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HomeMy WebLinkAboutPersonal Touch Dining; 2025-01-24;WEDDING AND SPECIAL EVENT MANAGEMENT SERVICES AGREEMENT THIS WEDDING AND SPECIAL EVENT MANAGEMENT SERVICES AGREEMENT (“Agreement") is made and entered into this _______ day of _____________________, 2025 ("Effective Date") by and between the CITY OF CARLSBAD, a municipal corporation, (“City”), and Personal Touch Dining a corporation, (“Contractor”). RECITALS A. WHEREAS, the City of Carlsbad, a municipal corporation, is the owner of Leo Carrillo Ranch Historic Park located in the City of Carlsbad, California; and B. WHEREAS, the City seeks the services of a vendor who is capable and experienced in providing exclusive wedding and special event management services at a unique or historical venue; and C. WHEREAS, Personal Touch Dining was selected through a competitive proposal process to provide exclusive, full-service wedding and special events management services, at Leo Carrillo Ranch Historic Park, located in the City of Carlsbad, California, consisting of open park land, various historic structures and park amenities; and D. WHEREAS, the City desires to exclusively utilize the services of Personal Touch Dining to provide and manage weddings and special event management services at Leo Carrillo Ranch Historic Park upon the terms and conditions set forth in this Agreement; and E. WHEREAS, Personal Touch Dining has submitted a proposal to the City and has affirmed its willingness and ability to perform such work; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and Personal Touch Dining hereby agrees as follows: ARTICLE I DEFINITIONS As used in this Agreement, the following terms shall have the respective meanings indicated below: 1.0 Wedding and Special Event Management Services Operations Standards - The written operating standards as set forth in Exhibit “B”, as modified from time to time by mutual written agreement of the parties. 1.1 Operating Year - An Operating Year shall be a calendar year commencing on Jan. 1 and continuing through Dec. 31. 1.2 Termination Date - The date this Agreement shall terminate pursuant to Article V below or at the conclusion of the Management Term, whichever event shall occur first. Page 2 1.3. Request for Proposal and Response – The City of Carlsbad Wedding and Special Event Management Services Request for Proposal dated November 13, 2024 and Contractor’s response (Exhibit C). ARTICLE II WEDDING AND SPECIAL EVENT MANAGEMENT SERVICES 2.0 Term. This wedding and special event management services Agreement shall commence on February 18, 2025 and terminate on February 17, 2030 (“Management Term”). The Management Term may be extended for two additional five-year periods upon mutual written agreement of the parties. 2.1 Wedding and Special Event Management Services. The City hereby contracts with Personal Touch Dining, during the Management Term, to manage, operate, and provide wedding and special events services, pursuant to the terms of this Agreement, at Leo Carrillo Ranch Historic Park. This Agreement includes the Request for Proposal and Response. Personal Touch Dining agrees it shall, pursuant to the terms of this Agreement as set forth in this Section 2.1 and in the subsequent sections, manage, operate, and provide the following wedding and special events services at Leo Carrillo Ranch Historic Park: (a) provide exclusive, full service or catered wedding and special event management services, with right of first refusal; (b) manage and supervise all day-to-day operations associated with wedding and special event management services including communications, marketing, reservations, set up, breakdown, equipment rental, disc jockey, acoustic music providers, floral, photography, and food and beverage; (c) annually set rental fees and fees and charges for other uses and items charged to customers (collectively referred to as “Venue Fees”); and said Venue Fees shall be reviewed and approved annually by the Parks & Recreation Director or designee; (d) hire, train, and supervise all employees required to carry out the wedding and special event management services; (e) acquire all goods and services necessary to carry out the wedding and special event management services; (f) acquire all necessary regulatory licenses and permits for the operation including, without limitation, those licenses/permits related to alcoholic beverage service and food preparation; (g) manage all wedding and special event reservations; (h) manage all wedding and special event management services marketing and promotional activities and customer service relations; (i) manage wedding and special event management services accounting and payroll procedures and functions; and (j) prepare Annual Plans and Reports as set forth in this Agreement. The City agrees that it will cooperate but shall not be required to assist Personal Touch Dining in its responsibility to carry out its duties under this Agreement. 2.2 Annual Plan Preparation and Approval. Annually on or before Feb. 1 of each year, Personal Touch Dining shall submit to the City the Annual Plan for wedding and special event management services for the next Operating Year ("Annual Plan"). The Annual Plan shall include (1) advertising, sales, marketing and business promotion; (2) standards of care; (3) recommendation for all Venue Fees and charges; and (4) identify available booking dates for the next two Operating Years, not to exceed agreement termination date. The Annual Plan shall be reviewed and approved by the City. It is contemplated by the parties that the draft Annual Plan will be submitted to the City not later than 30 days before Feb. 1. If the City fails to either approve the Annual Plan within said 30-day period or to advise Personal Touch Dining in writing of its objection(s) to the Annual Plan within such period, then the City shall be deemed to have disapproved the Annual Plan as submitted. Page 3 In the event of a dispute with regard to the Annual Plan, pending the resolution of such dispute, Personal Touch Dining shall continue to manage, operate, and provide wedding and special event services in accordance with the terms of this Agreement. Personal Touch Dining shall comply, to the extent reasonably and commercially practicable, with the approved Annual Plan. However, the City agrees that the Annual Plan is intended to be an objective and reasonable estimate. The City acknowledges that the Annual Plan is intended to set forth objectives and goals based upon Personal Touch Dining judgment and the facts and circumstances known by Personal Touch Dining at the time of preparation and that Personal Touch Dining has not made any guarantee or warranty concerning or relating to the Annual Plan. 2.3 Quarterly Review of Annual Plan. Every three months, or as needed, the City and Personal Touch Dining wedding and special event services manager shall meet and discuss operations and operating results, and the parties shall agree in writing upon any amendments or revisions to the Annual Plan which take into consideration variables or events that did not exist, or could not be anticipated by Personal Touch Dining or City, at the time the Annual Plan was approved. The Annual Plan and any material amendments or revisions to the Annual Plan shall require the written approval of the City. 2.4 Additional Responsibilities of Personal Touch Dining. Without in any way limiting Personal Touch Dining right to manage, operate and provide wedding and special events management services in accordance with the terms of this Agreement, Personal Touch Dining shall, in addition to other obligations and responsibilities set forth in this Agreement, perform the following services, or cause the same to be performed for Leo Carrillo Ranch Historic Park: (a) Upon termination or expiration of this Agreement, Personal Touch Dining shall cooperate in transferring all licenses, permits and accreditations in the name of Personal Touch Dining to the City as permitted by law; (b) Implement communications, marketing, advertising, and promotional plan for wedding and special event management services within ninety days of signing contract; (c) Indemnify, defend, and settle claims, lawsuits, and demands relating to the wedding and special event management services and wedding and special event management services personnel, and retain legal counsel (and pay legal fees and costs associated with indemnity and defend requirements) who under the direction of Personal Touch Dining will represent Personal Touch Dining and if named, City, its elected officials, officers, employees, agents, and volunteers, and wedding and special event management services on all questions relating to legal requirements, will indemnify and defend any claims or actions brought against Personal Touch Dining and if named, City, its elected officials, officers, employees, agents, and volunteers relating to or arising out of the wedding or special event management services or wedding and special event management services personnel, and will institute and defend any and all legal actions or proceedings as shall be reasonably necessary to collect Venue Fees, charges, rent, or other income for wedding and special event management services. Personal Touch Dining shall notify City and its City Attorney of any claims or lawsuits relating to Leo Carrillo Ranch Historic Park and wedding and special event management services within two business days after Personal Touch Dining receives notice of such claims or lawsuits. Any legal fees for outside counsel shall be paid by Personal Touch Dining. The City Attorney shall have the right to reasonably preapprove any legal counsel retained by Personal Touch Dining to Page 4 indemnify and defend Personal Touch Dining and if named, City, its elected officials, officers, employees, agents, and volunteers in connection with such matters. For all claims naming the City and its elected officials, officers, employees, agents, and volunteers, Personal Touch Dining shall cooperate with the City Attorney who at his/her discretion may elect to represent the City, retain outside counsel to represent the City, its elected officials, officers, employees, agents, and volunteers, or tender the defense to Personal Touch Dining for representation of City, its elected officials, officers, employees, agents, and volunteers. During the Management Term, Personal Touch Dining shall: (1) maintain all calendars, books, records, and other data associated with the financial activities of wedding and special event management services, (2) prepare all operating budgets, cash flow budgets, and other financial projections and forecasts, and (3) be responsible for the day-to-day financial affairs of wedding and special event management services; and (d) In fulfilling its operational responsibilities hereunder, Personal Touch Dining shall have all rights ordinarily accorded to Personal Touch Dining in the ordinary course of business, including, without limitation, the collection of proceeds from the operation of wedding and special event management services, the approval and payment of obligations, and the negotiating and signing of leases and contracts. PERSONNEL 2.5 General. Personal Touch Dining shall employ all wedding and special event management services. Personal Touch Dining shall recruit, hire, train, discharge, promote, and supervise the management staff of the wedding and special event management services, and Personal Touch Dining shall supervise through the management staff the recruiting, hiring, training, discharge, promotion, and work of all other employees of the wedding and special event management services. All employees shall be properly trained and qualified for their positions. 2.5.1 Pre-Employment or Pre-Contracting Reference and Background Checks. With respect to all persons employed or contracted by Personal Touch Dining to perform wedding and special event management services under this Agreement, Personal Touch Dining shall ensure that pre-employment or pre-contracting reference and background checks have been conducted on all personnel regularly assigned to provide wedding and special event management services under this Agreement at Leo Carrillo Ranch Historic Park. Further, Personal Touch Dining shall be responsible for ensuring that federal, state and county of residence criminal background checks – via Livescan or equivalent means, as approved by the City, are conducted on all personnel regularly assigned to provide wedding and special event management services under this Agreement at Leo Carrillo Ranch Historic Park, prior to their commencement of wedding and special event management services under this Agreement. Personal Touch Dining shall exclude from any participation in the performance of this Agreement any person who has been convicted of any felony or any misdemeanor conviction arising out of any act of violence, assault, battery, weapons, or any act of theft, or are otherwise unqualified (e.g. having a permit or license to serve alcohol or food handler’s permit suspended or revoke). Page 5 In addition, Personal Touch Dining shall be responsible for ensuring that the aforementioned criminal background checks are performed annually on or before Apr. 1. Personal Touch Dining will abide by all applicable laws, rules and regulations including, but not limited to the Fair Credit Reporting act and/or any equal opportunity laws, rules, regulations or ordinances. Personal Touch Dining shall maintain paperwork to support its compliance with the above. (a) City shall have the right to audit background check data. (b) City shall have the right to review and disapprove any personnel assigned to perform any of the wedding and special event management services required pursuant to this Agreement. (c) City shall have the unrestricted right to order the immediate removal of any person(s) assigned by Personal Touch Dining by giving oral or written notice to said person and Personal Touch Dining. (d) Personal Touch Dining personnel shall at all times while performing any of the services required under this Agreement comply with city’s drug and alcohol policies then in effect. (e) Personal Touch Dining shall remove any person from performing any wedding and special event management services under this Agreement if said person is arrested and charged with either a misdemeanor or felony. 2.6 Wedding and Special Event Manager. Personal Touch Dining wedding and special event manager shall be responsible for the day-to-day management and operation of wedding and special event management services. The name and telephone number (both home and business) of the wedding and special event manager shall be provided, in writing, to the City and shall be current at all times. The wedding and special event manager shall be reasonably available during normal working hours to meet with the City. After normal working hours, the wedding and special event manager shall be reasonably available to appear at weddings and special events if deemed necessary or called out by the City. 2.7 Publicity. Any commercial advertisements, press releases, articles, or social media or other media information using City or City’s name shall be subject to the prior written approval of the City, which approval may be granted or withheld in the City’s sole and absolute discretion. 2.8 Specific Operating Standards. In addition to the general responsibilities of Personal Touch Dining as operator of wedding and special event management services as provided in this Article II, Personal Touch Dining shall operate and offer wedding and special event management services in accordance with the operating standards (Exhibit B) consistent with the Annual Plan (Exhibit A). 2.9 Wedding and Special Event Management Services Hours of Operation. Pursuant to the conditional use permit, events are permitted at Leo Carrillo Ranch Historic Park until 10 p.m. on Friday and Saturday nights, and until 8 p.m. Sunday through Thursday. FEES AND CHARGES Page 6 2.10 Setting of Venue Fees.Personal Touch Dining shall annually set the amount for Venue Fees and charges for wedding and special event management services, including, but not limited to site rental fees, food, beverage, equipment rentals, photography, disc jockey, wedding coordination, etc. All fees, charges, and prices at Leo Carrillo Ranch Historic Park set by Personal Touch Dining shall be comparative and competitive with other first-class wedding and special event sites and shall be approved in advance by the Parks & Recreation Director or designee. All Venue Fees and charges shall be set first to ensure coverage of wedding and special event management services, ensure a return to the city in an amount consistent with the annual amount listed in the proposed payment schedule to the City of Carlsbad, and provide a benefit to residents of Carlsbad. The wedding and special event management Venue Fees shall be included in the Annual Plan (Exhibit A). 2.11 City Use Day. The City shall have the right to designate dates and times for its exclusive special event use of Leo Carrillo Ranch Historic Park and shall provide these dates to Personal Touch Dining within ninety (90) days of the date of this Agreement and thereafter, approximately two years in advance so they may be included in the Annual Plan. The City may also use Leo Carrillo Ranch Historic Park for special events that do not conflict with events scheduled by Personal Touch Dining as needed. 2.12 Food and Beverage Operations. Personal Touch Dining shall comply with all requirements of state and local law governing the sale and distribution of alcoholic beverages. Personal Touch Dining shall obtain and maintain all permits from all governmental agencies having jurisdiction for all food and beverage operations at Leo Carrillo Ranch Historic Park and shall comply with all health law and regulations as existing or as may be established by the federal, state, county, and city governmental agencies. All food service employees shall possess valid food handler cards, and a copy of these cards shall be maintained. Personal Touch Dining for all food and beverage employees, shall comply with all applicable codes and regulations as relates to tuberculosis and other health and disease testing - as now or hereafter required by applicable law. 2.13 Office Operations. Personal Touch Dining shall employ sufficient administrative staff to permit Personal Touch Dining to competently perform their obligations under this Agreement. Upon the City's written request, Personal Touch Dining shall provide the City with a written job description for each wedding and special event management position. The City shall keep these job descriptions in strict confidence, subject only to applicable public records disclosure laws. 2.14 Safety and Security. All wedding and special event management services, at Leo Carrillo Ranch Historic Park, shall comply with all safety regulations of federal, state, and local governmental agencies, including without limitation any requirements imposed by California Labor Code Section 6300 et seq. and regulations promulgated with respect thereto, and applicable federal occupational, health, and safety laws and regulations. Personal Touch Dining shall take all reasonable actions to protect the safety of all wedding and special event management services employees and customers. All records relating to wedding and special event management services in accordance with this Agreement shall be kept in fireproof files and made available to the City upon request. 2.15 Contracts and Agreements. Personal Touch Dining shall negotiate, consummate, enter into, and perform such agreements as Personal Touch Dining may deem necessary or advisable for the furnishing of all food, beverages, concessions, entertainment, operating supplies, equipment, repairs and other materials and services as Personal Touch Dining determines are needed from time to time for the management and operation of wedding and special event management services. Page 7 2.16 Alterations to Buildings, Amenities and Grounds. Personal Touch Dining shall not make any alterations, additions, or changes to the exterior appearance or the structural nature of any buildings, amenities, landscape or grounds located at Leo Carrillo Ranch Historic Park without the prior written consent of the City. The replacement cost or repair of any loss or damage to Leo Carrillo Ranch Historic Park buildings, amenities, landscape, or grounds, excluding reasonable wear and tear, that occurs as part of or arising out of Personal Touch Dining wedding and special event management services shall be the sole responsibility of Personal Touch Dining The City shall not be held responsible for any changes to the architecture and landscaping caused by natural events (e.g., weather, natural disasters) or by maintenance activities necessary to preserve the architecture and landscaping. The City will notify Personal Touch Dining in writing within five calendar days or upon reasonable discovery, of any loss or damage to Leo Carrillo Ranch Historic Park buildings, amenities, landscape or grounds that occurs as part of or arising out of Personal Touch Dining wedding and special event management services. 2.17 Venue Standards. The parties acknowledge and agree that Leo Carrillo Ranch Historic Park wedding and special event management services shall be operated as a first-class wedding and special event venue. As used herein, "first class wedding and special event venue" shall mean a venue comparable to the following venues in San Diego County: The Crossings at Carlsbad – Carlsbad; Twin Oaks Garden Estate – San Marcos; Green Gables Wedding Estate – San Marcos; San Diego Botanic Gardens – Encinitas; Rancho Los Cerritos – Long Beach; and the Lodge at Torrey Pines – La Jolla, as they exist on the Effective Date of this Agreement. 2.18 City Inspection and Evaluation. At any time during the term of this Agreement, the Parks & Recreation Director or designee shall inspect some or all of the weddings or special events held at Leo Carrillo Ranch Historic Park for purposes of compliance with the wedding and special event management Annual Plan. In conducting such inspection and evaluation, the Parks & Recreation Director or designee shall complete a wedding and special event management services evaluation form (Evaluation Form), or applicable portions thereof, and shall promptly thereafter provide Personal Touch Dining a copy of the completed Evaluation Form or applicable portion thereof. City agrees that the Parks & Recreation Director or designee shall act reasonably and in good faith in making the determination of whether the wedding and special event management services Annual Plan, or applicable portion thereof, have been met. The wedding and special event management Annual Plan and Contractor’s performance of the Annual Plan shall be rated as "Acceptable," "Needs Improvement," and "Unacceptable." If Personal Touch Dining has a rating below “Acceptable,” Personal Touch Dining shall correct the deficiency items within seven (7) calendar days after the receipt of the wedding and special event management services Evaluation Form. City may terminate this Agreement if Contractor fails to correct the deficiency items within the proscribed time period. When a Deficient Item has been satisfactorily corrected in the judgment of the City, the City and the wedding and special event manager shall each sign the Notice acknowledging completion of the corrective action. Page 8 2.19 Deficiency Items - Results of Personal Touch DiningFailure to Take Corrective Action. If Personal Touch Dining obtains an overall rating of “Unacceptable,” or fails to take action to timely correct any Deficiency Item(s), the Agreement may be terminated. ARTICLE III INSURANCE REQUIREMENTS AND INDEMNITY 3.0 Amounts of Insurance and coverage. For the duration of this Agreement, Personal Touch Dining shall procure and maintain, at a minimum, the following types and amounts of insurance and coverage as described in this Article III: 3.1 Types of Coverage: (a)Workers’ Compensation. Coverage in compliance with the Workers’ Compensation Laws of the State of California providing all statutory benefits and covering all wedding and special event management services employees who are Personal Touch Dining employees. (b) Commercial General Liability. (1) Coverage shall include all premises and operations, including but not limited to, bodily injury, property damage, personal injury, liquor liability, independent contractors, products and completed operations and contractual liability. The applicable limits of liability shall be the minimum combined single limit of $2,000,000 per occurrence. (2) The City, and its officers, officials, employees, agents, and volunteers, and the City of Carlsbad, its officers, officials, employees, agents and volunteers, and any other parties to which the City is required to have named as additional insured on insurance related to the wedding and event management services (provided that such parties are identified in writing to Personal Touch Dining), shall be named as an additional insured as respects liability arising out of work or operations performed by or on behalf of Personal Touch Dining. (c)Automobile Liability. Automobile Liability coverage shall apply to all automobiles, trucks and other motor vehicles utilized or controlled by Personal Touch Dining in connection with the Agreement, and shall include all owned, hired and non-owned vehicles in the amount of $1,000,000 combined single limit per occurrence. (d) Umbrella or Excess Liability Coverage. The coverage required above may be satisfied through a combination of primary and umbrella or excess liability coverage. 3.2 Other Insurance Provisions: (a) All insurance as is afforded under this Agreement shall be primary and without right of contribution from any other policies that are carried or are self-insured by the City or by any additional insured with respect to their interest in wedding and special event management services. Further, such insurance shall expressly provide that all the provisions thereof, except Page 9 limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. (b) City shall be named as additional insureds on all policies on which each is not named as a primary insured to the extent allowed by law. (c) Within ten (10) business days after execution of this Agreement, Personal Touch Dining will furnish certificates of insurance and endorsements to City evidencing compliance with the insurance requirements in this Agreement. City has the right to review and request modification of certified policies as reasonably necessary. Each certificate and endorsement shall be subject to reasonable approval by City and shall provide that such policy shall not be subject to material alteration to the detriment of City or Personal Touch Dining or cancellation without thirty (30) days’ notice in writing to be delivered by registered mail to City. Should any policy expire or be canceled before the expiration of this Agreement and Personal Touch Dining fails to immediately procure other insurance as specified, City reserves the right, but shall have no obligation, to procure such insurance at Personal Touch Dining expense. (d) Insurance required under this Agreement shall be maintained with California admitted insurers that carry a minimum Best’s Rating of A-VII. If a carrier is non-admitted, a minimum Best’s Rating of A-X shall be required. Coverage shall be from a surety or insurance company reasonably acceptable to City. 3.3.1 Insurance Maintained by Personal Touch Dining. The parties acknowledge and understand that as of the Effective Date the following applies to insurance maintained by Personal Touch Dining: (a) Five Thousand Dollars ($5000.00) deductible per occurrence for property damage insurance, (b) ZERO Dollars ($0.00) self-insured retention per occurrence for commercial general liability insurance and automobile liability insurance, and (c) ZERO Dollars ($0.00) participation in loss limits (which is comparable to self- insurance) per accident for workers compensation insurance. Personal Touch Dining shall notify City in writing at least thirty (30) days prior to any increase in the deductible amount or self-insured or self-assumed amounts for the insurance coverage maintained by Personal Touch Dining under this section. The City shall have the right to approve an increase in the amount of any deductible. INDEMNIFICATION. 3.4 Personal Touch Dining Indemnification. (a) Personal Touch Dining agrees to defend (with counsel approved by the City), indemnify, and hold harmless City and City’s officers, elected and appointed officials, members, employees, agents, representatives, and volunteers from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, expert witness fees, attorneys’ fees, costs, and expenses, which results from or is connected with one or more of the following: (1) Any act or omission by Personal Touch Dining or any shareholder, director, officer, or Page 10 employee of Personal Touch Dining in connection with Personal Touch Dining performance under this Agreement that constitutes negligence or willful misconduct; or (2) Any action taken by Personal Touch Dining relating to wedding and special event management services: (i) that is expressly prohibited by this Agreement or any federal, state or local law; (ii) that is not within the scope of Personal Touch Dining duties under this Agreement; or (iii) that is not within Personal Touch Dining delegated authority under this Agreement. (3) Personal Touch Dining defense and indemnification obligations under this Section shall not apply to claims arising out of the sole negligence or willful misconduct of City or City’s officers, elected officials, members, employees, agents, representatives, or volunteers. (b) Survival. The defense and indemnification obligations of Personal Touch Dining contained in this section shall survive the expiration or termination of this Agreement. 3.5 Compliance with Environmental Law. In performing its responsibilities under this Agreement, Personal Touch Dining shall comply with all federal, state, and local laws and regulations pertaining to the storage, use, and disposal of "hazardous or toxic wastes, substances, or materials" as defined by applicable law. 3.6 Business License. Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. ARTICLE IV PAYMENTS DURING MANAGEMENT TERM 4.0 Forms of Personal Touch Dining Payment. Personal Touch Dining shall pay City for the exclusive right to offer full-service wedding and special event management services at Leo Carrillo Ranch Historic Park. 4.1 Fixed Management Payment. During the Management Term, Personal Touch Dining shall guarantee payment to the City consistent with the annual amount listed in the proposed payment schedule in advance basis on the last day of month (April, July, Oct., and Jan.). ARTICLE V TERMINATION RIGHTS 5.0 Termination by City. In addition to any other rights of the City to terminate this Agreement that are set forth in this Agreement, the City shall also have the right to terminate this Agreement upon the occurrence of any of the following events: Page 11 (a) Personal Touch Dining fails to keep, observe or perform any material covenant, agreement, term or provision of this Agreement, and such default continues for a period of ten days after written notice of such default by City to Personal Touch Dining. (b) (i) Personal Touch Dining applies for or consents to the appointment of a receiver, trustee or liquidator of Personal Touch Dining or of all or a substantial part of its assets; (ii) Personal Touch Dining files a voluntary petition in bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors; (iii) Personal Touch Dining files an answer admitting the material allegations of a bankruptcy petition reorganization proceeding, or insolvency proceeding filed against _ Personal Touch Dining; (iv) Personal Touch Dining admits in writing its inability to pay its debts as they come due; (v) Personal Touch Dining makes a general assignment for the benefit of creditors; (vi) an involuntary bankruptcy petition is commenced against Personal Touch Dining; or (vii) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating Personal Touch Dining a bankrupt or insolvent or approving a petition seeking reorganization of Personal Touch Dining or appointing a receiver, trustee or liquidator of Personal Touch Dining or of all or a substantial part of its assets, and such order, judgment or decree continues unstated and in effect for any period of sixty consecutive days. (c) This Agreement may be terminated by the City, without penalty or cause, at any time if the City delivers written notice to Personal Touch Dining of its intention to terminate. Such notice shall be given at least ninety days prior to termination. If such prior written notice is not given by the City in the time period specified above, then this Agreement shall continue until the Termination Date. Subject to the provisions of Section 5.0(c), the City’s right to terminate this Agreement pursuant to Section 5.0 (a) and (b), above, shall be exercised upon written notice to Personal Touch Dining; and City’s notice of termination shall specify the effective date of such termination, which date shall not be less than thirty (30) days. Notice shall be given in the manner set forth in Section 7.2 below. Personal Touch Dining shall have the right to fulfill the terms of any existing wedding or special event management services booked during the term of this Agreement beyond the natural termination date of this Agreement (not to exceed two years), so long as this Agreement was not terminated pursuant to Section 5.0 (a) or (b) or Section 5.1. 5.1 Termination by Personal Touch Dining Personal Touch Dining shall have the right to terminate this Agreement upon the following events: (a) If the City fails to keep, observe, or perform any other material covenant, agreement, term, or provision of this Agreement, and such default continues for a period of sixty days after notice of such default by Personal Touch Dining to City, Personal Touch Dining right to terminate this Agreement pursuant to this section shall be exercised upon written notice to City given at any time after the applicable cure period has expired. The grace period shall be extended as may be required for the City to comply with applicable law pertaining to the posting of agendas and hearings notices. Personal Touch Dining termination notice shall specify the effective date of such termination, which date shall not be less than one hundred Page 12 and eighty days after the date of Personal Touch Dining termination notice. Once Personal Touch Dining notice of termination is provided to City and any applicable City cure period has expired, such notice of termination shall not be rescinded. 5.2 Payments Upon Termination. Upon expiration or termination of this Agreement, all sums owed by Personal Touch Dining shall be paid in full to the City within sixty days of the effective date of such termination. 5.3 Curing Defaults. Any default by Personal Touch Dining or City which is susceptible of being cured shall not constitute a basis for termination of this Agreement if the nature of such default will not permit it to be cured within the cure period allotted; provided that within such cure period the alleged party in default shall have given notice of its intent to cure, has commenced to cure such default, and is proceeding to complete the cure in good faith and with reasonable diligence. 5.4 Effect of Termination. The termination of this Agreement shall not affect the rights of the terminating party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination. 5.5 Remedies. (a) The City’s Remedies. Upon the occurrence of an event of default by Personal Touch Dining, the City may: (1) Seek specific performance of Personal Touch Dining obligations or injunctive relief, as applicable; (2) Demand payment of all amounts due the City under the terms of this Agreement and demand the payment of all costs, damages, expenses, and fees of the City arising due to Personal Touch Dining event of default; and (3) Proceed to remedy the event of default. All sums so expended or obligations incurred by the City in connection therewith, including reasonable attorneys’ fees and costs, shall be paid by Personal Touch Dining to the City within thirty days after written demand by the City; and (b) Personal Touch Dining _Remedies. Upon the occurrence of an event of default by the City, Personal Touch Dining may: (1) Terminate this Agreement by providing one hundred and eighty (180) days advance written notice of termination to the City. 5.6 Remedies Cumulative. Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. Page 13 5.7 Accounting on Termination.Upon termination of this Agreement the City shall perform an audit of Personal Touch Dining books and records related to all bookings and events to ensure a proper accounting of all debts, obligations, and revenue. Personal Touch Dining has a duty to provide all calendar, books, and records to facilitate future events. All monies held by Personal Touch Dining for future bookings and events shall be immediately transferred to the City and held for said bookings and events. ARTICLE VI TITLE MATTERS: ASSIGNMENT 6.0 Ownership of Improvements to Leo Carrillo Ranch Historic Park. Personal Touch Dining shall not make any improvements, whether permanent or temporal, to Leo Carrillo Ranch Historic Park or to any facility within Leo Carrillo Ranch Historic Park without City’s prior written consent. All improvements made by the Contractor to or at Leo Carrillo Ranch Historic Park, made during the term of this Agreement shall be deemed the property of the City at such time as the improvements are made. Items provided by the Contractor that are not permanently affixed to the property, such as prep tents, shall not be considered improvements and shall remain the property of the Contractor. 6.1 Personal Touch Dining _Assignment or Subcontracting is Prohibited. Personal Touch Dining shall not assign this Agreement without the prior written consent of the City. No assignment shall be effective unless Personal Touch Dining and such assignee execute an assignment and assumption in a form acceptable to the City Attorney and the City Attorney has approved the Assignment as to Form. Any assignment by Personal Touch Dining of this Agreement in violation of the provisions of this Agreement shall be null and void and shall be deemed a termination for cause and this Agreement shall be terminated by the City. In addition to any other remedies available to the parties, the provisions of this Section may be enforceable by injunctive proceeding or by suit for specific performance. Contractor shall not subcontract any of the services required to be performed by Contractor. For purposes of this section, subcontracting does not include those agreements made between Contractor and event vendors for purposes of providing services to the wedding or special event (e.g. catering, photography, etc.). 6.2 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, successors and assigns. 6.3 Park Name. Leo Carrillo Ranch Historic Park shall be known by such trade name and/or trademark, or logo as may from time to time be determined by the City. The parties acknowledge and understand that the names, logos, and designs developed or provided for the City and used in the operation of Leo Carrillo Ranch Historic Park together with appurtenant goodwill, are the exclusive property of the City. Personal Touch Dining may identify Leo Carrillo Ranch Historic Park wedding and special event management services managed and operated by Personal Touch Dining; provided, however, that any display of any Personal Touch Dining logo or other corporate identification shall first be approved in writing by the City and in exercising its sole discretion. ARTICLE VII GENERAL PROVISIONS Page 14 7.0 Contract Administration.City has designated the Parks & Recreation Director as the individual who is responsible for administering this Agreement on behalf of City. The Parks & Recreation Director may designate a member of his or her staff to serve as the contract administrator, which individual shall carry out the Parks & Recreation Director’s responsibilities in administering this Agreement. The Parks & Recreation Director shall inform Personal Touch Dining in writing of the person who will serve as the contract administrator and any change of the contract administrator. Personal Touch Dining has designated Personal Touch Dining as the individual who is responsible for administering this Agreement and consenting to matters which requires Personal Touch Dining consent on behalf of Personal Touch Dining. Personal Touch Dining shall notify the City in writing if another individual has replaced the foregoing designated person as the person responsible for administering this Agreement on behalf of Personal Touch Dining. 7.1 Compliance. Personal Touch Dining shall comply with all applicable laws of governmental bodies having jurisdiction with respect to Leo Carrillo Ranch Historic Park, including but not limited to The Americans with Disabilities Act (ADA) and Personal Touch Dining performance of this Agreement. Personal Touch Dining shall procure and maintain all licenses, permits, and approvals required for the wedding and special event management services. Upon termination or expiration of this Agreement, Personal Touch Dining shall cooperate in transferring all licenses, permits and accreditations in the name of Personal Touch Dining to the City as permitted by law. 7.2 Notices. All notices, demands, requests, consents, approvals, replies and other communications ("Notices") required or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail return receipt requested, postage prepaid to the addresses stated below; or (c) by deposit with a same-day or overnight express delivery service that provides a receipt showing date and time of delivery. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by same-day or overnight express delivery service shall be deemed effective upon receipt. Notice by personal delivery shall be deemed effective at the time of personal delivery. For purposes of Notices hereunder, the address of the City shall be: City of Carlsbad Parks & Recreation Department 799 Pine Avenue, Ste. 200 Carlsbad, California 92008 Attention: Parks & Recreation Director For purposes of Notices hereunder, the address of Personal Touch Dining shall be: Name: Tracy Zemke, Chief Executive Officer Address: 9605 Kearny Villa Road City, State, Zip Code: San Diego, CA 92126 Page 15 Each party shall have the right to designate a different address by the giving of notice in conformity with this Section. 7.3 Independent Contractor.Personal Touch Dining shall at all times be considered an independent contractor under this Agreement. Nothing contained in this Agreement shall be construed to be or create a partnership or joint venture between City, on the one part, and Personal Touch Dining and its successors and assigns, on the other part. 7.4 Modification and Changes. This Agreement may be amended or modified only in writing and signed by both parties. 7.5 Entire Understanding and Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the wedding and special event management services at Leo Carrillo Ranch Historic Park. 7.6 Headings. The Article, Section, and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 7.7 Consents. Each party agrees that it will not unreasonably withhold any consent or approval requested by the other party pursuant to the terms of the Agreement, and that any such consent or approval shall not be unreasonably delayed or qualified, except where such consent is expressly stated as within the party's sole, exclusive or absolute discretion. Similarly, each party agrees that any provision of this Agreement, which permits such party to make requests of the other party, shall not be construed to permit the making of unreasonable requests. 7.8 Survival of Covenants. Any covenant, term, or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination. 7.9 Third Parties. None of the obligations under this Agreement of either party shall run to or be enforceable by any party other than the party to this Agreement or by a party deriving rights under this Agreement as a result of an assignment permitted pursuant to the terms of this Agreement. 7.10 Waivers.No failure by Personal Touch Dining or City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy consequent upon the breach of this Agreement shall constitute a waiver of any such breach or any subsequent breach of the same covenant, agreement, term or condition. No covenant, agreement, term or condition of this Agreement and no breach of this Agreement shall be waived, altered or modified except by a written instrument. A waiver of any breach of this Agreement shall only affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms and conditions of this Agreement shall continue in full force and effect. 7.11 Applicable Law and Venue. This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of California. The parties agree that the Superior Court of the State of California, County of San Diego shall have jurisdiction of any litigation between the parties relating to this Agreement. Page 16 7.12 No Presumption Regarding Drafter. City and Personal Touch Dining acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between City and Personal Touch Dining, and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either City or Personal Touch Dining to be the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement. 7.13 Enforceability of Any Provision.If any term, condition, covenant or obligation of this Agreement shall be determined to be unenforceable, invalid, or void, such determination shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement. All amounts payable pursuant to this Agreement shall be in lawful money of the United States of America. 7.14 Counterparts; Facsimile Signatures. This Agreement and any amendment may be executed in counterparts, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. With the exception of the original Agreement, signatures on subsequent amendments to this Agreement may be achieve by using facsimile signatures and any such facsimile signature shall be as effective as an original signature. 7.15 Covenants Against Discrimination. Personal Touch Dining agrees that in connection with its performance under this Agreement, there shall be no discrimination by Personal Touch Dining against any person on account of race, color, creed, religion, sex, marital status, national origin or ancestry. Personal Touch Dining agrees to include a provision similar to this Section in all subcontracts entered into by Personal Touch Dining in connection with work being performed under this Agreement. 7.16 Exhibits and Attachments Incorporated. All exhibits and attachments to this Agreement are incorporated herein and made a part hereof. 7.17 Assurances. The parties represent for themselves that (a) such party is duly organized and validly existing; (b) the person or persons executing this Agreement on behalf of such party is/are duly authorized to execute and deliver this Agreement on behalf of such party; (c) by so executing this Agreement, such party is formally bound to the terms and provisions of this Agreement; and (d) the execution of this Agreement does not violate any provision of any other agreement to which such party is bound. Additionally, the City represents and warrants to Personal Touch Dining that (a) the City has and will retain the property interests in Leo Carrillo Ranch Historic Park necessary to enable Personal Touch Dining to perform its duties pursuant to this Agreement peaceably and quietly; and (b) that Personal Touch Dining performance of the services required by this Agreement shall not violate the property rights or interests of any third party. 7.18 Outside Business. Nothing contained in this Agreement shall be construed to restrict or prevent, in any manner, any party or any party’s affiliates, parent corporations, or representatives or principals from engaging in any other businesses or investments, nor shall the City or Personal Touch Dining have any right to share or participate in any such other businesses or investments of the other party. Page 17 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the day and year first written above. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By:By: (sign here) City Manager or Mayor or Division Director as authorized by the City Manager Tracy Zemke/CEO (print name/title) Attest: By: (sign here) SHERY FREISINGER Eric Zemke Viola/COO City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman,Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE MCMAHON, City Attorney BY: _____________________________ Assistant City Attorney Exhibit A Annual Plan 1.8.25 Advertising, sales, marketing, and business promotion Working with the City, Personal Touch Dining will: o Maintain current website www.leocarrilloranchweddings.com. o Maintain current Facebook page for venue. o Maintain current Pinterest page for venue. o Maintain current Intragam. o Maintain current Wedding Wire page for Venue. o Maintain current Knot page for Venue. o Design and print presentation folders to be given to clients during the venue showing. o Design and print brochure inserts. o Design and print postcards to be used onsite for marketing, trade shows and with wedding vendors. o Design and print professional picture albums so couples can see how the venue looks during events. Standards of care o Treat Leo Carrillo Ranch Historic Park with respect and care. o See that guests understand the historical nature of the ranch. o Maintain the Ranch in the same fashion the City of Carlsbad has developed it. o Escort all vehicles to and from lower property to assure safety of property and park guests. o Control the music level within the space. o End the bar and music 30 minutes before the end of the event to allow for grand exit and event to end on time. o See that only Dura Frame logs are used in the fireplace. o Walk around the property at the end of the event and pick up any left-over items or trash. o Ensure that the site is left in the condition it was prior to the event. o Sort trash, recycling, and compost prior to placing in City provided bins. o Ensure that buildings and park are closed, locked, and alarmed. o Document any damage and report any needed repairs. o Document any injuries and report immediately. Recommendation for all venue fees and charges Payment schedule to the City of Carlsbad (payment based per event date not date of booking): Proposed Payment Schedule to City of Carlsbad 2025-2029 Hacienda 3% increase 3% increase 3% increase 3% increase 3% increase Day of the Event 2025 2026 2027 2028 2029 Monday - Thursday $1,995.00 $2,055.00 $2,117.00 $2,181.00 $2,246.00 Friday $3,326.00 $3,426.00 $3,529.00 $3,635.00 $3,744.00 Saturday $3,989.00 $4,109.00 $4,232.00 $4,359.00 $4,490.00 Sunday $2,609.00 $2,687.00 $2,768.00 $2,851.00 $2,937.00 Stable Day of the Event Monday - Thursday 2025 2026 2027 2028 2029 Friday $2,394.00 $2,466.00 $2,540.00 $2,616.00 $2,694.00 Saturday $3,155.00 $3,250.00 $3,348.00 $3,448.00 $3,551.00 Sunday $1,821.00 $1,876.00 $1,932.00 $1,990.00 $2,050.00 2025 2026 2027 2028 2029 Day Rate for Hacienda or Stable $399.00 $411.00 $423.00 $436.00 $449.00 Important Note: Rates are paid based on when the event is contracted not the date the event takes place. Guaranteed minimum annual payment to the City of Carlsbad: $235,000.00 Booking dates for the next two operating years Leo Carrillo Ranch Historic Park is available for Personal Touch Dining wedding and special events booking with the following exceptions: 2025 o Fiesta at the Rancho Saturday May 10 o Film Festival Friday August 22 o Film Festival Friday August 29 o Film Festival Friday September 5 o Dia de los Muertos Thursday -Sunday October 30 - November 2 o Holiday at the Rancho Saturday December 6 2026 o Fiesta at the Rancho Saturday May 9 o Film Festival Friday August 21 o Film Festival Friday August 28 o Film Festival Friday September 4 o Dia de los Muertos Thursday -Sunday October 29 November 1 o Holiday at the Rancho Saturday December 5 Venue fees and charges for next two operating years 2025-2026 Approximate 4% increase in price. Discounts o Carlsbad Resident Discount - $1.50 Per Person - Minimum $150.00 o Military & First Responder Complimentary Welcome Drink or Tray Passed Bite o Non-Profit Discount Based on Event - - - REQUEST FOR PROPOSALS RFP #25-03 Wedding and Special Event Management Services Leo Carrillo Ranch Historic Park Release of Request for Proposals November 13, 2024 Proposals due by 11:00 a.m. December 18, 2024 Majka Penner, Senior Program Manager Parks & Recreation Department 799 Pine Avenue Carlsbad CA 92008 Majka.penner@carlsbadca.gov Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 2 | P a g e Contents 1. Timeline 4 2. Questions 5 1. Introduction 6 2. City Background 6 3. Property Descriptions 7 4. Site Amenities 8 5. Leo Carrillo Ranch Historic Park Rental Hours 8 1. Proposal Overview 8 2. Deliverables General 9 3. Deliverables Reservations and Scheduling 10 4. Communications and Marketing 11 5. Catering and Equipment Rental 11 6. Cleaning 12 7. Site Maintenance 12 8. Exterior Lighting 12 9. Electricity, Water and Restrooms 13 10. 13 11. Carriage House 13 12. Amplified Sound 13 1. General Provisions 14 2. Alternative Proposals 15 3. Expiration of Proposal 15 4. Verify Proposal Prices 15 5. Performance Standards 15 6. Award of Contract 15 7. Waiver 16 8. Information to Offerors: 16 9. Conflict of Interest 17 10. Prohibited Contracts 18 Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 3 | P a g e Example Standard Professional Services Agreement 22 Certification of Proposer 40 Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 4 | P a g e GENERAL INFORMATION RFP 25-03 FOR: WEDDING AND SPECIAL EVENT MANAGEMENT SERVICES The City of Carlsbad is requesting proposals for wedding and special event management services per the attached specifications. Proposals are required for the entire work as described. Your proposal must be submitted as outlined in the attached Request for Proposal. Additional documentation may be added if desired. Please review the entire package before submitting your proposal. Incomplete submissions will be rejected as nonresponsive. The goal is to have the successful CONTRACTOR providing wedding and special event management services as soon as practical after selection. The CONTRACT will be for a five-year term, with two additional five-year optional extensions or parts thereof. In accordance with Carlsbad Municipal Code Sections 3.28.030 and 3.28.060(D) awards shall be based on a best value evaluation. Criteria used for the evaluation will include revenue, ability to provide service, previous performance and references, quality of service, responsiveness to specifications, and unspecified value-added offerings by CONTRACTOR. The awarding The selected CONTRACTOR is expected to sign an agreement. A sample agreement is attached. You must consider the terms and conditions in the sample agreement to be part of your proposal. Read the insurance requirements and general provisions carefully. Do not execute the agreement at this time. The selected CONTRACTOR will be responsible for developing and providing the Annual Plan () and the Operating Standards referenced in the sample agreement, prior to the finalization and execution of the agreement. The CITY reserves the right to reject any or all proposals or any part of the proposal, to waive minor defects or technicalities, or to solicit new proposals. 1. Timeline Release of RFP Wednesday, November 13, 2024 Mandatory site walk-through Wednesday, December 4, 2 p.m. (PST) Questions due in writing to Majka.penner@carlsbadca.gov Friday, December 6, 2024, by 5 p.m. (PST) Answers to questions posted on PlanetBids Wednesday, December 11, 5 p.m. (PST) RFP submittals DUE Wednesday, December 18, 2024, by 11 a.m. (PST) Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 5 | P a g e Instructions for mandatory, in-person onsite site walk through scheduled for Wednesday, December 4, 2024, at 2 p.m. (PST): Parties will meet in the parking lot located at 6200 Flying Leo Carrillo Lane, Carlsbad, CA 92009. 2. Questions Questions must be submitted by 5 p.m. PST on Friday, December 6, 2024. Direct questions about the proposal specifications or scope of work being requested, must be submitted in writing to Majka Penner, Senior Program Manager, via email at majka.penner@carlsbadca.gov. Direct general questions about the proposal process can be submitted to Shea Sainz, Senior Contract Administrator, at 442-339-2467 or shea.sainz@carlsbadca.gov. Only questions answered by formal written addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect. It is the proposer's responsibility to be informed of any addenda that have been issued and to adjust its proposal accordingly. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 6 | P a g e Section 1 Overview 1. Introduction The CITY is soliciting proposals to provide exclusive full service or catered wedding and special event management services (not to include city sponsored events) to include marketing, reservations and bookings, equipment rentals, food and beverage service, event set up, coordination, clean up, and guest satisfaction at Leo Carrillo Ranch Historic Park, 6200 Flying LC Lane, Carlsbad, CA 92009. The purpose of this proposal is to obtain competitive pricing for all-inclusive wedding and special event management services from a CONTRACTOR that can meet the current requirements of the City of Carlsbad Parks & Recreation Department as set forth in the wedding and special event management services request for proposal. The city seeks one contractor that will deliver high-quality private wedding and special event management services that works with city staff in balancing public use and private access to Leo Carrillo Ranch Historic Park. The focus of the proposal review will be on ensuring the best value and effective delivery of high-quality wedding and special event management services for the City of Carlsbad. The goal is to have the successful CONTRACTOR begin providing services as soon as practical after selection. The CONTRACT will be for a five-year term; depending on the successful completion of the initial term and the c extended up to two additional five-year terms or parts thereof. 2. City Background 2.01 About the City of Carlsbad The city is located 35 miles north of the City of San Diego on the Southern California coast. The city has a population of 115,302 and serves an area of 39 square miles. Carlsbad is a popular tourism destination, home to LEGOLAND, the Flower Fields, and nearly seven miles of coastline. The city for leading high tech and biotech companies. The city incorporated in 1952 and has a council/manager form of government. The City Council consists of a mayor and four council members. As a full-service city, Carlsbad provides water, sewer, library, parks and recreation, police and fire services, in addition to traditional city services. For fiscal year 24-25 the city has an adopted budget of $419 million. In annual citywide surveys, Carlsbad residents have consistently indicated a high level of confidence in their city government and give the city high marks in everything from quality of life to libraries, parks, safety, and other important services. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 7 | P a g e 2.02 ommitment to quality and value The CITY has a strong commitment to provide excellent service at the best value to taxpayers. The CITY has a long-standing track record of political stability and fiscal Like cities throughout the nation coping with current economic conditions, Carlsbad is operating with fewer resources and increased community expectations for revenue generation, value, accountability, and transparency. As a result, it is important that Carlsbad ensures taxpayers and customers are receiving the most efficient and cost-effective delivery of high-quality city services. 3. Property Descriptions 3.01 Leo Carrillo Ranch Historic Park Leo Carrillo Ranch is a public park, state historic landmark and a National Historic Site and must be respected for its continued preservation. Located at 6200 Flying LC Lane, Leo Carrillo Ranch Historic Park (https://tinyurl.com/bd6xznx7) is a perfect location for outdoor weddings, receptions, family reunions, corporate or non-profit fundraisers or other special events year-round. This unique historic Spanish rancho setting, surrounded by handcrafted adobe buildings, red tiled roofs, antique windmills, hidden courtyards, custom flagstone patios, wooden foot bridges, gently flowing creeks and a reflection pool adjacent to a white sand beach. Ranch landscaping is rich with mature pepper, sycamore, oak, dragon, and citrus trees; along with aloe vera, agave, bougainvillea, and birds of paradise. Rancho de Los Kiotes, was once a vacation retreat and working rancho belonging to actor Leo Carrillo. The park opened to the public in August 2003. The site in its current configuration and use is designed to accommodate groups ranging in size up to 160 people. Currently there are approximately 56 events booked for the 2025 calendar year with a maximum of 70 events anticipated from April through November. The CITY is accepting reservations through February 17, 2027, and the current wedding and special event management vendor will fulfill all bookings through that date. Leo Carrillo Ranch site is a 27-acre historic park with irregular earthen and paved surfaces, including without limitations, stairs and trails. It is recommended that visitors wear appropriate shoes for the uneven terrain. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 8 | P a g e LEO CARRILLO RANCH HISTORIC PARK IS A COMPLETELY SMOKE-FREE VENUE. SMOKING IS PROHIBITED IN CITY PARKS, BEACHES, AND TRAILS (CMC § 11.32.110). 4. Site Amenities Parking: Capacity 75 vehicles maximum (compacted DG) Street parking No Indoor Facilities: room Yes, one room ( bedroom) area Yes (Carriage House) On-site kitchen No Dining area No Restrooms Yes Stable Yes Outdoor Areas: Cabaña area (with reflecting pool) Yes Patios Yes Corral Yes Market lighting Yes Cooking & BBQ Facilities: Kitchen No Prep area No Stone masonry barbecue Yes Electrical outlets Yes, limited 25 AMP service Pathways: Paved & natural DG pathways Yes 5. Leo Carrillo Ranch Historic Park Rental Hours Sunday through Thursday, events may begin load-in no earlier than 12 p.m. and must end by 8 p.m., with a contractor departure time no later than 9 p.m. Friday and Saturday, events may begin load-in no earlier than 2 p.m. and must end by 10 p.m., with a contractor departure time no later than 11 p.m. Section 2 Event Management Services Contract Specifications 1. Proposal Overview The City of Carlsbad Parks & Recreation Department is seeking proposals from qualified independent firms to be considered the exclusive Leo Carrillo Ranch Historic Park wedding and Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 9 | P a g e special event services manager to provide all aspects of full service for private (non-city sponsored) events, with a demonstrated ability to provide other related event services. Proposals should indicate whether catering services will be provided directly by the CONTRACTOR or by third party caterers/vendor services. It is anticipated that clients will be diverse and will have varying event expectations and culinary needs. The intent of the catering function for this facility is to offer a variety of appealing food and menu options, and beverage choices for all clients at a variety of different price points. Proposals should include a revenue sharing arrangement that guarantees the city a minimum of at least $235,000 in the first full calendar year and every year thereafter for the term of the agreement. The CITY currently receives a flat rate, per event booked for Ranch use paid to the CITY in advance annually: Hacienda: Monday Thursday $1,937.00 Friday $3,229.00 Saturday $3,873.00 Sunday $2,533.00 Stable & Corral: Monday Thursday No rentals permitted Friday $2,324.00 Saturday $3,063.00 Sunday $1,768.00 Small group hourly meeting rate for Hacienda or Stable Monday - Sunday $387.41 2. Deliverables General CONTRACTOR & Recreation Director or designee with a monthly report of all revenue and expenditure costs incurred for each event. CONTRACTOR will negotiate and manage contracts with all vendors and other service providers and sub-contractors. CONTRACTOR will provide comprehensive customer service to include, but not limited to: Site tours and consultation services in coordination with the CITY Provide wedding and special event coordination services Hire, coordinate and supervise wedding and special event staff Open and close facility as necessary to facilitate events Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 10 | P a g e Maintain properly trained staff and security for events and supervise their work Respond to all incoming calls and emails through their own platforms (website, social media, etc.) CONTRACTOR will clean up after the event and remove all trash generated by the events to the dumpsters provided onsite. CONTRACTOR will waste management requirements including separation of materials for disposal to include recyclables, organics recycling, edible food recovery and single-use plastics ban ordinances. For more information visit the following city webpages; single-use plastics ban, organic waste composting and edible food recovery. CONTRACTOR will establish operating procedures and vendor screening to reduce the likelihood of damage to CITY property and demonstrate knowledge of working within a historic site. CONTRACTOR will perform any other duties that are required to ensure the safe, sanitary and legal operation of the facility in the public interest. CONTRACTOR shall eliminate any unsafe condition or public hazard without delay. Notwithstanding the conditions of operations included herein, the CONTRACTOR shall abide by all federal, state and local laws, and rules and regulations of the CITY and of the Parks & Recreation Department, including but not limited to The Americans with Disabilities Act (ADA), Administrative Order 45 and Leo Carrillo Ranch Wedding and Special Event Policies and Procedures. 3. Deliverables Reservations and Scheduling 3.01 Total number of events should be balanced between public use and access and private use of the park and facilities. 3.02 CONTRACTOR should provide and maintain an offsite office space, communications, reservation and booking system. CITY will provide general site access, and access to the room for CONTRACTOR to conduct site tours and onsite client meetings. Current business practices for booking Leo Carrillo Ranch Historic Park for special events: The Ranch is currently available from the first Saturday in April until the first Saturday in November for bookings; however, CITY is open to explore additional booking dates. 3.04 CITY will communicate to CONTRACTOR blackout dates for city sponsored events or activities at least two years in advance. Annual city sponsored events at Leo Carrillo Ranch include Fiesta at the Rancho (May), Movie Nights (three consecutive Friday nights Aug. Sept.), Dia de los Muertos (Friday, Saturday and Sunday, late Oct., early Nov.) and Holiday at Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 11 | P a g e the Rancho (first Saturday in Dec.). 3.05 CONTRACTOR will establish a range of full-service wedding and special event packages and fees for review and approval by the Parks & Recreation Director or designee. 3.06 Current CONTRACTOR will be allowed to complete all wedding and private event services booked before Feb. 18, 2025. 3.07 Current CONTRACTOR has already booked the following dates (as of Nov. 6, 2024): Date Date Date Friday 02/28/25 Sunday 06/08/25 Saturday 09/13/25 Saturday 03/22/25 Saturday 06/14/25 Sunday 09/14/25 Sunday 03/23/25 Friday 06/20/25 Friday 09/19/25 Saturday 04/05/25 Saturday 06/21/25 Saturday 09/20/25 Sunday 04/06/25 Friday 06/27/25 Friday 09/26/25 Saturday 04/12/25 Saturday 06/28/25 Saturday 09/27/25 Saturday 04/19/25 Saturday 07/05/25 Friday 10/03/25 Friday 04/25/25 Friday 07/11/25 Saturday 10/04/25 Saturday 04/26/25 Saturday 07/12/25 Friday 10/10/25 Saturday 05/03/25 Saturday 07/19/25 Saturday 10/11/25 Friday 05/09/25 Sunday 07/20/25 Friday 10/17/25 Friday 05/16/25 Saturday 07/26/25 Saturday 10/18/25 Saturday 05/17/25 Saturday 08/02/25 Friday 10/24/25 Saturday 05/24/25 Saturday 08/09/25 Saturday 10/25/25 Sunday 05/25/25 Friday 08/15/25 Sunday 10/26/25 Friday 05/30/25 Saturday 08/16/25 Friday 11/07/25 Saturday 05/31/25 Saturday 08/23/25 Saturday 11/08/25 Friday 06/06/25 Saturday 08/30/25 Saturday 11/15/25 Saturday 06/07/25 Saturday 09/06/25 Sunday 04/25/26 Total: 57 4. Communications and Marketing CONTRACTOR will develop and maintain a comprehensive marketing and communications plan to be approved by the CITY S Parks & Recreation Director or designee. 5. Catering and Equipment Rental CONTRACTOR shall make available catering (food and beverage) services for guests, either by providing it directly, or using subcontracted caterers. The CITY will favor proposals maximizing catering options and minimizing costs to customers. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 12 | P a g e CONTRACTOR shall make available equipment rental services for guests, either by providing it directly, or by subcontracted party rental companies. The CITY will favor proposals maximizing equipment rental options and minimizing costs to customers. CONTRACTOR will inform all selected caterers and party rental companies of the amenities at Leo Carrillo Ranch Historic Park. The caterers will have use of the amenities as outlined in the amenities chart listed in this proposal (section 4.0). There are no onsite kitchen or food preparation facilities located at Leo Carrillo Ranch Historic Park. CONTRACTOR shall inspect the venue and all equipment before use and reporting any & Recreation Director or designee. CONTRACTOR will inform the caterer of their responsibility for treating both facilities as a carry in, carry out site including all garbage, recycling, compost, and equipment owned by the caterer. Any refuse and waste generated by the operation that has not been removed to the onsite collection receptacles by the caterer will be the responsibility of the CONTRACTOR. CONTRACTOR will be responsible for confirming that the selected caterer (subcontractor/third party vendor) complies with the following: All caterers must be fully licensed, as required by law, to sell prepared food in the CITY. The caterer, if other than CONTRACTOR must provide proof of a two-million-dollar umbrella General Liability insurance policy. The CONTRACTOR or the CONTRA shall be permitted to sell and distribute alcoholic beverages under the privileges provided herein, provided service is in compliance with all federal, state and local laws, including possessing a valid alcoholic beverage license. 6. Cleaning CONTRACTOR shall ensure the event area is cleaned and ready for public access immediately following each event. Cleaning shall include but not limited to restrooms, trash removal, debris pick-up, sweeping pathways and general cleaning within the event site. Any items within the event area found to be damaged shall be reported to the Parks & Recreation Director or designee. 7. Site Maintenance CONTRACTOR shall report any site maintenance issues in writing to the CITY on a weekly basis. 8. Exterior Lighting CITY is responsible for maintaining existing outdoor lighting, including permanent lights attached to historic structures, permanent light features, market lighting, and twinkle light Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 13 | P a g e strings on historic structures. Any temporary or aesthetic lighting features are the responsibility of the CONTRACTOR with permission of CITY. 9. Electricity, Water and Restrooms CITY will provide access to electricity (standard 120-volt wall outlets), potable water, and eight individual unisex toilets. Additional electricity and portable restrooms if required are at the 10. CITY will provide controlled and limited access to an unfurnished bedroom) in the historic hacienda. Room may be used for dressing and make up and photography purposes only; no food or drinks are permitted at any time. Other than the and restrooms, there is no other indoor facility use permitted at Leo Carrillo Ranch Historic Park. CONTRACTOR will provide CITY pre-approved furnishings including tables, chairs, couches, window coverings, wall hangings, floor lamps and rugs. 11. Carriage House CITY will provide controlled and limited access to an unfurnished portion of the Carriage House. This area may be used by the groom and groomsmen for gathering, dressing, and preparation prior to the event. CONTRACTOR will provide CITY pre-approved furnishings including tables, chairs, couches, window coverings, wall hangings, floor lamps and rugs. All furnishings must be removed from the groom's area immediately after every event. 12. Amplified Sound Music must be contained within the event venue and be considerate of the neighbors in the adjacent community. CONTRACTOR shall limit the audio level to a maximum of 55 decibels. Decibel level readings are taken from the property line outside of the venue. Live music (bands, groups, etc.) is not permitted at Leo Carrillo Ranch Historic Park, with the exception of a musical instrument whose sound is not electrically amplified, enhanced or modified in nature. Examples of live acoustical entertainment that would be considered acceptable include guitar, violin, harp, piano, small mariachi group, etc. CITY reserves the right to limit audio level or discontinue amplified sound altogether if staff or public complaints are received. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 14 | P a g e Section 3 - Legal and Contractual Guidelines 1. General Provisions PLEASE READ CAREFULLY THESE PROVISIONS ARE A PART OF YOUR PROPOSAL AND ANY CONTRACT Pursuant to the Notice to CONTRACTORS advertised -Bidding site, the specifications, proposal instructions and requirements on file with CITY, the conditions of these General Provisions, and subject to all provisions of the ordinances of CITY, CONTRACTOR proposes to furnish to CITY, complete at the prices stated in the proposal document, the items or services described in the proposal document. The person signing the proposal warrants that the proposal is genuine and not sham or collusive, or made in the interest of, or on behalf of, any person, firm or corporation not named in the proposal document; that CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to submit a sham proposal, or any other person, firm or corporation to refrain from proposing, and that CONTRACTOR has not, in any manner, sought by collusion to secure any advantage over other CONTRACTORS. In submitting this proposal, CONTRACTOR represents and warrants that: A. CONTRACTOR has carefully examined the specifications and all provisions relating to the items to be furnished, or the services to be done, attached and incorporated into the proposal and understand the meaning, intent and requirements of them, and agree to the same. B. CONTRACTOR has carefully examined the services to be performed and fully understands the conditions of the work site(s), including without limitations, access to / from sites, typography, and available services. C. CONTRACTOR will, for the revenue sharing quoted, enter into a written contract and furnish the service(s) or complete the services in the time specified, and in strict conformity with CITY specifications for the item(s) or services. D. If any CONTRACTOR is in doubt as to the intent or meaning of any part of this proposal they should attend the mandatory, in-person onsite walk-through scheduled for Wednesday, December 4, 2024, at 2 p.m. Parties will meet in the parking lot located at 6200 Flying Leo Carrillo Lane, Carlsbad, CA 92009. E. All questions must be in email form and submitted directly to Majka Penner, Senior Program Manager at majka.penner@carlsbadca.gov by December 6, 2024, by 5 p.m. Only questions answered by formal written addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect. It is the proposer's responsibility to be informed of any addenda that have been issued and to adjust its proposal accordingly. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 15 | P a g e F. CONTRACTORS are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting a proposal. The submission of a proposal by a CONTRACTOR concludes CONTRACTOR acceptance of the terms and conditions herein, unless otherwise stated. 2. Alternative Proposals To be responsive to the proposal, CONTRACTOR must submit a proposal that meets all specific proposal requirements. Once CONTRACTOR has proposed a service which is responsive to the specification, CONTRACTOR may thereafter include with the proposal any additional proposals or alternative services that are not "equals" but that CONTRACTOR believes can or may meet or exceed CITY'S requirements, and which offer CITY additional advantages or benefits based on the state of the art that were not, or could not, be contemplated by CITY when the requirements were prepared. CITY reserves the right to evaluate and accept or reject such alternatives, as though they were part of the original specifications, without advertising for further proposals, or to re-advertise based on such proposed state of the art alternatives when in the best interests of CITY. Any awards so made will be based on cost analysis considerations that result in the optimum economic advantage to CITY. 3. Expiration of Proposal All proposals shall be considered as firm for a period of six (6) months, commencing the day following the date of proposal closing and expiring at midnight of the last day, unless otherwise stated in the body of the solicitation. 4. Verify Proposal Prices CONTRACTOR must verify their revenue sharing offer prior to proposal submission, as withdrawal or correction may not be permitted after the proposal has been opened. Proposals, modifications of proposals, or withdrawals received at the office designated in the solicitation, after the exact hour and date specified for receipt, will not be considered. They will be rejected as a late proposal and will be returned to CONTRACTOR unopened. 5. Performance Standards Performance of work, and acceptability of equipment or materials supplied, pursuant to any contract or award, shall be to the satisfaction of CITY. 6. Award of Contract A. CITY reserves the right to perform a pre-award survey of CONTRACTOR to determine capability to perform, including but not limited to, facilities, financial responsibility, materials/supplies, and past performance. The determination of CITY as to Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 16 | P a g e CONTRACTOR'S prospective ability to perform the CONTRACT shall be conclusive. B. CITY reserves the right to reject any item or items therein; to waive informalities, technical defects and minor irregularities in proposals received; and to select the proposal(s) deemed most advantageous to CITY. CITY will however consider proposals submitted on an "all or nothing" basis if the proposal is clearly designated as such. C. CITY reserves the right to award one or more CONTRACTS on the proposals submitted, whether by award of all items to one CONTRACTOR, or by award of separate items or groups of items to various CONTRACTORS, as the interests of CITY may require, unless CONTRACTOR clearly specifies otherwise in his proposal. D. Upon acceptance by CITY, the solicitation, proposal, or price quotation, and a purchase order issued to the successful CONTRACTOR within the time specified, shall be deemed to result in a binding CONTRACT without further action required by either party. Items are to be furnished as described in the proposal and in strict conformity with all instructions, conditions, specifications and drawings contained in the complete CONTRACT. 7. Waiver The failure of CITY to enforce a particular condition or provision of any CONTRACT awarded hereunder shall not constitute a waiver of that provision or condition or its enforceability by CITY. 8. Information to Offerors: 1. All proposals must be made in accordance with the conditions of this RFP or any addendum issued thereafter. Failure to address any of the requirements may be grounds for rejection of this proposal. 2. Proposals should include any additional information that the respondent deems pertinent to the understanding and evaluation of the proposal. 3. If a proposer takes any exceptions to any part of these specifications as written, or as amended by any addenda subsequently issued, they must do so in writing at the time of proposal submission. Failure to do so will be construed as acceptance of all provisions of the specifications. The city will review the objections and content of any such objection in the proposal evaluation process. 4. All information should be complete, specific, and as concise as possible. Respondents are liable for all errors or omissions contained in their submittals. The proposer shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the services required with this specification, because of Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 17 | P a g e with all the information concerning the services to be performed. 5. Each proposer, by the submission of a proposal, assents to each and every term and condition set forth within this specification and attached agreement and, upon award, agrees to be bound thereby. Proposals may not be modified after the due date. All proposals shall constitute firm offers valid for ninety (90) days from the due date. All proposals should be signed by an authorized representative of the proposal. See Certification B 6. The city, at its option, may interview proposers. The interviews will be for the purpose of clarifying the proposals. Submittal of new proposal material at an interview will not be permitted, unless specifically requested by the city. Interviews may involve a presentation and/or a question-and-answer session. 7. The cost for developing the proposal is the responsibility of the proposer and shall not be chargeable to the city. 8. The city encourages the participation of minority and women-owned businesses. 9. with the city and the PSA must be fully executed prior to being given notice to proceed. A for your review. The city will not change or modify the hold harmless and liability clauses included in the agreement. 10. CONTRACTOR shall be required to comply with all requirements as stipulated in Exhibit A Agreement for Professional Services, including the following: 1. Compliance with insurance requirements Article III 2. Current City Business License Article III 3. The selected CONTRACTOR will be responsible for developing and providing the the sample agreement, prior to the finalization and execution of the agreement. 9. Conflict of Interest No person performing services for the City, in connection with the establishment of any agreements or any projects resulting from this solicitation, shall have a financial or other personal interest other than employment or retention by the City, in any contract or subcontract in connection with this solicitation or any resulting project. No officer or employee of such person retained by the City shall have any financial or other personal interest in any real property acquired for this list or resulting project, unless such interest is openly disclosed upon the public records of the City and such officer, employee, or person has not participated in the acquisition of such property for or on behalf of the City. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 18 | P a g e 10. Prohibited Contracts The City shall not contract with, and shall reject any SOQ submitted by the persons or entities specified below, unless the City Council finds that Special Circumstances exist which justify the approval of such a contract. Persons employed by the City of public agencies for which the City Council are the governing body; Profit-making firms or businesses in which employees described in this solicitation serve as officers, principals, partners or major shareholders; Persons who, within the immediately preceding twelve (12) months, came within the provisions this solicitation and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; Profit-making firms or businesses in which the former employees described in this solicitation serve as officers, principals, partners or major shareholders; and Person who currently serve on a city Board or Commission per CMC 2.15.030. The submitter certifies that the consultant firm has complied with the above provisions, and that any ensuing contract will be valid. Section 4 Proposal Requirements CONTRACTOR must submit as part of their proposal their business plan to provide event services. The proposal shall include the following items in the order listed: 1.0 Executive Summary A one- or two-page overview of the entire proposal describing the highlights of the proposal. 2.0 Contractor Experience An outline of the C background, qualifications, and detailed description of the C ability to perform the services required. Include summary of venues, events, and services which are similar in scope and complexity. The list should include a brief description of the venues, locations, events and services. 3.0 Project Approach scope of work of this RFP should be addressed in the summary but can also include other approaches; items or considerations that the Consultant considers to be warranted. The project approach should demonstrate a thorough understanding sustainability and/or solid Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 19 | P a g e waste practices within businesses and how potential problems can be minimized. List items or services being offered as part of your proposal and included in the proposal pricing, if any, in addition to those required by the attached provisions and scope of work. These items may include, but are not limited to innovative management techniques; efficient operational models; elevated customer service approaches, etc. This is an opportunity (along with the submittal of a business plan, specific to the performance of the described services) to indicate what CONTRACTOR is offering beyond that which meets base requirements . 5.0 Client References CONTRACTOR is required to state what work of a similar character to that included in the proposed CONTRACT CONTRACTOR has successfully performed and give references, with telephone numbers, which will enable CITY to judge his/her responsibility, experience and skill and business standing. CONTRACTOR is required to provide a minimum of three (3) references where work was performed within the past three (3) years of a similar size and nature to this CONTRACT. Only include those references that most closely represent the type of services being proposed herein. References that are similar in size, scope, and complexity to Carlsbad are preferred. The reference sites need to offer City of Carlsbad an opportunity to visit their location for reference validation purposes should CONTRACTOR get elevated in the proposal process. 6.0 Supporting Documentation If there is additional information that CONTRACTOR would like to provide that was not requested in another section of this RFP, please include it in a separate section of your proposal titled, Supporting Documentation . 7.0 Submittal Process -bidding site on PlanetBids only. You must register as a document holder to receive updates and notices: https://vendors.planetbids.com/portal/27970/portal-home City of Carlsbad website: https://www.carlsbadca.gov/departments/finance/contracting- purchasing/bids If you have questions regarding , please contact Shea Sainz, Senior Contract Administrator, at Shea.Sainz@carlsbadca.gov or 442-339-2467. If you have Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 20 | P a g e questions regarding PlanetBids you may also contact Shea Sainz or PlanetBids Customer Service 818-992-1771. ELECTRONIC FORMAT RECEIPT AND OPENING OF RFPs: Submittals will be received in electronic format (eBids) Carlsbad - Contracting & Purchasing and are due by the date and time specified on the cover of the solicitation. BIDS MUST BE SUBMITTED BY DUE DATE AND TIME: Once the deadline is reached, no further submissions are accepted. BIDDERS MUST BE PRE-REGISTERED system- assigned Digital ID in order to submit and electronic bid submitted to the site including IP addresses, browsers being used and the URLs from which login instance including the time of login, and other information about the user's computer configuration such as the operating system, browser type, version, and more. Because of Upon entry of their proposal, the system will ensure that all required fields are entered. The system will not accept a proposal for which any required information is missing. This includes all essential documentation and supporting materials and forms requested or contained in these solicitation documents. Proposals remained sealed until the due date and time. E- mechanism using SSL 128-256-bit security certificates issued from Verisign/Thawte which encrypts data being transferred from client to server. Proposals submitted prior to the due date and time are not available for review by anyone other than the submitter, who will have until the due date and time to change, rescind or retrieve its proposal should they desire to do so. Proposals must be submitted by due date and time. Once the deadline is reached, no further submissions are accepted into the system. Once the due date and time has passed, bidders, proposers, the general public, and city staff are able to immediately see the results online. City staff may then begin reviewing the submissions for responsiveness, compliance and other issues. Proposals may be withdrawn by the proposer prior to, but not after, the time set as due date and time. Important note: Submission of the electronic proposal into the system may not be Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 21 | P a g e eBidding system. The City of Carlsbad is not responsible for proposals that do not arrive by the due date and time. Electronic submissions carry full force and effect. The proposer, by submitting their electronic proposal, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this proposal are true and correct. Proposals are public records. Upon receipt by the city, proposals shall become public records subject to public disclosure. It is the responsibility of the Proposer to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained wi not suffice. If the proposer does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the Public Records Act, the city shall be free to release the information when required in accordance with the Public Records Act, pursuant to any other applicable law, or by order of any court or government agency, and the proposer agrees to hold the city harmless for any such release of this information. Section 5 Evaluation of Proposal The City of Carlsbad shall provide the mechanism for the evaluation of all information received. The City reserves the right to make the final determination of responsible respondents, and to waive informalities and/or irregularities and to accept or reject any or all offers. The City retains the right to award to one, or to more than one respondent as is in the best interest of the City. Proposals shall be as thorough and detailed as possible so that the City may properly evaluate the capabilities of the respondent to provide the required services. In accordance with Carlsbad Municipal Code Sections 3.28.030 and 3.28.060(D) awards shall be based on a best value evaluation. Criteria used for the evaluation will include: Revenue Ability to provide service Previous performance and references Quality of service Responsiveness to specifications Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 22 | P a g e Unspecified value-added offerings by CONTRACTOR Section 6 Special Considerations 1. REVISIONS TO THE RFP: CITY reserves the right to revise the RFP prior to the date that proposals are due. CITY reserves the right to extend the date by which the proposals are due. This RFP does not commit CITY to award a CONTRACT, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or CONTRACT for work. All proposals submitted in response to this RFP become the property of CITY and public records, and as such, may be subject to public review. CITY reserves the right to cancel, in part or in its entirety, this RFP. If CITY cancels or revises this RFP, all proposers will be notified via Planet Proposals. In addition, CITY reserves the right to request additional information and/or clarifications from any or all CONTRACTORS to this RFP. If it becomes evident that this RFP must be amended, CITY will issue a formal written addendum. It is CONTRACTORS responsibility to ensure they have all addendums. Section 7 Exhibits to the RFP Exhibit A Example Standard Professional Services Agreement WEDDING AND SPECIAL EVENT MANAGEMENT SERVICES AGREEMENT made and entered into this _______ day of _____________________, 2025 ("Effective Date") by and RECITALS A. WHEREAS, the City of Carlsbad, a municipal corporation, is the owner of Leo Carrillo Ranch Historic Park located in the City of Carlsbad, California; and Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 23 | P a g e B. WHEREAS, the City seeks the services of a vendor who is capable and experienced in providing exclusive wedding and special event management services at a unique or historical venue; and C. WHEREAS, ______________________ was selected through a competitive proposal process to provide exclusive, full-service wedding and special events management services, at Leo Carrillo Ranch Historic Park, located in the City of Carlsbad, California, consisting of open park land, various historic structures and park amenities; and D. WHEREAS, the City desires to exclusively utilize the services of __________________ to provide and manage weddings and special event management services at Leo Carrillo Ranch Historic Park upon the terms and conditions set forth in this Agreement; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and ___________________ hereby agrees as follows: ARTICLE I DEFINITIONS As used in this Agreement, the following terms shall have the respective meanings indicated below: 1.0 Wedding and Special Event Management Services Operations Standards - The written operating B parties. 1.1 Operating Year - An Operating Year shall be a calendar year commencing on Jan. 1 and continuing through Dec. 31. 1.2 Termination Date - The date this Agreement shall terminate pursuant to Article V below or at the conclusion of the Management Term, whichever event shall occur first. ARTICLE II WEDDING AND SPECIAL EVENT MANAGEMENT SERVICES 2.0 Term. This wedding and special event management services Agreement shall commence on Management Term may be extended for two additional five-year periods upon mutual written agreement of the parties. 2.1 Wedding and Special Event Management Services. The City hereby contracts with ___________________, during the Management Term, to manage, operate, and provide wedding and special events services, pursuant to the terms of this Agreement, at Leo Carrillo Ranch Historic Park. ___________________________ agrees it shall, pursuant to the terms of this Agreement as set forth in this Section 2.1 and in the subsequent sections, manage, operate, and provide the following wedding and special events services at Leo Carrillo Ranch Historic Park: (a) provide exclusive, full service or catered wedding and special event management services, with right of first refusal; (b) manage and Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 24 | P a g e supervise all day-to-day operations associated with wedding and special event management services including communications, marketing, reservations, set up, breakdown, equipment rental, disc jockey, acoustic music providers, floral, photography, and food and beverage; (c) annually set rental fees and or designee; (d) hire, train, and supervise all employees required to carry out the wedding and special event management services; (e) acquire all goods and services necessary to carry out the wedding and special event management services; (f) acquire all necessary regulatory licenses and permits for the operation including, without limitation, those licenses/permits related to alcoholic beverage service and food preparation; (g) manage all wedding and special event reservations; (h) manage all wedding and special event management services marketing and promotional activities and customer service relations; (i) manage wedding and special event management services accounting and payroll procedures and functions; and (j) prepare Annual Plans and Reports as set forth in this Agreement. The City agrees that it will cooperate but shall not be required to assist _______________ in its responsibility to carry out its duties under this Agreement. 2.2 Annual Plan Preparation and Approval. Annually on or before Oct. 1 of each year, __________________ shall submit to the City the Annual Plan for wedding and special event management services for the next Operating Year ("Annual Plan"). The Annual Plan shall include (1) advertising, sales, marketing and business promotion; (2) standards of care; (3) recommendation for all Venue Fees and charges; and (4) identify available booking dates for the next two Operating Years, not to exceed agreement termination date. The Annual Plan shall be reviewed and approved by the City. It is contemplated by the parties that the draft Annual Plan will be submitted to the City not later than 60 days before Oct. 1. If the City fails to either approve the Annual Plan within said 60-day period or to advise __________________ in writing of its objection(s) to the Annual Plan within such period, then the City shall be deemed to have disapproved the Annual Plan as submitted. In the event of a dispute with regard to the Annual Plan, pending the resolution of such dispute, ___________________ shall continue to manage, operate, and provide wedding and special event services in accordance with the terms of this Agreement. __________________ shall comply, to the extent reasonably and commercially practicable, with the approved Annual Plan. However, the City agrees that the Annual Plan is intended to be an objective and reasonable estimate. The City acknowledges that the Annual Plan is intended to set forth objectives and goals based upon ________________ judgment and the facts and circumstances known by ____________ at the time of preparation and that ________________ has not made any guarantee or warranty concerning or relating to the Annual Plan. 2.3 Quarterly Review of Annual Plan. Every three months, the City and ____________________ wedding and special event services manager shall meet and discuss operations and operating results, and the parties shall agree in writing upon any amendments or revisions to the Annual Plan which take into consideration variables or events that did not exist, or could not be anticipated by ____________________ or City, at the time the Annual Plan was approved. The Annual Plan and any material amendments or revisions to the Annual Plan shall require the written approval of the City. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 25 | P a g e 2.4 Additional Responsibilities of _______________. Without in any way limiting _________________ right to manage, operate and provide wedding and special events management services in accordance with the terms of this Agreement, ___________________ shall, in addition to other obligations and responsibilities set forth in this Agreement, perform the following services, or cause the same to be performed for Leo Carrillo Ranch Historic Park: (a) Upon termination or expiration of this Agreement, _________________ shall cooperate in transferring all licenses, permits and accreditations in the name of _________________ to the City as permitted by law; (b) Implement communications, marketing, advertising, and promotional plan for wedding and special event management services within ninety days of signing contract; (c) Indemnify, defend, and settle claims, lawsuits, and demands relating to the wedding and special event management services and wedding and special event management services personnel, and retain legal counsel (and pay legal fees and costs associated with indemnity and defend requirements) who under the direction of _______________ will represent _____________ and if named, City, its elected officials, officers, employees, agents, and volunteers, and wedding and special event management services on all questions relating to legal requirements, will indemnify and defend any claims or actions brought against _____________ and if named, City, its elected officials, officers, employees, agents, and volunteers relating to or arising out of the wedding or special event management services or wedding and special event management services personnel, and will institute and defend any and all legal actions or proceedings as shall be reasonably necessary to collect Venue Fees, charges, rent, or other income for wedding and special event management services. _______________ shall notify City and its City Attorney of any claims or lawsuits relating to Leo Carrillo Ranch Historic Park and wedding and special event management services within two business days after ______________ receives notice of such claims or lawsuits. Any legal fees for outside counsel shall be paid by ___________. The City Attorney shall have the right to reasonably preapprove any legal counsel retained by _____________ to indemnify and defend _____________ and if named, City, its elected officials, officers, employees, agents, and volunteers in connection with such matters. For all claims naming the City and its elected officials, officers, employees, agents, and volunteers, ________________ shall cooperate with the City Attorney who at his/her discretion may elect to represent the City, retain outside counsel to represent the City, its elected officials, officers, employees, agents, and volunteers, or tender the defense to _______________ for representation of City, its elected officials, officers, employees, agents, and volunteers. During the Management Term, _______________ shall: (1) maintain all calendars, books, records, and other data associated with the financial activities of wedding and special event management services, (2) prepare all operating budgets, cash flow budgets, and other financial projections and forecasts, and (3) be responsible for the day-to-day financial affairs of wedding and special event management services; and (d) In fulfilling its operational responsibilities hereunder, _________________ shall have all rights Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 26 | P a g e ordinarily accorded to _____________ in the ordinary course of business, including, without limitation, the collection of proceeds from the operation of wedding and special event management services, the approval and payment of obligations, and the negotiating and signing of leases and contracts. PERSONNEL 2.5 General. _________________ shall employ all wedding and special event management services. __________________ shall recruit, hire, train, discharge, promote, and supervise the management staff of the wedding and special event management services, and _________________ shall supervise through the management staff the recruiting, hiring, training, discharge, promotion, and work of all other employees of the wedding and special event management services. All employees shall be properly trained and qualified for their positions. 2.5.1 Pre-Employment or Pre-Contracting Reference and Background Checks. With respect to all persons employed or contracted by ___________________________ to perform wedding and special event management services under this Agreement, __________________________ shall ensure that pre-employment or pre-contracting reference and background checks have been conducted on all personnel regularly assigned to provide wedding and special event management services under this Agreement at Leo Carrillo Ranch Historic Park. Further, __________________________ shall be responsible for ensuring that federal, state and county of residence criminal background checks via Livescan or equivalent means, as approved by the City, are conducted on all personnel regularly assigned to provide wedding and special event management services under this Agreement at Leo Carrillo Ranch Historic Park, prior to their commencement of wedding and special event management services under this Agreement. ____________________ shall exclude from any participation in the performance of this Agreement any person who has been convicted of any felony or any misdemeanor conviction arising out of any act of violence, assault, battery, weapons, or any act of theft, or are otherwise unqualified (e.g. havin suspended or revoke). In addition, _________________ shall be responsible for ensuring that the aforementioned criminal background checks are performed annually on or before Apr. 1. ___________________ will abide by all applicable laws, rules and regulations including, but not limited to the Fair Credit Reporting act and/or any equal opportunity laws, rules, regulations or ordinances. _______________ shall maintain paperwork to support its compliance with the above. (a) City shall have the right to audit background check data. (b) City shall have the right to review and disapprove any personnel assigned to perform any of the wedding and special event management services required pursuant to this Agreement. (c) City shall have the unrestricted right to order the immediate removal of any person(s) assigned by ________________ by giving oral or written notice to said person and ________________________. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 27 | P a g e (d) ___________________ personnel shall at all times while performing any of the services (e) ___________________ shall remove any person from performing any wedding and special event management services under this Agreement if said person is arrested and charged with either a misdemeanor or felony. 2.6 Wedding and Special Event Manager. ___________________________ wedding and special event manager shall be responsible for the day-to-day management and operation of wedding and special event management services. The name and telephone number (both home and business) of the wedding and special event manager shall be provided, in writing, to the City and shall be current at all times. The wedding and special event manager shall be reasonably available during normal working hours to meet with the City. After normal working hours, the wedding and special event manager shall be reasonably available to appear at weddings and special events if deemed necessary or called out by the City. 2.7 Publicity. Any commercial advertisements, press releases, articles, or social media or other media 2.8 Specific Operating Standards. In addition to the general responsibilities of _________________ as operator of wedding and special event management services as provided in this Article II, _____________ shall operate and offer wedding and special event management services in accordance with the operating standards (Exhibit B) consistent with the Annual Plan (Exhibit A). 2.9 Wedding and Special Event Management Services Hours of Operation. Pursuant to the conditional use permit, events are permitted at Leo Carrillo Ranch Historic Park until 10 p.m. on Friday and Saturday nights, and until 8 p.m. Sunday through Thursday. FEES AND CHARGES 2.10 Setting of Venue Fees. _________________ shall annually set the amount for Venue Fees and charges for wedding and special event management services, including, but not limited to site rental fees, food, beverage, equipment rentals, photography, disc jockey, wedding coordination, etc. All fees, charges, and prices at Leo Carrillo Ranch Historic Park set by ________________ shall be comparative and competitive with other first-class wedding and special event sites and shall be approved in advance by the Parks & Recreation Director or designee. All Venue Fees and charges shall be set first to ensure coverage of wedding and special event management services, ensure a return to the city in an amount consistent with the annual amount listed in the proposed payment schedule to the City of Carlsbad, and provide a benefit to residents of Carlsbad. The wedding and special event management Venue Fees shall be included in the Annual Plan (Exhibit A). 2.11 City Use Day. The City shall have the right to designate dates and times for its exclusive special event use of Leo Carrillo Ranch Historic Park and shall provide these dates to ______________________ within ninety (90) days of the date of this Agreement and thereafter, approximately two years in advance Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 28 | P a g e so they may be included in the Annual Plan. The City may also use Leo Carrillo Ranch Historic Park for special events that do not conflict with events scheduled by ________________ as needed. 2.12 Food and Beverage Operations. __________________ shall comply with all requirements of state and local law governing the sale and distribution of alcoholic beverages. __________ shall obtain and maintain all permits from all governmental agencies having jurisdiction for all food and beverage operations at Leo Carrillo Ranch Historic Park and shall comply with all health law and regulations as existing or as may be established by the federal, state, county, and city governmental agencies. All food service employees shall possess valid food handler cards, and a copy of these cards shall be maintained. ______________, for all food and beverage employees, shall comply with all applicable codes and regulations as relates to tuberculosis and other health and disease testing - as now or hereafter required by applicable law. 2.13 Office Operations. _____________ shall employ sufficient administrative staff to permit _______________ to competently perform their obligations under this Agreement. Upon the City's written request, ________________ shall provide the City with a written job description for each wedding and special event management position. The City shall keep these job descriptions in strict confidence, subject only to applicable public records disclosure laws. 2.14 Safety and Security. All wedding and special event management services, at Leo Carrillo Ranch Historic Park, shall comply with all safety regulations of federal, state, and local governmental agencies, including without limitation any requirements imposed by California Labor Code Section 6300 et seq. and regulations promulgated with respect thereto, and applicable federal occupational, health, and safety laws and regulations. _______________ shall take all reasonable actions to protect the safety of all wedding and special event management services employees and customers. All records relating to wedding and special event management services in accordance with this Agreement shall be kept in fireproof files and made available to the City upon request. 2.15 Contracts and Agreements. ________________ shall negotiate, consummate, enter into, and perform such agreements as __________________ may deem necessary or advisable for the furnishing of all food, beverages, concessions, entertainment, operating supplies, equipment, repairs and other materials and services as ________________ determines are needed from time to time for the management and operation of wedding and special event management services. 2.16 Alterations to Buildings, Amenities and Grounds. _______________ shall not make any alterations, additions, or changes to the exterior appearance or the structural nature of any buildings, amenities, landscape or grounds located at Leo Carrillo Ranch Historic Park without the prior written consent of the City. The replacement cost or repair of any loss or damage to Leo Carrillo Ranch Historic Park buildings, amenities, landscape, or grounds, excluding reasonable wear and tear, that occurs as part of or arising out of _________________ wedding and special event management services shall be the sole responsibility of ________________________. The City shall not be held responsible for any changes to the architecture and landscaping caused by natural events (e.g., weather, natural disasters) or by maintenance activities necessary to preserve the architecture and landscaping. The City will notify _____________________ in writing within five calendar days or upon reasonable discovery, of any loss or damage to Leo Carrillo Ranch Historic Park buildings, amenities, landscape or Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 29 | P a g e grounds that occurs as part of or arising out of ________________ wedding and special event management services. 2.17 Venue Standards. The parties acknowledge and agree that Leo Carrillo Ranch Historic Park wedding and special event management services shall be operated as a first-class wedding and special event venue. As used herein, "first class wedding and special event venue" shall mean a venue comparable to the following venues in San Diego County: The Crossings at Carlsbad Carlsbad; Twin Oaks Garden Estate San Marcos; Green Gables Wedding Estate San Marcos; San Diego Botanic Gardens Encinitas; Rancho Los Cerritos Long Beach; and the Lodge at Torrey Pines La Jolla, as they exist on the Effective Date of this Agreement. 2.18 City Inspection and Evaluation. At any time during the term of this Agreement, the Parks & Recreation Director or designee shall inspect some or all of the weddings or special events held at Leo Carrillo Ranch Historic Park for purposes of compliance with the wedding and special event management Annual Plan. In conducting such inspection and evaluation, the Parks & Recreation Director or designee shall complete a wedding and special event management services evaluation form (Evaluation Form), or applicable portions thereof, and shall promptly thereafter provide _____________ a copy of the completed Evaluation Form or applicable portion thereof. City agrees that the Parks & Recreation Director or designee shall act reasonably and in good faith in making the determination of whether the wedding and special event management services Annual Plan, or applicable portion thereof, have been met. The shall be rated as "Acceptable," "Needs Improvement," and "Unacceptable." within seven (7) calendar days after the receipt of the wedding and special event management services Evaluation Form. City may terminate this Agreement if Contractor fails to correct the deficiency items within the proscribed time period. When a Deficient Item has been satisfactorily corrected in the judgment of the City, the City and the wedding and special event manager shall each sign the Notice acknowledging completion of the corrective action. 2.19 Deficiency Items - Results of _________ Failure to Take Corrective Action. If ____________ the Agreement may be terminated. ARTICLE III INSURANCE REQUIREMENTS AND INDEMNITY 3.0 Amounts of Insurance and coverage. For the duration of this Agreement, _______________ shall procure and maintain, at a minimum, the following types and amounts of insurance and coverage as described in this Article III: Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 30 | P a g e 3.1 Types of Coverage: (a) of the State of California providing all statutory benefits and covering all wedding and special event management services employees who are _____________________ employees. (b)Commercial General Liability. (1) Coverage shall include all premises and operations, including but not limited to, bodily injury, property damage, personal injury, liquor liability, independent contractors, products and completed operations and contractual liability. The applicable limits of liability shall be the minimum combined single limit of $2,000,000 per occurrence. (2) The City, and its officers, officials, employees, agents, and volunteers, and the City of Carlsbad, its officers, officials, employees, agents and volunteers, and any other parties to which the City is required to have named as additional insured on insurance related to the wedding and event management services (provided that such parties are identified in writing to __________________), shall be named as an additional insured as respects liability arising out of work or operations performed by or on behalf of __________________. (c)Automobile Liability. Automobile Liability coverage shall apply to all automobiles, trucks and other motor vehicles utilized or controlled by _________________ in connection with the Agreement, and shall include all owned, hired and non-owned vehicles in the amount of $1,000,000 combined single limit per occurrence. (d)Umbrella or Excess Liability Coverage. The coverage required above may be satisfied through a combination of primary and umbrella or excess liability coverage. 3.2 Other Insurance Provisions: (a) All insurance as is afforded under this Agreement shall be primary and without right of contribution from any other policies that are carried or are self-insured by the City or by any additional insured with respect to their interest in wedding and special event management services. Further, such insurance shall expressly provide that all the provisions thereof, except limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. (b) City shall be named as additional insureds on all policies on which each is not named as a primary insured to the extent allowed by law. (c) Within ten (10) business days after execution of this Agreement, __________________ will furnish certificates of insurance and endorsements to City evidencing compliance with the insurance requirements in this Agreement. City has the right to review and request modification of certified policies as reasonably necessary. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 31 | P a g e Each certificate and endorsement shall be subject to reasonable approval by City and shall provide that such policy shall not be subject to material alteration to the detriment of City or ting to be delivered by registered mail to City. Should any policy expire or be canceled before the expiration of this Agreement and ______________________ fails to immediately procure other insurance as specified, City reserves the right, but shall have no obligation, to procure such insurance at ___________________expense. (d) Insurance required under this Agreement shall be maintained with California admitted insurers that carry a -VII. If a carrier is non-admitted, a minimum -X shall be required. Coverage shall be from a surety or insurance company reasonably acceptable to City. 3.3.1 Insurance Maintained by ______________. The parties acknowledge and understand that as of the Effective Date the following applies to insurance maintained by ______________________: (a) Five Thousand Dollars ($5000.00) deductible per occurrence for property damage insurance, (b) ZERO Dollars ($0.00) self-insured retention per occurrence for commercial general liability insurance and automobile liability insurance, and (c) ZERO Dollars ($0.00) participation in loss limits (which is comparable to self- insurance) per accident for workers compensation insurance. ____________ shall notify City in writing at least thirty (30) days prior to any increase in the deductible amount or self-insured or self-assumed amounts for the insurance coverage maintained by _____________ under this section. The City shall have the right to approve an increase in the amount of any deductible. INDEMNIFICATION. 3.4 ________________________ Indemnification. (a) officers, elected officials, members, employees, agents, representatives, and volunteers from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, results from or is connected with one or more of the following: (1) Any act or omission by _______________ or any shareholder, director, officer, or employee of ________________ in connection with _____________ performance under this Agreement that constitutes negligence or willful misconduct; or (2) Any action taken by ________________ relating to wedding and special event management services: (i) that is expressly prohibited by this Agreement or any federal, state or local law; (ii) that is not within the scope of ______________ duties under this Agreement; or (iii) that is not within _______________ delegated authority under this Agreement. (3) ________________ defense and indemnification obligations under this Section shall Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 32 | P a g e not apply to claims arising out of the sole negligence or willful misconduct of City or volunteers. (b)Survival. The defense and indemnification obligations of ________________ contained in this section shall survive the expiration or termination of this Agreement. 3.5 Compliance with Environmental Law. In performing its responsibilities under this Agreement, __________________ shall comply with all federal, state, and local laws and regulations pertaining to the storage, use, and disposal of "hazardous or toxic wastes, substances, or materials" as defined by applicable law. 3.6 Business License. Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. ARTICLE IV PAYMENTS DURING MANAGEMENT TERM 4.0 Forms of ______ Payment. _______________ shall pay City for the exclusive right to offer full-service wedding and special event management services at Leo Carrillo Ranch Historic Park. 4.1 Fixed Management Payment. During the Management Term, _______________ shall guarantee payment to the City consistent with the annual amount listed in the proposed payment schedule in advance basis on the last day of month (April, July, Oct., and Jan.). ARTICLE V TERMINATION RIGHTS 5.0 Termination by City. In addition to any other rights of the City to terminate this Agreement that are set forth in this Agreement, the City shall also have the right to terminate this Agreement upon the occurrence of any of the following events: (a) _______________ fails to keep, observe or perform any material covenant, agreement, term or provision of this Agreement, and such default continues for a period of ten days after written notice of such default by City to _____________________. (b) (i) _____________ applies for or consents to the appointment of a receiver, trustee or liquidator of ______________ or of all or a substantial part of its assets; (ii) _____________ files a voluntary petition in bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors; (iii) ________________ files an answer admitting the material allegations of a bankruptcy petition reorganization proceeding, or insolvency proceeding filed against _____________; (iv) ______________ admits in writing its inability to pay its debts as they come due; (v) ______________ makes a general assignment for the benefit of creditors; (vi) an involuntary bankruptcy petition is commenced Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 33 | P a g e against ________________; or (vii) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating _____________ a bankrupt or insolvent or approving a petition seeking reorganization of _____________ or appointing a receiver, trustee or liquidator of ____________ or of all or a substantial part of its assets, and such order, judgment or decree continues unstated and in effect for any period of sixty consecutive days. (c) This Agreement may be terminated by the City, without penalty or cause, at any time if the City delivers written notice to ________________ of its intention to terminate. Such notice shall be given at least ninety days prior to termination. If such prior written notice is not given by the City in the time period specified above, then this Agreement shall continue until the Termination Date. pursuant to Section 5.0 (a) and (b), above, shall be exercised upon written notice to ate of such termination, which date shall not be less than thirty (30) days. Notice shall be given in the manner set forth in Section 7.2 below. _______________________ shall have the right to fulfill the terms of any existing wedding or special event management services booked during the term of this Agreement beyond the natural termination date of this Agreement (not to exceed two years), so long as this Agreement was not terminated pursuant to Section 5.0 (a) or (b) or Section 5.1. 5.1 Termination by ______________. _____________ shall have the right to terminate this Agreement upon the following events: (a) If the City fails to keep, observe, or perform any other material covenant, agreement, term, or provision of this Agreement, and such default continues for a period of sixty days after notice of such default by ___________ to City, _________ right to terminate this Agreement pursuant to this section shall be exercised upon written notice to City given at any time after the applicable cure period has expired. The grace period shall be extended as may be required for the City to comply with applicable law pertaining to the posting of agendas and hearings notices. ______________termination notice shall specify the effective date of such termination, which date shall not be less than one hundred and eighty days after the date of ________________ termination notice. Once _________________________ notice of termination is provided to City and any applicable City cure period has expired, such notice of termination shall not be rescinded. 5.2 Payments Upon Termination. Upon expiration or termination of this Agreement, all sums owed by __________________ shall be paid in full to the City within sixty days of the effective date of such termination. 5.3 Curing Defaults. Any default by _______________ or City which is susceptible of being cured shall not constitute a basis for termination of this Agreement if the nature of such default will not permit it to be cured within the cure period allotted; provided that within such cure period the alleged party in default Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 34 | P a g e shall have given notice of its intent to cure, has commenced to cure such default, and is proceeding to complete the cure in good faith and with reasonable diligence. 5.4 Effect of Termination. The termination of this Agreement shall not affect the rights of the terminating party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination. 5.5 Remedies. (a). Upon the occurrence of an event of default by ____________, the City may: (1) Seek specific performance of ______________ obligations or injunctive relief, as applicable; (2) Demand payment of all amounts due the City under the terms of this Agreement and demand the payment of all costs, damages, expenses, and fees of the City arising due to _________________ event of default; and (3) Proceed to remedy the event of default. All sums so expended or obligations incurred shall be paid by ______________ to the City within thirty days after written demand by the City; and (b) ____________Remedies. Upon the occurrence of an event of default by the City, _____________ may: (1) Terminate this Agreement by providing one hundred and eighty (180) days advance written notice of termination to the City. 5.6 Remedies Cumulative. Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. 5.7 Accounting on Termination. Upon termination of this Agreement the City shall perform an audit of _____________ books and records related to all bookings and events to ensure a proper accounting of all debts, obligations, and revenue. ____________ has a duty to provide all calendar, books, and records to facilitate future events. All monies held by _____________ for future bookings and events shall be immediately transferred to the City and held for said bookings and events. ARTICLE VI TITLE MATTERS: ASSIGNMENT 6.0 Ownership of Improvements to Leo Carrillo Ranch Historic Park. _________________ shall not make any improvements, whether permanent or temporal, to Leo Carrillo Ranch Historic Park or to any Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 35 | P a g e All improvements made by the Contractor to or at Leo Carrillo Ranch Historic Park, made during the term of this Agreement shall be deemed the property of the City at such time as the improvements are made. 6.1 ____________________Assignment or Subcontracting is Prohibited. __________________ shall not assign this Agreement without the prior written consent of the City. No assignment shall be effective unless ____________ and such assignee execute an assignment and assumption in a form acceptable to the City Attorney and the City Attorney has approved the Assignment as to Form. Any assignment by _______________ of this Agreement in violation of the provisions of this Agreement shall be null and void and shall be deemed a termination for cause and this Agreement shall be terminated by the City. In addition to any other remedies available to the parties, the provisions of this Section may be enforceable by injunctive proceeding or by suit for specific performance. Contractor shall not subcontract any of the services required to be performed by Contractor. For purposes of this section, subcontracting does not include those agreements made between Contractor and event vendors for purposes of providing services to the wedding or special event (e.g. catering, photography, etc.). 6.2 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, successors and assigns. 6.3 Park Name. Leo Carrillo Ranch Historic Park shall be known by such trade name and/or trademark, or logo as may from time to time be determined by the City. The parties acknowledge and understand that the names, logos, and designs developed or provided for the City and used in the operation of Leo Carrillo Ranch Historic Park together with appurtenant goodwill, are the exclusive property of the City. ___________ may identify Leo Carrillo Ranch Historic Park wedding and special event management services managed and operated by _______________; provided, however, that any display of any _______________ logo or other corporate identification shall first be approved in writing by the City and in exercising its sole discretion. ARTICLE VII GENERAL PROVISIONS 7.0 Contract Administration. City has designated the Parks & Recreation Director as the individual who is responsible for administering this Agreement on behalf of City. The Parks & Recreation Director may designate a member of his or her staff to serve as the contract administrator, which individual shall The Parks & Recreation Director shall inform ______________ in writing of the person who will serve as the contract administrator and any change of the contract administrator. ______________ has designated __________________ as the individual who is responsible for administering this Agreement and consenting to matters which requires ______________ consent on behalf of ____________. _______________ shall notify the City in writing if another individual has replaced the foregoing designated person as the person responsible for administering this Agreement on behalf of _____________. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 36 | P a g e 7.1 Compliance. ______________ shall comply with all applicable laws of governmental bodies having jurisdiction with respect to Leo Carrillo Ranch Historic Park, including but not limited to The Americans with Disabilities Act (ADA) and ________________ performance of this Agreement. _____________ shall procure and maintain all licenses, permits, and approvals required for the wedding and special event management services. Upon termination or expiration of this Agreement, ______________ shall cooperate in transferring all licenses, permits and accreditations in the name of _____________to the City as permitted by law. 7.2 Notices. All notices, demands, requests, consents, approvals, replies and other communications ("Notices") required or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail return receipt requested, postage prepaid to the addresses stated below; or (c) by deposit with a same-day or overnight express delivery service that provides a receipt showing date and time of delivery. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by same-day or overnight express delivery service shall be deemed effective upon receipt. Notice by personal delivery shall be deemed effective at the time of personal delivery. For purposes of Notices hereunder, the address of the City shall be: City of Carlsbad Parks & Recreation Department 799 Pine Avenue, Ste. 200 Carlsbad, California 92008 Attention: Parks & Recreation Director For purposes of Notices hereunder, the address of ___________________ shall be: Name: _______________________________________ Address: ______________________________________ Address 2: _____________________________________ City, State, Zip Code: _____________________________ Attn: __________________________________________ Each party shall have the right to designate a different address by the giving of notice in conformity with this Section. 7.3 Independent Contractor. __________________ shall at all times be considered an independent contractor under this Agreement. Nothing contained in this Agreement shall be construed to be or create a partnership or joint venture between City, on the one part, and _____________ and its successors and assigns, on the other part. 7.4 Modification and Changes. This Agreement may be amended or modified only in writing and signed by both parties. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 37 | P a g e 7.5 Entire Understanding and Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the wedding and special event management services at Leo Carrillo Ranch Historic Park. 7.6 Headings. The Article, Section, and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 7.7 Consents. Each party agrees that it will not unreasonably withhold any consent or approval requested by the other party pursuant to the terms of the Agreement, and that any such consent or approval shall not be unreasonably delayed or qualified, except where such consent is expressly stated as within the party's sole, exclusive or absolute discretion. Similarly, each party agrees that any provision of this Agreement, which permits such party to make requests of the other party, shall not be construed to permit the making of unreasonable requests. 7.8 Survival of Covenants. Any covenant, term, or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination. 7.9 Third Parties. None of the obligations under this Agreement of either party shall run to or be enforceable by any party other than the party to this Agreement or by a party deriving rights under this Agreement as a result of an assignment permitted pursuant to the terms of this Agreement. 7.10 Waivers. No failure by ______________ or City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy consequent upon the breach of this Agreement shall constitute a waiver of any such breach or any subsequent breach of the same covenant, agreement, term or condition. No covenant, agreement, term or condition of this Agreement and no breach of this Agreement shall be waived, altered or modified except by a written instrument. A waiver of any breach of this Agreement shall only affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms and conditions of this Agreement shall continue in full force and effect. 7.11 Applicable Law and Venue. This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of California. The parties agree that the Superior Court of the State of California, County of San Diego shall have jurisdiction of any litigation between the parties relating to this Agreement. 7.12 No Presumption Regarding Drafter. City and ______________ acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between City and ______________, and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either City or __________________ to be the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement. 7.13 Enforceability of Any Provision. If any term, condition, covenant or obligation of this Agreement shall be determined to be unenforceable, invalid, or void, such determination shall not affect, impair, Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 38 | P a g e invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement. All amounts payable pursuant to this Agreement shall be in lawful money of the United States of America. 7.14 Counterparts; Facsimile Signatures. This Agreement and any amendment may be executed in counterparts, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. With the exception of the original Agreement, signatures on subsequent amendments to this Agreement may be achieve by using facsimile signatures and any such facsimile signature shall be as effective as an original signature. 7.15 Covenants Against Discrimination. _____________ agrees that in connection with its performance under this Agreement, there shall be no discrimination by ______________ against any person on account of race, color, creed, religion, sex, marital status, national origin or ancestry. _______________ agrees to include a provision similar to this Section in all subcontracts entered into by _______________ in connection with work being performed under this Agreement. 7.16 Exhibits and Attachments Incorporated. All exhibits and attachments to this Agreement are incorporated herein and made a part hereof. 7.17 Assurances. The parties represent for themselves that (a) such party is duly organized and validly existing; (b) the person or persons executing this Agreement on behalf of such party is/are duly authorized to execute and deliver this Agreement on behalf of such party; (c) by so executing this Agreement, such party is formally bound to the terms and provisions of this Agreement; and (d) the execution of this Agreement does not violate any provision of any other agreement to which such party is bound. Additionally, the City represents and warrants to ________________ that (a) the City has and will retain the property interests in Leo Carrillo Ranch Historic Park necessary to enable _________________ to perform its duties pursuant to this Agreement peaceably and quietly; and (b) that _________________ performance of the services required by this Agreement shall not violate the property rights or interests of any third party. 7.18 Outside Business. Nothing contained in this Agreement shall be construed to restrict or prevent, from engaging in any other businesses or investments, nor shall the City or ________________________ have any right to share or participate in any such other businesses or investments of the other party. Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 39 | P a g e IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the day and year first written above. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) City Manager or Mayor or Division Director as authorized by the City Manager (print name/title) Attest: By: (sign here) SHERY FREISINGER City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDY MCMAHON, City Attorney BY: _____________________________ Assistant City Attorney Wedding and Special Event Management S E R V I C E S R E Q U E S T F O R P R O P O S A L CARLSBAD, CA 40 | P a g e Exhibit B Certification of Proposer CERTIFICATION OF PROPOSER I certify that I have read this Request for Proposal, RFP # 25-03 Wedding and Special Event Management Services - Leo Carrillo Ranch Historic Park, and the instructions for submitting a Proposal. I further certify that I must submit the response to this request and that I am authorized to commit the firm to the Proposal submitted. Signature Typed or Printed Name Title Company Telephone Address Fax Address Date ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/8/2025 (858) 200-3389 (858) 200-3390 24074 Personal Touch Dining, Inc. 9605 Kearny Villa Road San Diego, CA 92126 11770 25674 38970 A 1,000,000 X BKO (25) 58 20 83 16 7/8/2024 7/8/2025 1,000,000 15,000 1,000,000 2,000,000 2,000,000 LIQUOR LIABILIT 1,000,000 1,000,000B 983427555 1/8/2025 7/8/2025 1,000,000C CUP-9X40937A-24-NF 7/8/2024 7/8/2025 1,000,000 D MWC0139916-07 1/1/2025 1/1/2026 1,000,000 1,000,000 1,000,000 A Liquor Liability BKO (25) 58 20 83 16 7/8/2024 Limit 1,000,000 RE: All Projects. The City of Carlsbad, its officers, officials, employees, agents and volunteers, and Leo Carrillo Ranch are named as additional insured with respect to general liability per attached. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 PERSTOU-01 ESHVA1 Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services 9655 Granite Ridge Drive, Ste 450 San Diego, CA 92123 Heather Wirsig heather.wirsig@assuredpartners.com The Ohio Casualty Ins. Co. United Financial Casualty Co. Travelers Property Casualty Co Of America Markel Insurance Company 7/8/2025 X X X X X X