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HomeMy WebLinkAboutA9152 - UPBEAT PARADE PRODUCTIONS55575.18185\40804306.1 Page 1 of 3 Revised: 7.15.23 AMENDMENT NO. 2 TO THE A9152 PARADE PRODUCTION SERVICES BETWEEN THE CITY PALM SPRINGS AND UPBEAT PARADE PRODUCTIONS 1. Parties and Date. This Amendment No. 2 to the Parade Production Services is made and entered into as of this 15 day of July 2023, by and between the City of Palm Springs (“City”) and Upbeat Parade Productions, a Limited Liability Corporation with its principal place of business at 5320 Cedar Grove Cir. San Jose, Ca 95123 City and Upbeat Parade Productions are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Upbeat Parade Productions have entered into an agreement entitled “Parade Production Services” dated 15 day July 2023 for the purpose of retaining the services of Upbeat Parade Production to provide Parade production services for the Veterans Day Parade and the Festival of Lights Parade. 2.2 Amendment. The City and Upbeat Parade Productions desire to amend the Agreement to include the services for inflatable balloons, holiday floats and costumes. An additional $180,000 in compensation per year will be provided. Original contract amount was $49,000 per year and $147,000 for three years. Total amended contract amount will be $229,000 per year. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 11.3 of the Agreement. 3. Terms. 3.1 Scope of Services section 1.1 shall be amended to include providing and at least 4 holiday floats, at least 8 inflatable balloons for the Festival of Lights Parade and 3 inflatable balloons for the Palm Springs Veterans Day Parade, Helium to support the inflatable balloons and costume characters, inflatable costumes and floats. Section 1.1 of the Scope of Services of the Agreement is hereby amended to add the following: Section 1.1 Scope of Services: Added: Upbeat Parade Productions will provide a Santa Float, at least 8 inflatable balloons for the Festival of Lights Parade and 3 inflatable balloons for the Palm Springs Veterans Day Parade, a Council Float, 2 additional floats for community groups or possible sponsors floats, helium for the inflatable balloons and children’s costumes characters and inflatable costumes and floats shall be provided. DocuSign Envelope ID: 5BB06EC7-EC01-48B3-8039-E6C82CC4EC2D 55575.18185\40804306.1 Page 2 of 3 Revised: 7.15.23 3.2 Compensation of Contractor is hereby amended to read as follows: 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed Two-hundred and Twenty-nine Thousand Dollars ($229,000.00) per year. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 5BB06EC7-EC01-48B3-8039-E6C82CC4EC2D 55575.18185\40804306.1 Page 3 of 3 Revised: 7.15.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND UPBEAT PARADE PRODUCATIONS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 9/14/23______ Item No. 1G APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: 5BB06EC7-EC01-48B3-8039-E6C82CC4EC2D 9/26/2023 9/26/2023 Page 1 of 3 Revised: 2.9.22 AMENDMENT NO. 1 TO THE A9152 PARADE PRODUCTION SERVICES BETWEEN THE CITY PALM SPRINGS AND UPBEAT PARADE PRODUCTIONS 1. Parties and Date. This Amendment No. 1 to the Parade Production Services is made and entered into as of this 24 day of October 2022, by and between the City of Palm Springs (“City”) and Upbeat Parade Productions, a Limited Liability Corporation with its principal place of business at 5320 Cedar Grove Cir. San Jose, Ca 95123 City and Upbeat Parade Productions are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Upbeat Parade Productions have entered into an agreement entitled “Parade Production Services” dated 29 day September 2022 for the purpose of retaining the services of Upbeat Parade Production to provide Parade production services for the Veterans Day Parade and the Festival of Lights Parade. 2.2 Amendment. The City and Upbeat Parade Productions desire to amend the Agreement to include the services for inflatable balloons, holiday floats and costumes. An additional $50,000 in compensation will be provided. Original contract amount is $49,000. Total amended contract amount $99,000. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 11.3 of the Agreement. 3. Terms. 3.1 Scope of Services section 1.1 shall be amended to include providing inflatable balloons and at least 2 holiday floats and or additional costume characters. Section 1.1 of the Scope of Services of the Agreement is hereby amended in its entirety to read as follows: Section 1.1 Scope of Services: Upbeat Parade Productions will provide a Santa Float, at least 6 inflatable balloons and a Council Float, if funds allow additional costumes shall be provided. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. DocuSign Envelope ID: 82A28371-6962-468F-B375-5EB72996D9CBDocuSign Envelope ID: 1EAED29C-EA5C-440A-8EBA-505CD9A75D72 Page 2 of 3 Revised: 2.9.22 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 82A28371-6962-468F-B375-5EB72996D9CBDocuSign Envelope ID: 1EAED29C-EA5C-440A-8EBA-505CD9A75D72 Page 3 of 3 Revised: 2.9.22 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND UPBEAT PARADE PRODUCATIONS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: _______ Item No. APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: 82A28371-6962-468F-B375-5EB72996D9CB 10/27/2022 DocuSign Envelope ID: 1EAED29C-EA5C-440A-8EBA-505CD9A75D72 CONTRACT ABSTRACT Contract prepared by: Leigh Gileno Submitted on: 7/2/2022 By: L.Gileno Note: Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Upbeat Parade Productions Ray Pulver Parade Production Services $49,000.00 annually TBD 3 years with 2 one-year renewal options Contract Administration Lead Department: Contract Administrator: Recreation Jasmine Waits Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: September 29, 2022 9152 Contract Compliance Exhibits: Signatures: Insurance: Bonds Yes Yes N/A Page 1 of 20 CONTRACT SERVICES AGREEMENT A9152 PARADE PRODUCTION SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Upbeat Parade Productions, a Limited Liability Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”. RECITALS A. City requires the services of a Parade Organizer, for the Palm Springs Veterans Day and Festival of Lights Parade (“Project”). B. Contractor has submitted to City a proposal to provide parade production services for the Palm Springs Veterans Day and Festival of Lights Parade under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 10/19/2022 Page 2 of 20 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $49,000.00 per year. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice. 3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. Page 3 of 20 4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially a ffects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without lim itation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 3 years unless extended by mutual written agreement of the Parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Ray Pulver, Owner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. Page 4 of 20 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Ray Pulver Owner Jeffrey Sinn Staging Manager Ingrid Lundquist Staging Manager Patricia Brooks TV Stage Flow Manager Annette Jennings Staging Manager Jim Becker Staging Manager Gail Stewart TV Stage Manager Page 5 of 20 5.6 California Labor Code Requirements. A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Page 6 of 20 Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 9. ENFORCEMENT OF AGREEMENT Page 7 of 20 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Page 8 of 20 10.3 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, and in executing this Agreement, Contractor certifies 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. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: Upbeat Parade Productions Attn: Ray Pulver, Owner 5320 Cedar Grove Circle San Jose, CA 95123 11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. Page 9 of 20 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] Page 10 of 20 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND UPBEAT PARADE PRODUCTIONS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _____________________________ By: _____________________________ Signature Signature (2nd signature required for Corporation) Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: _______ Item No. ________ APPROVED AS TO FORM: ATTEST: By: _____________________________ By: _____________________________ Jeffrey S. Ballinger, Brenda Pree City Attorney City Clerk APPROVED: By: _____________________________ Date: ____________________________ City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 10/5/2022 10/19/2022 09/29/2022 1W Page 11 of 20 EXHIBIT “A” CONTRACTOR’S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance Page 12 of 20 1.1 Scope: Generally, the scope of work consists of but is not limited to the following for each parade: (*please note that parade routes are subject to change and have not been decided yet and are therefore not available at this time). A. Festival of Lights Parade: The Contractor shall be responsible for furnishing all labor, materials, supplies and equipment necessary to organize, coordinate and produce the annual Festival of Lights parade pursuant to the requirements contained herein. The parade theme shall be determined by the City. The City estimates the cost of this work at $25,000 annually. The minimum production services required include, but are not limited to, the following: 1. Prepare, produce, mail (including postage), process and accept all parade applications. 2. Conduct recruitment of parade entries (not to exceed 90 entries). 3. Coordination of parade line-up. 4. Staging of parade on designated city streets. 5. Provide parade monitors per the designation 6. Coordination of post-stage parade dispersal. 7. Develop an online application process. 8. Coordinate with the TV broadcasting station prior to the parade and day of the parade. 9. Provide staffing for the broadcasting prior to, throughout and post the live broadcasting. 10. Develop a detailed timeline of parade activities. 11. Compile and edit entrant information and prepare scripts for the announcers 12. Meet with Special Event Planning Team (SEPT) monthly to review parade plans, and to take and follow direction on all safety related issues including Palm Springs Fire Department regulations for parade entries. Provide timely and accurate reports regarding the progress of the parade’s production at each monthly meeting, including a preliminary budget, schedule and list of entries participating (final list required no later than ten (10) days prior to parade date. 13. Provide a lineup, site map, event layout, staging plan, and route map to SEPT for approval at least thirty (30) days prior to the event. The SEPT shall give direction as to placement of the Palm Springs City Council, and any other City related entries, in the parade line-up. In the event of inclement weather, event production company may request an alternate date for the parade with express written approval by the City. Page 13 of 20 14. Responsible for obtaining all certificates of insurance and liability release forms from all parade entries, volunteers, sub-contractors, and vendors participating in the parade. 15. Maintain a Contract and accessible line of communication with the City staff and cooperate with the City and its representatives. 16. Recruit, hire, train, coordinate and supervise all volunteers and all their activities as required through SEPT review. Provide guidance, advice, and supervision for the adherence to the rules and regulations of the City to all parade participants. 17. As this is the City’s event, the company awarded the contract will coordinate with and obtain approval from the Office of the City Manager for all fundraising and sponsorship solicitation efforts. Furthermore, the terms and conditions of any fundraising and sponsorship revenue sharing shall be negotiated and incorporated into the contractual agreement between the parties. Proposers are encouraged to include in their submittal creative fundraising and sponsorship ideas as well as any additional parade activities and programs for both the spectators and entrants. 18. The production company is to review and get approval from the City of the recruitment plan for the entries and event staff. No marketing or promotion activities of the parade itself is permitted by the event production company. All such marketing efforts or event promotion activities of the parade will be handled directly by the city. 19. No vendors will be permitted along the parade route. 20. Event Production Company is required to provide complete staffing for all parade administrative, staging & dispersal activities (including pre-stage and post-stage). The City shall provide road-closure and public safety (police, fire, emergency medical) services and personnel only. Event Production Company is responsible for all application printing, production, processing, mailing, postage, parade entry signage, and any/all other costs associated with parade operation and production activities. 21. Recruit, hire, train and supervise 30-35 event staff to serve as parade marshals for the parade route. Parade marshals are to monitor the contingents along the route to ensure a steady and forward moving parade pace. Parade Marshals are to gently enforce parade rules as they apply to each contingent. 22. The City shall be responsible for ordering and placement of the portable restrooms. 23. Provide at least one (1) workshop that covers both float building and parade entertainment. 24. Attend and present at the pre-parade safety meeting. 25. Recruitment of participants and parade entertainers. 26. The City’s Special Events Manager shall be responsible for notifying all property and business owners along the route of the parade concerning the anticipated date, time, and length of any street closure. 27. Prepare a final post event report including appropriate oversight documentation, record keeping of all expenses, including budgets, contract bids, requests, and billing. Page 14 of 20 28. The parade requires that all floats, walkers, vehicles, equestrian units be lit with colored or white lights. (Only exception - Marine Corps Combat Center Band - they are not permitted to have any lights or decorations on their uniforms). No candy or trinkets may be thrown from any parade entry, nor may they be distributed walking alongside a parade entry. The production company is responsible for collecting a copy of a valid driver's license, proof of insurance and current registration from all automotive entries in the parade. All parade entries must have a holiday design. B. Veterans Day Parade: The special event production company awarded this contract shall be responsible for furnishing all labor, materials, supplies and equipment necessary to organize, coordinate and produce the annual Veterans Day parade pursuant to the requirements contained herein. The parade theme shall be determined by the City. The city estimates the cost of this work at $10,000 annually. Note that this is a Request for Proposals, not a “low-bid” solicitation, therefore price is not the sole determining factor and will be negotiated between the city and the successful production company. The minimum production services required include, but are not limited to, the following: 1. Develop a detailed timeline of parade activities. 2. Develop an online application process. 3. Conduct recruitment of parade entries (not-to-exceed a total 50 approved entries); 4. Prepare, produce, mail (including postage), process and evaluate all parade applications. 5. Coordination of parade line-up. 6. Compile and edit entrant information and prepare scripts for the announcers. 7. Staging of parade on designated city streets. 8. Provide parade monitors 9. Coordination of post-stage parade dispersal. 10. Recruit, hire, train, coordinate and supervise all volunteers and all their activities as required through SEPT. 11. Recruit, hire, train and supervise ten (15) event staff to serve as parade monitors along the parade route to ensure a steady and forward pace. 12. Coordinate with the TV broadcasting station prior to the parade and day of the parade. 13. Provide staffing for the broadcasting prior to, throughout and post the live broadcasting. 14. The City’s Special Events Manager shall be responsible for notifying all property and business owners along the route of the parade concerning the anticipated date, time, and length of any street closure. Page 15 of 20 15. The production company is responsible for collecting a copy of a valid driver's license, proof of insurance and current registration from all automotive entries in the parade. 16. Prepare a final post event report including appropriate oversight documentation, record keeping of all expenses, including budgets, contract bids, requests and billing. 1.2 Schedule: Work will begin upon issuance of a Notice to Proceed and continue for three years with two one-year renewal options. 1.3 Compensation: Work will be compensated on a lumpsum basis for each parade. Contract pricing includes all labor, administrative, clerical, communications, travel, equipment, production, and any/all other costs, including any “special costs”, associated with the scope of work and production of each parade as defined herein. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. Pricing per parade as follows: DESCRIPTION TOTAL Veterans Day Parade Include a detailed cost breakdown scope element, including all labor, administrative, clerical, communications, travel, equipment, production, and any/all other costs, including any “special costs”, associated with the scope of work to produce the Veterans Day Parade. $ 17,000.00 Festival of Lights Parade Include a detailed cost breakdown scope element, including all labor, administrative, clerical, communications, travel, equipment, production, and any/all other costs, including any “special costs”, associated with the scope of work to produce the Festival of Lights Parade. $ 32,000.00 Grand Total per year for One or Both parades $49,000.00 *Additional Service Pricing: Page 16 of 20 Staff: Rate: Producer 7,500.00 – 20,000.00 Office Staff Parade Day Teem members: Lead Assembly Team 750.00 – 1,400.00 Assembly Team 1,000.00 – 2,000.00 Dispersal Team 250.00 – 500.00 Per Diems for All Staff 700.00 – 1,800.00 Travel: Car Rentals 300.00 – 1,000.00 Staff Airfares 1,000.00 – 3,000.00 Staff Hotel 1,000.00 – 4,000.00 Administrative: Parade Day & Office Supplies 250.00 – 1,000.00 Postage/Shipping 250.00 Photocopying 300.00 Insurance 1,500.00 Miscellaneous Costs: 1,000.00 *Pricing depends on the size and scope of the parade *Rates above are for costs associated with other parades/events outside of the scope of work outlined in this agreement and are subject to the terms and conditions of this agreement. NOTE: CPI PRICE ADJUSTMENT: The contract price shall remain fixed for the first 3 years and may be adjusted annually on the anniversary date in Optional year 1 and Optional year 2, if exercised and at the sole discretion of the City. The payment adjustment will be adjusted upward or downward by the same percentage increase or decrease, occurring during the previous twelve months, in the consumer price index for all urban consumers (CPI-U) for the LA/Riverside/Orange County (published by the Bureau of Labor Statistics, U.S. Department of Labor), or applying a similar index if the CPI-U is not published or available. Page 17 of 20 EXHIBIT “B” INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) Page 18 of 20 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: _________ required ___x_____ is not required; 4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage Page 19 of 20 with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with Page 20 of 20 authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certifi cate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certifi cate does not confer rights to the certifi cate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (A/C, NO, EXT): FAX (A/C, NO): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDTL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea Occurrence)$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN’L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ POLICY PROJECT LOC PRODUCTS - COMP/OP AGG $ OTHER:$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)$ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WORKERS COMPENSATION AND EMPLOYERS ‘ LIABILITY N/A PER STATUTE OTHER $ ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) 31-1769 11-15 Monterey Laurrie Pike(962135A) 498 Pearl St Ste 2 831-373-2925 06/09/2022 831-373-2001 lpike@farmersagent.comCA93940-3078 Catlin Specialty Insurance State Fund Upbeat Parade Production 5320 Cedar Grove Cir. San Jose, CA 95123 A 1,000,000 100,000 5,000 Y 1,000,000 2,000,000 CPV00043836 06/13/2022 06/13/2023 Included B 9147186 1,000,000 1,000,000 1,000,000 The City of Palm Springs, its officials, employees, and agents are named as an additional insured The City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 11/23/202311/23/2022 Y Y Maurisa Osorio To: City of Palm Springs From: Ray Pulver, Upbeat Parade Productions Date: June 8, 2022 RE: Auto Insurance Waiver This is a request to waive the Automobile Liability Insurance request by the city. As a consultant, producer, my vehicle is not a commercial owned vehicle. It is privately owned and insured under my name. Work done for the parade is on city streets. Thank you for your consideration. Ray Pulver Upbeat Parade Productions, LLC 5320 Cedar Grove Circle San Jose, CA. 95123 408-629-2520 CITY COUNCIL STAFF REPORT DATE: SEPTEMBER 29, 2022 CONSENT CALENDAR SUBJECT: APPROVAL OF A THREE-YEAR SERVICE AGREEMENT WITH UPBEAT PARADE PRODUCTION LLC, IN THE AMOUNT OF $147,000 FOR THE PRODUCTION OF THE VETERANS DAY PARADE AND THE FESTIVAL OF LIGHTS PARADE TO COVER SPECIAL EVENTS HELD IN 2022-2024 FROM: Teresa Gallavan, Interim City Manager BY: Jasmine Sullivan-Waits, Manager SUMMARY: The Parks & Recreation Department helps manage the City of Palm Springs’ special events programs to bring a variety of events to the City each year, ranging from small community gatherings to major parades. This agenda item will authorize a (3) three-year service agreement for professional event production services in support of two (2) different parades – the Palm Springs Veterans Day Parade and the Palm Springs Festival of Lights Parade – for the parades held over three calendar years: 2022, 2023, and 2024 (budgeted as fiscal years 2023 through 2025). RECOMMENDATION: 1. Approve a three-year service agreement (Agreement No. 9152) to Upbeat Parade Production, LLC, a California corporation, in the amount of $147,000 (Attachment A). 2. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: The Public Integrity Disclosure Form from Upbeat Parade Productions, LLC is included as Attachment B. BACKGROUND: Veterans Day Parade One of the City’s longstanding community events, the annual Palm Springs Veterans Day Parade and Concert focuses on honoring both Veterans and organizations that support Veterans. The upcoming parade on November 10, 2022, will mark the 25th anniversary City Council Staff Report September 29, 2022 -- Page 2 Award of Contract for Parade Production Services of the parade. The 2022 event will feature an opening ceremony on the main stage with a special flyover provided by the Palm Springs Air Museum and other organizations to kick off the parade, followed by the traditional street parade filled with Coachella Valley’s most honored Veterans. Following the street parade, a live concert will be held on the main stage, performed by the Palm Springs High School Spirit of the Sands Band. The event will be concluded with a fireworks show. The City of Palm Springs has also been recognized as a Regional Site for observance of Veterans Day for a 12th consecutive year by the U.S Department of Veterans Affairs. Festival of Lights Parade The Palm Springs Festival of Lights Parade is an annual signature holiday event. The upcoming parade on December 3, 2022, will mark the 30th anniversary. The event is traditionally held on the first Saturday of December as a kick-off to the holiday season. For the past 29 years, it has been recognized as one of the region’s most popular events. Known to both visitors and residents as an adored holiday tradition, it is an opportunity to celebrate the holiday season while creating a unique experience for visitors and a powerful economic generator for the region. The parade hosts marching bands from all over California, Nevada, and Arizona, and features large-scale helium balloons, floats, various performance groups, and special guests such as Peppa Big, Curious George, and Santa and Mrs. Claus. Summary Each year these two beloved community parades, Veterans Day and Festival of Lights, bring over 100,000 people to downtown Palm Springs and position Palm Springs as a signature destination. Under this event production agreement, the parade contractor will be responsible for providing labor, materials, supplies and equipment necessary to produce the pre-parade staging and live broadcasting staging portion of each parade. The contractor will work in coordination with the City’s Special Events Planning Team (SEPT) on all safety related issues, as required. The event production services are fully outlined in Attachment A. STAFF ANALYSIS: The City’s Procurement Department, working with Parks & Recreation staff, issued a Request for Proposals (RFP 14-22) on February 23, 2022, which was also advertised in the local newspaper and posted on the PlanetBids electronic bidding website. In prior years, the City has awarded separate contracts for this service to two different firms; this year only one firm submitted a proposal. This proposal was evaluated against the criteria listed in the RFP and was determined to meet the needs of the City. The evaluation criteria included experience of the firm, experience of the staff and understanding of the scope of work, local preference, and cost. After review and analysis by the evaluation committee, consisting of staff from the Recreation and Facilities Departments, Upbeat Parade Productions was selected for recommendation of award for a three-year contract. Upbeat Parade Productions has performed parade production services for the Festival of City Council Staff Report September 29, 2022 -- Page 3 Award of Contract for Parade Production Services Lights parade for over five years and has extensive experience with the City of Palm Springs’ event needs. ENVIRONMENTAL ASSESSMENT: The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. ALIGNMENT WITH STRATEGIC PLANNING: This requested action aligns with City Council Priority 1 – Quality of Life. FISCAL IMPACT: The total funds associated with this event production agreement are $147,000 for a three- year period. Fiscal Year 2022 parade expenditures, in the amount of $49,000, are budgeted in the Parks & Recreation Department. Expenditures for future fiscal years will be budgeted as part of the City’s annual budgeting process. The breakdown is as follows: EVENT NAME / DATE 2022 2023 2024 3-YEAR TOTAL Veterans Day Parade $17,000 $17,000 $17,000 $51,000 Festival of Lights $32,000 $32,000 $32,000 $96,000 Agreement Grand total $147,000 REVIEWED BY: Special Events Manager: Jasmine Waits Department Director Yvonne Wise Procurement Manager Kim Baker Interim City Manager: Teresa Gallavan ATTACHMENTS: A. Attachment A: Service Agreement A9152 B. Attachment B: Public Integrity Disclosure Form