HomeMy WebLinkAbout05-31-19 - Agenda Pkg - Special Meeting CC Mtg
Page 1 City of Hermosa Beach Printed on 5/31/2019
City of Hermosa Beach 1315 Valley Drive
Hermosa Beach, CA
90254
Special Meeting Agenda
City Council
Mayor
Stacey Armato
Mayor Pro Tem
Mary Campbell
Councilmembers
Hany S. Fangary
Justin Massey
Jeff Duclos
Council Chambers Friday, May 31, 2019 6:00 PM
NOTICE OF SPECIAL MEETING AND AGENDA
PLEASE TAKE NOTICE that the Mayor of the City of Hermosa Beach has called a Special Meeting of
the City Council to take place at 6:00 p.m. on May 31, 2019, to consider and take action on
only those matters set forth on the agenda below.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC PARTICIPATION:
Although the City Council values your comments, the Brown Act generally prohibits the
Council from taking action on any matter not listed on the posted agenda as a business
item. Comments from the public are limited to three minutes per speaker.
1. REPORT APPROVAL OF THE LOCATION AGREEMENT WITH BOB BAIN
19-0361 PRODUCTIONS, INC. FOR THE 2019 TEEN CHOICE AWARDS
TO BE HELD ON THE BEACH SOUTH OF THE PIER ON
SUNDAY, AUGUST 11, 2019
(Community Resources Manager Kelly Orta)
Recommendation:Staff recommends that the City Council approve the Location Agreement with Bob Bain
Productions, Inc. for the 2019 Teen Choice Awards to be held on the beach south of the
Page 1 City of Hermosa Beach Printed on 5/31/2019
Pier on Sunday, August 11, 2019.
Attachments: 1. Teen Choice Awards Special Event Application 2. Location Agreement
ADJOURNMENT
FUTURE MEETINGS AND CITY HOLIDAYS
CITY COUNCIL MEETINGS:
June 5, 2019 - Wednesday - Adjourned Regular Meeting:
6:00 PM - Study Session
June 11, 2019 - Tuesday - 6:00 PM - Closed Session,
7:00 PM - City Council Meeting
June 25, 2019 - Tuesday - Meeting Cancelled
July 9, 2019 - Tuesday - 6:00 PM - Closed Session,
7:00 PM - City Council Meeting
July 18, 2019 - Thursday - Adjourned Regular Meeting:
6:00 PM - Joint Meeting with All Boards and Commissions
July 23, 2019 - Tuesday - 6:00 PM - Closed Session,
7:00 PM - City Council Meeting
August 13, 2019 - Tuesday - No Meeting (Dark)
August 27, 2019 - Tuesday - 6:00 PM - Closed Session,
7:00 PM - City Council Meeting
September 4, 2019 - Wednesday - Adjourned Regular Meeting:
6:00 PM - Study Session
September 10, 2019 - Tuesday - 6:00 PM - Closed Session,
7:00 PM - City Council Meeting
September 24, 2019 - Tuesday - 6:00 PM - Closed Session,
7:00 PM - City Council Meeting
October 2, 2019 - Wednesday - Adjourned Regular Meeting:
6:00 PM - Study Session
October 8, 2019 - Tuesday - No Meeting (Re-scheduled to Oct. 10)
October 10, 2019 - Thursday - Adjourned Regular Meeting:
6:00 PM - Closed Session and 7:00 PM - City Council Meeting
October 22, 2019 - Tuesday - 6:00 PM - Closed Session,
7:00 PM - City Council Meeting
November 6, 2019 - Wednesday - Adjourned Regular Meeting:
6:00 PM - Study Session
November 12, 2019 - Tuesday - 6:00 PM - Closed Session,
7:00 PM - City Council Meeting
November 18, 2019 - Monday - Adjourned Regular Meeting:
6:00 PM - Closed Session and 7:00 PM - City Council Meeting
November 21, 2019 - Thursday - Adjourned Regular Meeting:
6:00 PM - Mayor Rotation
November 26, 2019 - Tuesday - No Meeting (Re-scheduled to Nov. 18)
December 4, 2019 - Wednesday - Adjourned Regular Meeting:
6:00 PM - Study Session
December 10, 2019 - Tuesday - No Meeting (Re-scheduled to Dec. 12)
December 12, 2019 - Thursday - Adjourned Regular Meeting:
6:00 PM - Closed Session and 7:00 PM - City Council Meeting
December 24, 2019 - Tuesday - No Meeting (Dark)
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LOCATION AGREEMENT
This Location Agreement (“Agreement”) is made and entered into as of May 2, 2019 (the “Effective
Date”), by and between the City of Hermosa Beach (“Owner”) and Bob Bain Productions, Inc. (“Producer”).
WITNESSETH:
WHEREAS, Owner is the owner of the beach premises and facilities just south of the Hermosa Beach
Pier, which are more fully described in the City of Hermosa Beach Special Event Application Rules and
Regulations attached to this Agreement as Exhibit A (the “Application”), and incorporated herein by this
reference, including the grounds and all buildings and other structures located thereon, and all related
equipment, together with access to and egress from said property (the “Property”);
WHEREAS, Owner has the power and authority to grant the use of the Property for the purpose of
holding and presenting certain events;
WHEREAS, Producer desires to use the Property, and Owner desires to grant the use thereof to
Producer, for the purpose of holding and presenting the 2019 Teen Choice Awards (the “Show”), which shall be
taped live from the Property on August 11, 2019, and is intended for initial exhibition on Fox Broadcasting
Company, LLC (“FOX”), and a related pre-show music festival and dance party to be held on the Property on
the day of the Show, utilizing the same stage as the Show (the “Festival”) (the Show, the Festival, any pre-
Show and post-Show parties and events and any related programming are collectively referred to herein as the
“Event”), in accordance with the terms and conditions of this Agreement;
WHEREAS, Owner has confirmed to Producer in Owner’s letter dated March 25, 2019, and its Special
Event Permit dated as of May 23, 2019, attached to this Agreement as Exhibit B (the “Approval Letter”), and
incorporated herein by this reference, that all required approvals from Owner with respect to the Event have
been obtained by Producer, and no other approvals of Owner are required in connection with the Rights (as
defined below) granted hereunder. In the event of a conflict between the terms of this Agreement and those of
any Exhibit, the terms of this Agreement shall control.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, and intending
to be legally bound hereby, the parties agree as follows:
1. Rights. Owner hereby grants to Producer, FOX, and their parents, affiliates, subsidiaries, licensees,
agents, representatives, officers, directors, employees, contractors, vendors, suppliers, successors
and assigns the exclusive right during the Term (as defined below) to enter upon and utilize the
Property, its contents and the appurtenance for the purposes of holding, staging, producing,
photographing, filming, videotaping and recording (including, without limitation, sound recording)
and offering for sale to the public and otherwise distributing and offering food, beverages and
merchandise in connection with the Event, as applicable (with all methods of such, food, beverage
and merchandise sales and distribution of such, food, beverages and merchandise being conducted,
and any revenues therefrom being retained, solely by Producer and its designees), and in connection
with any advertising, promotion, marketing, publicity, or other material relating to the Event, and to
bring onto the Property such personnel, materials, vehicles and equipment, erect and construct sets,
staging, lighting and props, store such materials, conduct activities upon and photograph, film,
videotape and record (including, without limitation, sound recording) the Property as Producer
deems necessary in connection with the production, advertising, promotion, marketing, and publicity
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in connection with the Event and/or any related programming (the “Rights”). Producer and its
designees also shall have the exclusive right to sell sponsorships and/or advertising for and in
connection with the Event in Producer’s sole discretion, which may include without limitation
signage, branding, and giveaways and the like on the Property during the Term (as defined below),
subject to the restrictions, if any, set forth in the Special Event Permit. In connection with
Producer’s exercise of the Rights hereunder, Producer shall not remove or change any signs,
displays, interiors, exteriors or Owner-owned improvements and the like appearing on the Property
without Owner’s prior written approval, which shall not be unreasonably withheld, conditioned or
delayed. Producer may, but need not include any and all signs displays, exteriors, and the like
appearing on the Property and any names, marks, designs and logos of Owner or otherwise visible
on the Property, including without limitation the image of the Property itself, the Property’s name
and/or logo and Owner’s name and/or logo (collectively, the “Owner’s Marks”) in the photographs,
film, videotape and recordings of the Event and in connection with the production, advertising,
promotion, marketing, and publicity in connection with the Event and/or any related programming.
Without in any way limiting the foregoing, Owner grants Producer the right, without limitation, to
recreate at any time the look and feel of the Property, including all buildings, landscaping, fixtures,
furnishings, artwork and other features thereon, including without limitation Owner’s Marks, in
connection with any material (including without limitation advertising, promotion, marketing and
publicity) relating to the Event. Without in any way limiting the foregoing, Producer may refrain
from doing any or all of the foregoing in its sole discretion. The Event shall be free to the public and
no tickets will be sold or required to attend the Event.
2. Utilities, Parking and Support Personnel. During the Term, Owner shall provide Producer with
parking facilities as described in the Special Event Permit and access to and egress from such
facilities as are required by Producer in connection with the Event, and such utilities as are required
by Producer in connection with the Event, all in accordance with the Application, and as otherwise
mutually agreed between the parties hereto. Any Owner resources including without limitation
support personnel requested by Producer will be provided by Owner as mutually agreed between the
parties hereto, including Owner staff time for the planning and implementation of the Event. The
reasonable out of pocket costs of these resources and Owner staff time are to be reimbursed by the
Producer, subject to Producer’s prior written approval of such costs. The Owner will not schedule or
dedicate resources or Owner staff without mutually agreeing upon this scheduling and the total
reimbursable cost with the Producer. If additional resources are determined to be required above
what can be provided by the Owner, the Producer will secure and compensate these resources at its
own cost.
3. Term. The term hereof (the “Term”) shall commence on August 5, 2019, and shall continue
through and including August 12, 2019, unless modified by mutual agreement of the parties in
writing. Producer personnel may, prior to the commencement of the Term, enter, visit, photograph
or otherwise inspect the Property to plan and set up for production without additional charge. The
Term shall be subject to modification upon mutual agreement of the parties due to weather
conditions or other force majeure event(s). Producer will have the right to use the Property for
additional filming as may be necessary following the Term, and payment will be made pro rata in
accordance with the Fees (as defined below).
4. Fees. As compensation for the use by Producer of the Property during the Term and in full
consideration for all rights granted by Owner hereunder, Producer shall pay Owner the fees set forth
in the Application (the “Fees”), and any other costs Producer preapproves in writing consistent with
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the terms hereof For purposes of clarity, Owner shall not be entitled to participate in any revenue
derived from the Event, whether from, food, beverage or merchandise sales, sponsorships and/or
advertising, or any other revenues of Producer derived from or in connection with the Event.
5. Representations, Warranties and Indemnity of Owner. Owner represents and warrants that (a)
Owner has the right and authority to make and enter into this Agreement and to grant Producer the
rights set forth herein; (b) the consent or permission of no other person or entity is necessary; (c)
Owner shall take no action, nor allow or authorize any third party to take any action which might
interfere with Producer’s authorized use of the Property; and (d) the Property is maintained in
compliance with all applicable laws and regulations. Owner further represents and warrants that it
has general liability insurance coverage through Independent Cities Risk Management Authority
(ICRMA), a self-insurance pooling Authority. Coverage is in accordance with the terms and
provisions of the ICRMA Liability Protection Program. The coverage afforded is subject to all
the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the ICRMA.
6. Owner shall indemnify, defend and hold harmless Producer, FOX, their parents, affiliates,
subsidiaries, licensees, agents, representatives, officers, directors, employees, contractors, vendors,
suppliers, successors and assigns from any breach of the foregoing representations and warranties.
These indemnity obligations shall survive termination or expiration of this Agreement.
7. Condition of Premises After Use. Producer agrees to leave the Property in substantially the same
condition as when received by Producer, excepting reasonable wear and tear. If Owner claims that
Producer is responsible for any damage to the Property, Owner must notify Producer in writing
within five (5) business days of the date that Producer vacates the Property, which writing shall
include a detailed listing of all property damage for which Owner claims Producer is responsible.
Owner shall cooperate fully with Producer in the investigation of such claims, and permit Producer’s
investigators to inspect the property claimed to be damaged.
8. Producer’s Ownership of Photography and Recordings; Limitations on Owner’s Remedies. Owner
acknowledges and agrees that Producer has the right to photograph, film and record the Property,
and to broadcast, exhibit and otherwise exploit the photographs, film, videotape and recordings of
the Property and any and all buildings, structures, equipment, furnishings, works of art and other
objects located in or around the Property, as well as the Owner’s Marks, in any and all manner and
media whatsoever, whether now known or hereafter devised, throughout the universe in perpetuity,
solely in connection with the Event and any advertising, promotion, marketing, publicity, or other
material relating to the Event. Without in any way limiting the foregoing, all rights of every kind in
and to all photographs, film, videotape and recordings made on the Property (including, without
limitation, all copyrights) shall be and remain vested in Producer and its licensees, successors and
assigns in perpetuity, including, without limitation, the right to use and reuse all such photographs,
film, videotape and recordings. Neither Owner, nor any tenant, nor any other party having an
interest in the Property, shall have any claim or right of action against Producer or any other party
arising out of any use of the photographs, film, videotape and/or recordings hereunder. Without in
any way limiting the foregoing, Producer may refrain from doing any or all of the foregoing,
including without limitation, exhibiting the Event, in its sole discretion. Producer shall use good
faith efforts to encourage FOX to consider in good faith providing Owner upon request a reasonable
number of digital copies of photographs of the Event, but in no event will Producer or FOX be
obligated to provide any such photographs. If FOX elects to approve such Owner request, Owner
will abide by the terms and conditions set forth in a separate written agreement.
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9. Producer Free to License. Owner agrees that Producer may license, assign and otherwise transfer
this Agreement and all rights granted by Owner to Producer under this Agreement to any person or
entity; provided, however, that upon any such assignment by Producer, Producer shall remain
secondarily liable for its obligations under the Agreement unless such assignment is to: (a) a so-
called “major” or “mini-major” (as customarily understood in the motion picture industry) motion
picture company or to a U.S. free or pay television network or other financially responsible party
which assumes in writing all of Producer’s obligations under this Agreement; (b) an entity into
which Producer merges or is consolidated; (c) an entity which acquires all or substantially all of
Producer’s business and assets; or (d) a person or entity which is controlled by, under common
control with, or controls Producer; in which event Producer shall be relieved of its obligations
hereunder.
10. Termination. Producer shall have the right to cancel this Agreement at any time prior to the Show.
Upon Producer's cancellation of this Agreement, neither Producer nor Owner shall have any
obligations whatsoever under this Agreement. Any and all sums previously paid by Producer for
services rendered or application or permit fees pursuant to this Agreement shall be nonrefundable.
In the event Owner fails to perform or observe any of the conditions or obligations in this
Agreement, Producer shall provide Owner with written notice specifying the failure with
particularity, and Owner shall have two (2) business days from its receipt of such notice to cure such
failure, provided that in the event such failure occurs on or after August 9, 2019, and prevents
Producer from producing all or any portion of the Event, Producer shall have the option to
immediately terminate this Agreement with no further obligation to Owner, and Owner shall refund
all payments previously made to it by Producer.
11. Limitation of Liability. To the maximum extent permitted by law, in no event will either party be
responsible for any incidental damages, consequential damages, exemplary damages of any kind,
lost goodwill, lost profits, lost business and/or any indirect economic damages whatsoever regardless
of whether such damages arise from claims based upon contract, negligence, tort (including strict
liability or other legal theory), a breach of any warranty or term of this Agreement, and regardless of
whether a party was advised or had reason to know of the possibility of incurring such damages in
advance. Owner’s sole remedy for breach of this Agreement by Producer shall be an action for
money damages. In no event will Owner be entitled to injunctive relief.
12. Insurance. Producer shall obtain and maintain in force for the duration of this Agreement a policy
of commercial general liability and property damage insurance, insuring Owner its elected and
appointed officers, agents, and employees from claims for damages for personal injury, including
death, as well as from claims for property damage which may arise from Producer’s actions and
performance under this Agreement, whether or not done by Producer or anyone directly or indirectly
employed by Producer. Such insurance shall have a combined single limit of not less than
$2,000,000. Owner, its elected and appointed officers, agents, and employees shall be named as
additional insureds on the policy. Producer shall furnish Owner, prior to the execution of this
Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do
business in California, and an endorsement to each such policy of insurance evidencing that each
carrier is required to give Owner at least 10 days prior written notice of the cancellation during the
term of the Agreement. All required insurance policies are subject to approval of the City Attorney.
Failure on the part of Producer to procure or maintain said insurance in full force and effect shall
constitute a material breach of this Agreement; in such event Owner may pay any premiums therefor
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at Producer’s expense. Producer shall also carry Worker’s Compensation Insurance for all
Producer’s employees to the extent required by the State of California.
13. Indemnity. Owner and Producer shall indemnify, protect, defend and hold harmless one another,
and their officers, employees and agents, from and against any and all losses, liabilities, damages,
costs and expenses, including reasonable outside attorney’s fees and costs which arise out of, pertain
to, or relate to the indemnifying party’s negligent or wrongful performance of its obligations under
this Agreement, provided such claims are not caused by negligence or misconduct of the other party.
These indemnity obligations shall survive termination or expiration of this Agreement.
14. Notices. All notices hereunder shall be deemed duly given if (i) personally delivered with a signed
receipt evidencing such delivery, (ii) mailed by certified mail, return receipt requested, postage
prepaid, or (iii) delivered by duly recognized overnight courier, with confirmation to the following
addresses:
Owner: City of Hermosa Beach
Community Resources Department
710 Pier Avenue
Hermosa Beach, CA 90254
Producer: Bob Bain Productions, Inc.
c/o Hutson Company, Inc.
2211 Corinth Avenue, #300
Los Angeles, CA 90064
Attn: Adam Hutson
15. Press Releases. Owner agrees not to issue any press, press releases or other public statements,
including but not limited to, speaking to the press about the Event or Owner’s involvement in the
Event, or posting statements, comments, and/or pictures on any social networking website (or any
other website, service, platform, program, or application) about the Event, without Producer’s and
FOX’s prior written permission. Owner agrees not to use Producer’s or FOX’s name, logos,
trademarks or other proprietary marks in any manner without their prior written approval.
16. Miscellaneous. This Agreement is binding upon and inures to the benefit of the heirs, executors,
administrators, representatives, successors and assigns of the parties hereto. This Agreement, and all
Exhibits incorporated herein, is the entire agreement between the parties hereto with respect to its
subject matter and may be amended only by a written instrument signed by all of the parties. If any
part of this Agreement is declared invalid or unenforceable by a court of law, such invalidity or
unenforceability shall not affect the remainder of this Agreement. No failure to enforce any term of,
or to exercise any right under this Agreement shall constitute a waiver of any such right or any
subsequent breach thereof. Nothing in this Agreement shall be deemed to create a partnership or
joint venture between the parties. This Agreement may be executed in counterparts and as so
executed shall constitute one agreement, and each counterpart shall be deemed to be an original,
binding on all parties hereto. A facsimile signature, scanned signature or other similar electronic
reproduction of a signature shall have the force and effect of an original signature, and in the absence
of an original signature, shall constitute the original signature. This Agreement shall be construed in
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accordance with and is governed by the laws of the State of California, relating to contracts made
and fully performed therein, without reference to choice of laws provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
AGREED TO AND ACCEPTED BY:
OWNER
Mayor Date
City Manager Date
ATTEST
City Clerk Date
APPROVED AS TO FORM
City Attorney Date
PRODUCER
Bob Bain Productions, Inc. Date
EXHIBIT A
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885
March 25, 2019
Mr. Bob Bain, President
Bob Bain Productions
707 N. Douglas Street
El Segundo, CA 90245
Via Email: Bobbainproductions@gmail.com
Dear Mr. Bain,
Thank you so very much for pitching Hermosa Beach as the site of the 2019 Teen
Choice Awards to your team. Your application has been approved as submitted for a
show date of Sunday, August 11, 2019, with corresponding setup and strike days to
include August 5 through August 12 on the beach just south of the Hermosa Beach
Pier. We are thrilled to be the host city and are excited about an event that promises to
bring excited teenagers to our beautiful coast. With so many ways our sweet teens have
disengaged from the public space, I cannot tell you how meaningful it is to us to re -
introduce them to an asset that is inherently theirs – the beach.
In addition, this letter will confirm that all required approvals from the City of Hermosa
Beach have been obtained. We understand that a more formal location agreement will
be prepared and executed by both parties prior to the event.
Please know that our Community Resources Department along with the rest of our team
are available to assist you in bringing this event to fruition in our lovely City.
Very Truly Yours,
Suja Lowenthal
City Manager
EXHIBIT B
Special Event Permit – Teen Choice Awards 1
CITY OF HERMOSA BEACH
SPECIAL EVENT PERMIT
I. Permit
CITY OF HERMOSA BEACH (“City”) hereby grants approval to Bob Bain
Productions, Inc. (“EVENT PLANNER”) for use of Pier Plaza, the beach south of the
Pier, and nearby locations as mutually agreed upon (the “SITE”) as the location for
the 2019 Teen Choice Awards (the “Show”), which shall be taped live from the SITE
on August 11, 2019, and is intended for initial exhibition on Fox Broadcasting
Company, LLC (“FOX”), and a related pre-show music festival and dance party to be
held on the Property on the day of the Show, utilizing the same stage as the Show
(the “Festival”) (the Show, the Festival, any pre-Show and post-Show parties and
events and any related programming are collectively referred to herein as the
“EVENT”).
The permission granted herein for conduct of the EVENT on the SITE, shall
commence from 6:00am on Monday, August 5 and terminate at 8:00pm on Monday,
August 12, 2019, including set up and tear down.
This Permit is revocable at any time for violation of conditions of approval, the
Hermosa Beach Municipal Code or any applicable regulation or law.
II. Event Planner’s Obligations (checked boxes denote applicable obligations)
1. Not more than 60 days and not less than 30 days in advance of the EVENT,
EVENT PLANNER shall:
☒ a) Damage deposit: Post a wire transfer (subject to an additional charge not to
exceed $30), ACH, bond, cashier's check or letter of credit, in the amount of $10,000
as compensation for any damage that may occur to physical property or other costs
arising from EVENT PLANNER’S use of the SITE. The bond or other surety shall
provide that in the event the EVENT PLANNER fails or refuses to clean up and
restore the SITE to its original condition or fails or refuses to compensate City for
other physical damage, City may, at its option, make demand upon the surety for
such cash payment as is required to perform such work.
☒ b) Insurance: Provide to City a policy of comprehensive general liability
insurance with a combined single limit of not less than $2,000,000.00 per
occurrence. Such insurance shall (a) name the City, its appointed and elected
officials, officers, employees and agents as insured’s; and (b) be primary with
respect to any insurance or self-insurance programs maintained by the City; and (c)
contain standard cross-liability provisions. EVENT PLANNER shall furnish properly
executed certificates of insurance to City, which certificates shall clearly evidence
all coverage required above and provide that such insurance shall not be materially
changed, terminated or allowed to expire except on thirty (30) days prior written
Special Event Permit – Teen Choice Awards 2
notice to City; and further, shall provide that if the EVENT PLANNER fails to pay
any required deductible or self-insured retention, City may do so at EVENT
PLANNER’s expense.
☒ c) Event fees: EVENT PLANNER shall tender any outstanding fees associated
with the City’s Special Event Application process a minimum of 30 days prior to the
EVENT unless non-profit, per participant fees apply for payment immediately
following the event.
☒ d) Permits and approvals: EVENT PLANNER shall obtain all necessary permits
and approvals for the EVENT as set forth in the completed Special Event Application
or otherwise required by the City (e.g., business license, street banner approval,
light pole banner requests, etc.). The City acknowledges that this is deemed
satisfied, provided that any structures erected on the SITE shall be subject to
approval by the City’s Building Department as and when applicable.
☒ e) Provide City with the name and event day telephone number of its designated
representative for the event, and/or the names of designated representatives who
will be physically on the property for the entire duration of the EVENT if different
from that stated on the Special Event Permit Application;
☒ f) Notify all residents and businesses. The notice shall be in writing and shall
include the date and time of the EVENT; closure information for road, Pier, Strand
or other public areas including date(s) and time(s); shuttle and parking information;
and the telephone number of the designated represe ntative. Said written notice
shall be provided to the City through electronic copy not less than 1 week prior to
distribution for review and approval;
2. Commencing with the date and time this permit authorizes the use by the EVENT
PLANNER for the EVENT, EVENT PLANNER shall:
☒ a) Fence the entire EVENT area during set-up or tear-down that utilizes heavy
equipment;
☒ b) Provide adequate portable restroom facilities; required number of wash
basins; and required number of ADA accessible restroom facilities for the EVENT
as mutually agreed upon by the City and EVENT PLANNER;
☐ c) Provide adequate first aid facilities and staff;
☐ d) Secure its own telephones and telephone lines for the EVENT;
Special Event Permit – Teen Choice Awards 3
☒ e) Install a protective barrier around the perimeter of the EVENT on a date and
time as mutually agreed upon by the City and EVENT PLANNER . EVENT
PLANNER shall be responsible for removal of the barrier upon completion of the
EVENT. Said barrier(s) shall structurally and aesthetically fulfill the City’s
requirements for said barrier(s);
☒ f) Ensure that the EVENT includes adequate access and seating to
reasonably accommodate the needs of the disabled;
☒ g) Provide its staff and a reasonable number of designated City
representatives with proper credentials and identification for access to the EVENT
and SITE area;
☒ h) Clean, restore, resurface and make operational the SITE to the satisfaction
of the City (notwithstanding the clean-up activities described in Section III.7) upon
completion of the EVENT and no later than the post -event walk-through described
in Section III.9.;
☐ i) Maintain six (6) posted volleyball courts on the north side of the Pier for
recreational use;
☐ j) Install and maintain six (6) posted, temporary volleyball courts on the south side
of the Pier for recreational use.
☐ k) Pay to City the total sum of all mutually approved costs for all personnel,
materials, equipment, and disposal fees incurred by City in connection with SITE
preparation and clean-up activities and associated repairs described in Section
III.7., including overhead and indirect costs. Payment shall be made within 60
days of receipt of invoice from City;
☐ l) DO NOT EXTEND PAST NOBLE PARK WITH ANY EVENT RELATED
EQUIPMENT, SUPPLIES, OR SET UP.
☒ m) Provide adequate trash container(s) and scheduled pick-up(s) as mutually
agreed upon by the City and EVENT PLANNER utilizing the City’s preferred
refuse vendor.
3. Conduct the EVENT in accordance with all materials included in the complete Special
Event Application for the EVENT approved by the City, including but not limited to the
EVENT Site Plan, Parking Plan, Safety/Security Plan, Green Matrix, and Accessibility
Plan. If information on any Special Event Application materials has changed from that
which was approved by the City, EVENT PLANNER shall notify the City within 24 hours
of any such change. Please see Attachment A for additional event details.
Special Event Permit – Teen Choice Awards 4
4. EVENT PLANNER’s obligations shall be completed in the time periods set forth above
and notice of items not completed to City’s satisfaction shall be given to EVENT
PLANNER in writing. EVENT PLANNER shall have seven days from receipt of notice
to complete the obligation, except in the event of an emergency. Any obligations not
completed within the dates set forth above may be completed by City and EVENT
PLANNER shall reimburse City on a time and materials basis.
III. Services to be Provided by City
☒ 1. Representatives of the City, including any required police and fire officials
necessary to complete required inspections, and EVENT PLANNER shall
perform a walk-through of the SITE at a time mutually agreed upon by the City
and EVENT PLANNER, at which time the condition of the SITE shall be duly
noted in writing by said representatives, and shall specifically identify any existing
damage or other abnormalities and City shall repair anything identifie d as a
potential hazard or liability prior to EVENT PLANNER taking possession of the
SITE.
☐ 2. Facilitate closing of streets impacted by the SITE on the date(s) and time(s)
mutually agreed upon by the City and EVENT PLANNER.
☒ 3. Approve text of notices as required by Section II. f. above.
☐ 4. Provide, at no additional cost, the following:
a) _____ collection containers with a storage capacity of not less than twenty-
five (25) gallons each;
b) Collection vehicle and crew to empty the cans on the SITE;
c) Street sweepers.
☒ 5. Ensure that, to the best of the City’s knowledge, all other organized activities will
be excluded from the SITE during the EVENT.
☒ 6. Provide a 24-hour contact person who shall be available in the event of
emergency during the time EVENT PLANNER maintains possession of the SITE.
☐ 7. Perform clean-up at cost to EVENT PLANNER as established in the Special Event
Permit Application for the EVENT, or in accordance with actual cost if the amount
of clean-up exceeds the EVENT fees, which shall include but is not limited to:
☐ a. Removal and disposal from public property all no-parking signs, litter and
debris located at the SITE at cost to EVENT PLANNER;
Special Event Permit – Teen Choice Awards 5
☐ b. Steam cleaning of sidewalks, garages and hardscape surfaces as required at
the SITE at cost to EVENT PLANNER;
☐ c. Repair of any irrigation damage to landscaped medians, planter beds, lawn
areas and the SITE grounds;
☐ d. Renovation of all turf and shrubs on landscaped medians, planter beds, lawn
areas on the SITE;
☐ e. Removal and disposal of trash receptacles placed on public areas of the
SITE;
☐ f. Restoration of all public areas impacted by the EVENT, including public
streets, to the same conditions prior to the EVENT.
8. The City shall submit itemized invoices to EVENT PLANNER for all work described
above within 90 days of the EVENT. Said invoices shall include an itemized breakdown
of costs associated with the cleanup of SITE. In addition, the City will provide an
itemized invoice listing all time and materials used in the repair of City facilities.
9. Subsequent to the EVENT, and after EVENT PLANNER completed its cleanup process
of the premises, a post-event walk-through shall be conducted by the representatives
of the City and EVENT PLANNER, at which time any damages or other abnormalities
which may have arisen as a result of the use of the premises by EVENT PLANNER
shall be duly noted in writing by said representatives, it being understood that the City
(1) shall undertake to repair and/or replace any damaged property; and (2) shall bill
EVENT PLANNER for the cost thereof. The foregoing notwithstanding, EVENT
PLANNER shall remain responsible for any later-discovered damage as a result of the
EVENT that was not reasonably visible during the walk-through. Walk thru shall be
held at a time mutually agreed upon by the City and EVENT PLANNER.
IV. Notices
All notices and communications shall be sent to the parties at the following addresses:
The City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Bob Bain Productions, Inc.
c/o Hutson Company, Inc.
2211 Corinth Avenue, #300
Los Angeles, CA 90064
Attn: Adam Hutson
Special Event Permit – Teen Choice Awards 6
V. Indemnification
EVENT PLANNER shall hold harmless, defend and indemnify the City and County of Los
Angeles, its officers, employees and volunteer from and against any and all liability, loss,
damage expense, and costs (including without limitation reasonable outside costs and fees
of litigation), of every nature arising out of or in connection with production and performance
of the EVENT or its failure to comply with any of its obligations contained in th is Permit
except to the extent such loss or damage was caused by the negligence or willful
misconduct of the City.
EVENT PLANNER shall pay promptly any judgment rendered against City and County of
Los Angeles, their respective officers, agents or employees, for any such claims, damages,
penalties, obligations and/or liabilities.
VI. Authority
The person executing this Permit for EVENT PLANNER certifies that s/he has full authority
to sign on behalf of EVENT PLANNER and to bind EVENT PLANNER to the foregoing
conditions.
VII. Revocation
EVENT PLANNER hereby accepts all of the foregoing conditions and understands and
acknowledges that the foregoing conditions must remain satisfied at all times during the
EVENT for this Permit to remain valid.
EVENT PLANNER further acknowledges that in the event that the EVENT is causing a
violation of State law or upon a reasonable determination that the EVENT has become a
threat to public safety and such violation or threat cannot be timely cured by EVENT
PLANNER with the reasonable assistance of City, the highest ranking City police officer or
fire personnel on duty at the time of such reasonable determination shall be empowered to
bring the EVENT to an orderly conclusion as required to cure the violation or threat.
VIII. Miscellaneous Provisions
This permit is personal to the EVENT PLANNER and may not be transferred, assigned or
otherwise conveyed without the consent of the City except in accordance with the Location
Agreement entered into as of May 2, 2019 by and between the parties hereto.
Neither party will use the other party’s name, logos, trademarks or service marks in any
manner without the other party’s prior written approval except in accordance with the
Location Agreement entered into as of May 2, 2019 by and between the parties hereto .
This permit grants permission solely for the EVENT described above on the day(s) and
time(s) indicated on the SITE.
Nothing in this permit shall be construed as creating a partnership, joint enterprise or other
contractual arrangement between City and EVENT PLANNER. The EVENT is a privately
sponsored event; it is not a City event and is not sponsored by the City.
Special Event Permit – Teen Choice Awards 7
APPROVED BY:
City:
Signature Kelly Orta
Date 05/23/2019
Address: 710 Pier Avenue, Hermosa Beach, CA 90254
Telephone No. 310.318.0280
Applicant:
Signature
Event Planner Representative
Print Name
Address:
Telephone No
Special Event Permit – Teen Choice Awards 8
ATTACHMENT A
2019 Teen Choice Awards (Live on FOX)
August 5 - 12, 2019 │ Beach south of the Pier
Additional event details and policies include:
• All cables on hard surfaces shall be covered with cable covers or other dedicated
equipment to prevent trip hazards. The utilization of tape for this purpose is not permitted.
• All cables on the sand shall be buried to prevent trip hazards.
• Overnight security (provided by EVENT PLANNER) will be present each day equipment
of any kind is left on site and throughout the total days of the permit.
• All event equipment must be at least 10 feet away from the easternmost portion of the
Strand wall/walkway.
• Flaggers (wearing orange vests) are required to surround any moving vehicle on the
Strand and Pier Plaza at all times while these areas remain open to the public. Flaggers
shall temporarily stop pedestrian traffic to allow vehicle(s) to safely traverse.
• Generators on the sand must be placed in a catch pan with a lip around the entire
perimeter to catch any spills. Refueling of the generators is not permitted on the beach at
any time.
The following non-exclusive list of event details will be determined and mutually agreed upon
between the City and EVENT PLANNER:
• Site plan for all areas being used as part of the EVENT that includes placement of all
EVENT-related equipment.
• Closures of road(s), Pier, Strand and other public areas including applicable traffic control
plans.
• Safety and security plans.
• EVENT-related vehicle parking plan, use of City-parking lots, and shuttle service for
attendees.
• Itemized schedule of the delivery; building; unloading; loading and removal of all EVENT-
related equipment and structures schedule including an itemized schedule of associated
activities.
• Vehicle route(s) for EVENT-related activities pertaining to loading and unloading of
equipment and talent drop off and pickup.
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 19-0361
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of May 31, 2019
APPROVAL OF THE LOCATION AGREEMENT WITH BOB BAIN
PRODUCTIONS, INC. FOR THE 2019 TEEN CHOICE AWARDS
TO BE HELD ON THE BEACH SOUTH OF THE PIER ON
SUNDAY, AUGUST 11, 2019
(Community Resources Manager Kelly Orta)
Recommended Action:
Staff recommends that the City Council approve the Location Agreement with Bob Bain Productions,
Inc. for the 2019 Teen Choice Awards to be held on the beach south of the Pier on Sunday, August
11, 2019.
Executive Summary:
The City of Hermosa Beach is a highly sought-after destination for special events,especially on its
expansive beach and downtown area.Bob Bain,producer of the annual Teen Choice Awards (TCA),
has requested to hold this event on the beach south of the Pier on Sunday,August 11,2019.
Although staff has already provided an administrative approval,allowable through the special event
approval policy,the production team requires the execution of a formal Location Agreement prior to
formally announcing the upcoming show as well as putting aspects of event planning into motion.
The formal announcement of the show triggers a fundamental aspect of the event,which is the ability
for teens to begin casting their votes.Being able to do so with sufficient time prior to the awards show
creates the urgency to hold a special meeting of the City Council.City staff,City Attorney,and TCA
staff have worked the last few weeks to develop and finalize the Location Agreement for Council
consideration.Staff recommends that the City Council approve the Location Agreement for the Teen
Choice Awards to be held on Sunday, August 11, 2019.
Background:
In late January 2019,Bob Bain,producer of the Teen Choice Awards (TCA),presented the
opportunity for the City of Hermosa Beach to host this annual event on the beach south of the Pier in
a similar footprint to the City’s annual Summer Concert Series.This will be the first time the TCA is
held in an outdoor venue since its inception in 1999.Over the last several months,the City’s Special
Event Team has been preliminarily working with the TCA production team to envision this event and
to affirm that the required event logistics can safely and effectively take place on the City’s beach and
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Staff Report
REPORT 19-0361
to affirm that the required event logistics can safely and effectively take place on the City’s beach and
surrounding areas.
Discussion:
The TCA is an annual award show that targets the teenage demographic,ages 13-17,allowing them
an opportunity to cast their votes through various online and social media sites for a series of award
categories that honor the year’s biggest achievements in music,film,sports,and more.The
comprehensive event includes a red carpet for the arrival of celebrities and performers;a pre-show
music festival that will be live-streamed online;and a two-hour awards ceremony,that will air live on
FOX Network Primetime.There will be multiple live music performances in both the pre-show music
festival as well as the awards ceremony from today’s popular bands,which will be announced at a
future date.This will be a free event and open for all ages and strives to produce an enjoyable and
memorable event for the teenage demographic.
Upon receiving the completed Special Event Application (Attachment 1),staff provided an
administrative approval,allowable through section D of HBMC 12.30.030,due to the confidentiality
and timing it needed to effectively begin the logistical,financial,and safety preparations an event of
this size requires.As a formality required by the TCA production team,the Location Agreement (
Attachment 2)is necessary to announce the event and allow teens the ability to begin casting their
votes.
The Location Agreement outlines the following key provisions:
·A term of August 5,2019 to August 12,2019,which will include setup,event,and post-event
cleanup activities.
·Confirmation that all applicable special event fees will be charged accordingly,and that the
City will be compensated for TCA’s use of City resources deemed necessary as a result of the
event.
It is important to note that the details included in the Special Event Application (Attachment 1)are
preliminary and are likely to change once staff and the TCA production team are able to finalize event
logistics.This should be considered foundational information that staff and the TCA production team
will utilize to ensure that they properly take into consideration all planning and event-related items.
This event is an exciting addition to the month-long calendar of events that the City traditionally hosts
each August as part of the Summer Concert Series and Movies on the Beach events.Staff has
preliminarily started to determine if these events can share staging and other event-related
infrastructure to further limit the number of days necessary for the installation and removal of
equipment on the beach.
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Staff Report
REPORT 19-0361
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s
General Plan. Relevant Policies are listed below:
·Parks &Open Space Goal 3.Community parks and facilities encourage social activity and
interaction.
·3.1-Community-friendly events.Encourage,permit,and support community group,
nonprofit,or business organized events on City property that support physical activity,
beach culture, and family-friendly social interactions.
·3.2-Social and cultural events.Design and program parks and open space to
accommodate unique social and cultural events to foster connectedness and
interaction.
·3.4-Balance space needs.Balance the space needs and demand on public resources
of formal and informal events.
Fiscal Impact:
Special events fees payable to the City for this event total an estimated $115,940. This includes very
rough estimates of reimbursable costs for City resources and applicable events fees known at this
time.
Attachments:
1.Teen Choice Awards Special Event Application
2.Location Agreement
Respectfully Submitted by: Kelly Orta, Community Resources Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director
Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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