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HomeMy WebLinkAboutA9272 - GREATER PALM SPRINGS PRIDECONTRACT ABSTRACT r�6k411 Contract Company Name: Greater Palm Springs Pride Company Contact: Ron Deharte Summary of Services: Palm Springs Pride Production Contract Price: $125,000 per event Funding Source: 1002530-50127 Contract Term: Effective Date — July 1, 2022- June 30, 2027 Munis Contract Number: Contract Administration Lead Department: Contract Administrator: Parks and Recreation Jasmine Sullivan -Waits Contract Approvals Council/ Community Redevelopment Agency Approval Date: June 16, 2022 Agenda Item No./ Resolution No.: Item 1.H Agreement No: A9272 Contract Compliance Exhibits: Signatures: Insurance: Bonds COMPLETED COMPLETED COMPLETED N/A Contract prepared by: Jasmine Sullivan -Waits Submitted on: By: Jasmine Sullivan -Waits AGREEMENT FOR EVENT PROMOTION PRIDE FESTIVAL AND PARADE This Agreement governed by the laws of the State of California is made and entered into this 2nd day of November, 2022, by and between the City of Palm Springs, a municipal corporation, (hereinafter called "City") and Greater Palm Springs Pride, Inc., a California nonprofit public benefit corporation, (hereinafter called "Promoter"). RECITALS WHEREAS, the City Council recognizes the intrinsic value of cultural and promotional events and the role they play in enhancing and expanding the economic vitality and image of the City; WHEREAS, the City Council provides funding assistance to eligible organizations for the purpose of providing cultural and promotional events and/or activities that generally benefit the community; WHEREAS, The Palm Springs Pride Festival is a significant, free, cultural tourism economic engine. Our vibrant LGBTQ community, allies, and visitors from around the world relish the inclusivity of Pride Week in Palm Springs; WHEREAS, The City Council finds that the occurrence of the Palm Springs Pride Festival advances the welfare of the City's residents, businesses, and visitors, and does not find efficiency in, or necessity for an annual re - visitation of the Agreement; WHEREAS, Greater Palm Springs Pride has organized, managed, and produced the annual Palm Springs Pride event in November of each year since 1999, and is comfortable making a commitment to continue doing so through multiple years, WHEREAS, Promoter is a California nonprofit public benefit corporation authorized to engage in charitable and educational activities as well as those activities permitted to be carried out by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code and under Section 170(b)(1) of the Internal Revenue Code, WHEREAS, Promoter needs financial assistance to produce this Greater Palm Springs Pride Festival and Parade and has requested City sponsorship; WHEREAS, the City Council has determined that sponsorship of the Greater Palm Springs Pride Festival would be of public benefit. 55575. 19100A40053601.1 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. EVENT DATE AND LOCATION 1.1 Promoter shall organize, manage, and produce the Greater Palm Springs Pride Festival and Parade (including block party) as generally described in Exhibit "A" attached hereto and incorporated herein by this reference and subject to annual approval by the City Manager. 1.2 The Event shall be held annually on the first full weekend in November. In the event of inclement weather beyond the Promoter's control, or other event that, in the City's discretion, necessitates moving the Event, a mutually agreed alternate date may be scheduled for the Event on the same terms and under this Agreement. In no event shall an alternate date be set without the express written approval of City. 2. PRESENTING SPONSOR The parties hereby agree that the City shall be named a presenting sponsor of the Event. No other municipal sponsor shall appear in the title or promotional materials of the Event. 2.1 The City shall be positioned as Presenting Sponsor in event advertising. 2.2 The City shall receive three (3) complimentary 10'x10' booths at the Event. 2.3 The City shall receive Parade entries (vehicles) for Mayor (1) and all City Council members (4) participating in the annual parade. The City shall receive (2) additional parade entries into the annual parade. 3. SPONSORSHIP TERMS FOR THE CITY 3.1 To produce the Event, the City shall provide Promoter financial consideration of One hundred and twenty-five thousand dollars ($125,000) annually. The contribution will be an offset against City's cost and expenses in facilitating and hosting the Event and to allow the Promoter to defray non -city costs of the Event. The City's cost and expenses include, without limitation, costs for police, fire, downtown maintenance, street maintenance and other department services related to the Event. Costs shall also, include requirements provided of the Special Events Planning Team (SEPT) such as city permit fees, AMR Services, security, event 5ii75. 18100:40053601. 1 _ 2 services or other production services related to the Event. To the extent reasonable, any costs projected to exceed the credit provided will be reviewed with the Promoter ahead of time and must be mutually agreed to between the City and the Promoter. The City will provide Promoter with a detailed breakdown of any costs charged. 3.2 Promoter shall be responsible for paying the balance of those staffing costs identified in Exhibit "B" within fourteen (14) working days of the Event's close, but no later than the last Friday in November. 3.3 PROMOTER will provide a post EVENT report to the CITY's representative sixty (60) days following the close of the EVENT. At a minimum, this report should include, but is not limited to, the number of attendees, publicity received, final costs to produce the EVENT, and specific uses of the City's funding. 4. PRODUCTION SERVICES TO BE PROVIDED BY PROMOTER As the producer of the Event, Promoter shall provide production services, including, but not limited to, the following and shall accept all financial responsibility for such services: 4.1 The Event must comply with any applicable endemic or pandemic State, County and City health rules in effect at the time of the event. 4.2 The Promoter is responsible to ensure all staff and attendees comply with the State's guidance requiring social distancing and the use of face coverings. 4.3 Securing the necessary venues for the Event and related activities, including the VIP Party, and other possible special attractions as approved by City. 4.4 Developing and submitting a schedule and list of entries participating in Event to SEPT at least fourteen (14) days prior to Event; 4.5 Coordinating the routing and staging of Event with SEPT; 4.6 Contracting and paying for all service vendors and technical support, including, but not limited to, sound, including a public address system, lighting (if applicable), canopies, tents, bleachers, and security services at related activities described in Section 4.1. Sv7i. 18100'40053601. 1 _ 3 _ 4.7 Recruiting, coordinating and supervising volunteers and all their activities in coordination with SEPT. 4.8 Obtaining certificates of insurance and liability release forms from all entries, volunteers and vendors participating in Event. 4.9 Promoter shall be responsible for all promotional activities related to the Event, such as: a. Preparing press releases and marketing materials to promote the Event. City logo to be included in all printed promotional materials. b. Coordinating with the Palm Springs Bureau of Tourism to promote Event. c. Promoting Event through personal appearances and/or the distribution of collateral materials. 5. CONTRIBUTION AND SUPPORT SERVICES PROVIDED BY CITY 5.1 City agrees to provide all necessary public services, including, but not limited to, police services, emergency medical services, street maintenance services and other public services as may be deemed appropriate by SEPT, to produce Event. The total cost for such services shall be as provided in Exhibit "B" to this Agreement, except where an event described in Section 6.4 occurs. shall advice Promoter at least seven (7) working days in advance of Event re specifics of the public services to be provided. City Manager will approve necessary public services on an annual basis. 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. 53 City agrees to make available to Promoter the City's portable stage and entertainment unit known as the "Showmobile." 5.4 City agrees to make available to Promoter a minimum of 130 and up to 200 and castle banner locations and a minimum of one downtown street banner location at the Plaza Theatre. Promoter to provide all banners for the City to display. 5.5 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. ;1S7 .18100 10053601.1 _ 4 _ 6. TERM OF AGREEMENT 6.1 AGREEMENT PERIOD. The effective date of this five (5) year Agreement shall be July 1, 2022 through June 30, 2027. Any covenant, term or provision of this Agreement, which, in order to be effective, must survive the termination of this Agreement shall survive any such termination. 6.2 BREACH OF AGREEMENT. Any material deviation by Promoter for any reason from the requirements hereof, or from any other provision of this Agreement, shall constitute a breach of this Agreement and may be cause for termination at the election of City. City may terminate this Agreement for cause by giving ten (10) days' Written notice to Promoter. In the event of termination by whatever means, City reserves the right to waive any and all breaches of this Agreement, and any such waiver shall not be deemed a waiver of all previous or subsequent breaches. In the event City chooses to waive a particular breach of this Agreement, it may condition same on payment by Promoter of actual damages occasioned by such breach of Agreement and shall make every effort to resolve the same quickly and amicably. 6.3 AGREEMENT TERMINATION. In the event Promoter is unable to fulfill its responsibilities under this Agreement for any reason whatsoever, including circumstances beyond its control, City may terminate this Agreement in whole or in part in the same manner as for breach hereof and be entitled to the same rights on termination. 6.4 REIMBURSEMENT. All amounts paid to Promoter or costs incurred by City in excess of the amount specified in Section 5.1 of this Agreement shall be subject to reimbursement upon the occurrence of any of the following events: a. Promoter loses its tax-exempt status under Section 501 (c) (4) and 170 (c) (2) of the Internal Revenue Code; or b. The dissolution of Promoter; or C. Promoter terminates or attempts to terminate this Agreement for any reason other than City's failure to make payments as provided hereunder; or d. Promoter fails to fulfill the responsibilities, duties, and obligations set forth herein. i557i IRI00400i3601. 1 _ 5 _ 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 without limitation the provision of benefits, relating to nondiscrimination in city contracting. 7.4 Political Use/Lobbing. 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 55575.18100\40053601.1 _ 6 _ 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 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 55575.18100\40053601.1 -7- 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. 8. GENERAL PROVISIONS 8.1 INSPECTION. City shall have the right to inspect all production services and promoter records arising from and related to this Agreement. 8.2 COMPLETE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This Agreement supersedes all previous agreements, if any, between the parties. 8.3 AMENDMENTS. Any alterations, variations, modifications or waivers of provisions to this Agreement shall be valid only when reduced to writing duly signed and attached to the original of this Agreement. 8.4 City Representation. Promoter shall work closely with the City's Special Events Manager, who shall be designated the "Liaison Representative of City." Promoter principals shall provide regular updates to the Liaison Representative of City to keep the City currently advised on the status of the Event. 8.5 Compliance with Laws. Promoter shall comply with all applicable federal, state, and local laws, ordinances and regulations. 8.6 Standard of Care. City relies upon the professional ability of Promoter as a material inducement to entering into this Agreement. Promoter agrees to use reasonable care and diligence in rendering services under this Agreement. Promoter agrees that the acceptance of its work by City shall not operate as a waiver or release of said obligation of Promoter. The absence, omission, or failure to include in this Agreement, items which are normally 55575.18100\40053601.1 _ $ _ considered to be a part of generally accepted professional procedure or which involve professional judgment shall not be used as a basis for submission of inadequate work or incomplete performance. 8.7 Demand for Assurance. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and until he/she receives such assurance may, if commercially reasonable, suspend any performance for which the agreed return has not been received. "Commercially reasonable" includes not only the conduct of a party with respect to performance under this Agreement but also conduct with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceeding ten (10) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service, or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. 8.8 Third 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. 8.9 NOTICES. Communications among the parties hereto shall be addressed as follows: PROMOTER: GREATER PALM SPRINGS PRIDE, INC. Ron deHarte, President & CEO 329 W. Mariscal Rd. Palm Springs, CA 92262 Tel: (760) 416-8711 - FAX (760) 323-8704 CITY: CITY OF PALM SPRINGS Justin Clifton, City Manager P.O. Box 2743 Palm Springs, CA 92262 Tel: (760) 322-8336 - FAX (760) 323-8207 8.10 CITY REPRESENTATION. Promoter shall work closely with the City's Special Events Manager, who shall be designated the "Liaison Representative of City." Promoter principals shall provide 55575.1810040053601.1 - 9 - regular updates to the Liaison Representative of City to keep the City currently advised on the status of the Event. 8.11 COMPLIANCE WITH LAWS. Promoter shall comply with all applicable federal, state, and local laws, ordinances and regulations. [SIGNATURE BLOCK NEXT PAGE] iii7518100400i3601. 1 -10- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above As to Form: CITY OF PALM SPRINGS a municipal corporation By: 4 By: ( J[C CXGCti ty Attefiney City Manager ATTEST: By:E'�" 7 �� City Clerk (This Agreement must be signed in the above space by one of the following: Chairman of the Board, President or any Vice President) APPR0IM SY MY CO Ul4q, 6-162zr+iYAYz7z ,hip _Corporation State of County of F ss before me, c. pesonally V _��_tG appeared personally known tome (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official )seal. Notary Signature: Notary Seal: spcwr PAS] uata y Public - Glifemfa ■■ Rlvmlde [aunty S cammissioa 9 2298347 OTr. Envn Pu i�. 201fi Signature (notarized) Name: This Agreement must be signed in the above space by one of the following: Secretary, Chief Financial Officer or any Assistant Treasurer) State of _ County of On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Notary Seal: 55575.18100A40051601.1 11- Exhibit "A" SCOPE OF SERVICES Greater Palm Springs Pride, Inc. shall organize, manage, and produce the Greater Palm Springs Pride Festival, Parade and Festivities for the City of Palm Springs the first weekend of November during the term of this Agreement. Production of the Event will include, but is not limited to, the following: 1. Promoter shall be responsible for organizing, planning, managing, coordinator, staging and otherwise producing the Event on November 4- November 6, 2022 in Downtown Palm Springs ("Downtown"). 2. Promoter shall be responsible for developing the schedule of activities, site map and Event layout to the satisfaction and requirements of the Special Events Planning Team (SEPT). 3. Promoter shall begin the setup on Palm Canyon Drive between the blocks of Amado Rd. and Baristo Rd. starting Thursday evening after the completion of VillageFest. The closure shall include Museum Way from Museum Drive — Palm Canyon Drive & Belardo Road from Tahquitz Canyon - Andreas Rd. and Andreas Road from Palm Canyon — Belardo Road. The before mention streets shall not reopen after the VillageFest closure. Load in begins October 31 on Museum Way between Museum Drive and Belardo Road at 7:00 a.m. Promoter shall have access to various side streets and parking lots for event production, approved by SEPT. Arenas Road between Indian Canyon Drive and Calle Encila Road will be closed Friday November 4 at 3:00 a.m. and reopen no later than Monday November 7 at 3:30 a.m. 4. The Promoter shall work with city staff to ensure the entertainment throughout the event is not directly obstructing any business from conducting their business in a reasonable manner. Entertainment shall only be allowed during Event hours, excluding sounds checks as represented on the Event timeline submitted to SEPT. 5. Promoter shall be responsible for all onsite security through the use of a qualified security company approved by the Palm Springs Police Department and all volunteer or paid staff as needed to man and stage the Event as required by SEPT review. 55i7s 18100\40053601.1 - 13 - 6. All electrical and lighting required to stage the Event in Downtown shall be the responsibility of the Promoter. City shall provide electrician to facilitate hookup to city power in the Downtown, if needed. 7. All amplified sound equipment and lighting shall be directed away from all merchants, restaurants and neighborhoods, unless approved by SEPT. Promoter agrees to work with staff on noise levels at the event, if needed 8. All trash pickup throughout the Event site shall be the responsibility of the Promoter with the assistance of City staff, as requested. Promoter shall be responsible for making the necessary arrangements for onsite trash dumpsters for disposal. Promoter shall handle all cleaning of restrooms. 9. Dumpsters shall be placed in locations approved by SEPT. Promoter shall provide recycling containers for the Event 10. Promoter shall be responsible for designating bike rack locations in the event space and promoting on pspride.org places bike racks will be located. 11. All food vendor applications shall be submitted to Riverside County Department of Environmental Health no later than fourteen (14) working days prior to Event. All food vendors shall be required to comply with Riverside County Environmental Health Codes for the Event. All food vendors shall be required to have the appropriate fire extinguisher for their product in their booths at all times. 12. All vendors shall be required to have the appropriate City business licenses as determined through the SEPT review process. All vendors shall provide a copy of their state issued sellers permits. Business licenses must be displayed on or within vendor booths throughout the Event. VillageFest licenses are not considered acceptable as a City business license. All vendor permits must be submitted no later than seven (7) working days prior to the Event for non-food vendors. 13. All beer gardens or locations dispensing alcohol shall be constructed, maintained and monitored in accordance with a pre -approved plan by the City's Police Department and under the laws and regulations of the State of California as required by Alcohol Beverage Control (ABC). 14. Pre -stage on Palm Canyon shall begin at 6:00 a.m. from Vista Chino to Tachevah Drive. All floats must be in the pre -stage area no later than 9:00 a.m. 55575.18100\40053601.1 -14- 15. Parade Route on Palm Canyon will close at 9:00 a.m. from Tachevah Rd- Amado Rd. and reopen no later than 2:00 p.m. 16. Promoter shall provide a parade route to be approved by SEPT. Promoter shall coordinate staging and lineup of all parade entries. Post - stage traffic direction will be coordinated by Promoter as approved by SEPT. 17. All floats in the parade shall be required to have a fire extinguisher as determined during the SEPT review process. 18. No Parade participants shall leave any items or debris on city streets. If any debris is found the Promoter will be responsible for the cost of additional cleaning required. 19. Promoter shall provide portable toilets at various locations along the parade route as may be approved by the City. Promoter shall obtain permission of the property owners for placement on private property. 20. Promoter shall provide sign language interpretation at a review stand along the parade route. 21. Promoter shall work directly with SEPT to designate ADA parking for the Palm Springs Pride Festival and Parade. 22. Promoter shall be responsible for all notifications to residents, merchants and hoteliers as designated by the Manager of the Office of Neighborhoods. 23. Promoter shall ensure all Event vendors are in compliance with the Downtown vendor regulations. 24. Promoter shall provide enough volunteers or private security as requested by Palm Springs Police. 25. Promoter shall work directly with the Special Events Police Sergeant on designated locations for private security to be located to help deter alcohol from exiting the open-air, non -fenced event zone as designated by the department of Alcohol and Beverage Control. FIRE DEPARTMENT CONDITIONS FID 1 Fire Department Fees — A $793.00 fee (Operational Permit + FBRx3 hours) is required at the time of submittal for site -plan review and site compliance inspection. These fees are established by resolution of the Palm Springs City Council and are included in Section 3.1 of this Agreement. �75 18100A40053601_1 - 15 - FID 2 Site Plan —Aerial site plan (Google Map overlay) shall be submitted to the Fire Department in PDF format. Information shall include: Event name and date(s); dimensions of enclosure, booths, bars, tents, stages, beer trailers, etc.; expected number of attendees; vendor booth locations; identification of any cooking booths using open flame devices; fences; exits. FID 3 Fire Apparatus Access Roads — (public streets, private streets, parking lot lanes and access roadways) shall not be obstructed in any manner including the parking of vehicles that will reduce the fire department access road to a width of less than 20 feet. Provide for aerial access for The Rowan Hotel on both the north and west sides. FID 4 Fire Hydrants — No person shall stop, park, or leave standing any vehicle, or place a vendor booth/display, within 15 feet (7.5 feet on either side) of a fire hydrant. FID 5 Parade Floats — Floats are subject to inspection by the Palm Springs Fire Department • Decorative materials on parade floats shall be non-combustible or flame retardant. • Combustible Clearance. A 12" minimum clearance of decorative materials shall be maintained around vehicle and/or generator exhaust pipe(s). • Motorized parade floats and towing apparatus shall be provided with a minimum 2A- 10B:C rated portable fire extinguisher readily accessible to the operator. • Portable generators shall be secured from tipping and subject to approval by the fire code official. Fuel cans are prohibited in vehicles, floats and trailers. FID 6 Food Vendors — All food vendors utilizing open flame cooking devices (grills, barbeques, stoves, ovens, woks, kettles, deep -fryers, etc., shall be required to have the appropriate fire extinguisher with a current State Fire Marshal service tag attached (serviced within the past 12 months). A 2A-10B:C minimum rated dry chemical fire extinguisher is required. In addition, any food vendor that deep-fry's food or uses solid fuel for cooking such as charcoal, wood, etc. shall have a "Class K" UL rated 2A:K wet chemical fire extinguisher. FID 7 All Vendors — Vendors utilizing open flame devices (LPG heaters, candles, etc.), shall be required to have the appropriate fire extinguisher with a current State Fire Marshal service tag attached (serviced within the past 12 months). A 2A-10B:C minimum rated dry chemical fire extinguisher is required. 55575.18100\40053601.1 - 16 - FID 8 Tent Permits — An operational permit is required for all temporary tents and membrane structures in excess of 400 square feet. Tent conditions provided at the time of permit application. Tent permits to be secured by the tent supplier and to have a representative on site for the tent inspections. FID 9 Fire Department Standby — Two (2) PSFD personnel shall be required on site during the event hours for life safety standby. One (1) PSFD engine company with a crew of three shall be required for six hours stationed on the west side of Palm Canyon Drive to include the hours of the parade. One (1) person shall be required at the command post for the parade. One (1) fire department representative shall be at the parade pre -meeting to discuss parade float and safety requirements. Promoter is responsible for actual costs billed at the fully burdened rate of the personnel assigned. 55575.18100\40053601.1 - 17 - I� I:It:���e� SCHEDULE OF COMPENSATION AND DESCRIPTION OF CITY SERVICE COSTS Cost Estimate for City Employee Costs and Equipment Rental for Venue Parks/Downtown Division estimate $ 10,000.00 Public Works Department estimate $ 25,000.00 Fire Department estimate (including permit fees) $ 11,000.00 Special Events Staff estimate $ 8,000.00 Police Department estimate $ 69,000.00 Private Security $ 35 000.00 SUBTOTAL $ 168100.00 City In -Kind Sponsorship 125,000.00 Estimated Balance Due from Promoter $ 43,100.00 City agrees to waive the per -space rental cost for the use of the Showmobile for the duration of the Event. The City will contribute One Hundred and Twenty-five Thousand Dollars ($125,000) for City services. Greater Palm Springs PRIDE is required to pay for all services above and beyond the City's contribution detailed in Section 3.1 of this Agreement, and as determined by the SEPT review process and outlined in Exhibit "B". Payment of fifty percent (50%) of the total estimated remaining costs for City services is required at least fourteen (14) days in advance of the Event or immediately upon conclusion of the final SEPT meeting prior to the Event, whichever is later. The remaining cost of services is due within fourteen (14) working days following the conclusion of the Event. 55575.18100\40053601.1 - 18 - Exhibit "C" INSURANCE REQUIREMENTS INSURANCE. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of the Agreement, including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage, including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Workers' Compensation Insurance. A policy of workers' compensation insurance in any amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. (c) Business Automobile Insurance: A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. The Business Automobile Insurance shall name the City, its officers, employees, and agents as additional insured. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements or binders are approved by the City. The contractor agrees that the provisions of contained herein shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section. 5 5575.18 1 00\4005360 1. 1 -19- GREAPAL-01 CERTIFICATE OF LIABILITY INSURANCE I D10/13/202 YYI 10l13/2022 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 certificate holder is an ADDITIONAL INSURED, the policy(les) 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 PRODUCER Kaliff Insurance 2009 N.W. Military Hwy San Antonio, TX 78213 INSURED Greater Palm Springs Pride, Inc. 329 W. Mariscal Rd. Palm Springs, CA 92262 ,,1 (210) 829-7634 INSURER A: T.H.E. INSURER B' _ _..__ - ___ RFVIRIOAI NtIMRER: COVCKAGCS VIZIN THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH Ilrla OF PERTAIN, POLICIES. Alc-------------- INSURANCE LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN REDUCED ISSUED CONTRACT THE POLICIES BY TO THE INSURED OR OTHER DESCRIBED PAID CLAIMS. NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, wall A X TYPE OF INSURANCE COMMERCIALGENERrALLIIABILITY CLAIMS -MADE C OCCUR ADOL X SU X POLICY NUMBER CPP0107612-02 POLICYEA 9/4/2022 POLICY eXP 9MM23 LIMITS H RR MCC 11000,000 TO RENTED 100.000 W.p_FxPAIare wn PERSONAL a ADV IMMAMY 1,000,000 GENLAGGRE TE ppURMpFFAPPLES PER: X POLICY ECT LOO NERAL 2,000,001) PRODUCTS-C AGO E 11000r000 UgLial l /4.6/22 1,00000,0 A OTHER. AuromoslLe Lwe LlrY manna EEell LE UNIT� 1,000, UUU eooq INJURY E — ANYAUTO X PP0107612.02 914/2022 91412023 BRA Per WDMTJLED ALTOS ONLY M SONLY X AyUppµfOp8�0NNJLoY "�RY GE ZELPIGE UMBRELLA UAB OCCUR EACH QCCURREN99 EGATE E ERCEBSUAS CWMSfMDE DED I I RETENTIONS WORKERS COMPENSATION AND EMPLOYERS LIABILITY / ANY PROPRIETORn'ARTN=R/E%ECUTIVE (Mya�CR'Mfn NH�EXCLUDED? NIA PER OTH ER E.L EA HAC IDENT E.LD E-FA EMPL EL DISEASE -POLICY LIMIT DE SCRIPTI N OF balaw I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORO 101, Additional Remano, d,de, ma N attacNre d N mom a ce IS ngWroM ADDITIONAL INSURED WITH REPECTS TO INS�SCNaRED'S OPERATIONS AS CONTRACOALLY OBLIGAT ED: The City of Palm Springs, its officials, employees and agents are named as an additional insured for any and all work performed with the City as respects to specific contract. This insurance is primary and non-contributory over any insurance or self insurance the City may have as respects to specific contract. Should any of the above described policies be canceled before the expiration date, the issuing company will mail 30 days written notice to the certificate holder named. It is understood and agreed that the company waives the right of subrogation against the above additional insured(s), but only as respects to the job or premises described In the certificate attached hereto. SEE ATTACHED ACORD 101 The City of Palm Springs Dept. of Parks 8. Recreation 401 S. Pavilion Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORZED REPRESENTATIVE 140"kwti ACORD 25(2016/03) WJIBi UTD Awnu wrcrurcH I-vm-"I r,y,---"' -- The ACORD name and logo are registered marks of ACORD 7 AC©REY `64� AGENCY CUSTOMER ID: GREAPAL-01 TAN IFAN LOC e: ?T ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AppHCy tiff InsuranceGreater NAMED INSURED Palm Springs Pride, Inc. '329 W. Mariscal Rd. roucvNUMBER --�— 'Palm Springs, CA 92292 EE PAGE 1 CARRIER RAIC WDE LCTNEDATIL SEE PAGE 1 [SEE P 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: certificate Of LWblllry Insurance Description of Operations/Locations/Vehicles: Event: Greater Palm Springs Pride Event Dates: November 1 - 7, 2022 G 2008 All rights reserved. The ACORD name and logo are registered mart of ACORD COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Non contributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 0 Insurance Services Office,lnc., 2012 Page 1 of 1 POLICY NUMBER: CPP 0107612 02 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, BECAUSE OF A WRITTEN CONTRACT OR OTHER AGREEMENT THAT REQUIRES YOU TO ADD AS AN ADDITIONAL INSURED AND TO PROVIDE INSURANCE, BUT ONLY WITH RESPECTS TO "BODILY INJURY-, "PROPERTY DAMAGE" OR 'PERSONAL AND ADVERTISING INJURY^ CAUSED IN WHOLE OR IN PART, RESULTING FROM YOUR WORK OR OPERATIONS FOR THE ADDITIONAL INSURED, AS PERMITTED BY LAW. NO COVERAGE APPLIES TO LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE ADDITIONAL INSURED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A_ Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of thos e acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 ©Insurance Services Office,lnc., 2012 Page 1 of 1 POLICY NUMBER: CPP 0107612 02 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: " SEE BELOW The following is added to Paragraph 8, Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. .- ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, IN A WRITTEN CONTRACT OR OTHER AGREEMENT, THAT REQUIRES YOU TO PROVIDE INSURANCE AND WAIVE OR TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS, COVERAGE APPLIES EXCEPT WHERE SUCH CONTRACT OR OTHER AGREEMENT IS PROHIBITED BY LAW. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 11 of 1 TO: City of Palm Springs ATTN: City Clerk and Risk Manager SUBJECT. Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a ❑ sole proprietor ❑ partnership )j closely held corporation and do not have any employees whose employment requires me to carry workers' compensation insurance. Therefore, I do not carry workers' compensation insurance coverage. I further warrant that I understand the requirements of Section 3700, et seq., of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA and tax withholding and similar employment issues. I further agree to hold the City of Palm Springs harmless from loss or liability which may arise from the failure to comply ith any such I ws or regulations. Risk Management Approval: ontractor Signature Ron deHarte obo/ Greater Palm Springs Printed Name of Contractor October 24, 2022 Date Pride — -- eBallinger City Attorney November 1, 2022 Date