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Agenda Item
ASR
Control 20-000777 |
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MEETING DATE: |
10/20/20 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
OC Community Resources (Approved) |
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Department contact
person(s): |
Dylan Wright (714) 480-2788 |
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Stacy Blackwood (949) 923-3743 |
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Subject: Amend and Extend Summer
Concert Series Contract
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$200,000 |
Annual Cost:
FY 2021-22: $200,000 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 3/26/2019
#31, 1/23/2018 #30, 5/10/2016 #10 |
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RECOMMENDED ACTION(S):
Approve and authorize the County Procurement Officer or authorized Deputy to execute Amendment Number Four to the contract with The ACE Agency, Inc. for Management Services for the OC Parks Summer Concert Series to revise Articles, Section 23, Notices, to update contact information, revise Attachment A, Scope of Work, Section VII, Approval of Work and extend the contract for the term of January 1, 2021, through December 31, 2021, for a not-to-exceed amount of $400,000 for a revised cumulative total contract amount of $2,200,000.
SUMMARY:
Authorization to execute the Amendment to the contract with The ACE Agency, Inc. will facilitate delivery of the Summer Concert series, Sunset Cinema movie night series and other public events to support the promotion, use and enjoyment of OC Parks facilities.
BACKGROUND INFORMATION:
OC Community Resources/OC Parks (OC Parks) utilizes the services of private contractors to plan, coordinate and produce the annual Summer Concert series consisting of 10 concerts and other additional events, such as the Sunset Cinema movie night series at the parks. These services include, but are not limited to: developing marketing, public relations and outreach plans; soliciting sponsorships; identifying and booking artists; providing equipment; and advertising, promoting and producing events. After an evaluation of internal resources, it was determined that it is more cost effective to utilize a contractor to provide these services.
On May 10, 2016, after a competitive procurement process, the Board of Supervisors (Board) awarded a contract to The ACE Agency, Inc. (ACE) for these services effective May 11, 2016, through May 10, 2017, in an amount not to exceed $300,000, renewable for four additional one-year terms. On May 4, 2017, Amendment Number One was administratively issued to renew the contract through May 10, 2018.
During the summer of 2017, OC Parks introduced a series of movie nights entitled OC Parks Sunset Cinema, in addition to the ongoing summer concert series. The first year of the Sunset Cinema series was well received by the public and, because of its success, OC Parks had determined it would continue to offer the Sunset Cinema series in coming years. On January 23, 2018, the Board approved Amendment Number Two to increase the contract annual not-to-exceed amount by $100,000, for a new contract limit of $400,000 per year, to provide for turnkey delivery of 14 movie events in 2018 and each contract term thereafter, and renew the contract through May 10, 2019.
Since the commencement of the contract in May 2016, the scale and scope of the concert and movie series have grown to include more prominent artists and more elaborate productions, requiring additional lead time to plan the events. Amendment Number Three was approved by the Board on March 26, 2019, to renew the contract for a final term of 19 months from May 11, 2019, to December 31, 2020, for a not-to-exceed amount of $800,000. The $800,000 not-to-exceed limit was allocated for event production for both the 2019 and 2020 concert and cinema series.
As a public health precaution to minimize impacts of COVID-19, state and local orders were issued in March 2020 that halted activities involving large gatherings of people, resulting in the temporary discontinuation of summer concerts and movie nights during the health emergency. OC Parks quickly pivoted to modify public programming techniques that would both comply with existing health orders and provide a source of entertainment during a time when so few alternatives are available. In 2020, OC Parks launched several virtual concerts and drive-in movie events, which are reflected in the tables below, and continues to plan for events in the near-term should restrictions remain in place. Moving forward into 2021, OC Parks anticipates to be able to resume normal, full-scale concerts and movie nights, if and when appropriate.
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2016 Concert Series |
2017 Concert Series |
2018 Concert Series Estimated Attendance |
2019 Concert Series Estimated Attendance |
2020 Virtual
Concert Series Number of Views |
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11,150 |
18,600 |
26,500 |
25,250 |
OC Parks Sound Check, a six-show virtual concert series had 140,000+ views |
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2017 Movie Series |
2018 Movie Series Estimated Attendance |
2019 Movie Series Estimated Attendance |
2020 Drive-In Movie Series Estimated Attendance (As of September 28, 2020) |
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9,550 |
12,780 |
13,125 |
Three drive-in events, consisting of 10 nights, had a combined 3,200+ attendees |
Pursuant to the April 21, 2020, Board Resolution No. 20-031 regarding Procurement activities during COVID-19, Amendment Number Four to the contract (Attachment A) has been prepared to extend the contract for the period from January 1, 2021 through December 31, 2021. The Amendment also revises Section 23, Notices, to update County and ACE contact information and revises Attachment A, Scope of Work, Section VII, Approval of Work, to add the following: “Governmental enforcement with added restrictions to public gatherings and modifications to events may be necessary, due to natural disasters and/or other occurrences, i.e., pandemic (COVID-19). In such events, any changes to these events must have County prior approval.”
Contract MA-012-16011855 currently includes subcontractors. See Attachment C for information regarding subcontractors and Contract Summary Form. The contractor’s performance has been confirmed as satisfactory. OC Community Resources has verified there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests.
Compliance with CEQA: The proposed project was previously determined to be Categorically Exempt from the California Environmental Quality Act pursuant to Section 15311 (Class 11) of the CEQA Guidelines which provides for the exemption of placement of seasonal or temporary use items such as concert sound, lighting, equipment and stage or similar items in generally the same locations from time to time in publicly owned parks, on May 10, 2016, when the OC Parks Summer Concert Series Management Services Contract was originally approved.
FINANCIAL IMPACT:
Appropriations for this Amendment are included in the OC Parks/Budget Control 405 FY 2020-21 Budget and will be included in the budgeting process for FY 2021-22.
This contract contains language allowing OC Community Resources to terminate or modify the contract without penalty in the event that funding is reduced and/or not available.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Amendment Number Four to Contract
MA-012-16011855
Attachment B – Contract MA-012-16011855 Redline
Attachment C – Contract Summary Form