HomeMy WebLinkAboutA8466 - C V SPIN INC. dba TOUR de PALM SPRINGS0
AGREEMENT FOR EVENT PROMOTION
This Agreement, governed by the laws of the State of California, is made
and entered into this 30t" day of December 2019, by and between the City of
Palm Springs, a municipal corporation, hereinafter called "City," and C.V. Spin,
Inc., dba the Tour de Palm Springs, a California nonprofit, 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; and
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; and
WHEREAS, Promoter plans to produce the Tour de Palm Springs as
described herein (hereinafter "Event"); and
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; and
WHEREAS, Promoter requests financial assistance to produce the Event
and has requested City sponsorship; and
WHEREAS, the City Council has determined that sponsorship of the Event
would be of public benefit.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.0 EVENT DATE AND LOCATION
1.1 Promoter shall organize, manage, and produce the Event generally
described in Exhibit "A" and attached hereto and incorporated herein by this
reference.
1.2 Event on Friday and Saturday, February 7 & 8, 2020, on various
streets within the City as described in Exhibit "A."
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2.0 PRESENTING SPONSOR
2.1 The parties hereby agree that the City shall be named one of the
sponsors of the Event. No other municipal agency sponsor shall appear in
the title of the Event sponsored under this Agreement or on promotional
literature advertising the Event.
2.2 Promoter will provide City with recognition in advertising media to
include print, radio, internet, social media and television. Promoter will
provide a link on its website (www.tourdepalmsprings.com) to the City
website. On any printed materials associated with its program or event.
Promoter will provide a complimentary 10' x 10' booth at the Event
exposition for informational purposes if requested by the City. Promoter
will provide complimentary VIP entry to the Event for a single twenty (20)
member City team, whose members will be determined by the City.
2.3 City will provide promotional assistance for the Event through the
Palm Springs Bureau of Tourism (PSBT) and through the City Events
Calendar listed on the City's website.
2.4 The City and Promoter agree that nothing in this Agreement should
be construed as establishing any joint venture or partnership arrangement
of any kind between the parties and that the debts and obligations of the
Promoter are solely the debts and obligations of the Promoter, and the
City shall not be liable for any portion of such debts and obligations.
2.5 City, with its Special Events Planning Team (SEPT), will endeavor
to liaison with Promoter on all logistical and promotional matters at
Promoter's request.
3.0 SPONSORSHIP TERMS FOR THE CITY
3.1 As provided in Section 5.0 of this agreement, The City will be a
sponsor of the event and provide Promoter with up to Fifty Thousand
Dollars ($50,000) for in -kind services to promote the event. The in -kind
services will cover staffing costs for City's police, fire, streets maintenance
and parks maintenance services as determined through the SEPT process
for the bike rides and expo. The City shall appropriate funds upon
execution of said Agreement, unless otherwise changed by the City.
3.2 Promoter is responsible for raising all funds necessary to produce
the Event in excess of the City's contribution of Fifty Thousand Dollars
($50,000) of in -kind services.
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 the number of attendees, publicity
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received, final costs to produce the Event, and a detailed breakdown of the
specific uses of the City's funding.
4.0 SERVICES TO BE PROVIDED BY PROMOTER
As the producer of the Event, Promoter will provide production services,
including, but not limited to, the following and will accept all financial
responsibility for such services:
4.1 Securing the necessary venues for the Event and related activities,
including VIP party, use of parking lots and other possible special
attractions as approved by City.
4.2 Developing and submitting a schedule and list of exhibitors and
sponsors participating in Event to City's SEPT at least ten (10) days prior to
the Event; coordinating Event routing, signs, delineation and staging with
SEPT and providing an accurate count to date of registered Event
participants no less than forty-eight (48) hours prior to start of bike event.
4.3 Contracting and paying for all service vendors and technical
support, including, but not limited to, sound, including a public address
system, lighting, electricity, canopies, tents, bleachers, and security
services at related activities described in Section 4.1, and reimbursing City
for any expenses incurred by the City pursuant to Section 4.2 in excess of
the City's in -kind contribution.
4.4 Recruiting, coordinating, and supervising volunteers and all their
activities.
4.5 Obtaining certificates of insurance and liability release forms from all
entries, volunteers and vendors participating in Event.
4.6 Promoter shall be responsible for all promotional activities related
to the Event including:
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; and
C. Promoting Event through personal appearances and/or the
distribution of collateral materials.
5.0 CONTRIBUTION AND SUPPORT SERVICES PROVIDED BY CITY
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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, unless an
occurrence described in Section 6.4 occurs. City also shall advise
Promoter on or about November 26, 2019 re specifics of the public
services to be provided, or at least seven (7) days in advance if the event is
rescheduled.
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.
6.0 TERM OF AGREEMENT, BREACH AND REIMBURSEMENT
6.1 The effective date of this Agreement shall be from January 1,
through March 1, 2020. 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 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.
6.3 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.
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6.4 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 Liability. 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 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
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without limitation the provision of benefits, relating to non-discrimination in
city contracting.
7.3 No Financial Interest. Promoter acknowledges that no officer or
employee of the City has or shall have any direct or indirect financial
interest in this Agreement, nor shall Promoter enter into any Agreement of
any kind with any such officer or employee during the term of this
Agreement and for one year thereafter. Promoter warrants that Promoter
has not paid or given, and will not pay or given, any third party any money
or other consideration in exchange for obtaining this Agreement.
7.4 Political Use/Lobbying. 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 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 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
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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.
9. 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.
City's insurance requirements are further reflected in Exhibit "C," attached
hereto and incorporated by this reference herein.
10. GENERAL PROVISIONS
10.1. Inspection. City shall have the right to inspect all production
services and promoter records arising from and related to this Agreement.
10.2 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 Agreement supersedes all
previous agreements, if any, between the parties.
10.3 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.
10.4 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
55575.18185\32635495.1 7
to the Liaison Representative of City to keep the City currently advised on
the status of the Event.
10.5 Compliance with Laws. Promoter shall comply with all applicable
federal, state, and local laws, ordinances and regulations.
10.6 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.
10.7 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.
10.8 Third Party Beneficiaries. Nothing contained in this Agreement shall
be construed to create and the parties do not intend to create any rights in
third parties.
10.9 Notices. Communications among the parties hereto shall be
addressed as follows:
PROMOTER: C.V. Spin, Inc.
TOUR DE PALM SPRINGS,
Aftab Dada, President
74854 Velie Way, Suite 9
Palm Desert, CA 92260
(760) 674-4700
55575.18185\32635495.1 8
CITY: CITY OF PALM SPRINGS
David H. Ready, City Manager
P.O. Box 2743
Palm Springs, CA 92262
(760) 322-8336 FAX (760) 323-8207
7.7 CITY REPRESENTATION. Promoter shall work closely with the
City's Special Events Manager, who shall be designated the "Liaison
Representative of City." Promoter's principals shall provide regular
updates to the Liaison Representative of City to keep the City currently
advised on the status of the Event.
7.8 COMPLIANCE WITH LAWS. Promoter shall comply with all
applicable federal, state, and local laws, ordinances and regulations.
7.9 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 that are normally considered to be a part of generally accepted
professional procedure or that involve professional judgment shall not be
used as a basis for submission of inadequate work or incomplete
performance.
7.10 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.
7.11 THIRD PARTY BENEFICIARIES. Nothing contained in this
Agreement shall be construed to create and the parties do not intend to
create any rights in third parties.
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8.0 Covenant Against Discrimination . In connection with its performance
under this Agreement, Contractor 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"). Contractor 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 Agreement, Contractor shall certify that its actions and
omissions hereunder shall not incorporate any discrimination arising from
or related to any prohibited basis in any Contractor 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 Contractor 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 non-discrimination in
city contracting.
8.1 Promoter will receive waiver from each participant waiving any rights
against 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, except for the City's negligence or willful disregard.
[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
CITY OF PALM SPRINGS,
ATTEST: a California charter city and municipal
corporation
r /
By. P�ejia,B
nthon . David H. R�eady, EC
s .
City Clerk City Manager
C.V. Spin, In , a Califor nonp
APPROVED AS TO FORM public benefit rporatio
By:
CI A RN EY
APPROVED '' ' , UNCIL
55575.18185\32635495.1 11
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Cal' is
County of JL✓ S I d -6 )
On �JC.�.r✓lir i� , aZ0 �-0 before me, 0 irl' hLQ 1 N PU 1
(insert name and title of the officer)
personally appeared PI'CA'c4-h V �
who proved to me on the basis of satisfactory evidence to be the personjsa whose name-(8 re
subscribed to the within instrument and acknowledged to me thatgsheAhe"xecuted the same in
,h1!UherfthVT1 authorized capacity(ies� and that byd§jWhefAh& signature(a)-on the instrument the
6rson(8fi or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
FLORENCE M.JENKINS
Notary Public -Cia aliforn
� Riverside Couney _
Commfsslon # 2308169
My Comm, Expires Nov 6, 2023
Exhibit "A"
SCOPE OF SERVICES
Promoter shall organize, manage, and produce the 2020 Tour De' Palm Springs Event
for the City scheduled February 7 & 8, 2020, to include a bicycle ride and walk,
entertainment, and vendor expo. Production of the Event will include, but is not limited
to, the following:
Promoter is responsible for organizing, planning, managing, coordinating,
staging and otherwise producing the Event on February 7 & 8, 2020 upon
designated streets within the City.
2. Promoter is responsible for developing the schedule of activities, site map
and travel routes, traffic delineation and signs, rest stations, and Event
layout to the satisfaction and requirements of SEPT.
3. Promoter is responsible for all onsite security through the use of a
qualified security company approved by the City, and all volunteer and/or
paid staff as needed to man and stage the Event on various streets
throughout Palm Springs as required by SEPT review. A copy of the
security contract must be provided to SEPT by February 1, 2020.
4. All electrical and lighting required to stage the Event will be the
responsibility of the Promoter. City shall provide electrician to facilitate
hookup to city power in the Downtown, if needed.
5. All amplified sound equipment and lighting is to be directed away from all
adjacent residential and business housing.
6. Dumpsters shall be placed in locations approved by SEPT. Promoter
shall provide recycling containers for the Event.
7. All trash pickup throughout the Event site will be the responsibility of the
Promoter with support from paid city staff. All marking of concrete walks,
streets and parking lots shall be done with a water-soluble paint or chalk
and shall be removed by Promoter within twenty-four (24) hours of the
conclusion of the Event. Promoter will handle all cleaning of restrooms to
include ample portable toilets in locations approved by SEPT.
8. All food vendor applications will be submitted to Riverside County
Department of Environmental Health no later than January 24, 2020. All
food vendors will be required to comply with Riverside County
Environmental Health Codes for the Event.
9. Should the promoter decide to have create a "beer or wine garden" at the
event. The promoter shall submit an application to the Department of
Alcohol and Beverage Control no later than January 16, 2020.
10. All vendors will be required to have the appropriate City business licenses
as determined through the SEPT review process. Business licenses must
55575.18185\32635495.1 12
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 January 24, 2020. All
vendors must submit a valid Sellers Permit with the City of Palm Springs
listed issued by the State Board of Equalization.
11. A first aid station shall be required on the Event site. Two (2) Palm
Springs Fire Department Emergency Medical Technicians shall be on site
throughout the Event as determined by SEPT. Additionally, two (2) fire
marshals shall be required on site during the ride.
12. Promoter will provide bike routes as needed and approved by SEPT.
Promoter will coordinate staging and lineup of all participant entries, pre -
and post -stage traffic delineation and staging as approved by SEPT. No
changes will be made to routes without the consent of SEPT.
13. Promoter will provide portable toilets in various locations at the pre -stage
area and other locations as determined by SEPT. Promoter will be
responsible for the delivery, cleaning and pickup of portable toilets and is
required to obtain permission of the property owners for placement on
private property, all portable restrooms will removed from downtown Palm
Springs before 8:00 a.m. on Monday February 10.
14. Promoter shall be responsible for attending a Palm Springs Neighborhood
meeting and reviewing all routes that will impact Palm Springs
neighborhoods. The promoter shall mark the routes at least 3 days in
advance notifying the public that the streets will be utilized for Tour de
Palm Springs and identify the date of the event.
15. The Promoter shall also attend a Main Street meeting to review any
impact the Palm Springs Merchants. The promoter will also hand delivery
notices to all the business affected by the ride and road closures. The
promoter may also be asked to attend other stakeholder meetings and
shall be required to attend.
16. City police officers shall be required at the Event site on Friday, February
9 and Saturday, February 10. City's Police Department shall coordinate
required staffing for the event, consisting of motor officers, marked units
and foot beat officers.
17. Expo shall be set up on designated streets (Approved by SEPT) closing
at 6 a.m. by City Streets Department. Departure of all bike rides will be off
Palm Canyon Drive and Alejo Rd. All riders and walkers will have
departed by 11:15 a.m. Palm Canyon Drive will reopen to vehicular traffic
by 7:00 p.m. Vendor is responsible to have all tenting, tables, staging
etc... off the street by 7:00 p.m.
18. Expo event hours shall be the following: Friday February 9 from 12:00
p.m. -9:00 p.m.; Saturday February 10 from 9:00 a.m. - 5:00 p.m. All
vendors and expo materials will be completely removed from the street by
7:00p.m.
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19. Traffic Plan for all routes within the City of Palm Springs shall be
submitted to SEPT.
20. Traffic Message Boards shall be displayed at E. Racquet Club/Farrell and
Southbound N. Gene Autry North of the railroad bridge. Messages should
advise motorists of heavy bicycle traffic traveling on roadways. Additional
message boards may be required for public safety by SEPT.
21. SEPT will assign additional staffing as needed.
22. Event layout must be reviewed and approved by the Palm Springs Fire
Marshall and the Events Manager by Friday January 16, 2020. No
changes may be made without written consent from city staff.
FIRE DEPARTMENT CONDITIONS
FID 1 Fire Department Fees — A $608.00 fee is required at the time of submittal
for site -plan review, applicable permits, and site compliance inspection
paid to the Palm Springs Fire Department. These fees are established by
resolution of the Palm Springs City Council.
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,
generators, etc., expected number of attendees; vendor booth locations;
identification of any cooking booths using open flame devices; fences,
exits; fire hydrant locations.
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.
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 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.
FID 5 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).
55575.18185\32635495.1 14
A 2A-10B:C minimum rated dry chemical fire extinguisher is required.
FID 6 Tent Permits — An operational permit is required for all temporary tents,
membrane structures or temporary stage canopy in excess of 400 square
feet with one or more side walls and 700 square feet or more without any
side walls. Tent conditions will be provided at the time of permit application.
Tent installer to request tent permit from Palm Springs Fire Department.
FID 7 Fire Department Standby — One (1) PSFD member shall be required on
site during the festival and bike ride event. Promoter is responsible for actual
costs billed at the fully burdened rate of the personnel assigned. Standby
fees to be paid at the conclusion of the event (approximately $1,944.00).
FID 8 Medical Standby — Promoter is responsible for providing Advanced Life
Support (ALS)1 coverage throughout the event (bike ride portion). Provider
shall be an authorized ALS transport provider as determined by the
Riverside County EMS Agency (REMSA) and approved by the Palm Springs
Fire Department.
END OF CONDITIONS
55575.18185\32635495.1 15
Exhibit "B"
ESTIMATE SCHEDULE OF COMPENSATION AND DESCRIPTION OF CITY
SERVICE COSTS
Fridav February 7 & Saturdav February 8. 2020
Palm Springs Police Department $
Streets/ $
(Including Barricades/Traffic control rental)
Downtown Maintenance $
Special Events Staff
PSFD Deputy Fire Marshall
Facilities Maintenance
TOTAL ESTIMATED COST:
City Sponsorship
$
$
23,100.00
30,500.00
6,500.00
2,800.00
3,500.00
2,700.00
$ 69,100.00
$ 50,000.00
Total Due to City: $ 19,100.00
55575.18185\32635495.1 16
r
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 $2,000,000 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.
55575.18185\32635495.1 17
To be completed by Event Organizer Bib #
Event/Series Name Event/Series Date(s) Permit
USA Cycling Assumption of Risk, Release of Liability, Covenant Not to Sue and Indemnity Agreement
In consideration of USA Cycling ("USAC") allowing me to participate in any USA Cycling sanctioned event or series and all activities related to or connected
with any event or series, including travel to and from (collectively the "Event'), whether through the issuance of an annual or one -day membership, and whether
as a rider, official, coach, mechanic, volunteer, spectator, or otherwise, I, for myself, my spouse, children, guardians, heirs and next of kin, and any legal and
personal representatives, executors, administrators, successors and assigns, hereby agree as follows:
1. Assumption of Risk. I am aware that cycling involves inherent risks, including but not limited to those associated with man-made and natural jumps;
collision with pedestrians, vehicles, other participants, animals, and fixed or moving objects; imperfect course conditions; surface hazards, including pot holes;
equipment failure; inadequate safety equipment; use of equipment or materials provided by the Event organizer and others; and weather conditions. I fully
understand that participating in the Event is an extreme test of a person's physical and mental limits and may involve the risk of serious injury or death,
economic loss, property damage or loss that may result from my own actions, inactions or negligence, and also from the actions, inactions or negligence of
others. I understand and voluntarily assume these risks.
2. Release of Liability. I hereby forever release, waive, and discharge USAC, USA Cycling Development Foundation and each of their respective officers,
directors, agents, employees, volunteers, independent contractors, members, clubs, officials, event directors, local associations, and affiliates as well as the
Union Cycliste Internationale ("UCI"), sponsors, organizers, property owners, law enforcement agencies, and public entities, that are connected with the Event,
and each of their respective officers, agents, employees, and volunteers (collectively, "Releasees") from any and all claims that may arise out of or are
related to my participation in the Event, including claims arising from the ordinary negligence of Releasees.
3. Covenant Not to Sue and Indemnity Agreement. I will not make any claim against Releasees for injury, damage, death or any other loss arising from
or related to my participation in the Event. I understand that if I attempt to sue Releasees in violation of this agreement, Releasees may seek to recover all
of their costs, including legal fees. I agree to indemnify, hold harmless, and defend Releasees from and against any and all actions, causes of action,
claims, charges, demands, losses, damages, costs, attorney's fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known
or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by me or any other person in
any way connected to, related to, or arising out of my participation in the Event.
4. Health. I represent that I am in good health and proper physical condition to safely participate in the Event. I acknow'- cnle responsibility to
make such determination and that I am responsible for my own well-being at all times while participating in the Ever
Event, I consent to the release of my name and medical information by any third party to Releasees and their insuranc
5. Rules; Regulations; Equipment. I agree to be familiar with and abide by the rules and regulations established for;
subject to, and shall abide by, the competitive rules, regulations, policies and Code of Conduct adopted by USAC as a��
published at www.usacycling.org . I agree to be familiar with the Event course. I agree to ride and participate so as to
I accept responsibility for the condition and adequacy of my equipment and any equipment provided for my use. I will
USAC rules and regulations and I assume all responsibility for the selection of such a helmet.
6. Anti -doping. I acknowledge that UCI Anti -Doping Rules and U.S. Anti -Doping Agency ("USADA") Protocol apply
rules. I agree to submit to drug testing and understand that the use of methods or substances prohibited by the appl
subject to penalties up to disqualification and suspension. I agree to submit to the results management authority and processes v, uo--, ,,
under the USADA Protocol, or to the results management authority of the UCI and/or my national federation, if referred by USADA.
7. Use of Information. I understand that USAC may collector receive my contact information in connection with this agreement, and use it to administer this
agreement and for marketing purposes. I further acknowledge, agree and consent that (a) USAC and its designees may share this information with third
parties who need access to this information to perform services on USAC's behalf, (b) USAC may also share this information with select marketing partners,
and (c) USAC and its select marketing partners may use this information to contact me with information and offers believed to be of interest to me.
8. Media Grant. I grant to USAC and its designees the right and license to use, copy, modify, broadcast, distribute, transmit, display, perform, present, create
works and derivative works, and otherwise utilize my image, likeness, name, voice, comments or other personal information (collectively, "Personal Attributes"),
in any manner or medium (whether now or hereafter existing), filmed, photographed or otherwise recorded or memorialized in any manner in connection with
an Event, for any purpose whatsoever, without compensation or notice to or consent by me or any third party.
9. Governing Law; Jurisdiction; Severability. This agreement shall be governed by the laws of the State of Colorado without giving effect to any choice or
conflict of law provision or rule (whether of the state of Colorado or any other jurisdiction). Any legal suit, action, or proceeding arising out of or relating to this
agreement shall be instituted in courts of the State of Colorado located in Colorado Springs, El Paso County. If any provision of this agreement is invalid,
illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement or invalidate or
render unenforceable any other provision in any other jurisdiction.
I have carefully read the foregoing and fully understand its terms. I attest that I am 18 years of age or older (19 if in Alabama). I understand that I
am giving up substantial rights, including my right to sue Releasees for iniuries resulting from the inherent risks of cycling and the ordinary
negligence of Releasees. I acknowledge that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and
unconditional release of all liability to the greatest extent permitted by law.
Printed Name of Participant Signature of Participant Date Date of Birth
Emergency Contact Name Emergency Contact Number
PARENTAL / LEGAL GUARDIAN CONSENT
I attest that I am the parent or legal guardian of the minor participant named above. I have carefully read the foregoing and agree to all of the terms.
Printed Name of Parent/Guardian Signature of Parent/Guardian Date
Rev 6/19/19