SR 08-22-2023 5F
City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 5.F
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To: Mayor and City Council
From: Christopher Smith, Acting Chief Information Officer, Information Services
Department
Subject: Accept Proposal and Enter into Agreement with the San Francisco AIDS
Foundation for the AIDS/LifeCycle 2024 Finish Line Festival
Recommended Actions
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15323 (Class 23
Normal Operations of Facilities for Public Gatherings) of the California
Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a license agreement with
the San Francisco AIDS Foundation for use of the 4 South Beach Parking Lot
from June 7-8, 2024 for the “AIDS/LifeCycle 2024 Finish Line Event.”
Summary
As part of this year’s Santa Monica Pride festivities, Santa Monica hosted the Finish
Line Festival for the 2023 AIDS/LifeCycle for the first time. AIDS/LifeCycle (The Ride),
a 7 day, 545-mile bike ride from San Francisco to Los Angeles, co-produced by and
benefiting San Francisco AIDS Foundation and the Los Angeles LGBT Center, brings
approximately 2,500 cyclists down the California coastline over a 545 -mile route from
San Francisco to Santa Monica. The Ride is the premier fundraising event for both
agencies, and in 2023 raised $11.8 million for HIV/AIDS services in the San Francisco
and Los Angeles regions. Staff now requests authorization to have the Finish Line
Festival for AIDS/LifeCycle return to Santa Monica for 2024. The event would again be
held in City Beach Lot 4 South.
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Discussion
To further embrace the City’s core values of equity and inclusion, SaMo PRIDE was
established in 2019 as a city-wide partnership between the City of Santa Monica,
Downtown Santa Monica, Inc., Santa Monica Pier, Santa Monica Place and Santa
Monica Travel and Tourism dedicated to celebrating the LGBTQIA+ community and
providing a platform to champion individuality and acceptance. Since its inaugural year,
SaMo PRIDE has evolved into a rich community tradition with family-friendly displays,
events and activities that encapsulate the City’s inclusive and diverse spirit. SaMo
PRIDE continues to strive to increase visibility and understanding of the broad spectrum
of gender identities and experiences within the LGBTQIA+ community. The Cit y’s
perfect score on the Human Rights’ Campaign’s 2022 Municipal Equality Index is
recognition of the community’s broad commitment to LGBTQIA+ equity inclusion,
creation of safe spaces, inclusive policies, and advocacy for LGBTQIA+ protections.
The opportunity to retain The Ride and the Finish Line Festival event in Santa Monica
advances the work established by the City and SaMo Pride partners to support the
LGBTQIA+ community and address issues facing this community. Services for those
living with HIV/AIDS remains a critical health need. The Center for Disease Control
estimates that 62,800 people with HIV/AIDS are living in Los Angeles County. The virus
disproportionately affects people of color and the LGBTQ+ community, those who have
difficulty accessing traditional healthcare services. Those living with HIV/AIDS are also
at greater risk of becoming homeless. The range of services funded by the
AIDS/LifeCycle event help support this community to ensure access to treatment,
education, and other services.
Overview of the Ride
The Ride is a 7-day, 545-mile bike ride from San Francisco to Los Angeles, co-
produced by and benefiting San Francisco AIDS Foundation and the Los Angeles LGBT
Center. The Ride began in 1994 and was called the “California AIDS Ride.” In 2002, it
was rebranded as AIDS/LifeCycle. Since 1994, participants have raised more than $300
million for the HIV and AIDS-related services of the Los Angeles LGBT Center and San
Francisco AIDS Foundation. In 2023, the Ride raised $11.8 million, which serves to
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underwrite significant costs associated by the health services provided by these two
agencies.
Overview of the Event
The AIDS/LifeCycle Finish Line Festival incorporates both a finish line experience for
2,500 cyclists and 650 7-day volunteers (called Roadies), as well as a reception point
for event vehicles, supplies, and equipment. The event would be held on June 8, 2024,
in the 4 South Beach Parking lot. Cyclists will use the City’s existing bike lane network
to exit off the Beach Bike Path at Channel Road and navigate up to Ocean Avenue
where they will use the bike lanes to ride down to Bicknell and enter the event site.
Cyclists are paced when leaving the campsite in Ventura and ride single file on public
streets abiding by all laws, and according to a strict set of safety policies that are
enforced by event staff throughout the duration of the Ride. This means that unlike
other traditional “race” events, participants steadily enter the event site over the course
of 4 hours rather than en masse at any one time. This allows all roads to remain open
during the event.
In shaping its event proposal in 2023, the AIDS/LifeCycle event team engaged with
several relevant City departments, including the Santa Monica Police Department,
Mobility and Parking staff within the Department of Transportation, Economic
Development/Pier Management, the Community Events Team, the City Attorney’s
Office, and the City Manager’s Office. The AIDS/LifeCycle team also worked closely
with the Ocean Park Association, Main Street Businesses, and other stakeholders as
part of ensuring a safe and successful event. In the end the City received one
complaint about the loss of parking in this facility, but many more expressed excitement
and gratitude for bringing this event to Santa Monica.
The AIDS/LifeCycle event team has already engaged City staff for the 2024 Finish Line
Festival event to again align event plans with key Council and community objectives —
including safety and security of the event site and surrounding areas, planning for traffic
management and alternative mobility options, and supporting economic development
for the City.
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Event activities will mirror those in 2023, including:
• Barricaded cyclist chute through which participants cross the official end of the
route
• Friends and family spectator area where viewers can watch and cheer on the
cyclists
• Bike Parking for 1,000 cyclists
• Bike Tech and Bike Shipping
• Participant Gear Pick Up
• Cyclist Lunch
• An event stage
• A “Camp Store” retail space
• An outreach lounge and recruitment area
• Sponsorship activations
The event will involve closure of the 4 South Beach lot from noon on June 7, 202 4,
through June 8, 2024.
License Agreement
The City’s Community Events Permit process and Site Guidelines do not currently allow
for events on the Santa Monica Beach and Beach Lots during the peak summer
months, in order to preserve maximum access for beachgoers. Outside of summer,
beach events are required to have a “beach-related activity” such as beach sports as a
primary component.
Staff supports this event because of the potential economic impact and the opportunity
to establish a marquee event for SaMoPride that provides over $11.8 million in funding
to deliver needed HIV/AIDS services in our region and the San Francisco region,
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including access to healthcare and services as well as services such as housing and
support for those living with HIV/AIDS.
Community Engagement
The AIDS/LifeCycle event team is dedicated to a good neighbor policy. Having hosted
this event since 1994, they are experienced working with community members and
other stakeholders to help address concerns wherever possible. The event is
supported by the SaMo Pride partners and the team has met with the Main Street
Business District and Ocean Park Association (OPA), both of whom support bringing
the event to Santa Monica. OPA has also committed to partner with the City and Ride
Team to help engage OPA residents to inform the community of this event, including
through their weekly newsletter and community meetings. The team will meet with
these groups starting in January 2024 and remain in community up through the event in
June 2024.
Coastal Commission Approval
This event will require a Coastal Development Permit because it occurs between
Memorial Day and Labor Day, pursuant to the Coastal Commission’s adopted
Guidelines for the Exclusion of Temporary Events from Coastal Commission Permit
Requirements, dated May 12, 1993. This was permitted for the 2023 event and staff
does not perceive any issues receiving the permit again this year. The City’s adopted
1992 Coastal Land Use Plan would be the standard of review, in addition to the
aforementioned guidelines, however, the 1992 LUP does not contain any policies
regarding temporary events.
Past Council Actions
Meeting Description
1/10/2023 Authorization of License Agreement for 2023 ALC Finish Line
Festival
Environmental Review
The event is categorically exempt pursuant to Section 15323 (Class 23 Normal
Operations of Facilities for Public Gatherings) of the California Environmental Quality
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Act (CEQA) guidelines. Class 23 consists of the normal operations of existing facilities
for public gatherings for which the facilities were designed, where there is a history of
the facility being used for the same or similar kind of purpose in where there is a past
history of the facility being used for the same or similar kind of purpose. The 4 South
Beach Parking lot and City’s bicycle network has been previously used for public
events, and therefore, the AIDS/LifeCycle 2024 Finish Line Event is categorically
exempt from CEQA.
Financial Impacts and Budget Actions
The City will receive $21,034 in revenues for use of the 4 South Beach Lot and parking
staff costs. The Event will also be required to pay fees for all permits and licenses
required to support the event. Additional ancillary positive impacts would accrue
through additional transient occupancy tax, and sales tax, along with benefits related to
enhancement of the City’s brand and marketability to visitors.
Prepared By: Christopher Smith, Acting Chief Information Officer
Approved
Forwarded to Council
Attachments:
A. ALC 2024 Finish Line Festival Event Narrative
B. January 10, 2023 Staff Report Authorizing ALC 2023 Finish Line Festival (Web
Link)
C. AIDS Lifecycle Ride License Agreement 2023
D. AIDS LifeCycle Ride Oaks 2024
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AIDS/LifeCycle 2024
Finish Line Festival Event Narrative
OVERVIEW
This narrative details the Finish Line Festival event,which occurs as the final moment of the
AIDS/LifeCycle 7-day bike ride from San Francisco to Los Angeles (also referred to herein as
‘ALC’or ‘the Ride’).In 2023,the AIDS/LifeCycle event organizers,in conjunction with
representatives from the City of Santa Monica,approved a contract to bring ALC’s Finish Line
Festival experience to Santa Monica’s Parking Lot 4 South.The event was a huge hit with
participants,supporters,event staff,and the surrounding community.
After a very successful 2023 event,the event organizers are working with the City of Santa
Monica to return to Parking Lot 4 South for their 2024 event,as a part of Santa Monica’s month
of Pride Programming.The event will be free and open to the public,and will occur on Saturday,
June 8,2024,from approximately 10AM to 4PM.
The event plan as proposed to the City of Santa Monica will include the activation of the long
term parking portions of Lot 4 South to house the AIDS/LifeCycle Finish Line,Finish Line
Festival,and participant services.
TIMELINE
●Load In:Friday,June 7,2024,12:00PM -10:00PM:Load in and setup up event
infrastructure in Lot 4 South
●Finalize Set Up:Saturday,June 8,2024 -6AM -10AM:final placement of
infrastructure;open event to receive ALC participants &the public
●Operate Event:Saturday,June 8,2024 -10:30AM -4PM:receive event participants;
all areas open &operating
●End of Event:Saturday,June 8,2024:4PM -4:30PM:Closing Ceremony occurs
following the final cyclist crossing the Finish Line
●Strike &Load Out:Saturday,June 8,2024:4:30 PM -11:59 PM:close down &strike
all event areas;ALC completely off-site by end of day
EVENT DESCRIPTION -PARKING LOT 4 SOUTH
Parking Lot 4 South will house event infrastructure that exists to support the Finish Line
experience and getting ALC participants off of the event:
●Finish Line Chute:A delineated,protected lane for event cyclist traffic,with runs of
barricade on either side to protect cyclists.We will have approximately 2,500 cyclists,all
riding single file &spaced out with a full bike length between them and the bike in front
of them,crossing the finish line at some point between 10AM and 4PM.The flow of
cyclists is gradual and follows the arc of a bell curve -it’s a trickle of cyclists between
10AM and 1PM;then a heavier flow between 1PM and 3PM;then back to a trickle from
3PM to 4PM.Spectators typically line up along the chute to watch their friends and
family cross the finish line.
●Finish Line:The official ending point of the event for cyclists
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Packet Pg. 168 Attachment: ALC 2024 Finish Line Festival Event Narrative (5854 : License Agreement for AIDS/LifeCycle event)
AIDS/LifeCycle 2024
Finish Line Festival Event Narrative
●Bike Parking:And area of racks where cyclists can park their bikes after they cross the
finish line
●Bike Shipping:A service provided by ALC partners to help participants ship their bikes
home after the event
●Gear Pick-Up:ALC carries all participant gear forward during the full 7 days of the Ride
event.The Gear Pick Up lot is designated as the location for all gear to end up.The
operation consists of unloading approx.16 box trucks full of participant luggage into an
area delineated by temporary event fencing and restricted to access by participants only.
●Festival Stage -live entertainment (DJs,performances,etc.)will be staged,in addition to
a Closing Ceremony
●Event Booths -elements like a Camp Store,a registration booth for the AIDS/LifeCycle
2025 event,sponsor activations,snacks and lost &found,etc.
●Food &food trucks -some food is available for free for event participants only;some
food is available to all for purchase
●Seating,etc.
●Important Notes:
○All infrastructure related to the Finish Line Festival will be contained within the
parking lot’s footprint.There are no activated event spaces on the sand/beach.
ATTENDANCE
Total Anticipated Attendance:3,000 ALC Participants (Cyclists,Volunteers,Staff,Vendors)plus
2,500 attendees for a Total of 5,000 -6,000 people
ABOUT AIDS/LIFECYCLE
AIDS/LifeCycle is a 7-day,545-mile bike ride from San Francisco to Los Angeles that raises
critical funds for the HIV/AIDS services of the Los Angeles LGBT Center and San Francisco
AIDS Foundation.The event raises over $15 million annually for these two California non-profit
organizations,and features approximately 2,500 cyclists and 650 volunteers,called “Roadies,”
who travel together,along with vendors &event staff,from San Francisco to Los Angeles.
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Packet Pg. 169 Attachment: ALC 2024 Finish Line Festival Event Narrative (5854 : License Agreement for AIDS/LifeCycle event)
Contract No. 11351 (CCS)
LICENSE AGREEMENT
This License Agreement is made and entered into as of _______________ (“Execution
Date”), by and between the CITY OF SANTA MONICA, a California municipal corporation
(“City”) as Licensor; the San Francisco AIDS Foundation, a California-based non-profit
organization (“Licensee”). The undersigned parties may be individually referenced herein as a
“Party” and collectively referenced herein as the “Parties.”
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of the City.
B. Licensee is a California-based non-profit organization overseeing the logistics and
fundraising for the AIDS/LifeCycle 2023, which is a 7-day cycling event from Northern
California to Southern California.
C. The City’s Community Event Site Guidelines ordinarily restrict events on the
Santa Monica Beach during the Summer which can be processed through the City’s Community
Events Permit process.
D. On July 12, 2022, Licensee provided the City with a proposal to the City
regarding a 2023 AIDS/LifeCycle 2023 Finish Line event (the “Proposal”) that would take place
in the City. The Proposal outlined an estimated timeline of June 9 and 10, 2023 for set up, event,
and clean up.
E. On January 10, 2023, the Santa Monica City Council authorized the City Manager
to accept the Proposal and negotiate and execute a license agreement with Licensee for use of a
portion of 4 South Beach Parking Lot, and adjacent area.
F. City and Licensee seek to enter into this License Agreement for Licensee to use
the licensed area described below to present the AIDS/LifeCycle 2023 Finish Line event (the
“Event”) in the City in a manner consistent with the typical community event permit
requirements and the terms and conditions below.
NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual
covenants and agreements contained herein, City hereby grants to Licensee a license (“License”)
to enter upon and occupy the real property described below upon the following terms and
conditions:
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655
1/12/2023
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Packet Pg. 170 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5854 : License Agreement for AIDS/LifeCycle event)
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1. LICENSE AREA
1.1 Definition of License Area
During the License Term (as defined in Section 2.1), Licensee shall be entitled to enter
upon and occupy the following premises (collectively, the “License Area”):
The License Area shall consist of: (1) the area specifically marked
and identified as 4 South Parking Lot attached as Exhibit A
It is expressly understood that (other than parking spots in the License Area), the License
Area does not include any of the parking spaces located at Santa Monica beach, including the
1550 Lot and Lot 1 South, the bike path, the pedestrian path referred to as Ocean Front Walk, or
any other portion of the City owned or operated property that is not specifically marked as
Exhibit A. By separate agreement with the City, the Licensee may reserve parking at Lot 4
South and Lot 3 North.
1.2 License Area Provided “AS IS”
City shall deliver the License Area to Licensee “AS IS” and makes no representations or
warranties, express or implied, as to the suitability of the License Area for Licensee’s intended
use and occupancy.
1.3. Limited License.
It is expressly understood and agreed by and between the Parties that this License
Agreement constitutes a limited license only, and shall not be construed as granting to Licensee
any right of exclusive possession, title or interest whatsoever in and to the License Area,
provided that City will not grant a license to any other party for use of the License Area.
2. LICENSE TERM
2.1 License Term
Subject to Sections 2.2, and 2.3, the term of this License shall commence as of the
Execution Date and shall terminate at 11:59 PM on June 10, 2023 (“License Term”), unless
terminated by the Parties earlier pursuant hereto.
2.2 2023 Occupation Period of the License Area
During the License Term, Licensee may only use and occupy the License Area from June
9, 2023 at 12:00 p.m. until June 10, 2023 at 11:59 p.m. (“Occupation Period”) in accordance
with the following:.
A. Event Set Up Period. The set up period for the Event shall commence on June 9,
2023 at 7:00 am and shall continue through and including 10:00 am June 10, 2023
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Packet Pg. 171 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5854 : License Agreement for AIDS/LifeCycle event)
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(“Event Set Up Period”)
B. Event Period. Licensee may use the License Area for holding the Event on June
10, 2023 ("Event Period").
C. Period for Move-Out and Restoration. The period for move out and restoration of
the License Area shall take place on June 10, 2023 from 3:00 pm and 11:59 pm
(“Restoration Period”).
3. USE OF LICENSE AREA
3.1 Permitted Use
The License Area may be used and occupied by Licensee during the Occupation Period
solely for the permitted uses of parking and staging area for the Event and as provided in Exhibit
A.
3.2 Regulatory Approvals and Compliance with Community Event Permit
Requirements
Prior to the commencement of the License Term, Licensee shall be responsible, at
Licensee's sole expense, for procuring, providing, and maintaining in full force and effect, all
applicable regulatory approvals. This may include, without limitation, permits required by the
City of Santa Monica Fire Department, the City Building and Safety Department, the California
Coastal Commission, and others. In addition, Licensee agrees to comply with the requirements
of the City’s Community Event Permit Process as set forth in Santa Monica Municipal Code
Chapter 4.68, and any associated administrative regulations and guidelines. In the event of any
inconsistency or conflict between this License Agreement, the City’s Community Event
requirements in Chapter 4.68 of the Santa Monica Municipal Code, and any associated
administrative regulations and guidelines promulgated thereunder, the order of precedence shall
be resolved in favor of the terms of the License Agreement, followed by the City’s Community
Event requirements in Chapter 4.68 of the Santa Monica Municipal Code, and lastly any
associated administrative regulations and guidelines.
3.3 Repair and Restoration of the License Area.
Licensee shall repair and restore the License Area subject to the following:
A. Condition of License Area Upon Return to City. Licensee shall be obligated to
clean, repair, restore, and return the License Area in the same condition in which it was prior to
commencement of the License Term, and in a manner reasonably satisfactory to the City, except
for normal wear and tear and/or changes in the condition of the License Area caused by weather
conditions or other acts of God (“Original Condition”). This includes, but is not limited to,
restoring the License Area to Original Condition prior to this License Agreement. Any
equipment rented from SMPC or the City’s Parking Operators must be left in functioning, clean,
orderly and sanitary condition. Licensee shall obtain a list of approved vendors, requirements,
and standard equipment for repairing the License Area from the City of Santa Monica’s
Transportation Department or City designee. All completed repairs must be approved by the
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655
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Packet Pg. 172 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5854 : License Agreement for AIDS/LifeCycle event)
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City’s Economic Development Department before the Security Deposit in Section 4.3 can be
refunded to Licensee.
B. Removal of Personal Property. Before the expiration of the License Term,
Licensee shall remove all of Licensee's personal property and effects of whatever nature, at
Licensee's sole expense from the License Area. If Licensee fails to remove all of Licensee's
personal property from the License Area upon expiration of the License Term, the City may: (a)
treat the personal property and effects as abandoned, in which case the personal property and
effects shall become the property of the City; (b) remove the personal property and effects in any
manner whatsoever and store the same without liability to Licensee for loss or damage thereof,
all at Licensee's expense, (including but not by way of limitation any and all expenses of
removal, court costs, actual attorney's fees and storage costs); or (c) following notice to Licensee,
sell the personal property and effects at public or private sale, with legal process, for such prices
as the City may obtain, and apply the proceeds of such sale against any amounts then due or later
become due under this Agreement, including but not limited to expenses of removal or sale of
the personal property and effects, court costs, actual attorney's fees and storage costs.
3.4 Parking and Traffic Management Plan
Licensee must submit a Parking and Traffic Management Plan prior to the
commencement of the License Term for the City’s review and approval. The Parking and
Traffic Management Plan shall include the requirements set forth in this Agreement. A parking
and traffic control plan (to consider event footprint, daily staff/crew size, peak guest attendance
and other access and delivery requirements) shall be prepared in consultation with City and
submitted to City for written approval by February 1, 2023 (or other mutually agreed upon date).
3.5 Security Plan.
Licensee shall submit a Security Plan for City’s approval. Licensee shall provide all
security for the Event in accordance with the approved Security Plan. Licensee’s security
personnel are prohibited from carrying weapons on the Santa Monica Pier or the Santa Monica
Beach. At all times, Licensee must maintain access to City of Santa Monica fire equipment and
required fire exits inside the License Area. The Security Plan shall encompass all aspects of the
Event (both interior and exterior areas) including ingress and egress to the License Area by any
guests or invitees from any parking facilities located on or about the License Area. Licensee
shall be responsible for preparing the Security Plan in consultation with the Santa Monica Police
Department. Licensee shall obtain City’s prior written approval of the Security Plan at least
thirty (30) calendar days prior to the Event (or other mutually agreed upon date). Licensee shall
be responsible for all costs associated with preparing and implementing the approved Security
Plan. Only bona fide security companies, which have been approved by City may be used to
provide security services at the License Area. Licensee shall indemnify, defend and hold
harmless the City from and against any and all claims and losses whatsoever, including attorney's
fees, accruing or resulting to any person, entity, firm or corporation for any claim, expense, loss,
damage, injury or death to the extent arising out of the negligence or intentional misconduct of
Licensee's security in connection with the Event.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655
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Packet Pg. 173 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5854 : License Agreement for AIDS/LifeCycle event)
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3.6 Authorized Representative
Licensee agrees to provide authorized representatives to act on behalf of the Licensee and
to require compliance with all terms, covenants and condition of this License Agreement and all
applicable regulatory permits. The List of Authorized Representatives is attached as Exhibit G
and contains the list of names, address and cell-phone numbers of Licensee’s authorized
representatives.
Such authorized representative shall be available by cell-phone, and Licensee shall use
best efforts to make such cell-phone number available to the guests, neighbors, adjacent
businesses, members of the public, and the City.
3.7 Advertising
A. The Licensee is permitted to use the name “the City of Santa Monica,” and the
“Santa Monica Beach” only for reference purposes when referring to the location of the Event in
any and all communications and advertising or promotional materials or publications
(collectively, the “Advertising”), with the prior approval of the City, which shall not be
unreasonably withheld. Licensee may, from time to time, submit to the City for preapproval, a
representative group of such Advertising. The City shall approve or disprove such Advertising
within ten (10) days of receipt. Once approved, such Advertising may thereafter be used by
Licensee without the need for further approval. Licensee shall not be permitted to use the City’s
name, images, or marks for any other purpose or use. Unless required by Law, City shall not use
the name, trademarks or any other intellectual property of Licensee in any advertising,
promotional materials or for any other reason, without Licensee’s prior written consent, which
consent may be withheld at Licensee’s sole discretion.
B. Subject to compliance with the City’s signage regulations, Licensee shall be
entitled to erect, at its own cost and expense, signs and banners on the License Area subject to
the prior approval of the City. Licensee shall bear the cost of the installation, repair,
maintenance, and removal of any such sign and banner.
3.8 Conduct of Business.
Licensee agrees to conduct Licensee's business in an orderly and lawful manner and to
abide by all rules and regulations issued by the City. Without limiting the foregoing, Licensee
agrees: (a) to obtain City's approval of the announcement date of the Event and the form of such
announcement (it is hereby acknowledged that the City approved Licensee’s announcement of
the Event prior to the Execution Date); (b) to provide City with copies of and obtain City’s
approval of promotion, sponsorship, or joint venture agreement by and between Licensee and
any agent, promoter, or any other person or entity with a business relationship with Licensee
with respect to the Event; (c) to follow any and all rules, regulations or directions of City
pertaining to the Event and (d) to provide directions to the License Area, including map and text,
to Licensee’s guests and crew.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655
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Packet Pg. 174 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5854 : License Agreement for AIDS/LifeCycle event)
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3.9 Restrictions on Use.
A. No Smoking. Smoking is prohibited on or around the License Area. Licensee shall
assume the responsibility for enforcing this restriction.
B. No Structures, Drilling or SFX. Licensee may not erect or maintain on the License Area
any additional buildings, enclosures, structures, facilities, or tents, except with the City’s
prior written consent and subject to any required building permits.
C. No Balloons. Due to the Event’s proximity to the ocean and the potential hazards that
balloons present to sea life, balloons are not permitted at the Event.
D. Zero Waste. Compliance with the City’s Zero Waste Plan is required for all events and
promotions. Arrangements for a Zero Waste Plan are to be made directly with the City’s
Resource Recovery and Recycling Division with proof of plan submitted to City no less
than thirty (30) days prior to event or promotion date (or other mutually agreed upon
date).
E. No Lien. Licensee shall not create or permit to be created any lien, encumbrance or
charge against the License Area and shall, at its own cost and expense, make best efforts
to cancel the same within ten (10) days after receipt of a notice of the filing of any lien
against the License Area arising out of the use of the License Area by Licensee.
F. Promotion. No promotion, scheme, or device involving the award of any prize, gift, or
privilege related to the Event, determined as the result of any contest, promotion, or by
chance, and incorporating City Marks, shall be undertaken by Licensee without the
express written consent of the City.
G. Broadcasting, Recording, Taping, Filming. No event or performance presented at the
License Area shall be broadcast, televised or in any manner recorded for reproduction
(collectively, “Recordings”) without the City’s express written consent. As applicable,
Licensee agrees to pay City’s broadcasting, recording, televising, filming or taping fees.
A License Area credit also is required, if appropriate. Any such Recordings are
proprietary to Licensee, and Licensee shall have the exclusive, worldwide and perpetual
right to exhibit, license and/or sublicense to third parties the right to exhibit all or any
part of the Recordings in any program in any and all media now existing or hereafter
developed. Licensee agrees to comply with the permit procedures and fees outlined in
Exhibit D, to the extent applicable.
DocuSign Envelope ID: A06B78B9-93FB-4987-985D-D16D16AA6655
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Packet Pg. 175 Attachment: AIDS Lifecycle Ride License Agreement 2023 (5854 : License Agreement for AIDS/LifeCycle event)
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4. LICENSE FEE
4.1 Amount of License Fee
The Licensee shall pay, and City agrees to accept, a License Fee for the License Area
consisting of $19,200 including all applicable taxes for use of the License Area; and (ii) the
Other Costs in accordance with Section 4.2.
The full amount of the License Fee shall be payable on or prior to June 9, 2023.
4.2 Other Costs.
“Other Costs” shall mean and refer to but not limited to the following costs:
4.2.1 The costs related to the Parking and Traffic Management plan and
Security Plan including private security staffing, barricade rental, interior parking lot
directional signage. Such costs shall be paid directly to the third parties involved. An
estimate of such costs is attached hereto in Exhibit D.
4.2.2 As set forth in Exhibit D, the costs approved by Licensee and charged by
the City for the services rendered, at the Licensee’s request, by the following departments
of City: Police Department, Fire Department, Public Works, Transportation Department,
Community Development Department, and all other applicable departments of the City as
set forth in Exhibit D and incorporated herein by reference for all services performed by
City staff for the Licensee, including, but not limited to, water and sewer hookups, beach
and Pier Deck and parking lot staffing and cleaning, electrical hook-ups, refuse dumpster
rentals, refuse pick-up, plan review, traffic management plan and business license.
4.2.3 Licensee shall provide, at its own expense, bike valet parking which will
be operated in accordance with the approved schedule detailed in the Parking and Traffic
Management Plan. The costs related to the bike valet parking shall be paid directly by
Licensee to the third parties involved.
4.3 Security Deposit
Upon the execution of this License Agreement, Licensee shall furnish City with a
security deposit in the amount of Ten Thousand Dollars ($10,000). In the event that Licensee
fails to perform any of its obligations pursuant to this License Agreement after City having
notified Licensee in writing of this breach and after Licensee having failed to cure such breach in
the Cure Period (as defined in Section 15.2), the security deposit may be used by City for the
following: (i) to cover reasonable costs for the restoration of the License Area in accordance with
the provisions of the License Agreement, to the extent such restoration was necessitated by
Licensee’s breach; (ii) for payment of additional utility services and charges to the extent
incurred as a result of Licensee’s breach; and (iii) to cover reasonable costs incurred by City to
the extent arising directly from a breach by Licensee of the performance of any obligations of the
License Agreement (collectively “Breach Costs”). City shall then be entitled to deduct the
Breach Costs of the restoration, performance or cure from the security deposit.
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City shall return to Licensee the security deposit, or its balance, as applicable, within
fourteen (14) business days after the conclusion of the License Term or after failure to obtain
necessary approvals, permits and licenses described in Section 10.2, below. In the event that the
Breach Costs are greater than the amount of the security deposit, City shall submit an invoice for
such costs to Licensee, accompanied with actual expense documentation of the Breach Costs
without markup, and Licensee shall be required to pay City’s invoice within thirty (30) days of
receipt of such invoice by City.
4.4 Other Charges: Staff Fee.
Licensee shall pay to City a Staff Fee in accordance with the schedule set forth in Exhibit
D for staff time necessary for supervising the preparation and staging of the Event between the
hours of 7 a.m. and 6 p.m., during the Set Up Period. These hours may be altered by City
depending upon the specifics of an Event. In addition, Event supervisors may be required to
supervise Licensee’s activities on and adjacent to the License Area whenever such activities
include any of the following: substantial exterior construction, set up of a ‘party’ tent, load
in/load out of multiple dealers, vendors, suppliers, or talent. Such staff supervision will be at the
Additional Staff Rate as set forth in Exhibit D.
5. CONTRACTORS AND SERVICE PROVIDERS
Licensee shall hire and pay for all necessary labor required for Licensee's use of the
License Area (as determined by Licensee in Licensee’s sole discretion), including, but not
limited to, stagehands, ticket takers, ushers and guards, location and production assistants,
contractors and subcontractors for the purposes of the Event (“Contractors”). The cost of said
Contractors shall be provided at the sole expense of Licensee. Licensee shall pay for any and all
expenses for any Contractors which Licensee may wish to hire.
6. REFUSE AND SANITATION.
Dumpsters and trash/recycle/food waste carts are provided by the City at the sole cost of
the Licensee. Licensee shall be required to provide all other appropriate refuse facilities and
containers inside and outside of the Event structures. Licensee is encouraged to recycle all
appropriate materials.
7. UTILITY SERVICE.
SMPC makes available to the License Area either directly or through a contractor
approved by SMPC, certain utility services for Licensee. All expenses for water and electrical
service, including electrical hook-ups, distribution and wiring for lights, equipment, trucks and
other items of a similar nature shall be the sole responsibility of Licensee. Any hook-ups, wiring
and other work done by or for Licensee, including temporary power distribution, heating and air
conditioning, shall be done in a good and workmanlike manner and be subject to prior written
approval of SMPC, and shall be done with proper building permits, if required, and in
compliance with all applicable codes, including without limitation, the City’s Municipal Code.
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8. NEIGHBORHOOD IMPACTS, COMMUNITY OUTREACH, MARKETING,
AND PROMOTION.
Licensee agrees to pay the Notification Fee (as defined below) for the preparation and
mailing of neighborhood notifications, which will be mailed to Pier tenants, beach tenants and
beach neighbors at least two weeks in advance of the event. The notice will include a brief
description of event, date and time, name of a contact person, and a means for reaching the
person during the event in case there is a problem. Licensee will contact Community Recreation
by email at communityevents@santamonica.gov to coordinate preparation of neighborhood
notification and payment of $375 as a notification fee (“Notification Fee”).
9. INSURANCE
Prior to commencing occupancy of the License Area, Licensee shall procure and
maintain at Licensee’s own cost and expense for the duration of the License Term insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with Licensee’s possession, occupancy, operation, and use of the License Area, by
Licensee, its directors, officers, agents, representatives, employees, contractors, subcontractors,
guests, customers, and invitees. Licensee must obtain insurance that, at a minimum, meets the
requirements for insurance set forth in Exhibit E, Insurance Requirements and Verifications.
10. PERMITS, LICENSES AND APPROVALS.
10.1 Licensee Obligation
Licensee shall obtain and maintain, at its own cost and expense, all necessary permits,
including any building permits, approvals, and licenses required for its occupation of the License
Area, establishing any structures, and the conduct of the permitted uses.
10.2 Receipt of Necessary Approvals
Receipt of all necessary approvals, permits, and licenses is a condition precedent for the
exercise of this License. In the event that the required permits, licenses or approvals from any
governmental entities having jurisdiction of the License Area or Licensee’s use of the License
Area cannot be obtained, this License will have no force and effect. A list of required approvals
and permits is hereto attached as Exhibit F.
11. COMPLIANCE WITH ALL LAWS AND CITY’S SIGN REGULATIONS
Licensee shall, at its own cost and expense, comply with the requirements of any
applicable law, statute, ordinance, rule, regulation or order of any regulatory agency with respect
to its use and occupation of the License Area, including any County of Los Angeles Department
of Public Health guidelines pertaining to COVID-19, and with each provision and requirement of
any insurance policy to be maintained by Licensee pursuant to this License. Licensee shall not
use nor permit the use of the License Area for any illegal purpose.
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Licensee acknowledges and understands that Licensee must provide the City with a
signage plan as soon as practicable, but no later than 90 days prior to the event (or other mutually
agreed upon date). The signage plan must include a description of signage, including size,
material, text, approximate location, and method of installation. Signage will not be permitted if
signage plan is not approved.
In addition to providing a signage plan for the City’s review and approval, Licensee
represents and warrants that it will comply with the City’s signage regulations. Licensee
acknowledges and understands that temporary non-permanent signs may be installed that
identify or pertain to the Event within the License Area. Signs that identify or pertain to the
Event may have the logo of a commercial sponsor or vendor, but the logo may not exceed 30%
of the sign area. Signs must be internally oriented to the extent possible. The logo of a tobacco
sponsor is prohibited.
12. INTENTIONALLY RESERVED.
13. FILM PERMITS
In the event that Licensee wishes to videotape and/or film on the License Area, Li censee
shall comply with all applicable City regulations regarding film permits and Licensee shall pay
any applicable film permit fees.
14. CITY’S ACCESS TO THE LICENSE AREA
City shall have the unrestricted right to enter the License Area during the License Term.
15. DEFAULT AND REMEDIES
15.1 Default by Licensee
Each of the following events shall be an Event of Default and breach of the License
Agreement by Licensee:
A. Failure to pay License Fees;
B. Violation of any applicable law, regulation or ordinance which is not remedied
immediately or no later than three (3) calendar days from notice of violation or in any other
delay prescribed by the competent authority;
C. Utilizing the License Area in a manner not authorized pursuant to the License
Agreement;
D. Attempting to assign this License in any manner;
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E. Failure to comply with any other nonmonetary obligations and this default is not
remedied within fifteen (15) calendar days after written notice is given by City specifying such
default and action required to remedy such default; and/or
F. Filing any petition for bankruptcy or making any assignment for the benefit of its
creditors.
15.2 Remedies for Breach
In the event of any Event of Default and breach of the License, which Event of Default
and breach is not remedied within fifteen (15) calendar days after written notice is given by the
non-breaching party specifying such default and action required to remedy same (except where a
shorter cure period is expressly provided above in Section 15.1.B or if such default or breach is
material and cannot be cured) (“Cure Period”), the non-breaching party shall be entitled to
terminate the License Agreement in its entirety, and to damages in accordance with applicable
law. For the avoidance of doubt, if the City commits an uncured Event of Default, Licensee may
seek damages in accordance with applicable law without exercising the right to terminate the
License Agreement.
15.3 Remedies for Non-Performance
The remedies for nonperformance shall be as follows:
A. Nonperformance due to lack of regulatory approval by third parties. If the
nonperformance is due to the failure to obtain necessary approvals, permits and licenses, City
shall refund any License Fee paid by Licensee required by this License Agreement after uncured
failure to obtain lack of regulatory approval, above.
B. Nonperformance due to Force Majeure. If the nonperformance is for reasons: (a)
not existing prior to or as of the Execution Date of this License; (b) not reasonably foreseeable;
and (c) beyond the reasonable control of Licensee or City, including act or regulation of any
public authority, military authority, war conditions or emergencies, civil tumult, riot, strike,
natural calamities, epidemic, pandemic, lockdown, earthquakes, floods, epidemic, delay,
cessation or interference with transportation services, interruption or cessation by illness or
accident to a substantial number of Licensee’s performers (“Force Majeure Occurrence”), it is
understood and agreed that there shall be no claim for damages resulting from such inability to
pay any License Fee due hereunder or to obtain permits, licenses or approvals or such condition
rendering performances of the parties obligations impossible or unfeasible by any party to this
License.
C. COVID-19. The spread of COVID-19 is and will be well known to the parties at
the time that parties execute this License Agreement and therefore is not a “Force Majeure
Occurrence” unless it renders performance impossible or unfeasible. By executing this License,
Licensee understands and agrees that Section 15.3(B) shall not excuse Licensee from prompt
payment of fees as specified in this License Agreement, or entitle Licensee to a refund of fees,
including deposit and License Fee, paid to City under this License Agreement where cancellation
of the Event results from an event or condition arising out of or resulting from exposure,
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infection, and/or spread of COVID-19 and such event or condition does not involve an action or
order of federal, state, or local authorities mandating the closure of the License Area, or portion
of the License Area, or prohibit Licensee’s use of the License Area or portion of the License
Area on the dates of the Occupation Periods. Nor does Section 15.3(B) excuse Licensee from
prompt payment of fees as specified in this Licensee where an action or order of federal, state, or
local authorities reduces the number of persons that can attend the Event, imposes restrictions
related to participation in the Event, or imposes restrictions on the activities that can be
conducted on the License Area to mitigate the spread of COVID-19. Should an action or order of
a federal, state, or local authority mandate the closure of the License Area, or portion of the
License Area, or prohibit Licensee’s use of the License Area, or portion of the License Area, on
the Occupation Periods, Licensee shall notify the City in writing and cite to the government
action or order that will not permit Licensee to use the License Area, or portion of the License
Area, on the dates of the Occupancy Periods and may request reimbursement of the License Fee.
The City shall reimburse to Licensee the Licensee Fee within thirty (30) days of Licensee’s
reimbursement request provided that the City verifies that the government action or order
identified in Licensee’s reimbursement request meets the criteria specified herein to entitle
Licensee to a reimbursement of the License Fee.
16. INDEMNIFICATION
Licensee shall indemnify, protect, hold harmless, and defend City, including, but not
limited to, the City of Santa Monica, the City Council, the City’s boards and commissions, its
officers, agents, employees, volunteers (collectively “the City Indemnitees”), from and against
any and all demands, claims, actions, suits, judgments, damages, liability, cost and expense,
including, but not limited to reasonable attorneys’ and other professional fees or the value of any
legal services received (collectively, “Claims”), to the extent arising directly or indirectly from
or in any way related to the following: (i) the possession, occupancy, use, or enjoyment of the
License Area and adjacent parking lots, to the extent due to the negligence or intentional
misconduct of Licensee or any officer, agent, contractor, employee, or invitee thereof (each, a
“Licensee Party”), (ii) Licensee’s business, activities, operations, services or work conducted in,
on or about the License Area, harbor area, parking lots or Pier area, to the extent due to the
negligence or intentional misconduct of Licensee or another Licensee Party; (iii) any breach or
default in the performance of any obligation on Licensee’s part to be performed under the terms
of this License; (iv) any negligent or intentionally wrongful act or omission of Licensee or
another Licensee Party; and (v) furnishing or supplying any work, services, materials, equipment
or supplies on or about the License Area, to the extent due to the negligence or intentional
misconduct of Licensee or another Licensee Party. Licensee’s obligation to indemnify, defend
and hold harmless shall not apply to the extent the Claim arises from the negligence or willful
misconduct of the City Indemnitees.
This provision shall survive the termination or expiration of this License Agreement.
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17. NO SUBLEASE OR ASSIGNMENT PERMITTED
This License is personal to Licensee and Licensee shall have no right to assign or transfer
this License to any other third party without the express written approval of City, which approval
is subject to City’s sole and absolute discretion.
18. ENVIRONMENTAL MATTERS
Licensee covenants and agrees that Licensee shall not, and shall require that its
employees, agents, contractors and other third parties entering upon the License Area at the
request or invitation of Licensee do not, bring onto, maintain upon, generate, use, store, dispose
of or release or discharge in or about the License Area or any adjacent area, any hazardous or
toxic substances or hazardous waste (collectively, “hazardous materials”) and shall comply with
Environmental Law(s) as defined herein in connection with the use of the License Area.
Licensee agrees to bear all responsibility and liability for such hazardous materials.
The term “Environmental Law(s)” refers, without limitation, to the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C.
Sections 9601-9675), the Resource Conservation and Recovery Act, as amended (42 U.S.C.
Section s 6901-6992k), the Hazardous Materials Transportation Act, as amended (49 U.S.C.
Section 1801 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. Sections
1251-1307), the Clean Air Act, as amended, (15 U.S.C. Sections 2601-2692), the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (Title X) (15 U.S.C. Sections 2681-2692 and
also 42 U.S.C. Sections 48991-4856), the Lead Based Pain Poisoning Prevention Act (42 U.S.C.
Sections 4821-4846), the Indoor Radon Abatement Act (15 U.S.C. Sections 2661-2671), and the
Safe Drinking Water Act Amendments of 1996, Pub. L. No. 104-182, 110 Stat.1613 (1996), and
all similar federal, state or local laws, statutes, regulations and ordinances.
If Licensee breaches any of the obligations stated in this Section 18, Licensee shall be
obligated, at Licensee’s sole cost, to clean-up and remove all hazardous materials or
contaminants introduced by Licensee or any person or entity for whom Licensee is responsible,
and to indemnify the City pursuant to this License Agreement. Such clean-up and removal shall
include all testing and investigation required by any governmental authorities having jurisdiction,
and preparation and implementation of any remedial action plan required by any governmental
authorities having jurisdiction. All such clean-up and removal activities of Licensee shall, in
each instance, be conducted to the satisfaction of City and all governmental authorities having
jurisdiction. City shall have the right to enter and inspect the License Area for violations of
Licensee’s covenants herein.
19. APPROVAL AND NOTICES
Unless otherwise set forth herein, any approval, disapproval, demand, document or other
notice or communication permitted or required to be given hereunder shall be in writing, and
shall be served personally or by U.S. mail (return receipt requested, postage prepaid), or by e-
mail. Notices shall be deemed given only upon receipt by the party to whom directed and shall
be delivered to the parties at the addresses set forth below.
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To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, California 90401
Attention: Christopher Smith
Telephone Number: (866) 311-7266
Email: christopher.j.smith@santamonica.gov
With a copy to: Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: Deputy City Attorney, Ben Delfin
Telephone Number: (310) 458-8336
Fax Number: (310) 395-6727
Email: ben.delfin@santamonica.gov
To Licensee: Brian Bostwick
Director, ALC Production and Special Events
AIDS/LifeCycle
1125 N McCadden Place, Los Angeles CA 90038
Email: bbostwick@aidslifecycle.org
and
Peter Parisot
Vice President, Compliance and Legal Counsel
San Francisco AIDS Foundation
1035 Market St. Suite 400
San Francisco, CA 94103
Email: p.parisot@sfaf.org
Notice of change of address shall be given by written notice in the manner detailed in this
Section.
20. MISCELLANEOUS PROVISIONS
20.1 Venue
Any dispute arising from this License Agreement shall be settled by arbitration
administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures
(“JAMS Rules”) and judgment on the award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof. The place of arbitration shall be Los Angeles, CA. Except as
may be required by law, neither a party nor an arbitrator may disclose the existence, content, or
results of any arbitration hereunder without the prior written consent of both parties. The
arbitration shall be conducted by one (1) arbitrator in accordance with the JAMS Rules, which
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arbitrator shall be selected in accordance with the JAMS Rules. The arbitrator will have no
authority to award damages excluded by this Agreement, except as may be required by statute.
The award of the arbitrator shall be accompanied by a reasoned opinion. Either party also may,
without waiving any remedy under this Agreement, seek from any court of competent
jurisdiction located in Los Angeles Superior Court, West District, or the United States District
Court for the Central District of California any interim or provisional relief that is necessary to
protect the rights or property of that party, pending the establishment of the arbitral tribunal.
20.2 Independent Relationship of the Parties
The Parties shall remain at all times as to each other, wholly independent entities. No
Party shall have the authority to incur any debt, obligation, or liability on behalf of another Party
unless expressly provided by written agreement of the Parties. No employee, agent, or officer of
a Party shall be deemed for any purpose whatsoever to be an agent, employee or officer of
another Party.
20.3 Governing Law
The interpretation, validity, and enforcement of this License Agreement shall be
governed by and interpreted in accordance with the laws of the State of California.
20.4 Captions
Titles and captions are inserted for convenience only and shall not define, limit or
construe in any way the scope or intent of the License.
20.5 No Waiver
A waiver by either party of a breach of any of the covenants, conditions or agreements
under this License Agreement to be performed by the other party shall not be construed as a
waiver of any succeeding breach of the same or other covenants, agreement, restrictions or
conditions of this License. Nothing herein shall be interpreted as waiving or ceding the police
power or governing authority of the City.
20.6 Severability
If any term, provision, condition, or covenant of this License Agreement or its application
to any party or circumstances shall be held, to any extent, invalid or unenforceable, the
remainder of this License, or the application of the term, provision, condition, or covenant to
persons or circumstances other than those as to whom or which it is held invalid or
unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent
permitted by law.
20.7 Entire Agreement
This License Agreement contains the entire understanding between the parties relating to
the transaction contemplated by this License Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, whether direct or indirect, oral or
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written, are merged into and superseded by this License Agreement, and shall be of no further
force or effect. This License Agreement shall not be modified except by written instrument
executed by the Parties at the time of modification and approved as to form by the City Attorney.
20.8 Jointly Drafted
Each Party acknowledges that it was represented by its legal counsel during the
negotiation and execution of this License Agreement, and that it has had a full and fair
opportunity to review and revise the terms of this License Agreement. Each Party further agrees
that this License Agreement has been jointly drafted, and that no term contained herein shall be
construed against or in favor of another Party.
20.9 Counterparts
This License Agreement may be executed in counterparts with the same effect as if both
parties hereto had executed the same document. All counterparts shall be construed together and
shall constitute a single License Agreement. Any signature to this License Agreement may be
transmitted electronically through DocuSign or PDF shall be deemed an original signature and
be binding upon the parties hereto (it being agreed that such electronic signature shall have the
same force and effect as an original signature).
20.10 Attorneys’ and Other Fees
Should either party institute any action or proceeding to enforce or interpret this License
Agreement or any provision hereof, to prevent the breach or continued breach hereof, for
damages by reason of any alleged breach of this License Agreement or of any provision hereof,
or for a declaration of rights hereunder, the prevailing party in any such action or proceeding
shall be entitled to receive from the other party all reasonable costs and expenses, including
actual, reasonable attorneys’ and other fees, incurred by the prevailing party in connection with
such action or proceeding. The term “attorneys’ and other fees” shall mean and include
attorneys’ fees, accountants’ fees, expert witness fees, and any and all other similar fees incurred
in connection with the action or proceeding and perorations therefor. The term “action or
proceeding” shall mean and include actions, suits, arbitrations, appeals and other similar
proceedings.
20.11 No Third Party Beneficiaries
This License Agreement is not intended, and will not be construed, to confer a benefit or
create any right on a third party or the power or right to bring an action to enforce any of its
terms.
20.12 Exhibits
The following exhibits are incorporated herein as a term of this License Agreement.
Exhibit A License Area
Exhibit B Schedule and Program – Permitted Uses
Exhibit C List of Sponsors
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Exhibit D Estimate of Fees, Charges, and Other Costs
Exhibit E Insurance Requirements and Verifications
Exhibit F List of Approvals and Permits
Exhibit G List of Authorized Representatives
IN WITNESS WHEREOF, this License Agreement has been duly executed as of the day
and year first above written.
LICENSOR:
CITY OF SANTA MONICA
ATTEST: a municipal corporation
______________________________ By: _____________________________
DENISE ANDERSON-WARREN
City Clerk City Manager
APPROVED AS TO FORM:
______________________________
City Attorney
LICENSEE:
SAN FRANCISCO AIDS FOUNDATION
By: _______________________________
Peter Parisot
VICE-PRESIDENT,
COMPLIANCE AND LEGAL COUNSEL
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DAVID WHITE
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EXHIBIT A
LICENSE AREA
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EXHIBIT B
2023 AIDS/LIFECYCLE RIDE
EVENT AND PRODUCTION TIMELINE
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EXHIBIT C
LIST OF SPONSORS
2023 AIDS/LIFECYCLE RIDE
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EXHIBIT D
ESTIMATE OF OTHER COSTS*
.
BUILDING AND SAFETY:
Single Trade Permit may be required (includes inspection during regular hours 8am –
4pm. After-hours inspection will be charged an additional fee.). For more information
visit:
https://finance.smgov.net/Media/Default/fees/Planning%20and%20Community%20Deve
lopment.pdf
BUSINESS LICENSE:
Supply and Service providers (e.g., caterer, valet, rental, etc.) are required to obtain
a Santa Monica business license. Retail vendors and exhibitors at permitted events
are exempt from having to obtain a Santa Monica business license.
For information related to the business license process, please contact the Business
License office at 310-458-8745 or visit www.smgov.net/businesslicense
FACILITIES MANAGEMENT:
Carpenter, Electrician, HVAC Technician, Painter, Plumber, and Facilities Supervisor
shall be $70/hour for regular time and $100/hour for after-hours work (3 hour
minimum)
FIRE:
Administrative costs for Fire personnel is actual costs per hour.
Tent/Canopy Permit - $228.98 to $332.55 depending on size of tent/canopy.
Over 5,000 sq. ft. - 0.0872 per sq. ft.
Candles/Open Flame Permit - $65.54
LPG/Propane Permit - $358.85
For more information visit: https://finance.smgov.net/Media/Default/fees/Fire.pdf
NEIGHBOR NOTIFICATION FEE:
The Community Events Office will mail out notices to residents and businesses
within 500 feet of a Category 1 event if there will be 1) amplified sound (other than
brief, intermittent announcements) or live music outdoors or in a tent and/or 2) if the
event requires a street closure(s).
Events at fixed venues - $198.48
Events extending beyond a fixed venue (e.g., races) - .68 per piece
PLANNING AND ZONING:
Temporary Use Permit (TUP) - $991.28; $425.05 for a re-occurring event.
TUP may be required for events on private space. For more information visit:
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https://finance.smgov.net/Media/Default/fees/Community%20Development.pdf
POLICE:
The number of police officers required for security, crowd control, traffic management,
etc., to be determined by the Police Operations Division.
Police billable services are actual costs per hour.
Police vehicle (car) - $94.43per day
Motorcycle - $62.95 per day
Police Horse - $31.47 per day
Rescue boat - $251.83for 4-hr minimum; $31.45 for each additional hour
For more information visit: https://finance.smgov.net/Media/Default/fees/Police.pdf
RESOURCE RECOVERY AND RECYCLING:
Recycling bins, carts and dumping services are available for rent. Trash and food bins,
carts and servicing are also available for rent.
Refundable Integrated Waste Management fee of $0 to $1500 (depending on number of
attendees and type of waste). Request for refund must be made in writing.
For more information on container sizes and pricing visit:
https://finance.smgov.net/Media/Default/fees/Public%20Works.pdf
TRANSPORTATION ENGINEERING GROUP:
Metered Parking Space Reservation – posted rate of the meter
Temporary “No Parking” signs - $6.00 each
Event organizer is responsible for 1) submitting a list with the meter number for each
parking space requested, 2) placing the “No Parking” signs on each meter 24 hours in
advance of the event, and 3) removing the signs promptly after the event. There is a
$207.95 charge per sign that is not removed.
More information on how to obtain Temporary No Parking signs is located here:
http://www.smgov.net/Departments/PCD/Permits/Temporary-No-Parking-Signs/
Guidelines for the posting of Temporary No Parking signs can be found here:
https://www.smgov.net/uploadedFiles/Departments/PCD/Applications-
Forms/TNP_Posting_Guidelines.pdf
In addition to Temporary No Parking signs, an Oversize Load Permit may be required
for large vehicles.
Temporary No Parking Sign Issuance - $74.75
One-Day Valet Permit - $768.29
Traffic Control Plan Review – Base Fee
First two reviews, per page $320.11
Third and subsequent reviews, per page $338.63
https://finance.smgov.net/Media/Default/fees/Department%20of%20Transportation.pdf
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Bike Racks - $343.03
Block Parties - $65.65
Permit – Auto Park - $289.33
Event Permit: Parking Specialist - $289.48
Event Permit: Parking Administrator - $275.31
Event Permit: Traffic Engineer - $342.84
[due to budget cuts bike valet services are no longer offered]For more information visit:
https://finance.smgov.net/Media/Default/fees/Department%20of%20Transportation.pdf
*Fees subject to change. Contact individual departments for updated fee schedules.
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EXHIBIT E
INSURANCE REQUIREMENTS AND VERIFICATIONS
Licensee shall procure and maintain for the duration of the Agreement insurance against claims
for injuries to persons or damages to property that may arise from or in connection with the
performance of the work hereunder by the Licensee, its agents, representatives, employees or
sublicensees.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an “occurrence” basis, including products and completed operations, personal and
advertising injury, with limits of no less than $1,000,000 per occurrence. Said policy shall be
endorsed to provide for liquor liability, if liquor is provided and sold.
If the Licensee maintains broader coverage or higher limits than the minimums shown above, the
City of Santa Monica requires and shall be entitled to the broader coverage or higher limits
maintained by the Licensee. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees
and volunteers are to be covered as additional insureds on the CGL policy with respect to
liability arising out of work or operations performed by or on behalf of Licensee including
materials, parts, or equipment furnished in connection with such work or operations. CGL
coverage can be provided in the form of an endorsement to the Licensee’s insurance (at
least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available,
through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Licensee’s insurance
shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01
04 13 as respects the City of Santa Monica, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its
officers, officials, employees or volunteers shall be in excess of the Licensee’s insurance
and shall not contribute with it.
c. Notice of Cancellation: Each insurance policy required herein shall state that coverage
shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Licensee hereby grants to the City of Santa Monica a waiver of
any right of subrogation which any insurer of said Licensee may acquire against the City
of Santa Monica by virtue of payment of any loss. Licensee agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision
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applies regardless of whether or not the City of Santa Monica has received a waiver of
subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City
of Santa Monica may require the Licensee to purchase coverage with a lower retention or provide
satisfactory proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall provide, or be endorsed to
provide, that the self-insured retention may be satisfied by either the name insured or the City of
Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current
A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Licensee shall furnish the City of Santa Monica with original certificates and amendatory
endorsements (or copies of the applicable policy language effecting coverage provided by this
clause). All certificates and endorsements are to be received and approved by the City of Santa
Monica before work commences. However, failure to obtain required documents prior to the work
beginning shall not waive the Licensee’s obligation to provide them. The City of Santa Monica
reserves the right to require complete, certified copies of all required insurance policies, including
the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Licensee, for any reason, fails to maintain insurance coverage which is required pursuant to
this Agreement, the same shall be deemed a material breach of contract. The City of Santa
Monica, at its sole option, may terminate this Agreement and obtain damages from the Licensee
resulting from said breach.
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EXHIBIT F
LIST OF APPROVALS AND PERMITS
Licensee will need to obtain the following approvals and permits to use the License Area as
contemplated in the License Agreement:
Contact the Santa Monica Business License Office business.license@santamonica.gov
(310-458-8745) to arrange for submittal of a list of expected supply/service providers
(promoter, caterer, rental companies, valet, security etc.) with a copy to this office. Be sure
to mention that you are associated with a special event. Each of your supply/service
providers must obtain a Santa Monica business license. Individual retail vendors at
permitted events are exempt from having to obtain a Santa Monica business license.
PARKING OFFICE
Contact Robin “Tanza” Greenwood, Parking Operations
robin.greenwood@santamonica.gov to make arrangements to have event area cordoned
off in advance of event. The City does not provide for free or reduced rate parking. All
standard rates apply.
Overnight security required.
Bike path must not be obstructed at any time.
Obtain the following from the Parking Office: 1) a list of approved vendors for parking lot
repairs; and 2) the standard requirements for restoration of the parking lot. Note:
Transportation Management must approve all completed repairs before clean-up/damage
deposit can be refunded.
FIRE DEPARTMENT
Contact Santa Monica Fire Prevention at smfireprevention@santamonica.govt or (310-458-
8915), to: 1) submit a detailed site plan including the exit plans for set up in the parking lot
for final capacity approval, and showing location/sizes of all fixtures and temporary
structures. Site plan must include a security plan as well. All fixtures and temporary
structures must be set up to allow ample pedestrian and a 20-foot emergency vehicle
clearance at all times; 2) determine if there is a need to hire a fire safety officer; 3) apply for
a tent/canopy permit; and 4) have cooking/open flame plans approved.
The Office of the Fire Marshall has final determination of occupant load approval for your
event based not only on layout, but also based on event type and activities. Any event may
be closed or shutdown to additional occupants if conditions exist that do not allow for
safety of the occupants due to overcrowding or other similar factors that would elicit unsafe
conditions for public safety and the occupants within.
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POLICE DEPARTMENT
Contact Sgt. Derek Leone , Police Department Derek.Leone@santamonica.gov (310-458-
8478), to: 1) have security/crowd control plans approved; and 2) if required, make
arrangements to hire Santa Monica police officers. If required to hire officers, you will be
provided with an “estimate of cost” form that will need to be returned to Police
Department within 10 days of receipt. Failure to do so may delay or forfeit your Event
Permit.
BUILDING & SAFETY –COMMUNITY DEVELOPMENT DEPARTMENT
Contact Building and Safety via City’s 311 system or schedule a public counter appointment
to visit a plan check engineer at https://checkin.smgov.net
All permit applications are only accepted online via City’s Electronic Plan Review system.
o If your project is eligible for counter review and approval there are two options to
submit.
Submit for Virtual Same-Day Review process. Please visit following URL for
more information and to find a link to schedule an appointment with our
plan review staff; or
Schedule an appointment to come into public counter to obtain reviews and
approval at https://checkin.smgov.net/
o If your project is not eligible for counter approval and requires plan review then you
must submit your project to the City's Electronic Plan Review system at:
https://www.smgov.net/Departments/PCD/Permits/Plan-Review/Electronic-Plan-Review/
DEPARTMENT OF TRANSPORTATION
q Arrange for parking meter reservations at the Station E Counter in City Hall (310-458-
8291).
q If your project requires vehicular or bike lane closures on one of the City’s “Streets of
Significance”, a Temporary Traffic Control Plan (TTCP) will be required. The City’s “Streets of
Significance” list, as well as TTCP preparation and submittal requirements, are available on the
City’s website here. TTCPs must be submitted for review using the City’s Electronic Plan
Review (EPR) system (details and submittal instructions are at the link provided). Note that it
can take several months to obtain approval of a TTCP, so you are encouraged to start
this process early. If you have questions on whether your project will require a TTCP or on the
submittal requirements, email traffic.engineering@santamonica.gov.
q Obtain a One-Day Temporary On-Street Valet Permit for your event. The application
form is available on the City’s website here. Submit the completed application to
traffic.engineering@santamonica.gov for processing. Valet Company must provide proof of
garagekeeper’s legal liability insurance in the amount of $1,000,000 per occurrence. See
insurance paragraph at the end of this letter for specific requirements; and 2) have
parking/traffic circulation plan approved.
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RESOURCE, RECOVERY & RECYCLING
Contact Resource Recovery and Recycling by email at:
r3permittedevents@santamonica.gov to: 1) have clean-up/recycling plans approved; and
2) if needed, make arrangements to use the City’s available services.
COMPLIANCE WITH SIGNAGE ORDINANCE –Temporary non-permanent signs may be installed
that identify or pertain to the Event within the License Area. Signs that identify or pertain to
the Event may have the logo of a commercial sponsor or vendor, but the logo may not exceed
30% of the sign area. Signs must be internally oriented to the extent possible. The logo of a
tobacco sponsor is prohibited.
Submit a detailed signage plan as soon as possible. Plan must include a description of the
sign including size, material, text, exact location, and method of installation . Signage will
not be permitted if signage plan is not approved.
PUBLIC FACILITIES SERVICES
Contact Shidan Adlparvar (310 434-2603) or Tad Banach (310 458-2181) to make
arrangements to use the electrical service in the 1550 lot. Parking lot lights service is under
the City’s Streets Division. Contact Sylvester Mabry (310 458-85025) or Allen Issagholian
(310 458-8502) to make arrangements regarding use of the parking lot lights in the 1550 lot.
FILM PERMIT
The City of Santa Monica contracts with the FilmLA to coordinate film permits. All filming
inquiries and film permit applications should be submitted to FilmLA through their Online
Permit System at filmla.com at least 5 business days before the first day of filming. To start
your process, please contact FilmLA's Production Planning Department at 213 -977-8600.
LOS ANGELES COUNTY
Contact Los Angeles County Lifeguards LS200@fire.lacounty.gov (310-394-3261) for your
event.
FOOD AND BEVERAGE
If you plan to sell or serve food to the public, the Los Angeles County Health Department
requires that you obtain a Health Permit. Please contact Victor Abdelmalak at the Health
Department West Office vabdelmalak@ph.lacounty.gov (310-410-3400) for more
information. Please note that our office routinely notifies the Health Department of
applications for events that involve selling or serving food to the public.
Submit a copy of your State of California Alcoholic Beverage Control Permit.
Alcohol must be served and consumed within a defined, enclosed area with security at all
entries. All alcohol sponsorship signage must be displayed inside the defined, enclosed area
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only. Comply with all sections of the City’s “Guidelines for Sale and/or Consumption of
Alcohol at Community Events
STATE OF CALIFORNIA COASTAL COMMISSION
Contact the Coastal Commission to confirm if a Coastal Development Permit is required.
Contact: Amber Dobson: Amber.Dobson@coastal.ca.gov
AMPLIFIED SOUND
Amplified sound is permitted from 9 am to 7:00 pm the days of the event. All speakers
must be directed away from residences. On the Pier Deck Portion all speakers must face the
west end of the Pier. On the Beach Site License Area all speakers must face to the west
(toward the Pacific Ocean). Sound check and/or rehearsal time is permitted as follows:
Monday – Friday : 7 am to 10 pm; Saturday and Saturday, 8 am to 10 pm. Continuation of
amplified sound beyond this time may result in the event being closed.
BEACH PARKING LOT EVENT SITE RULES:
If City property is destroyed or damaged by reason of permittee’s use, event, or activity
and the damage or destruction is directly attributable to the permitee, the permittee will
reimburse the City for the actual replacement or repair cost of the destroyed or damaged
property.
Overnight security required.
Contact the Underground Service Alert (800-422-4133) no more than 14 calendar days
before to installing tent to have the utility and electrical lines flagged in the parking lot.
Hydrant Meter Connection - A fire hydrant meter is primarily used to fill an approved water
truck for temporary use. To obtain a hydrant meter connection you must fill out an
application and pay a fee of $264.99. A completed application must be turned in at the
Business and Revenue Operations Office located at 1685 Main Street CHE, Santa Monica, CA
90401.
Bike path must not be obstructed or obscured in any way
All generator cabling must be flown over the bike path at a minimum of 8 feet in height and
be the width of the bike path.
Entire perimeter of event area must be barricaded with, at a minimum, bicycle racks and
cones, K-rails or chain link fence. Site plan submitted to Fire and Police must show
barricades along with a description of the type of barricade to be used. Barricades must
allow the proper ingress/egress as required by the Fire Department.
Reserved event area must include space for attendees to assemble in while waiting to
enter the event. Attendees cannot assemble or line up outside of the reserved area.
Waiting area must also be barricaded to ensure that attendees stay out of the general
parking and traffic area.
All exits and aisles must be kept clear and visible. Entrances and exits must be clearly
marked.
Smoking is prohibited.
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Propane cooking is not permitted in tents/canopies.
All propane tanks should be, properly secured and at least 10 feet from booths and cookin g
area.
Fire extinguishers are required near generators and any open flame cooking.
The use of non-recyclable plastic food and polystyrene/Styrofoam containers is prohibited.
This includes no. 6 in the recycling logo. For more information visit
www.smepd.org/container.
Event area must be cleaned and all litter removed immediately following the close of
event.
Provide adequate restroom facilities as required by the Los Angeles County Health
Department (one for every 250 men; two for every 175 women). At least 10% of restrooms
must be accessible to disabled persons.
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EXHIBIT G
LIST OF AUTHORIZED REPRESENTATIVES
Licensee’s Authorized Representatives
Brian Bostwick - Dir. Production & Special Events
[c] 626-497-3978
[o] 323-860-7327
[e] bbostwick@aidslifecycle.org
Tracy Evans - Ride Director
[o] 415-581-6894
[e] tevans@aidslifecycle.org
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Rahul Awasthy Sandeep Bhadra
General Partner
Vertex Ventures US
Emanuel Campos
Fair & Responsible Banking
First Republic Bank
Frank Duff, MD
Sr. VP, Virology Clinical Development
Gilead Sciences
Colin Frankland
Global Account Manager
LinkedIn
Ferd Garcia
Financial Advisor
Woodbury Financial
Philip Hodges
Managing Director
BlackRock
Kenneth Katz, MD
Dermatologist
Kaiser Permanente
Roscoe Mapps
Vice President, External Affairs
San Francisco Giants MLB
Jonathan Millard
Senior Vice President & Market
Leader, Bank of America
Megan Minkiewicz
Dir. Of Global Partner Programs
Pure Storage
Joshua Morgan III
Exec. Director & Client Advisor
J.P. Morgan
Mur� Nemat Ali
Sr. Director, Product Design
Walmart
Manny Nungaray
Chief Development Officer
YMCA of the East Bay
Katrina Reid
Head of Program Management
Atlassian
David Reyes
Product Growth Lead
Adobe
Fredo Silva
Partner
Morrison & Foerster LLP
Hoa Su, MPH
Manager, Na�onal Clinician
Consulta�on Center
UCSF
La Shon Walker
VP of Community Rela�ons
FivePoint Communi�es
San Francisco AIDS Founda�on
Board of Directors June 2023
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