HomeMy WebLinkAboutA8996 - GREATER PALM SPRINGS PRIDEAGREEMENT FOR EVENT PROMOTION
PRIDE FESTIVAL AND PARADE
This Agreement governed by the laws of the State of California is made
and entered into this if day of r*vtm 2021, by and between the City of Palm
Springs, a municipal corporation, (hereinafter called "City") and Greater Palm
Springs Pride, Inc., a California nonprofit public benefit corporation, (hereinafter
called "Promoter").
RECITALS
WHEREAS, the City Council recognizes the intrinsic value of cultural and
promotional events and the role they play in enhancing and expanding the
economic vitality and image of the City;
WHEREAS, the City Council provides funding assistance to eligible
organizations for the purpose of providing cultural and promotional events and/or
activities that generally benefit the community;
WHEREAS, Promoter plans to produce the Greater Palm Springs Pride
Festival and Parade as described herein (hereinafter called "Event");
WHEREAS, Promoter is a California nonprofit public benefit corporation
authorized to engage in charitable and educational activities as well as those
activities permitted to be carried out by a corporation exempt from federal income
tax under Section 501(c)(3) of the internal Revenue Code and under Section
170(b)(1) of the Internal Revenue Code;
WHEREAS, Promoter needs financial assistance to produce this Greater
Palm Springs Pride Festival and Parade and has requested City sponsorship;
WHEREAS, the City Council has determined that sponsorship of this
Greater Palm Springs Pride Festival and Parade would be of public benefit.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. EVENT DATE AND LOCATION
1.1 Promoter shall organize, manage, and produce the Greater Palm
Springs Pride Festival and Parade (including block party) as
generally described in Exhibit "A" attached hereto and incorporated
herein by this reference.
1.2 The Event shall be held on November 5-7, 2021. In the event of
inclement weather beyond the Promoter's control, or other event
that, in the City's discretion, necessitates moving the Event, a
mutually agreed alternate date may be scheduled for the Event on
the same terms and under this Agreement. In no event shall an
alternate date be set without the express written approval of City.
2. PRESENTING SPONSOR
The parties hereby agree that the City shall be named a presenting
sponsor of the Event. No other municipal or government agency sponsor
shall appear in the title or promotional materials of the Event.
2.1 The City shall be positioned as Presenting Sponsor in event
advertising. For example, City shall receive space to place one (1)
"Welcome Letter" within the Official Program.
2.2 The City shall receive three (3) complimentary 10'x10' booths at the
Event.
2.3 The City shall receive Parade entries (vehicles) for Mayor (1) and
all City Council members (4) participating in the annual parade. The
City shall receive (2) additional parade entries into the annual
parade.
3. SPONSORSHIP TERMS FOR THE CITY
3.1 To produce the Event, the City shall provide Promoter a credit of up
to One hundred and fifteen thousand dollars ($115,000) as an
offset against City's cost and expenses in facilitating and hosting
the Event. The City's cost and expenses include, without limitation,
costs for police, fire, downtown maintenance, street maintenance
and other department services related to the Event. Costs shall
also, include requirements provided of the Special Events Planning
Team (SEPT) such as city permit fees, AMR Services, security,
event services or other production services related to the Event.
To the extent reasonable, any costs projected to exceed the credit
provided will be reviewed with the Promoter ahead of time and
must be mutually agreed to between the City and the Promoter.
The City will provide Promoter with a detailed breakdown of any
costs charged.
3.2 Promoter shall be responsible for paying the balance of those
staffing costs identified in Exhibit "B" within fourteen (14) working
days of the Event's close, but no later than November 29, 2021.
3.3 PROMOTER will provide a post EVENT report to the CITY's
representative sixty (60) days following the close of the EVENT. At a
minimum, this report should include, but is not limited to, the number
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of attendees, publicity received, final costs to produce the EVENT,
and specific uses of the City's funding.
4. PRODUCTION SERVICES TO BE PROVIDED BY PROMOTER
As the producer of the Event, Promoter shall provide production services,
including, but not limited to, the following and shall accept all financial
responsibility for such services:
4.1 The Event must comply with all applicable State, County and City
COVID -19 rules in effect at the time of the event.
4.2 The Promoter is responsible to ensure all staff and attendees
comply with the State's guidance requiring social distancing and the
use of face coverings.
4.3 Securing the necessary venues for the Event and related activities,
including the VIP Party, and other possible special attractions as
approved by City.
4.4 Developing and submitting a schedule and list of entries participating
in Event to SEPT at least fourteen (14) days prior to Event;
4.5 Coordinating the routing and staging of Event with SEPT;
4.6 Contracting and paying for all service vendors and technical
support, including, but not limited to, sound, including a public
address system, lighting (if applicable), canopies, tents, bleachers,
and security services at related activities described in Section 4.1.
4.7 Recruiting, coordinating and supervising volunteers and all their
activities in coordination with SEPT.
4.8 Obtaining certificates of insurance and liability release forms from all
entries, volunteers and vendors participating in Event.
4.9 Promoter shall be responsible for all promotional activities related
to the Event, such as:
a. Preparing press releases and marketing materials to promote the
Event. City logo to be included in all printed promotional
materials.
b. Coordinating with the Palm Springs Bureau of Tourism to
promote Event.
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c. Promoting Event through personal appearances and/or the
distribution of collateral materials.
5. CONTRIBUTION AND SUPPORT SERVICES PROVIDED BY CITY
5.1 City agrees to provide all necessary public services, including, but
not limited to, police services, emergency medical services, street
maintenance services and other public services as may be deemed
appropriate by SEPT, to produce Event. The total cost for such
services shall be as provided in Exhibit "B" to this Agreement,
except where an event described in Section 6.4 occurs. shall
advice Promoter at least 7 days in advance of Event or no later
than October 27, 2021 re specifics of the public services to be
provided.
5.2 City shall make a good faith effort to promote the Event on the City's
government access channel and other advertising and marketing
vehicles as the City Manager deems appropriate.
5.3 City agrees to make available to Promoter the City's portable stage
and entertainment unit known as the "Showmobile."
5.4 City's Contract Officer, responsible for working with Promoter with
respect to the administration of all matter arising from and related to
this Agreement shall be the City Manager or his designee.
6. TERM OF AGREEMENT
6.1 AGREEMENT PERIOD. The effective date of this Agreement shall
be October 15, 2021 through November 30, 2021. Any covenant,
term or provision of this Agreement, which, in order to be effective,
must survive the termination of this Agreement shall survive any
such termination.
6.2 BREACH OF AGREEMENT. Any material deviation by Promoter for
any reason from the requirements hereof, or from any other
provision of this Agreement, shall constitute a breach of this
Agreement and may be cause for termination at the election of City.
City may terminate this Agreement for cause by giving ten (10) days'
Written notice to Promoter. In the event of termination by whatever
means, City reserves the right to waive any and all breaches of this
Agreement, and any such waiver shall not be deemed a waiver of all
previous or subsequent breaches. In the event City chooses to
waive a particular breach of this Agreement, it may condition same
on payment by Promoter of actual damages occasioned by such
breach of Agreement and shall make every effort to resolve the
same quickly and amicably.
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6.3 AGREEMENT TERMINATION. In the event Promoter is unable to
fulfill its responsibilities under this Agreement for any reason
whatsoever, including circumstances beyond its control, City may
terminate this Agreement in whole or in part in the same manner as
for breach hereof and be entitled to the same rights on termination.
6.4 REIMBURSEMENT. All amounts paid to Promoter or costs incurred
by City in excess of the amount specified in Section 5.1 of this
Agreement shall be subject to reimbursement upon the occurrence
of any of the following events:
a. Promoter loses its tax-exempt status under Section 501 (c)
(4) and 170 (c) (2) of the Internal Revenue Code; or
b. The dissolution of Promoter; or
C. Promoter terminates or attempts to terminate this Agreement
for any reason other than City's failure to make payments as
provided hereunder; or
d. Promoter fails to fulfill the responsibilities, duties, and
obligations set forth herein.
7. NO LIABILITY, NONDISCRIMINATION, AND OTHER PROVISIONS
7.1 No Personal Liability. No officer or employee of the City shall be
personally liable for any civil or financial damages to the Promoter,
or any successor -in -interest, in the event of any City default or
breach under this Agreement.
7.2 No Director/Officer Liabilitv. No individual director or officer of the
Promoter shall be personally liable for any civil or financial
damages to the City in the event of any Promoter default or breach
under this Agreement.
7.3 Covenant against Discrimination. In connection with its
performance under this Agreement, Promoter shall not discriminate
against any employee or applicant for employment because of
actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin (i.e., place of origin, immigration status,
cultural or linguistic characteristics, or ethnicity), sexual orientation,
gender identity, gender expression, physical or mental disability, or
medical condition (each a "prohibited basis"). Promoter shall
ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited
basis. As a condition precedent to City's lawful capacity to enter this
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Agreement, and in executing this Agreement, Promoter certifies
that its actions and omissions hereunder shall not incorporate any
discrimination arising from or related to any prohibited basis in any
Promoter activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship; and further, that Promoter is in full compliance with
the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to
nondiscrimination in city contracting.
7.4 Political Use/Lobbvinq. Promoter covenants that the funds provided
by City pursuant to this Agreement will not be used for political advocacy
or lobbying purposes.
8. MUTUAL INDEMNIFICATION.
8.1 Promoter shall indemnify, hold harmless, and defend the City and
its officers, agents and employees from any and all loss, cost,
damage, injury, liability, and claims thereof for injury to or death of a
person, including employees of Promoter or loss of or damage to
property, arising directly or indirectly from Promoter's performance
of this Agreement. Promoter shall indemnify, hold harmless and
defend the City as a result of the negligent acts of Promoter
regardless of whether the facilities or equipment is provided by City
or others, and regardless of whether liability without fault is
imposed or sought to be imposed on City. However, to the extent
that such indemnity is void or othenwise unenforceable under
applicable law in effect on, or validly retroactive to the date of this
Agreement, and except where such loss, damage, injury, liability or
claim is the result of the active negligence or willful misconduct of
City, and is not contributed to by any act of, or by any omission to
perform some duty imposed by law or this Agreement on Promoter,
its subcontractors or either's agents or employees, Promoter shall
not be required to indemnify, hold harmless or defend the City. The
foregoing indemnity shall include, without limitation, reasonable
fees of attorneys, consultants and experts and related costs, and
City's costs of investigating any claims against the City.
In addition to Promoter's obligation to indemnify City, Promoter
specifically acknowledges and agrees that it has an immediate and
independent obligation to defend City from any claim which actually
or potentially falls within this indemnification provision, even if the
allegations are or may be groundless, false or fraudulent, which
obligation arises at the time such claim is tendered to Promoter by
City and continues at all times thereafter.
Promoter shall indemnify and hold City harmless from all loss and
liability, including attorneys' fees, court costs and all other litigation
expenses for any infringement of the patent rights, copyright, trade
secret or any other proprietary right or trademark, and all other
intellectual property claims of any person or persons in
consequence of the use by City, or any of its officers or agents, of
articles or services to be supplied in the performance of this
Agreement.
8.2 City shall indemnify, hold harmless, and defend the Promoter and
its officers, agents and employees from any and all loss, cost,
damage, injury, liability, and claims thereof for injury to or death of a
person, including employees of Promoter or loss of or damage to
property, arising directly or indirectly from the City's active
negligence in support of the Promoter's Event. However, to the
extent that such indemnity is void or otherwise unenforceable under
applicable law in effect on, or validly retroactive to the date of this
Agreement, and except where such loss, damage, injury, liability or
claim is the result of the negligence or willful misconduct of
Promoter, and is not contributed to by any act of, or by any
omission to perform some duty imposed by law or agreement on
City's part, its management or employees. City shall not be required
to indemnify, hold harmless or defend the Promoter. The foregoing
indemnity shall include, without limitation, reasonable fees of
attorneys, consultants and experts and related costs, and
Promoter's costs of investigating any claims against Promoter.
. INSURANCE. Promoter will deliver to the City, not less than thirty (30)
days prior to the first scheduled date of the Event, a certificate of insurance
showing the City as an additional insured in a policy or policies issued by a
company approved by the Risk Manager for the City, with coverage and
limits of insurance acceptable to the Risk Manager, not subject to
cancellation except upon thirty (30) days' written notice to the City.
S. GENERAL PROVISIONS
8.1 INSPECTION. City shall have the right to inspect all production
services and promoter records arising from and related to this
Agreement.
8.2 COMPLETE AGREEMENT. This Agreement contains all the terms
and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the parties hereto. This
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Agreement supersedes all previous agreements, if any, between the
parties.
8.3 AMENDMENTS. Any alterations, variations, modifications or waivers
of provisions to this Agreement shall be valid only when reduced to
writing duly signed and attached to the original of this Agreement.
8.4 City Representation. Promoter shall work closely with the City's
Special Events Manager, who shall be designated the "Liaison
Representative of City." Promoter principals shall provide regular
updates to the Liaison Representative of City to keep the City
currently advised on the status of the Event.
8.5 Compliance with Laws. Promoter shall comply with all applicable
federal, state, and local laws, ordinances and regulations.
8.6 Standard of Care. City relies upon the professional ability of
Promoter as a material inducement to entering into this Agreement.
Promoter agrees to use reasonable care and diligence in rendering
services under this Agreement. Promoter agrees that the
acceptance of its work by City shall not operate as a waiver or
release of said obligation of Promoter. The absence, omission, or
failure to include in this Agreement, items which are normally
considered to be a part of generally accepted professional
procedure or which involve professional judgment shall not be used
as a basis for submission of inadequate work or incomplete
performance.
8.7 Demand for Assurance. Each party to this Agreement undertakes
the obligation that the other's expectation of receiving due
performance will not be impaired. When reasonable grounds for
insecurity arise with respect to the performance of either party, the
other may in writing demand adequate assurance of due
performance and until he/she receives such assurance may, if
commercially reasonable, suspend any performance for which the
agreed return has not been received. "Commercially reasonable"
includes not only the conduct of a party with respect to performance
under this Agreement but also conduct with respect to other
agreements with parties to this Agreement or others. After receipt
of a justified demand, failure to provide within a reasonable time,
but not exceeding ten (10) days, such assurance of due
performance as is adequate under the circumstances of the
particular case is a repudiation of this Agreement. Acceptance of
any improper delivery, service, or payment does not prejudice the
aggrieved party's right to demand adequate assurance of future
performance.
8.8 Third Partv Beneficiaries. Nothing contained in this Agreement shall
be construed to create and the parties do not intend to create any
rights in third parties.
8.9 NOTICES. Communications among the parties hereto shall be
addressed as follows:
PROMOTER: GREATER PALM SPRINGS PRIDE, INC.
Ron DeHarte, President
329 W. Mariscal Rd.
Palm Springs, CA 92262
Tel: (760) 416-8711 - FAX (760) 323-8704
CITY: CITY OF PALM SPRINGS
Justin Clfton, City Manager
P.O. Box 2743
Palm Springs, CA 92262
Tel: (760) 322-8336 - FAX (760) 323-8207
8.10 CITY REPRESENTATION. Promoter shall work closely with the
City's Special Events Manager, who shall be designated the
"Liaison Representative of City." Promoter principals shall provide
regular updates to the Liaison Representative of City to keep the
City currently advised on the status of the Event.
8.11 COMPLIANCE WITH LAWS. Promoter shall comply with all
applicable federal, state, and local laws, ordinances and
regulations.
[SIGNATURE BLOCK NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the date first written above
ATTEST:
CITY OF PALM SPRINGS
a municipal corporation
[ ( By:
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City City Mana r
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CONTRACTO • Check one: Individual Partnershi
ign re (notarized)
Name:
Title:
(This Agreement must be signed in the above space by
one of the following: Chairman of the Board, President
or any Vice President)
State of Cgl IfUKN I A
County of 0 . _pss
On MAW before me,
UADNIMOEAKINYM Pkr�jtr�
personally appeared
It0NPhLq D4, t#oaf personally known
to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) islare subscribed to the within
instrument and acknowledged to me that helshelthey executed
the same in hislhedtheir authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official s
Notary Signature:
Notary Seal:
MONIQUE M. LOMELI
Notary Public - Catifornia
Riverside County
Commission # 2267310
6MY Comm. Expires Nov 17, Z022
p ,,,_,Corporation
By:
Signature (notarized)
Name:
Title:
This Agreement must be signed in the above space by
one of the following: Secretary, Chief Financial Officer or
any Assistant Treasurer)
State of _
County of
ss
On before me,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me
that helshefthey executed the same in his/her/their authorized
capacity(ies), and that by hislhedtheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted: executed the instrument.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
Won
Exhibit "A"
SCOPE OF SERVICES
Greater Palm Springs Pride, Inc. shall organize, manage, and produce the
Greater Palm Springs Pride Festival, Parade and Festivities for the City of Palm
Springs the first weekend of November during the term of this Agreement.
Production of the Event will include, but is not limited to, the following:
Promoter shall be responsible for organizing, planning, managing,
coordinator, staging and otherwise producing the Event on November 5-
November 7 in Downtown Palm Springs ("Downtown").
2. Promoter shall be responsible for developing the schedule of activities,
site map and Event layout to the satisfaction and requirements of the
Special Events Planning Team (SEPT).
3. Promoter shall begin the setup on Palm Canyon Drive between the
blocks of Amado Rd. and Tahquitz Canyon Drive starting Thursday
evening after the completion of VillageFest. The closure shall include
Museum Way from Museum Drive — Palm Canyon Drive & Belardo Road
from Tahquitz Canyon - Andreas Rd. and Andreas Road from Palm
Canyon — Belardo Road. The before mention streets shall not reopen
after the VillageFest closure. Load in begins November 3 on Museum
Way between Museum Drive and Belardo Road at 7:00 a.m. Promoter
shall have access to various side streets and parking lots for event
production.
Arenas Road between Indian Canyon Drive and Calle Encila Road will
be closed Thursday November 4 at 10:00 p.m. and reopen no later than
Monday November 8 at 3:30 a.m.
4. The Promoter shall work with city staff to ensure the entertainment
throughout the event is not directly obstructing any business from
conducting their business in a reasonable manner. Entertainment shall
only be allowed during Event hours, excluding sounds checks as
represented on the Event timeline submitted to SEPT.
5. Promoter shall be responsible for all onsite security through the use of a
qualified security company approved by the Palm Springs Police
Department and all volunteer or paid staff as needed to man and stage
the Event as required by SEPT review.
6. All electrical and lighting required to stage the Event in Downtown shall
be the responsibility of the Promoter. City shall provide electrician to
facilitate hookup to city power in the Downtown, if needed.
7. All amplified sound equipment and lighting shall be directed away from
all merchants, restaurants and neighborhoods, unless approved by
SEPT. Promoter agrees to work with staff on noise levels at the event, if
needed
8. All trash pickup throughout the Event site shall be the responsibility of
the Promoter with the assistance of City staff, as requested. Promoter
shall be responsible for making the necessary arrangements for onsite
trash dumpsters for disposal. Promoter shall handle all cleaning of
restrooms.
9. Dumpsters shall be placed in locations approved by SEPT. Promoter
shall provide recycling containers for the Event
10. Promoter shall be responsible for designating bike rack locations in the
event space and promoting on pspride.org places bike racks will be
located.
11. All food vendor applications shall be submitted to Riverside County
Department of Environmental Health no later than October 22, 2021. All
food vendors shall be required to comply with Riverside County
Environmental Health Codes for the Event. All food vendors shall be
required to have the appropriate fire extinguisher for their product in their
booths at all times.
12. All vendors shall be required to have the appropriate City business
licenses as determined through the SEPT review process. All vendors
shall provide a copy of their state issued sellers permits. Business
licenses must be displayed on or within vendor booths throughout the
Event. VillageFest licenses are not considered acceptable as a City
business license. All vendor permits must be submitted no later than
seven (7) working days prior to the Event for non-food vendors.
13. All beer gardens or locations dispensing alcohol shall be constructed,
maintained and monitored in accordance with a pre -approved plan by
the City's Police Department and under the laws and regulations of the
State of California as required by Alcohol Beverage Control (ABC).
14. Pre -stage on Palm Canyon shall begin at 6:00 a.m. from Vista Chino to
Amado Rd. All floats must be in the pre -stage area no later than
9:00 a.m.
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15. Parade Route on Palm Canyon will close at 9:00 a.m. from Tachevah
Rd- Amado Rd. and reopen no later than 2:00 p.m.
16. Promoter shall provide a parade route to be approved by SEPT.
Promoter shall coordinate staging and lineup of all parade entries. Post -
stage traffic direction will be coordinated by Promoter as approved by
SEPT.
17. All floats in the parade shall be required to have a fire extinguisher as
determined during the SEPT review process.
18. No Parade participants shall leave any items or debris on city streets. If
any debris is found the Promoter will be responsible for the cost of
additional cleaning required.
19. Promoter shall provide portable toilets at various locations along the
parade route as may be approved by the City. Promoter shall obtain
permission of the property owners for placement on private property.
20. Promoter shall provide sign language interpretation at a review stand
along the parade route.
21. Promoter shall work directly with SEPT to designate ADA parking for the
Palm Springs Pride Festival and Parade.
22. Promoter shall be responsible for all notifications to residents, merchants
and hoteliers as designated by the Manager of the Office of
Neighborhoods.
23. Promoter shall ensure all Event vendors are in compliance with the
Downtown vendor regulations.
24. Promoter shall provide enough volunteers or private security as
requested by Palm Springs Police.
25. Promoter shall work directly with the Special Events Police Sergeant on
designated locations for private security to be located to help deter
alcohol from exiting the open-air, non -fenced event zone as designated
by the department of Alcohol and Beverage Control.
FIRE DEPARTMENT CONDITIONS
FID 1 Fire Department Fees — A $793.00 fee (Operational Permit + FBRx3 hours) is
required at the time of submittal for site -plan review and site compliance
inspection. These fees are established by resolution of the Palm Springs City
Council.
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FID 2 Site Plan — Aerial site plan (Google Map overlay) shall be submitted to the Fire
Department in PDF format. Information shall include: Event name and date(s);
dimensions of enclosure, booths, bars, tents, stages, beer trailers, etc.; expected
number of attendees; vendor booth locations; identification of any cooking booths
using open flame devices; fences; exits.
FID 3 Fire Apparatus Access Roads — (public streets, private streets, parking
lot lanes and access roadways) shall not be obstructed in any manner
including the parking of vehicles that will reduce the fire department
access road to a width of less than 20 feet. Provide for aerial access for
The Rowan Hotel on both the north and west sides.
FID 4 Fire Hydrants — No person shall stop, park, or leave standing any
vehicle, or place a vendor booth/display, within 15 feet (7.5 feet on either
side) of a fire hydrant.
FID 5 Parade Floats — Floats are subject to inspection by the Palm Springs
Fire Department
• Decorative materials on parade floats shall be non-combustible or
flame retardant.
• Combustible Clearance. A 12" minimum clearance of decorative
materials shall be maintained around vehicle and/or generator
exhaust pipe(s).
• Motorized parade floats and towing apparatus shall be provided with
a minimum 2A- 10B:C rated portable fire extinguisher readily
accessible to the operator.
• Portable generators shall be secured from tipping and subject to
approval by the fire code official. Fuel cans are prohibited in vehicles,
floats and trailers.
FID 6 Food Vendors — All food vendors utilizing open flame cooking devices
(grills, barbeques, stoves, ovens, woks, kettles, deep -fryers, etc., shall
be required to have the appropriate fire extinguisher with a current
State Fire Marshal service tag attached (serviced within the past 12
months). A 2A-10B:C minimum rated dry chemical fire extinguisher is
required. In addition, any food vendor that deep-fry's food or uses solid
fuel for cooking such as charcoal, wood, etc. shall have a "Class K" UL
rated 2AX wet chemical fire extinguisher.
BALE
FID 7 All Vendors — Vendors utilizing open flame devices (LPG heaters,
candles, etc.), shall be required to have the appropriate fire
extinguisher with a current State Fire Marshal service tag
attached(serviced within the past 12 months). A 2A-10B:C minimum
rated dry chemical fire extinguisher is required.
FID 8 Tent Permits — An operational permit is required for all temporary tents
and membrane structures in excess of 400 square feet. Tent conditions
provided at the time of permit application. Tent permits to be secured
by the tent supplier and to have a representative on site for the tent
inspections.
FID 9 Fire Department Standby — Two (2) PSFD personnel shall be required
on site during the event hours for life safety standby. One (1) PSFD
engine company with a crew of three shall be required for six hours
stationed on the west side of Palm Canyon Drive to include the hours of
the parade. One (1) person shall be required at the command post for
the parade. One (1) fire department representative shall be at the
parade pre -meeting to discuss parade float and safety requirements.
Promoter is responsible for actual costs billed at the fully burdened rate
of the personnel assigned.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION AND
DESCRIPTION OF CITY SERVICE COSTS
Cost Estimate for City Employee Costs and Equipment Rental for Venue
Parks/Downtown Division estimate $ 10,000.00
Public Works Department estimate $ 29,900.00
Fire Department estimate (including permit fees) $ 11,000.00
Special Events Staff estimate $ 7,000.00
Police Department estimate . _ $ 55,000.00
CHP Officers $ 7,000.00
Private Security $ 35,000.00
SUBTOTAL $ 154,900.00
City In -Kind Sponsorship - 115,000.00
Estimated Balance Due from Promoter $ 39,900.00
City agrees to waive the per -space rental cost for the use of the Showmobile for
the duration of the Event.
The City will contribute One Hundred and Fifteen Thousand Dollars ($115,000)
for City services. Greater Palm Springs PRIDE is required to pay for all City
services above and beyond the City's contribution for the Event as determined by
the SEPT review process and outlined in Exhibit "B". Payment of fifty percent
(50%) of the total estimated remaining costs for City services is required at least
fourteen (14) days in advance of the Event or immediately upon conclusion of the
final SEPT meeting prior to the Event, whichever is later.
The remaining cost of services is due within fourteen (14) days following the
conclusion of the Event.
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Exhibit "C"
INSURANCE REQUIREMENTS
INSURANCE. The Contractor shall procure and maintain, at its sole cost and expense,
in a form and content satisfactory to City, during the entire term of the Agreement,
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined
single limit of at least $1,000,000 bodily injury and property damage,
including coverages for contractual liability, personal injury, independent
contractors, broad form property damage, products and completed
operations. The Commercial General Liability Insurance shall name the
City, its officers, employees and agents as additional insured.
(b) Workers' Compensation Insurance. A policy of workers' compensation
insurance in any amount which fully complies with the statutory
requirements of the State of California and which includes $1,000,000
employer's liability. The insurer shall waive all rights of subrogation and
contribution it may have against the City, its officers, employees and
agents, and their respective insurers.
(c) Business Automobile Insurance: A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in
the amount of $1,000, 000 bodily injury and property damage. The
Business Automobile Insurance shall name the City, its officers,
employees, and agents as additional insured.
No work or services under this Agreement shall commence until the Contractor
has provided the City with Certificates of Insurance, endorsements or appropriate
insurance binders evidencing the above insurance coverages and said
Certificates of Insurance, endorsements or binders are approved by the City.
The contractor agrees that the provisions of contained herein shall not be
construed as limiting in any way the extent to which the Contractor may be held
responsible for the payment of damages to any persons or property resulting
from the Contractor's activities or the activities of any person or persons for
which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance
with this Agreement the contract between the Contractor and such subcontractor
shall require the subcontractor to maintain the same policies of insurance that the
Contractor is required to maintain pursuant to this Section.
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