described in Attachment B, Compensation and Invoicing, attached hereto and incorporated herein; District shall compensate City based on the following, subject to the limitation of the maximum expenditure provided herein: a. Maximum Expenditure. The maximum expenditure under this Agreement shall not exceed 550,000.00. Said expenditure shall include without limitation all sums, charges, reimbursements, costs and expenses provided for herein. City shall not be required to perform further services after compensation has been expended. In the event that the City anticipates the need for services in excess of the maximum Agreement Agreement No. 60.2013 Service Provider. City of Chula Visia Requesting Department: Marketing 8 Communica5ons Page 1 of 13 13-5 amount, the District shall be notified in writing immediately. District must approve an amendment to this Agreement before additional fees and costs are incurred. b. Payment Procedure. For work performed on an hourly basis (if any), Service Provider agrees to assign the person with the lowest hourly rate who is fully competent to provide the services required. If Service Provider finds it necessary to have work, which would usually be performed by personnel with a lower rate, performed by personnel paid at the higher hourly rate, Service Provider shall nevertheless, bill at the lower rate. c. Progress Documentation. City shall cause Service Provider to provide District progress reports in a format and on a schedule as District directs. Progress reports shall include a description of work completed, cumulative dollar costs incurred, anticipated work for the next reporting period, percentage of work complete, and the expected completion date for remaining work. The report shall identify problem areas and important issues that may affect project cost and/or schedule. The report shall present actual percent completion versus planned percent completion. 4. RECORDS a. City shall cause Service Provider to maintain full and complete records of the cost of services performed under this Agreement. Such records shall be open to inspection of District at all reasonable times in the City of San Diego and such records shall be kept for at least three (3) years after the termination of this Agreement. b. Such records shall be maintained by Service Provider for a period of three (3) years after completion of services to be performed under this Agreement No. 60-2073 Service Provider: City of Chula Vista Requesting Department: Marketing 8 Communications 2of13 13-6 Agreement or until all disputes, appeals, litigation or claims arising from . this Agreement have been resolved, whichever is later. c. City understands and agrees that District, at all times under this Agreement, has the right to review project documents and work in progress and to audit financial records, whether or not final, which Service Provider or anyone else associated with the work has prepared or which relate to the work which Service Provider is performing pursuant to this Agreement regardless of whether such records have previously been provided to District. City shall provide District at Service Provider's expense a copy of all such records within five (5) working days of a written request by District. District's right shall also include inspection at reasonable times of the Service Provider's office or facilities, which are engaged in the performance of services pursuant to this Agreement. Service Provider shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. Failure to provide the records within the time requested shall preclude City from receiving any compensation due under this Agreement until such documents are provided. 5. SERVICE PROVIDER'S SUB-CONTRACTORS a. City shall subcontract with Service Provider to perform and complete the required services. City shall remain responsible to District for any and all services and obligations required under this Agreement, whether performed by Service Provider or Service Provider's sub-contractors. City shall cause Service Provider to compensate each Service Provider's sub- contractor in the time periods required by law.. Any Service Provider's sub-contractors employed by Service Provider shall be independent Service Providers and not agents of City or District. City shall insure that Service Provider and any sub-contractors satisfy all substantive Agreement No. 60-2013 Service Provider: Ciry of Chula ~l~sta Requesting Department: Marketing 8 Communications Page 3 of 1 13-7 requirements for the work set forth by this Agreement, including insurance and indemnification. b. City shall also include a clause in its Agreements with City's sub- contractors which reserves the right, during the performance of this Agreement and for a period of three (3) years following termination of this Agreement, for a District representative to audit any cost, compensation or settlement resulting from any items set forth in this Agreement. This clause shall also require Service Provider's sub-contractors to retain all. necessary records for a period of three (3) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. 6. COMPLIANCE a. In performance of this Agreement, City, Service Provider and Service Provider's subcontractors and City's sub-contractors shall comply with the California Fair Employment and Housing Act, the American with Disabilities Act, and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of age, ancestry, color, creed, denial of family and medical care leave, disability, marital status, medical condition, national origin, race, religion, sex, or sexual orientation. City and Service Provider shall comply with the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable. b. City and Service Provider shall comply with all Federal and State laws, and District Ordinances and Regulations applicable to the performance of services under this Agreement as exist now or as may be added or amended. Agreement No. 60-2013 Service Provider: City of Chula Vista Requesting Department: Marketing & Communications Page 4 of 13 13-8 7. INDEPENDENT ANALYSIS. City shall provide the services required by this Agreement and arrive at conclusions with respect to the rendition of information, -advice or recommendations, independent of the control and direction of District, other than normal contract monitoring provided, however, City shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. 8. ASSIGNMENT. This is a personal services Agreement between the parties and City shall not assign or transfer voluntarily or involuntarily any of its rights,.duties, ' or obligations under this Agreement without the express. written consent of Executive Director (President/CEO) of District in each instance 9. INDEMNIFY, DEFEND, HOLD HARMLESS a. Duty to Indemnify, duty to defend and hold harmless. To the fullest extent provided by law, City agrees to defend, indemnify and hold harmless the District, its agents, officers or employees, from and against any claim, demand, action, proceeding, suit, liability, damage, cost (including reasonable attorneys' fees) or expense for, including but not limited to, damage to property, the loss or use thereof, or injury or death to any. person, including Service Provider's officers, agents, subcontractors, employees, ("Claim"), caused by, arising out of, or related to the performance of services by Service Provider as provided for in this Agreement or the Chula Vista Harbor Fest event, or failure to act by Service Provider, its officers, agents, subcontractors and employees. The Service Provider's duty to defend, indemnify, and hold harmless shall not include any Claim arising from the active negligence, sole negligence or willful misconduct of the District, its- agents, officers, or employees. b. City further agrees that the duty to indemnify, and the duty to defend the District as set forth in 9.a, requires that Service Provider pay all reasonable attorneys' fees and costs District incurs associated with or Agreement No. 60-2013 Service Provider. Ciry of Chula ~fista Requesting Department: Marketing & Communications Page 5 of 13 13-9 related to enforcing the indemnification provisions, and defending any Claim arising from the services of the Service Provider provided for in this Agreement. c. The District may, at its own election, conduct its defense, or participate in the defense of any Claim related in any way to this Agreement. If the District chooses at its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any Claim arising from the services of Service Provider provided for in this Agreement, Service Provider shall agree to pay all reasonable attorneys' fees and all costs incurred by District. 10. INSURANCE REQUIREMENTS a. City shall cause Service Provider at all times during the term of this Agreement to maintain, at its expense, the following minimum levels and types of insurance: (1) Commercial General Liability (including, without" limitation, Contractual Liability, Personal Injury, Advertising Injury, and Products/Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001) with limits no less than one million dollars ($1,000,000) per Occurrence and two million dollars ($2,000,000) Aggregate for bodily injury, personal injury and property damage. (a) The deductible or self-insured retention on this Commercial General Liability shall not exceed $5,000 unless District has approved of a higher deductible or self-insured retention in writing. Agreement No. 60-2013 Service Provider: City of Chula Vista Requesting Department: Marketing 8 Communications Page 6 of 13 13-10 (b) The Commercial General_Liability policy shall be endorsed to include the District; its agents, officers and employees as additional insureds in the form as required by the District. An exemplar endorsement is attached (Exhibit A, Certificate of Insurance, attached hereto and incorporated herein). (c) The coverage provided to the District, as an additional insured, shall be primary and any insurance or self- insurance maintained by the District shall be excess of the Service Provider's insurance and shall not contribute to it. (d) The Commercial General Liability policy shall be endorsed to include a waiver of transfer of rights of recovery against the District ("Waiver of Subrogation"). (2) Commercial Automobile Liability (Owned, Scheduled, Non-Owned, or Hired Automobiles) written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than one million dollars (51,000,000) combined single limit per accident for bodily injury and property damage. (3) Workers' Compensation, statutory limits, is required of the Service Provider and all sub-consultants (or be a qualified self-insured) under the applicable laws and in accordance with Workers' Compensation and Insurance Act", Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Employer's Liability, in an amount of not less than one million dollars (S1,000,000) each accident, S1,000,000 disease policy limit and 51,000,000 disease each employee. This policy shall be endorsed to include a waiver of subrogation endorsement, where permitted by law. Agreement No. 60-2013 Service Provides City of Chula vsa Requesting Department Marketing & Communications Page 7 of 13 13-11 b. City shall cause Service Provider to furnish District with certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies. A Certificate of Insurance in a form acceptable to the District, an exemplar Certificate of Insurance is attached as Exhibit A and made a part hereof, evidencing the existence of the necessary insurance policies and endorsements required shall be kept on file with the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such policies must be endorsed so that the insurer(s) must notify the District in writing at least 30 days in advance of- policy cancellation. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. c. The Certificate of Insurance must delineate the name of the insurance company affording coverage 'and the policy number(s) specifically referenced to each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, the addendum shall indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage. d. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on City or Service Provider or any tier of Service Provider's sub- contractors. District shall reserve the right to obtain complete copies of any of the insurance policies required herein. 11. ACCURACY OF SERVICES. City shall be responsible for the technical accuracy of its services and documents resulting therefrom and District shall not be respohsible for discovering deficiencies therein. City shall cause Service Provider to correct such deficiencies without additional compensation. City Agreement No. 60-2073 Service Provider CIty of Chula Vista Requesting Department: Marketing & Communications Page 8 of 13 13-12 shall cause Service Provider to make decisions and carry out its responsibilities hereunder in a timely manner and shall bear all costs incident thereto so as not to delay the District, the project, or any other person related to the project, including the Service Provider or its agents, employees, or subcontractors. 12. INDEPENDENT CONTRACTOR. City, Service Provider and any agent or employee of Service Provider shall act in an independent capacity and not as officers or employees of District. The District assumes no liability for the City's or Service Provider's actions and performance, nor assumes responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the Service Provider. Neither City nor Service Provider shall have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. City acknowledges that it is aware that because it is an independent contractor, District is making no deductions from its fee and is not contributing to any fund on its behalf. City disclaims-the right to any fee or benefits except as expressly provided for in this Agreement. 13. ADVICE OF COUNSEL. The parties agree that they are aware that they have the right to b.e advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. 14. INDEPENDENT REVIEW. Each party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence ' relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not Agreement No. 60-2073 Page 9 of 13 Service Provider: Ciry of Chula Vista Requesting Department: Marketing & Communications 13-13 contained herein of any other party, or any representative, agent or attorney of any other party. 15. INTEGRATION AND MODIFICATION. This Agreement contains the entire Agreement between the parties and supersedes all prior negotiations, discussion, obligations and rights of the parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the parties. No modifications, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the parties hereto. 16. OWNERSHIP OF RECORDS. Any and all materials and documents, including without limitation drawings, specifications, computations, designs, plans, investigations and reports, prepared by Service Provider pursuant toits contract with City shall be the property of City from the moment of their preparation and the Service Provider shall deliver such materials and documents to District at the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101) whenever requested to do so by District. However, Service Provider shall have the, right to make duplicate copies of such materials and documents for its own file, or other purposes as may be expressly authorized in writing by District. Said materials and documents prepared or acquired by Service Provider pursuant to this Agreement (including any duplicate copies kept by the Service Provider) shall not be shown to any other public or private person or entity, except as authorized by District. Service Provider shall not disclose to any other public or private person or entity any information regarding the activities of District, except as expressly authorized in writing by District. 17. DISPUTE RESOLUTION a.. If a dispute arises ouf of or relates to this Agreement, or the alleged breach thereof, and is not settled by direct negotiation or such other procedures as may be agreed, and if such dispute is not otherwise time Agreement No. 60-2013 Service Provitler: Ciry of Chula Vista Requesting Department: Marketing & Communications Page 10 of 13 13-14 barred, the parties agree to first try in good faith to settle the dispute amicably by mediation administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, prior to initiating any litigation or arbitration. Notice of any.such dispute must be filed in writing with the other party within a reasonable time after the dispute has arisen. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. b. If mediation is unsuccessful in settling all disputes that are not otherwise time barred, and if both parties agree, any still unresolved disputes may be resolved by arbitration administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, provided, however, that the Arbitration Award shall be non-binding and advisory only. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. On demand of the arbitrator or any party to this Agreement, sub-contractor and all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. c. The foregoing mediation and arbitration procedures notwithstanding, all claim fling requirements of the Agreement documents, 'the California Government Code, and otherwise, shall remain in full force and effect regardless of whether or not such dispute avoidance and resolution procedures have been implemented, and the time periods within which claims are to be filed or presented to the District Clerk as required by said Agreement, Government Code, and otherwise, shall not be waived, extended or tolled thereby. If a claim is not timely filed or presented, such claim shall be time barred and the above dispute avoidance and resolution procedures, whether or not implemented or then pending, shall likewise be time barred as to such claims. Agreement No. 60-2013 Service Provitler: City of Chula Vista Requesting Department Marketing & Communications Page 11 of 13 13-15 18. PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement does not represent that the District has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment, made an exhaustive inspection to check the quality or quantity of the services performed, made an examination to ascertain how or for what purpose the City has used money previously paid on account by the District, or constitute a waiver of claims against the City by the District. 19. CAPTIONS. The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 20. EXECUTIVE DIRECTOR'S SIGNATURE. It is an express condition of this Agreement that said Agreement shall not be complete. nor effective until signed by either the Executive Director (President/CEO) or Authorized Designee on behalf of the District and by Authorized Representative of the Service Provider. a. Submit all correspondence regarding this Agreement, including Insurance Certificates and Endorsements to: Jim Hutzelman, Manager Community Services San Diego Unified Port District P.O. Box 120488 San Diego, CA 921 12-0488 Tel. 619-686-6564 Fax.619-686-6373 Email: jhutzelm(a~portofsandiepo.org ***END OF PAGE*** Agreement No. 60-2073 Service Provitler: City of Chula Vista Requesting Department: Marketing & Communications Page 12 of 1 13-16 b. The Service Provider's Authorized Representative assigned below has the authority to authorize changes to the scope, terms and conditions of this Agreement: Jim Sandoval, City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Tel 619-691-5031 Email: jandoval@chulavistaca.gov c. Written notification to the other party shall be provided, in advance, of changes in the name or address of the designated Authorized Representative. SAN DIEGO UNIFIED PORT DISTRICT Michelle Ganon Director, Marketing & Communications CITY OF CHULA VISTA Jim Sandoval City Manager Approved as to form: PORT ATTORNEY CITY ATTORNEY Agreement No. 60.2073 Service Provitler: City of Chula vista Requesting Department: Marketing 8 Communications 1 13-17 ATTACHMENT A SCOPE OF SERVICES San Diego Unified Port District Service Provider will support activation of the District Tidelands; and promote and educate the public about the Port of San Diego through the following services: • Plan, using a professional event management entity, the production of a-major public event, Chula Vista Harbor Fest, on the bayfront of Chula Vista on September 21, 2013 with activities and capacity to attract and accommodate a minimum of 8,000 attendees, with the following elements: o Interactive and informational environmental displays-about San Diego Bay by prominent environmental organizations including the Living Coast Discovery Center, Audubon Society and US Fish & Wildlife Service; o Free to the public tours of San Diego Bay on SEAL tour vessels; o Informational displays on San Diego Bay's working waterfront of trade and industry by Port tenants including Marine Group Boat Works and San Diego Maritime Museum; o Educational displays regarding San Diego Bay's maritime history by the San Diego Maritime Museum, along with free tours of historic vessels including the tall ship Californian; o Public, maritime and water safety-related displays by prominent professional and government organizations including the US Power & Sail squadrons, the US Coast Guard Auxiliary and other federal, state and local law enforcement agencies as available; o Promotion of recreational opportunities on San Diego Bay through displays and opportunities related to kayaking and bicycling. o Space for the District in a prominent location for the District's 50th Anniversary booth, at which District staff can interact with the public attending Harbor Fest and distribute Port-related collateral; o Space for display of the Chula Vista Bayfront Master Plan and a plan for staffing of the display as agreed upon with District staff. Agreement No. 60-2013; Attachment A Service Provider: City of Chula Vista Requesting Department: Marketing 8 Communications 1 of 2 13-18 • Recognize the District as a sponsor of Chula Vista Harbor Fest through: o Logo placement on all pages on event website as well as all flyers, post cards and banners promoting the event o Mention in all newspaper, magazine and radio coverage as well as in all public service announcements, news releases, email blasts and social media o Verbal recognition in announcements at the event o Placement of Port banners at event ***END OF PAGE*** Agreement No. 60-2013; Attachment A Service Provider: Ciry of Chula Yista Requesting Department: Marketing 8 Communications Page 2 of 2 13-19 ATTACHMENT B COMPENSATION & INVOICING San Diego Unified Port District COMPENSATION a. For the satisfactory performance and completion of the services under this Agreement, District shall pay Service Provider compensation as set forth hereunder. §~ Yf- Mr4, "~`^`lDesc~i Lion''''i~~ti~~n,~:,~~~~_~:~ ~.~~~2~~.~:~"Amount ~~.~~=-,~ Execution of an agreement with Service Provider to perform $35,000.00 services listed in this A reement Presentation of documentation to District evidencing $15,000 completion of services listed in this Agreement in a form satisfacto to District 2. INVOICING a. Payment Documentation. As a prerequisite to payment for services, Service Provider shall invoice District for services performed and for reimbursable expenses authorized by this Agreement, accompanied by such records, receipts and forms as required. b. Service Provider shall include the following information on each invoice submitted for payment by District, in addition. to the information required in Section 1, above: 1) Agreement No. 60-2013 2) If applicable, the Task Authorization(s) (TA) number being charged. 3) The following certification phrase, with printed name, title and signature of Service Provider's project manager or designated representative: "I certify under penalty of perjury that the above statement is just and correct according to the terms of Document No. and that payment has not been received." 4) Dates of service provided 5) Date of invoice 6) A unique invoice number 7) Evidence of completion of event as described in paragraph 1. Agreement No. 60-2073; Attachment B Service Provider: City of Chula Vista Requesting Department: Marketing & Communications 13-20 c. District shall, at its discretion, return to Service Provider, without payment, any invoice, which has been submitted without the above information and certification phrase. d. Invoices shall be mailed to the attention of: Jim Hutzelman, Marketing & Communications Department, San Diego Unified Port District, P.O. Box 120488, San Diego, CA 92112-0488. e. Should District contest any portion of an invoice, that portion shall be held for resolution, but the uncontested balance shall be processed for payment. District may, at any time, conduct an audit of any and all records kept by Service Provider for the Services.- Any overpayment discovered in such an audit may be charged against the Service Provider's future invoices and any retention funds. f. Service Provider shall submit all invoices v/ithin -thirty (30) days of completion of work represented by the request and within sixty (60) days of incurring costs to be reimbursed under the Agreement. Payment will be made to Service Provider within thirty (30) days after receipt by District of a proper invoice. Agreement No. 60-2013; Attachment B Service Provitler. City of Chula Ysfa Requesting Department: Marketing ~8 Communications Page 2 of 2 13-21 EXHIBIT A CERTIFICATE OF INSURANCE San Diego Unified Port District By signing this form, the authorized agent or broker certifies the following: (1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies)] to the Insured and is (are) in force at this time. (2) As required in the Insured's agreement(s) with the District, the policies include, or have been endorsed to include, the coverages or conditions of coverage noted on page 2 of this certificate. (3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this certif sate. Return this forth to: San Diego Unified Port District -. clo Ebix BPO P.O. Box 12010-3 - Hemet, CA 92546-8010 -OR- - Email: sduod(odorod.certificatesnow.com - Fax: 1-866-866-6516 Name and Address of Insured (Consultant) SDUPD Agreement Number: This certificate applies.to all operations of named insureds on District ' property in connection with all agreements between the DisVict and Insured. CO LTR TYPE OF INSURANCE POLICY NO. DATES LIMITS Inception Date: Each Occurrence: Commercial General Liability ^ Occurrence Form $ ^ Claims-matle Form Retro Date Expiration Date: General Aggregate: ^ Liquor Liability Deductible/SIR: $ Inception Date:. Each Occurrence: Commercial Automobile Liability ^ All Autos Expiration Dale: $ ^ Owned Autos ^ Non-Owned & Hired Autos Workers' Compensation - Inception Date: E.L. Each Accident $ Statutory Expiration Date: E.L. Disease Each Employee $ Employer's Liability - E.L. Disease Policy Limit $ ExcesslUmbrella Liability Inception Date: Each Occurrence: $ Expiration Date: . General Aggregate: $ CO LTR COMPANIES AFFORDING COVERAGE A. M. BEST RATING A B C D A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A-VII or better unless approvetl in writing by the DisMcl. - Name and Address of Authorized Agent(s) or Broker(s) Phone Numbers Toll Free: Fax Number: E-mail Address: Signature of Authorizetl Agent(s) or Broker(s) Daie: Agreement No. 60-2013; Exhibit A Service Provider: City of Chula Vista Requesting Department: Marketing & Communications Page 1 of 2 13-22 SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT ENDORSEMENT NO. EFFECTIVE DATE POLICY NO. NAMED INSURED: GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES): All written agreements, contracts and leases with the San Diego Unified Port District and any and all activities or work performed on district premises Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The San Diego Unified Port District, its officers, agents, and employees are additional insureds in relation to those operations, uses, occupations, acts, and activities described generally above, including activities of the named insured, its officers, agents, employees or invitees, or activities performed on behalf of the named irisured. 2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance or self-insured retention carried by the San Diego Unified Port District will be called upon to contribute to a loss covered by insurance for the named insured. 3. This endorsement shall include a waiver of transfer of rights of recovery against the San Diego Unified Port District ("Waiver of Subrogation'. 4. The policy(ies) listed on this endorsement will apply separately td each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 5. 'As respects the policy(ies) listed on this endorsement, with the exception of cancellation due to nonpayment of premium, thirty (30) days written notice by. certified mail, return receipt requested, will be given to the San Diego Unified Port District prior to the effective date of. cancellation. In the event of cancellation due to nonpayment of premium, ten (10) days written notice shall be given. Except as stated above, and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements or exclusions of the policy(ies) to which this endorsement applies. (NAME OF INSURANCE COMPANY) (SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE) , MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION: San Diego Unified Port District clo Ebix BPO P.O. Box 12010-3 Hemet, CA 92646-6010 - OR - Email to: sduod(~prod.certificatesnow.com Fax: 1-866-866-6516 Agreement No. 60-2013; Exhibit A Page 2 of 2 Service Provider: City of Chula Vista Requesting Department: Marketing 8 Communications 13-23 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL _, Glen R. ~roogin ~ity Att -ney Dated: ~ ~ ~ ' ~ 3 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCFARLANE PROMOTIONS FOR HARBORFEST 2013 13-24 ATTACHD4ENT B PRODUCTION AGREEMENT This Agreement is effective this day of , 2ot3, beriveen McFarlane Promotions, Inc. ("Production Company°), ++zth a principal place of business at 656 5th Avenue, Suite B, San Diego, CA 9uoi and City of Chula Vista, a chartered municipal corporation ("Client"), with a principal place of business at 2~6 Fourth Avenue, Chula Vista, CA 9i9to. ARTICLE 1. TERM OF CONTRACT Section i.oi. This Agreement shall become effective upon execution by both parties and shall continue in effect until terminated as provided in this Agreement on October 3i~, zoi3: ARTICLE 2. SERVICES TO BE PERFORMED BY PRODUCTION.COMPANY Specific Serv=ices Section 2.01. Conditional upon receipt of an executed Agreement and receipt of the deposit as specified herein, Production Compan}= agrees to assist in coordinating an event for Harbor Fest in Chula Vista, CA on Saturday, September tin, 2013 by performing the scope of ~+°ork attached hereto as Exhibit A, and incorporated herein by the reference. Client agrees to pay directly for certain serv=ices including but not limited to advertising, printing, signage, audio visual, staging, rental items (tables, chairs, tents, etc.), porta potties, or other items agreed to by the parties, but only to the extent of available funds. Payment for these sen-ices must be pre- approved by Client. Method of Performing Serv=ices Section 2.02. Production Compan}= will determine the method, details, and means of performing the above-described ser~rices. Production Company shall expend its best efforts to meet the objectives of Client and, in doing so, strive to preserve the integrity of Client in its relationships. Producer agrees to abide by any policies and procedures established by Client during the term of this Agreement. Production Company will serve as asub-contractor to the Client and the designated "Service Pro«der' under the Agreement beriveen San Diego Unified Port District ("Port District") and City of Chula Vista for Production of Chula Vista Harbor Fest zo13 (the "Port Agreement,° attached hereto as Exhibit B and incorporated herein by this reference . Production Company's commitment to provide services hereunder shall include Production Compan}='s commitment to abide by the terms and conditions required of sub- contractors and the Serv=ice Provider as identified in the Port Agreement. In addition, Client agrees to perform certain activities identified in City of Chula Vista Acti+=ities attached hereto. as Exhibit C. ARTICLE 3. COMPENSATION Rate • Client agrees to pay Production Company the amount of S3o,ooo coordination fee plus any and all pre-approved expenses only to the extent of available funds. All coordination fee payments to be made based on the schedule below and full payment of the contract is due no later than September 20, 2013. Reimbursement expenses are to be billed at the end of each month and final reimbursements to be submitted no later than September C:\Users\annes\Documents\Harbor Fest\Combined Doc Harbor Fest o8 of ~3_as_dean.docx Pag~ 1 of 30, 2or3. 57;500 -due upon signing of agreement and City's receipt of its initial payment under the Port Agreement (deposit) • $15;000 -due by September 1, 2013 • 57;500 -due b}' September 20, 2013 Change in Rate Section 3.ot. Any client approved changes in design, location or scheduling to the contracted senrices may result in additional reasonable charges to the client for shipping, labor, construction and other related costs. Any conditions beyond the control of Production Company, including but not limited to weather conditions, venue changes and time chances, causing delays to setup or tear down may result in reasonable additional labor, transportation and other related costs. Production Company reserv=es the right to substitute proposed items ra~ith items of equal or greater ~=glue due to unexpected circumstances. Production Company's rate does not include costs for venue po+ver, rigging, fire ~+~atch, security, or on-site modifications ~+~hich may create additional costs subject to reimbursement. Not++~thstanding any other provision in this Agreement to the contrary, total compensation and expense reimbursement that maybe due and pa}=able to Production Company hereunder shall be limited to those charges reimbursable through funds available to the City under the Port Agreement or others+2se pro+=ided b}' event sponsors or event revenues reasonable projected based on an approved budget subject to Client prior reasonable approval Event Cancellation or Termination of Agreement by Client Section 3.02. The deposit paid upon execution of this Agreement is not refundable should the event be canceled or if this Agreement is terminated by Client. In addition, Client shall pay Production Company upon such cancellation or termination a termination fee equal to So% of any unpaid compensation where such cancellation or termination occurs on or before August r5, 2or3, ~5% ++=here such cancellation or termination occurs on or before September 6, 2or3, and roo% for any cancellation or termination occurring .thereafter, plus any actual direct costs expended or incurred by Production Company as a result of such cancellation or termination. Property Rights Section 3.03. All production and services shall remain the property of Production Company except as prov=ided in the Port Agreement. ARTICLE 4. OBLIGATIONS OF PRODUCTION COMPANY Non-Exclusive Relationship Section 4.01. Production Company may represent, perform sen-ices for, and contract ++ith as man}= additional clients, persons, or companies as Production Company, in its sole discretion, sees fit. Workers' Compensation Section 4.02. Production Company agrees to pro+~de ~,rorkers' compensation insurance for its employees and agents as required by law. C:\Users\annes\Documents\Harbor Fest\Combined Doc Harbor Fest. 08 or i3_as_clean.docx P~~ 2~~ s Insurance Section 4.03. Production Company agrees to provide the insurance and insurance certificates specified in Section 10 of the Pon Agreement. Both Client and the Pon District shall be named as additional insureds under the required CGL policy. Limited Liabiliri- Section 4.04. [Intentionally Deleted] Production Compan}''s Qualifications Section 4.05. Production Company represents that it has the qualifications and shills necessary to perform the services under this Agreement in a competent, professional manner. This means Production Company is able to fulfil] the requirements of this Agreement. Failure to perform all the sen-ices required under this Agreement constitutes a material breach of the Agreement. Indemniri~ Section 4.06. Production Compan} agrees to indemnifi, defend, and hold Client free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, attorne}°s' fees, and costs, that Client ma} incur as a result of a breach b}- Production Company of any representation or agreement contained in this Agreement. In addition, Production Compan}' shall defend; indemnify; protect and hold harmless the Client; its elected and appointed officers; agents and employees; from and against any and all claims; demands; causes of action; costs (including; without limitation attomeys fees), expenses, liability; loss; damage or injury, in law or equity, to property or persons, including ~~7ongful death, in any manner azising out of or incident to any alleged acts; omissions; negligence, or willful misconduct of Production Company; its officials; officers; employees; aeents; and contractors. azising out of or in connection with -the performance of the Defined Services or this Agreement. This indemnity provision does not include any claims; damages; liability; costs and expenses (including without limitations; attorneys fees) azising from the sole active negligence or ~yillful misconduct of the Client; its officers; employees. Production Companys obligation to indemnif`~ shall not be restricted to insurance proceeds; if any; received by the Client. its directors; officials; officers; employees; aeents; and/or volunteers. Production Company's obligations under Article V shall survive the termination of this Agreement. Assignment Section 4.o j. Neither this Agreement nor an}° duties or obligations under this Agreement map be assigned by Production Company without the prior ~eritten consent of Client in Client's sole discretion. ARTICLE j. OBLIGATIONS OF CLIFIVT Cooperation of Client Section 5A1. Client agrees to comply with all reasonable requests of Production Company and provide access to al] documents reasonably necessar}~ to the performance of Production Company's duties under this Agreement. C:\Users\annes\Documents\Harbor Fest\Combined Doc Harbor Fest o8 of i3_as_clean.docx P~„e 3~# 5 Assignment Section 5.02. Neither this Agreement nor any duties or obligations under this Agreement maybe assigned by Client ~+~ithout the prior ~+~ritten consent of Production Company. ARTICLE 6. GENERAL PROVISIONS Notices Section 6.01. Any notices required to be given under this Agreement by either party to the other may be effected by personal delivery in ++~riting or by mail, registered or certified, postage prepaid ~+-ith return receipt requested. Mailed notices must be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by gi~zng ++Titten notice in accordance with this paragraph. Notices delivered personally ~+*ill be deemed communicated as of actual receipt; mailed notices ~+ill be deemed communicated as of the day of receipt or the fifth day after mailing, ~~hichever occurs first. Entire Agreement of the Parties Section 6.02. This Agreement supersedes any and all agreements, either oral or ++~ritten, between the parties ~+-ith respect to the rendering of services by Production Company for Client and contains all of the representations, covenants, and agreements beriveen the parties ++~ith respect to the rendering of those services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement ~+711 be valid or binding. Any modification of this Agreement ~+111 be effective only if it is in ++'riting signed by the party to be charged. Partial Invalidity Section 6.03. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions ~+~ll continue in full force and effect ~+-ithout being impaired or invalidated in any way. Arbitration Section 6.04. Any controversy or claim arising out of or relating to this Agreement or the breach of the Agreement ++'ill be settled by arbitration in accordance ++'ith the rules of the American Arbitration Association. Each party shall bear its own costs in any such proceeding. Judgment on the award rendered by the arbitrators may be entered in any court ha~2ng jurisdiction over the award. Attorney's Fees Section 6.05. If any legal action or arbitration, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party ~2ll be entitled to reasonable attorney's fees, which may be set by the court or arbitrator in the same action or in a separate action brought for that purpose, in addition to any other relief to ~+vhich that party may be entitled. C:\Users\annes\Documents\Harbor Fest\Combined Doc Harbor Fest o8 m r3_as_clean.docx P~~ 4~~ 5 Governing La~~- Section 6.06. This Agreement ~+-i11 be go+°erned by and construed in accordance ++-ith the la+vs of the State of California. Executed at San Diego, California, on the date and ~~ear first above ++-ritten. D4cFarlane Promotions. Inc. Bv: Bv: Bv: Laurel D4cFarlane, CEO Cih' of Chula \%ista City D4anager James D. Sandoval Approved as to Form City Attorney-, Glen R. Googins C:\lisers\annes\Documents\Harbor Fest\Combined Doc Harbor Fest oS or r3_as_clean.docx P~~-'~~' EXHIBIT A PROMOTIONS, INC. Proposal of Event Services for Harbor Day Production and Technical Services Scheduling & Optimization • Work with client to establish an event budget • Create a timeline for the event • Coordinate with client to decide on format of the evening • Attend four pre-event meetings • Produce a production schedule of items, with all appropriate parties, outlining all steps in pre-production, load in of the event, the event, and load out of the event • Oversee the event before, during and affer the event • Write and disseminate appropriate thank you cards Management • Work with event managers to insure that production expenses do not exceed budgeted costs • Order and coordinate the power • Order and coordinate the audio for the event • Order and coordinate staging • Order and coordinate lighting for stage and venue (if needed) • Order and coordinate clean up and dumpsters • Order and coordinate porta potties/restrooms • Order and coordinate the EMT • Secure event radios for entire production staff • Coordinate Beer Garden • Order all rentals for the entire event (i.e. belly bars, bars, tables, chairs, tent, etc.) • Be the onsite rental coordinator for the venue • Make sure the rentals are going up on schedule • Make sure every booth and area has the necessary rentals • CAD drawing and Mapping Services • Coordinate backstage green rooms, vendor booths, Front of House, stage rentals, VIP, event belly bars, etc. • Secure and coordinate the street closure plan • Order all street closure signs, barricades, delineators, no park signs, etc. • Act as onsite street closure coordinator • Secure all event signage as necessary for the venue • Coordinate staff to assist with signage plans (~ , ~ ~x s ~r?i +G~4i~~~ r ~~Htr~'_`~, ¢.1+, J?, 1u ~~t~ZCrS y r. ~ • Create waste disposal design, scheduling, coordination, recycling and storm water plan • Create pre, during and post cleaning plan • Budget, coordinate & schedule security • Create all security post positions and instructions • Work with security on creating dot map • Create credential board for the security posts • Create all event credentials and credential definitions • Assist with all sponsor production requests Meetings and Permitting • Attend all community meetings • Attend all necessary internal; merchant and city meetings • Secure all special event permits the City of Chula Vista • Secure Health Department license for the event with the City of San Diego • Interact with Chula Vista city officials to include; o ABC o Traffic o Police o Fire o Risk management o Special Events Office o Health Department -City of San Diego o Electrical o Recycle o EMS o Park and Rec o Porf of San Diego o MTS o Etc. • Secure all necessary insurance from all production vendors naming the City of Chula Vista and client as additionally insured Retail & Food Vendor Coordination • Create vendor participation form • Mail & email out vendor form and follow up with phone calls • Secure all venue retail, food, food trucks and non-food vendors • Secure all vendor insurance and health permits necessary for the event • Secure all vendor payments • Coordinate all necessary rental and power needs for each vendor Make sure all vendors follow recycling and storm water regulations T ~ rR Y G ~ '~ mil{ '~ 1 R ~m~ ,}3 R4.~.c ~ ~ ~ ~ y , "i, t • Communicate with all participating vendors prior to event to make sure they are aware of all regulations, guidelines, etc. • Create temporary load-in parking passes for vendors and long-term passes (if applicable) • Handle all vendor calls/emails before, during and after event • Assist non-profits with all of their needs for the event if they receive booths • Fulfill all sponsorship booths and day of needs • Map out placement of all vendprs • Assist with load-in of all vendors to ensure they know their booth placement, stay within their allotted space and all of their needs are met • Act as liaison to all vendors during event • Coordinate the load out of all vendors to make sure residential and merchant guidelines are followed • Send thank you letters to participating vendors and follow up to make sure the event was successful from their perspective Kid's Zone • Create participation form for arts & crafts and interactive booths • Secure all participants utilizing current database and use of research to find fresh and exciting ideas • Coordinate outdoor games and contests with prizes • Secure entertainment for stage • Communicate with participants before, during and after event • Assist with any additional logistics, permits, etc. (if needed) • Coordinate layout and design • Secure all rental and power requirements for area • Create signage for each participant that corresponds with the ticket value • Organize any vendors or sponsor needs • Inform all participants of day-of information to include load in and out logistics, regulations, etc. • Coordinate load in and out of venue on event day • Work with participants to make sure they are in correct booth space and all needs are taken care of • Communicate with all participants about ticketing procedures • Send out thank you letters to all participants • Create schedule of children's activities, contests, etc. • Assign coordinator to oversee the schedule of the children's area Car Show • Create car registration form • Mail, collect and manage entries • Work with local Car Clubs to solicit their participation • Create a database of entries • Send out acceptance letter • Liaison for car entrants prior and during the event • Coordinate load in and parking of cars • Work with Fire Marshall to make sure all cars are following rules and city regulations • Coordinate load out of vehicles Entertainment Management • Research entertainment for the event • Secure and contract entertainment for all stages • Communicate all entertainment needs with appropriate vendors; i.e. sound, lighting, etc. • Review and follow through with all entertainment riders for event • Secure entertainment stage plots and input lists • Coordinate meals • Coordinate parking • Coordinate green room requirements • Finalize all equipment needs • Act as entertainment liaison for the show Sponsorship Information • Secure sponsor contracts once sponsors are confirmed • Invoice sponsors in timely matter to receive payment • Obtain logos, company information, advertisements, special deals and website link from sponsors to use on collateral materials and website • Maintain open relationship with sponsors to insure agreement and needs are met • Send thank you cards to sponsors arfer event and follow up to make sure they were pleased with participation McFarlane Promotions. Inc. Coordination Services Fee: $25.000 depending on final scope of services plus pre-approved expenses JS t ~j fit. ~i~~'4 ~l t~~ Yom' i. v~`}h ~~?~ Additional McFarlane Promotions, Inc. Services Media/Press Plan Television • Pitch live spots for pre-event & day of coverage to the following N Stations and act as media liaison, generate and distribute press release, PSA's media alerts, etc.: • KUSI - N • KFMB-N • KNSD - N • KGN - N • SD6 - N • FOX5-N • MYN13-TV • U-T TV Radio • Contact local radio stations to receive proposals for event promotion • Review Radio Contracts • Distribute event graphics, public service announcements, etc. to radio stations for promotions • Secure and distribute promotional materials (i.e. gift certificates, product, discounts, etc.) for Radio promotions • Make sure all event information is up on radio websites • Obtain sound clips from promotional spots for records Graphic Design • Create list of graphic design needs and send out for bids • Obtain bids from graphic designers and select graphics designer • Work with graphic artist to create and secure all collateral materials including but not limited to: -Advertising -Posters -Flyers -Beer Garden Tickets, etc. for the event -Programs -Merchandise x n, - Additional PR/Promotion Plan • Initial Calendar Item release to all media • Initial Press Release • Media Alert • Work with graphic designer on all collateral material • Create and secure all collateral materials including but not limited to; advertising, posters, flyers & tickets • Placement of promotional material (flyer, poster, etc.) in area restaurants, retail, bars, etc. Web Promotions • Upload event information to over 100 event web listings Twitter • Create or work with existing Twitter account and build a strong follower list Utilize Twitter to send updates to the public, publications and other followers with event updates including Kid's Zone, Car Show and Entertainment, as well as sponsorship fulfillment and more Facebook • Create or work with existing Facebook account and build a strong friend list • Utilize Facebook to send status updates to friends with event updates including Kid's Zone, Car Show and Entertainment, as well as sponsorship fulfillment and more Post Event Press Plan • Organize, write and distribute media recap to include all articles, calendar notices, press, and television coverage Fee for Media/Press Plan services $5,000 depending on final scope of services plus pre-approved expenses EXHIBIT B ATTACHMENT A SCOPE OF SERVICES San Diego Unified Port District Service Provider will support activation of the District Tidelands; and promote and educate the public about the Port of San Diego through the following services: • Produce a major public event, Chula Vista Harbor Fest, on the bayfront of Chula Vista on September 21, 2013 with activities and capacity to attract and accommodate a minimum of 8,000 attendees, with the following elements: o Interactive and informational environmental displays about San Diego Bay by prominent environmental organizations including the Living Coast Discovery Center, Audubon Society and US Fish & Wildlife Service; o Free to the public tours of San Diego Bay on SEAL tour vessels; o Informational displays on San Diego Bay's working waterfront of trade and industry by Port tenants including Marine Group Boat Works and San Diego Maritime Museum; o Educational displays regarding San Diego Bay's maritime history by the San Diego Maritime Museum, along with free tours of historic vessels including the tall ship Californian; o Public, maritime and water safety-related displays by prominent professional and government organizations including.the US Power & Sail squadrons, the US Coast Guard Auxiliary and other federal, state and local law enforcement agencies as available; o Promotion of recreational opportunities on San Diego Bay through displays and opportunities related to kayaking and bicycling. • Provide the District with space in a prominent location for the District's 50tH Anniversary booth, at which District staff can interact with the public attending Harbor Fest and distribute Port-related collateral; • Promote the Chula Vista Bayfront Master Plan with space for a separate display and staffing of the display as agreed upon with District staff. Agreement No. 60-2013; AttachmentA 13-36 Page 1 of 1 Service Provider: City of Chula Vista Requesting Department: Marketing & Communications EA"i~TT C Cih~ of Chula Vista Activities • Assist with securing seafood restaurants for the wine tasting • Assist with securing Baja Nines and Beer y • Securing all sponsors for the event • Translate all forms and descriptions into Spanish • Book entertainment for the Community Stage • Provide all production needs to the Communit~~ Stage -two weeks out • Book officials for announcements during the event 13-37