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CITY COUNCIL FEBRUARY 1, 2021 CONSENT CALENDAR

SUBJECT: UPDATE ON THE 2021 ELTON JOHN AIDS FOUNDATION OSCARS FUNDRAISER

INITIATED BY: PUBLIC SAFETY DEPARTMENT (Kristin Cook, Director) (Cleo Smith, Event Services Manager) (Megan Reath, Event Services Supervisor) (Kerry McCormack, Event Services Coordinator)

______________________________________________________________________ STATEMENT ON THE SUBJECT: The City Council will receive an update regarding the 2021 Elton John AIDS Foundation’s annual Oscars fundraising event and affirm the City Manager’s authority to negotiate an agreement with the Elton John AIDS Foundation for the use of City property for a largely virtual event.

RECOMMENDATIONS: 1) Receive an update regarding the 2021 Elton John AIDS Foundation’s Oscars

fundraising event in light of public health orders related to COVID-192) Affirm the authority of City Manager or his designee to negotiate an

agreement with the Elton John AIDS Foundation related to its 2021 Oscarsfundraising event; authorize City Manager or his designee to executedocuments incident to the agreement.

BACKGROUND / ANALYSIS:

Elton John AIDS Foundation The Elton John AIDS Foundation (EJAF), established in 1992, is one of the world’s leading independent AIDS organizations; its mission is to be a powerful force in the end to the AIDS epidemic. A 501c3 non-profit organization, EJAF funds programming that provides essential services for affected persons. Direct services include HIV/AIDS related medical and mental health treatment, testing and counseling, food distribution, assisted living, social service coordination, prevention and harm reduction. It also supports organizations that spread awareness, advocate for policy change, and put an end to the stigma and discrimination associated with HIV. EJAF awards grants targeting undeserved regions and marginalized populations where resources are less available. The organization raises funds through corporate support, institutional grants, contributions from individual donors, and through events such as its world renown, annual Oscars party.

AGENDA ITEM 2.K.

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Event History in West Hollywood Since 2004, the City of West Hollywood has Co-Sponsored the annual Elton John AIDS Foundation’s Oscars Viewing Party. Historically, the event, which has been held in West Hollywood Park since 2012, has included a ticketed, black-tie dinner for guests to view a telecast of the Oscars award show, followed by a live auction and live musical performances. Later in the evening, the event opened its doors to additional guests for a night of dancing and celebration. The event, which is regularly attended by celebrities, philanthropists, and Oscar winners, prominently features West Hollywood in its significant global media coverage. In 2020, EJAF’s 28th annual Oscar Viewing Party raised over $6.4 million to continue the foundation’s work. For the past 17 years, Council has approved the Co-Sponsorship of the Oscar Viewing Party, waiving City fees such as the Special Event Permit fee, street and lane closure fees, parking meter and encroachment fees, Building Permit fees, Electrical Permit fees and Post-Event Inspection fees. At its meeting on November 4, 2019, the City Council approved Item 2.T (Attachment A), which authorized a new three-year Co-Sponsorship of the Oscar Viewing Party for years 2020, 2021 and 2022. It also authorized the City Manager or his designee to negotiate annual agreements with EJAF related to its event for each of those years, including minor changes in the fee waivers. The City’s agreement with EJAF is re-negotiated annually to reflect updated facility uses, street closures and fees that relate to each year’s event.

2021 Planning Update in Light of Public Health Orders The COVID-19 pandemic has impacted in-person gatherings and large events globally, including the 2021 EJAF Oscars event. In response to the pandemic, the Academy of Motion Picture Arts and Sciences moved the date of the 2021 Oscars from Sunday, February 28 to Sunday, April 25. Due to the continued uncertainty of the pandemic and evolving public health orders and guidelines, EJAF is working with its event producer and partners to re-imagine the upcoming 2021 Oscars event to a largely virtual format. While the 2021 event will be different from EJAF’s past Oscars events in West Hollywood, the exact specifications of the event remain in development. The event will be significantly reduced, likely with no guests onsite, and with a more minimal impact on West Hollywood Park and City facilities; it may include elements such as live performances broadcast to a virtual audience. The production of any such elements would strictly follow all Los Angeles County Department of Public Health guidelines and protocols for production and filming. Unlike previous years, such specifications are not likely to be confirmed until much closer to the event in order to align with the public health orders that are active at that time.

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For this reason, staff recommends that Council once again give authority to the City Manager or his designee to negotiate an agreement with the Elton John AIDS Foundation, which would allow for more flexibility in confirming specific City facility uses closer to the date of the event. Historically, the City has waived largely the same types of fees related to the event as a component of its Co-Sponsorship, varying only slightly year to year based on the specifications of that particular year’s event. Such fee waivers have included permit fee waivers, street and lane closure fee waivers, and fee waivers related to the use of certain City facilities. As part of its past agreements with the City, EJAF has been responsible for the more substantial costs related to the event, paying for the use of City property, including parking lots and garages, as well as a negotiated fee for the exclusive use of northern section of West Hollywood Park for the duration of its event window. EJAF has also executed contracts with LASD for its public safety support and paid its own traffic control expenses. The 2021 agreement would seek to uphold the traditional financial relationship with the event, in which certain City fees are waived in conjunction with the City’s Co-Sponsorship and EJAF absorbs the same types of costs that it has in the past. City staff continue to monitor and follow all guidelines set by the Los Angeles County Department of Public Health ensuring businesses and producers comply with the “Reopening Safer at Work and In the Community for Control of COVID-19” Order and its related appendices related to permitted gatherings and creative activities. All activities proposed by EJAF and its event producers will be vetted with the Los Angeles County Department of Public Health in order to ensure compliance with the most current event production and filming protocols. Over the years, the annual Oscars Viewing Party has raised millions of dollars, which have allowed the foundation to continue providing advocacy, testing, treatment, and prevention services for people at risk or living with HIV. The organization also began a COVID -19 Emergency Fund in April 2020 stating in part, “We are launching a new COVID-19 Emergency Fund that can protect the people we have always sought to serve through HIV care, treatment and prevention, as well as mitigating the damage that COVID-19 can do, particularly to the global gains we are making for more than 37 million people already living with HIV.”

EJAF has been unable to host any fundraisers since the pandemic and remains committed to producing a safe and compliant Oscars fundraiser this year, through a modified event format.

CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item is consistent with the Primary Strategic Goal(s) (PSG) and/or Ongoing Strategic Program(s) (OSP) of:

• OSP-8: Enhance the Cultural and Creative Life of the Community.

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In addition, this item is compliant with the following goal(s) of the West Hollywood General Plan:

• HS-2: Support and encourage arts and culture in West Hollywood.• HS-3: Promote a community with strong social networks and cross-cultural

interaction.

EVALUATION PROCESSES: The annual Elton John AIDS Foundation Oscars fundraiser is a high-profile, legacy event whose impact on the community has historically been minimal. This event supports the City of West Hollywood’s branding and economic growth. Staff will lead a post-event debrief with the event organizers to evaluate the event’s impacts.

ENVIRONMENTAL SUSTAINABILITY AND HEALTH: Event organizers will work with City staff as well as the City’s waste management provider and meet all the required waste removal, recycling and environmental guidelines.

COMMUNITY ENGAGEMENT: Impacted community stakeholders will be notified of any potential impacts through a formal notification process. Additional information is available through the City Calendar. If event elements pose a potentially significant impact to local traffic, advance placement of electronic message boards will be required.

OFFICE OF PRIMARY RESPONSIBILITY: PUBLIC SAFETY DEPARTMENT / EVENT SERVICES DIVISION

FISCAL IMPACT: None. At its November 4, 2019 meeting, the City Council approved the waiver of certain fees associated with the EJAF Oscars event for the following three years, as a part of the City’s co-sponsorship. Such fee waivers included the Special Event Permit fee, street and lane closure fees, parking meter and encroachment fees, Building Permit fees, Electrical Permit fees and Post-Event Inspection fees. At the time of the November 4, 2019 Staff Report, such fees were estimated at $17,368 annually. The estimates were based on the City’s fee schedule at that time as well as the previous years’ event specifications. Since the 2021 event specifications are currently in development, which specific City fees would be waived, and the amount of such waivers is unknown at this time. However, with a significantly reduced footprint and modified event plan, Staff does not anticipate that waivers would exceed previous years.

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Similarly, the amount that EJAF is responsible for in 2021 will be directly related to the specifications of the event, which are still in development. As a reference, EJAF paid the City $52,386 related to its 2020 event.

ATTACHMENTS: ATTACHMENT A – Item 2.T from the November 4, 2019 City Council Agenda - Approval of a Three-Year Co-Sponsorship for the Annual Elton John AIDS Foundation Oscars Event

ATTACHMENT A

APPROVED

ttILel

CITY COUNCIL NOVEMBER 4, 2019

CONSENT CALENDAR

SUBJECT: APPROVAL OF A THREE YEAR CO-SPONSORSHIP FOR THE

ANNUAL ELTON JOHN AIDS FOUNDATION OSCARS EVENT

INITIATED BY: ECONOMIC DEVELOPMENT DEPARTMENT

Francisco Contreras, Acting Director (v

Cleo Smith, Event and Film Services Manage

Megan Reath, Event and Film Services Superviso` A

Beth Smith, Event and Film Services Coordinator

STATEMENT ON THE SUBJECT:

The City Council will consider the request to co-sponsor the annual Elton John AIDSFoundation Oscar Viewing Event from 2020 through 2022, including a request toauthorize the City Manager to negotiate annual agreements with Elton John AIDSFoundation.

RECOMMENDATIONS:

1) Approve a three year co-sponsorship of the Elton John AIDS Foundation OscarViewing Event, to be held in West Hollywood Park. The 2020 event date is

Sunday, February 9, 2020. The 2021 and 2022 dates have yet to be determined.

2) Authorize the City Manager or his designee to negotiate annual agreements withElton John AIDS Foundation related to its Oscar Viewing Party and CharityFundraiser for years 2020, 2021 and 2022, including minor changes in the feewaivers outlined in this staff report.

3) Approve a City of West Hollywood Permit to Use City Property Agreement withElton John AIDS Foundation that defines facility uses, street closures, and theterms of the relationship between the City and the Elton John AIDS FoundationOscar Viewing Event. The agreement will be substantially similar to AttachmentA.

4) Approve the waiver of certain Building and Safety Permit Fees, EncroachmentPermit Fees, Filming Permit Fees, Intermittent Traffic Control Fees, ParkingMeter Fees, Post Event Inspection & Facility Repair Fees, Special Event PermitFees, Street Closure Fees, Temporary Lane Closure Fees, and Temporary ValetFees for 2020, 2021 and 2022 events, as outlined in the Fiscal Impact section ofthis staff report.

BACKGROUND / ANALYSIS:

Since 2004 the City of West Hollywood has co-sponsored the Elton John AIDSFoundation Oscar Viewing Party and Charity Fundraiser.

In 2016, City Council approved a three-year co-sponsorship of the annual Elton John

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AGENDA ITEM Z. T.

AIDS Foundation Oscar Viewing Party and Charity Fundraiser, a premiere, high profileannual event. The co-sponsorship of this event has been mutually beneficial with lowimpact to the community. Elton John AIDS Foundation is responsible for the more

substantial costs related to facility uses for the event and public safety fees. The City' sco-sponsorship has been related to the special event permitting fee waivers.

Staff recommends that Council approve another three-year co-sponsorship of the eventfor years 2020, 2021 and 2022.

The 2020 event date is Sunday, February 9, 2020. The 2021 and 2022 dates have yet

to be determined.

For the 2020, 2021 and 2022 events, staff will work closely with the Elton John AIDSFoundation and its event producers to mitigate the impacts of West Hollywood Park

construction on the event while considering community impact.

The agreement, re- negotiated annually will reflect updated street closures and facilityuses that are similar to years past with exception of uses that are modified due to WestHollywood Park Phase 2 construction mitigations.

CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST

HOLLYWOOD GENERAL PLAN:

This item is consistent with the Primary Strategic Goal(s) ( PSG) and/or OngoingStrategic Program( s) ( OSP) of:

OSP- 8: Enhance the Cultural and Creative Life of the Community.

In addition, this item is compliant with the following goal(s) of the West HollywoodGeneral Plan:

HS- 2: Support and encourage arts and culture in West Hollywood.

HS- 3: Promote a community with strong social networks and cross-culturalinteraction.

EVALUATION PROCESSES:

Elton John AIDS Foundation is a high profile legacy event that has minimal impact onthe community. This event supports the City of West Hollywood' s branding andEconomic Growth. Evaluation of potential impacts to surrounding businesses andneighbors will be addressed in the event de-briefing.

ENVIRONMENTAL SUSTAINABILITY AND HEALTH:

Event producers will work directly with the City Environmental Programs Coordinator onwaste management services, will contract directly with the City's waste managementprovider and meet all of the required recycling and environmental guidelines.

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COMMUNITY ENGAGEMENT:

City stakeholders are informed through Special Event Permitting notification andadvance placement of electronic message board' s pre-event. Additional notification is

available through the External City Calendar.

OFFICE OF PRIMARY RESPONSIBILITY:

ECONOMIC DEVELOPMENT DEPARTMENT/ EVENT AND FILM SERVICES

DIVISION

FISCAL IMPACT:

This item requests that the City Council waive certain fees associated with the event forthe next three years ( 2020, 2021 and 2022), these fees include (per year):

Major Special Event Permit Non- profit Fee: 1, 250

Full Street Closure Fee: 8,500

Temporary Lane Closure Fees: ($ 350 x 11 days) 3,850

Parking Meter & Encroachment Fees: (7 meters for 16 days) 2, 240

Post Event Inspection & Facility Repairs 195

Building Permits: 677

Electrical Permits: 656

TOTAL 17, 368

The fee waiver dollar amounts shown above are considered estimates based on current

fee schedules, with this in mind, the waived amounts may change in the future if the feeschedules are updated. The intent of this item is to waive the fees listed above for the

three years indicated.

Elton John AIDS Foundation shall be responsible for the following fees and Cityexpenses each year; the dollar amounts provided are estimates based on prior years,

the final fees paid by Elton John AIDS Foundation will be calculated each year.

Negotiated rate for park use: 39,000

Five Story Parking Structure Fee: 4,050

Melrose Lot Fee (8 days): 1, 275. 10

Basketball Court Refurbishment Fee: 2,000

Landscaping Repairs: 8, 500

Bench Removal and Install Fee: 135

TOTAL 54,960. 10

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Each year the Elton John AIDS Foundation will also be required to provide the city witha $ 25, 000 deposit before the issuance of any permits for the event. This deposit will be

used to off-set a portion of the costs shown previously.

Any other fees associated with the event that are from other agencies will be paiddirectly to those agencies. The table below shows fee waivers and city revenues overthe three year period covered in this staff report.

AMOUNT DESCRIPTION

17, 368 This item requests the waiver of City fees annually, for the next threeyears. Values are approximate.

ATTACHMENTS:

Attachment A : Draft of City of West Hollywood Permit to Use City Property

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ATTACHMENT A

CITY OF WEST HOLLYWOOD

PERMIT TO USE CITY PROPERTYBY ELTON JOHN AIDS FOUNDATION

I. Permit for Use of Facility

CITY OF WEST HOLLYWOOD ("City") hereby grants approval to Elton John AIDSFoundation ("EJAF") for use of the northerly portion of WEST HOLLYWOOD PARK

the park"), as the site for the 2020 Elton John AIDS Foundation Academy AwardsOscar) Viewing Party. The permission granted herein for the park proper, northerly

park areas and the basketball courts shall commence at 8: 00 A.M., Wednesday,

January 29, 2020 and terminate at 10: 00 A.M., Thursday, February 13, 2020. EJAF will

have use of the following areas as described in paragraph II A., 2., Five Story ParkingStructure, Melrose Lot, North Alley, Auditorium and San Vicente Boulevard.

II. Elton John AIDS Foundation' s Obligations

A. EVENT

1. No later than 5: 00 P. M., Monday, January 20, 2020 Elton John AIDS

Foundation ( EJAF) shall:

Post a bond, letter of credit, cashier's check, wire transfer or other suretyacceptable to City in the amount of $25, 000 as compensation for any damage

to physical property or other costs arising from Elton John AIDS Foundation' suse of the North Park areas, Basketball Court area, Five Story ParkingStructure, Melrose Lot, Auditorium and San Vicente Boulevard between

Santa Monica Boulevard and Melrose Avenue. The bond or other surety shall

provide that in the event Elton John AIDS Foundation fails or refuses to cleanup and restore the Site (as defined in Section A.2. below) or fails or refuses tocompensate City for physical damage that occurred to the Site from 8: 00A.M., Wednesday, January 29, 2020 through 10: 00 A.M., Thursday, February13, 2020, City may, at its option, make demand upon the surety for such cashpayment as is required to perform such work;

2. No later than 5: 00 P. M., Monday, January 20, 2020 Elton John AIDS

Foundation ( EJAF) shall:

a) Provide evidence of commercial general liability insurance in anamount of not less than five million dollars ($ 5, 000, 000) per occurrence

and automobile liability coverage ( to include owned, non- owned and

hired automobile coverage) in an amount of not less than one milliondollars ($ 1, 000,000) per occurrence for bodily injury, personal injury,and property damage. Such insurances shall ( a) name the City, its

1

ATTACHMENT A

appointed and elected officials, officers, employees, agents and

volunteers as additional insured' s; and ( b) be primary and non-contributory with respect to any insurance or self-insurance programsmaintained by the City; and ( c) contain standard cross- liabilityprovisions; and ( d) provide a Waiver of Subrogation in favor of statedadditional insureds. EJAF shall also maintain and evidence Workers'

Compensation Insurance and Employer's Liability Insurance for itsemployees in accordance with the laws of the State of California. Theinsurer shall agree to waive all rights of subrogation in favor of the City,its officers, agents, employees, and volunteers. This provision shall

not apply if EJAF has no employees performing work under thisAgreement. Evidence of all insurance coverage shall be provided to

City on properly executed ACCORD form Certificates of Insurance withaccompanying policy endorsements which shall clearly evidence allcoverages required above and provide that such insurance shall not be

materially changed, terminated or allowed to expire except on thirty30) days prior written notice to City.

EJAF shall require any subcontractor hired to similarly maintaincommercial general liability insurance with limits of no less than onemillion dollars ($ 1, 000,000) per occurrence and automobile insurance

of not less than three hundred thousand dollars ($ 300, 000) combined

single limit for each occurrence all naming itself and the City, its

appointed and elected officials, officers, employees, agents and

volunteers as additional insured on a primary and non- contributorybasis. Each subcontractor shall evidence Workers Compensation and

Employer's Liability Insurance for its employees in accordance with thelaws of the State of California and provides a waiver of subrogation in

favor of the City, its officers, agents, employees, and volunteers

b) Obtain all necessary permits for the event;

c) Provide City with the name of its designated representative for theevent;

d) Provide City Staff credentials for access once event production beginson Wednesday, January 29, 2020 and credentials for access to theevent on Sunday, February 9, 2020.

e) Negotiate a private entity contract with the Los Angeles CountySheriffs Department for security at the event;

f) Provide a full page in the event program book for the City's use inrecognition of the City's co-sponsorship and continued support of theevent.

g) Pay all fire inspector and building inspector related fees;

2

ATTACHMENT A

h) Comply with all Alcoholic Beverage Control conditions and restrictions;

i) Comply with all County of Los Angeles Department of Public Healthconditions and restrictions;

3. Commencing with the date and time this permit authorizes the use by EltonJohn AIDS Foundation of City's property, Elton John AIDS Foundation shall:

a) Have use of the northerly part of West Hollywood Park for the 2020Elton John AIDS Foundation Fundraiser. Elton John AIDS

Foundation' s use of the northerly portion of West Hollywood Park asshown in Attachment A will begin at 8: 00 A.M., Wednesday, January29, 2020 and vacate by 10: 00 A.M., Thursday, February 13, 2020.

Elton John AIDS Foundation will use the entire northerly portion ofWest Hollywood Park including the Basketball Court area, but

excluding the dog parks. The foregoing is collectively referred to asthe "Site." The City's two dog parks shall not be considered part of thesite and shall not be used by EJAF;

b) Provide adequate portable restroom facilities for the event;

c) Provide adequate first aid facilities and staff;

d) Provide the City with the names of EJAF staff members responsible forpark keys.

e) Be responsible for initial and follow-up posting of no parking signs inthe following areas; Robertson Boulevard between Melrose Avenue

and Santa Monica Boulevard, Melrose Lot and the Five Story ParkingStructure (5SPS), such postings to take place at least 72 hours inadvance.

f) Secure its own telephones and telephone lines for the event;

g) Hire City approved contractor to remove and re- install basketball courtequipment before and after event.

h) Implement its approved security, and traffic plans in accordance withthese plans;

i) Provide its staff with proper credentials and identification;

j) Have use of the Five Story Parking Structure on Sunday, February 9 at5: 00 A.M. until 7: 00 A.M. on February 10, 2020 for the event's valetoperations.

3

ATTACHMENT A

k) Have use of the Auditorium on Friday, February 7, 2020 from 10:00A.M. through 5: 00 A.M. on Monday, February 10, 2020 for media useand crew meal service.

I) Have use of San Vicente Boulevard between Santa Monica Boulevardand Melrose Avenue which will be closed for the event on Sunday,February 9, 2020 beginning at 2: 00 P. M., re-opening at approximately

6: 00 A.M. on Monday, February 10, 2020.

m) Have use of the North Alley between San Vicente Boulevard andRobertson Boulevard which will be closed for the event on Sunday,February 9, 2020 beginning at 2: 00 P. M.

n) Vacate the Park and the Basketball Courts, by 10: 00 A.M., Thursday,February 13, 2020; and

4. Elton John AIDS Foundation will clean- up as needed, which includes but isnot limited to:

a) Removal and disposal from public property all no- parking signs,litter and debris located in the park grounds;

b) Steam cleaning of sidewalks and hardscape surfaces of the parkgrounds or adjacent area as required;

c) Removal and disposal of temporary trash receptacles placed onpublic areas of West Hollywood Park.

d) Any and all cleaning of these areas is to be completed andreturned to the condition they were prior to the event. Any

supplemental cleaning needing to be performed by the City willbe billed to Elton John AIDS Foundation for reimbursement.

Elton John AIDS Foundation will reimburse City for said clean- upactivities at City rates, as indicated in Attachment B.

e) Elton John AIDS Foundation' s obligations shall be completed inthe time periods set-forth above and notice of items not

completed to City's satisfaction shall be given to Elton John AIDSFoundation, in writing. Elton John AIDS Foundation shall haveseven days from receipt of notice to complete the obligation,except in the event of an emergency. Any obligations notcompleted within the dates set-forth above may be completed by

4

ATTACHMENT A

City and Elton John AIDS Foundation shall reimburse City on atime and material basis.

III. Services to Be Provided By City

A. EVENT

1. Exclude all other activities, except for the Elton John AIDS Foundation' s guests,

from the northerly portion of the park and the Site during the event per attachedagreed upon production schedule and timeline;

2. Provide a 24- hour contact person who shall be available in the event of an

emergency during the time Elton John AIDS Foundation maintains possession ofWest Hollywood Park;

3. Permit the Elton John AIDS Foundation to serve beer, wine, and spirits to their

guests at the Academy Awards ( Oscar) Viewing Party, in compliance with

Alcoholic Beverage Control standards.

4. Approve closure of San Vicente Boulevard between Santa Monica Boulevard

and Melrose Avenue from 2: 00 P. M. on Sunday, February 9, 2020, through 6: 00A.M. on Monday, February 10, 2020;

5. Upon receipt of proper information from EJAF, issue ( or cause to be issued byeach agency or authority affiliated or associated with the City) all permits andauthorizations to be issued by the City, and/or by each agency or authorityaffiliated or associated with the City, as are necessary or appropriate to enableEJAF to properly and legally hold the event.

B. CLEAN- UP

1. City will perform clean- up as needed, which includes but is not limited to:

a) Repair of any irrigation damage to lawn areas of the park grounds oradjacent areas;

b) Renovation of all turf, on lawn areas on the park grounds;

2. The City shall submit itemized invoices to Elton John AIDS Foundation for anyand all work described above within 60 days of the event. Said invoices shall

include an itemized breakdown of costs associated with the cleanup of the parkgrounds. In addition, the City will provide an itemized invoice listing all time andmaterials used in the repair of City facilities. Elton John AIDS Foundation is

5

ATTACHMENT A

obligated to pay all fees related to the use of the Park and Facilities as defined inAttachment B

IV. General Provisions

A. WALK-THROUGH

1. Prior to the event, Elton John AIDS Foundation will provide the City with thename and phone number of the representative responsible for the walk-through.

2. Prior to the event, representatives of the City and Elton John AIDS

Foundation shall perform a walk-through of the park grounds and facilitiespremises") to be occupied by Elton John AIDS Foundation, at which time the

condition of the premises shall be duly noted in writing by said

representatives, and shall specifically identify any existing damage or otherabnormalities and City shall repair anything identified as a potential hazard orliability prior to Elton John AIDS Foundation taking possession of the facility;

3. Subsequent to the event, and after Elton John AIDS Foundation completedthe cleanup process of the premises, a post-event walk-through shall be

conducted by the representatives of the City and Elton John AIDS

Foundation, at which time any damages or other abnormalities which mayhave arisen as a result of the use of the premises by Elton John AIDSFoundation shall be duly noted in writing by said representatives, it beingunderstood that the City ( 1) shall undertake to repair and/ or replace anydamaged property; (2) shall bill Elton John AIDS Foundation for the cost

thereof; and ( 3) shall present Elton John AIDS Foundation with a signed

release, holding Elton John AIDS Foundation harmless from any claims ofthird parties and/or entities arising out of any injury which may occursubsequent to the post-event walk-through. The foregoing notwithstanding,Elton John AIDS Foundation shall remain responsible for any later-discovereddamage that was not reasonably visible during the walk-through, but only tothe extent that the City can demonstrate that such damage was caused byElton John AIDS Foundation or its guests during the event. Walk-through to

be held no later than Thursday, February 13, 2020.

6

ATTACHMENT A

B. NOTICES

1. All notices and communications shall be sent to the parties, at the followingaddresses:

CITY: ELTON JOHN AIDS FOUNDATION:

Francisco Contreras Anne Aslett

Acting Director Global Executive Director

City of West Hollywood 584 Broadway, Suite 9068300 Santa Monica Boulevard New York, NY 10012

West Hollywood, CA 90069

C. INDEMNIFICATION

EJAF shall indemnify, defend with counsel approved by City, and hold harmless City,its officers, officials, employees and volunteers from and against all claim, liability, loss,damage, expense and cost ( including without limitation reasonable attorney' s fees,expert fees and all other costs and fees of litigation) of every nature arising out of or inconnection with EJAF' s use of City property for its event as described herein, regardlessof City' s passive negligence, but excepting such loss or damage which is caused by thesole active negligence or willful misconduct of the City. Should City not approve EJAF' schoice of legal counsel for any such matter, then EJAF shall reimburse the City its costsof defense, including without limitation reasonable attorney's fees, expert fees and allother costs and fees of litigation. EJAF shall promptly pay any final judgment renderedagainst the City ( and its officers, officials, employees and volunteers) covered by thisindemnity obligation. It is expressly understood and agreed that the foregoingprovisions are intended to be as broad and inclusive as is permitted by the law of theState of California and will survive termination of this Agreement.

Elton John AIDS Foundation affirms that the signatures, titles and seals set forth

hereinafter in execution of this Contract Agreement represent all individuals, firm

members, partners, joint ventures, and/or corporate officers having a principal interestherein.

D. AUTHORITY

The person executing this Permit for EJAF certifies that s/ he has full authority to sign onbehalf of EJAF and to bind EJAF to the foregoing conditions. Elton John AIDS

Foundation affirms that the signatures, titles, and seals set forth hereinafter in executionof this Contract Agreement represent all individuals, firm members, partners, joint

ventures, and/or corporate officers having a principal interest herein.

7

ATTACHMENT A

E. REVOCATION

EJAF hereby accepts all of the foregoing conditions and understands and

acknowledges that City may revoke this permit at any time upon finding that any of theforegoing conditions have not been satisfied.

EJAF further acknowledges that this permit may be revoked and the event orderedconcluded at any time during the course of the event by the Director of EconomicDevelopment Department upon determination that the event is causing a violation ofState law or upon a determination that the event has become a threat to public safety.

F. ASSIGNMENT

This permit is personal to the EJAF and may not be transferred, assigned or otherwiseconveyed without the consent of City.

G. USE OF PROTECTED MARKS

Neither party will use the other party's name, logos, trademarks or service marks in anymanner without the other party's prior written approval.

H. LIMITS OF THIS PERMIT

This permit grants permission solely for the event described above on the day ( s) andtime(s) indicated on the site described in Section I. Nothing in this permit shall beconstrued as creating a partnership, joint enterprise or other contractual arrangementbetween City and EJAF.

I. PAYMENT

Elton John AIDS Foundation shall pay to City the total sum of costs for all permits,facilities, personnel, materials, equipment, and disposal fees incurred by City inconnection with any site preparation, clean- up activities and associated repairs,

including overhead and indirect costs, as indicated in Attachment B, which is

incorporated herein by reference. Payment shall be made within 60 days of receipt of

invoice from City.

8

ATTACHMENT A

APPROVED BY:

City:

Sign:

Paul Arevalo

City ManagerCity of West Hollywood

Date:

Address: 8300 Santa Monica Blvd., WH, CA 90069

Telephone No:

ATTEST:

Sign:

Yvonne Quarker

City ClerkCity of West Hollywood

APPLICANT:

Sign:

Anne Aslett

Global Executive Director

Elton John AIDS Foundation

Print:

Address:

Telephone No:

Proof of Insurance Provided:

9

ATTACHMENT A:

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ATTACHMENT A

ATTACHMENT B

Special Event Permit 1, 250.00 (waived per Council Item)

Street Closure Fee 8, 000.00 (waived per Council Item)

Temporary Lane Closure Fee 3, 850.00 (waived per Council Item)

Post Event Inspection Fee 195.00 (waived per Council Item)

Temporary Valet Fee 105. 00 (waived per Council Item)

Parking Meter & Encroachment Fee 2, 340. 00 (waived per Council Item)

Building and Safety Fees Up to $ 3000.00 ( waived per Council

Item)

Negotiated Park Facility Use Fee 39,000.00

Five Story Parking Structure;350 convention tickets 2, 100.00

Entire Structure ( 1 day) 1, 950.00

Melrose Lot;

Entire Lot (8 days) 1, 275. 10

Maintenance Manager;

Regular Time 94.69 per hour

Overtime Rate n/ a

Maintenance Superintendent;

Regular Time 82. 26 per hour

Time Half Rate n/ a

Maintenance Supervisor;

Regular Time 69.93 per hour

Overtime Rate 104. 90 per hour

Senior Maintenance Worker;

Regular Time 50.39 per hour

Overtime Rate 75.59 per hour

Grounds Repair Supervision ( Labor only) 60.00 per hour*

Grounds Repair (Labor only) 27.00 per hour*

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ATTACHMENT A

Irrigation Repair (Labor only) 55.00 per hour*

Plant Material Replacement;

1 gallon container shrub 12. 00 each

5 gallon container shrub 37.00 each

15 gallon container shrub 105. 00 each

Groundcover - 32. 00 each

Turf Renovation 0. 50 per sq. ft. (Re-seed)

2. 00 per sq. ft. (Sod)

Landscape Repairs 7, 150* and ** ( subject to change)

Power Wash Concrete Surfaces 300. 00***

Scrubber Rental 1, 200.00***

Benches;

Removal & install 135. 19 ( subject to change)

Fencing;Removal & install 1, 000. 00

Basketball Maintenance Fund 2, 000. 00

Please note: EJAF will reimburse the City's actual cost based on receipts received fromcontractors. The rates listed above are estimates only to assist EJAF with budgeting.

Hourly rate of City of West Hollywood' s contractor.Time and material rate cost dependent upon extent of renovation work as

determined after the event.

Vendor cost subject to increase. Contractor may contract with an outsideCity approved vendor. All outside vendors must be approved in writing byCity before being hired.

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