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Home My WebLink About9/5/2007 - STAFF REPORTS - 5.B. T.L1NdulgO - Palm Springs inro@innduige.�m httpJNww.innduige.com 601 Grenfall Road Palm Springs, CA 92264 September 2, 2007 Mr. Jack Schloeder President Palm Springs Pride 611 South Palm Canyon, PMB 7436 Palm Springs, CA 92264 via facsimile and US Mail Dear Jack, Just a quick note of thanks as we approach Palm Springs Pride 2007_ We are already sold out at our hotel for the Pride weekend. In fact, we have asked for a five night minimum stay, and already all the rooms are booked. Pride weekend has become the most profitable weekend of the year for INNdulge. Keep up the great work! As a twelve year resident and hotel owner in Palm Springs, I have watched the Pride celebration grow from a mostly local event to one that attracts thousands of out of town visitors to Palm Springs. All the hotels benefit, including both gay and mainstream hotels, rental homes, and timeshares. As I stated earlier, for many of us Pride Weekend has become our most profitable of the year. Not only are we full, we are able to command the highest rates of any period of the year. Thank you and the Pride Board of Directors for continuing to support tourism in Palm Springs. Sincerely, Xbhnilliams er 9/05 AR 00 7 Tel 760.327-1408 Fax 760,327.7273 Rsv 1.800.833.5675 � vv��Sv�69 --na n1 -QN] 7JD� S`��Slc*1 1ST c i-•o,.L-t{�Izro�rr� sl�-�,l cam. �31.53a37.n"�" rq Q'tno rtp n a 7�� 7tiS a r-dcJ 1rra� 1 sarl Z no lno�fi� -L-0Q d.-qZD -L'?Vd al 037;4 fir/ T -d zazseae �oFeW =s�a.,d$ wted dti =eo so so �Qr .Ian UG 05 03:41p Palm Springs Mayor H236262 p.2 r• lli DATE: December 28,2004 e" MEMO TO: My Manager FROM: Director of Finance&Treasurer RE; Economic Impact of 2004 Gay Pride Event Some weeks ago, Couneilmember Foal requested an analysis of the economic Impact of the 2004 Gay Pride event.Attached is a worksheet which shows the calculations. The estimated citywide economic impact was about$2.6 million,with additional tax revenue to the City just over 5100.000. The estimates are based primarily on the ticket said information provided by the eveM's promoter. Jack Schlaader. According to him,about 22,000 tickets were sold for the two-day event. If that number is accurate,the calculations based on it should produce reasonable estimates. For future events, 1 suggested to the promoter that he tolled some data from the attendees on where they're from,whether or not they'ro staying In a hotel In Palm Springs,for how many nights. etc. A response rate of just 1%or 2%(In this case,200 to 400 responses)would enable us to project the economic impact much mare accurately. I hope this is of some use. Please lot me know If there are any questions. 4 L n 7 fi CITY OF PALM SPRIN GS ❑ events ANALYSIS OF TAX AND ECONOMIC IMPACT 12r27104 40 Gay Pr1de Event 2004 I p Elescri (fart Factors Ecanomtc Ottect Tax � � 6enefl Benefit �° Namherof attendees(each da B ap0 � h Percenla eeti 'n In PS hotels 30% a N .e Avers a ten of eta in nl is S.W Peo le room Im u d Raom HI hts• 7206 a m rt Average di Ante ; 700.D0 z Hotel Rar al $ 7211000 TOT Colkctlorts ; B28t70 Al"gs n1,,g perda r n S io00 Retg9 Safes ; 1,926,000 Sales Txt 79200 N ry m N Totals ; 2,fr18,000 19 162,IXJ5 m of Thls ectinate Is bssedan he t cketmales of 22,B00 for the event itnir.and an estimated2sood to 30,IX]B le at tlsePoGlde.Tha svenrs romp w,Jack Echloeder catimated that 80%of the anamees wen foam out of Sown.f3esed on sake rleoce mbouthalt of the gftendeeswould have 0ayed N a Parm SPI a hoteL The Dme4aN estimates worm nol lade nderdl eerffled,atth h the PreLzma at a Amale 200 retell and sefvlo booths of the eventxvuld lend credmce So the eallmates. a OF PALM S F� City Council Staff Report DATE: September 5, 2007 New Business SUBJECT: PROMOTION AGREEMENT WITH GREATER PALM SPRINGS PRIDE FOR 2007 FESTIVAL AND PARADE FROM: David H. Ready, City Manager BY: Department of Parks and Recreation SUMMARY Greater Palm Springs Pride, Inc. has produced the Greater Palm Springs Pride Festival since 2000 in the Palm Springs Stadium. Over the last six years, the event has grown tremendously and is one or the largest events here in the Coachella Valley with over 30,000 participants. The 2007 festival will be held in Palm Springs Stadium on November 2, 3 and 4. The Palm Springs Pride parade will take place on Sunday, November 4, in downtown Palm Springs. Last year the City approved $10,000 of in-kind services for the event. Greater Palm Springs Pride has requested $17,500 of in-kind services to produce this year's festival and parade. RECOMMENDATION: 1. Approve an Agreement for Event Promotion with Greater Palm Springs Pride, Inc. in an amount not to exceed $10,000 to produce the 2007 Greater Palm Springs Pride Festival and Parade. STAFF ANALYSIS: Greater Palm Springs Pride, Inc. is a 501(c)(3) nonprofit public charity. The Palm Springs Pride Festival began many years ago as a picnic and has grown to be one of the largest and well-known events held in the Coachella Valley. The parade is a direct result of the growth of the festival and is the second largest parade held annually in downtown Palm Springs. This event is heavily supported by the Palm Springs Hotel Association. Each year, this event fills hotel rooms throughout the City with festival participants. According to the event organizer the Greater Palm Springs Pride Festival has generated an estimated $3 million in economic benefit to the City. Greater Palm Springs Pride helps support numerous community organizations by providing both complimentary booth space and advertising at the event. A list of those organizations is attached. Greater Palm Springs Pride carries promotional ITEM NO. City Council Staff Report September 5, 2007 2007 Palm Springs Pride Festival and Parade materials from the Bureau of Tourism to other Pride events and helps promote the City of Palm Springs as a tourist destination. The total cost of City services for the 2006 Pride Festival and Parade was $28,342. The City provided $10,000 of in-kind support to offset the cost to Greater Palm Springs Pride. This year, the cost of City services is estimated to be over $30,000. To help offset the costs for both the festival and parade Greater Palm Springs Pride has requested an additional $7,500 of in-kind support services from the City. This would bring the total amount of in-kind support to $17,500. FISCAL IMPACT: Estimated City costs for this year's event are $30,816. With a sponsorship of $10,000, Greater Palm Springs Pride will pay approximately $20,816 in City costs. Although Greater Palm Springs Pride has requested $17,500 of in-kind support from the City, staff is recommending $10,000. Funds are available in Account 112-2018-42691 in the Unallocated Council Priorities Special Events Budget. Sharon Heider, Director T o Butzlaff, i t"ant City Manager Parks and Recreation Department A istration r David Ready, City Ma ag _ r Attachments: 1. List of Organizations Receiving Financial Support 2. Agreement for Event Promotion - 2007 Greater Palm Springs Pride Festival and Parade 000002 Greater Palm Springs Pride, Inc Booth Camps and Discounts to Ws/organizations 06 Amount Front Facing Booth rental Comp's Single Sided booths Guide Dogs of the Desert -$1,050 00 Bloom in the Desert Ministries -$425.00 For the Children -$425 00 CA ST SD Palm Desert Campus -$425.00 PS Front Runners&Walkers -S425.00 Bienestar Human Services Inc -S425.00 Palm Springs Police Dept. -3425.00 Palm Springs Power Baseball Team -$425.00 Palm Springs Spiritual Enrichment Center -$425.00 Palm Springs Gay Softball League -S425.00 Women on A Roll -$425.00 Golden Ralnbow Senior Center -$425.00 Gay Associated Youth -$425.00 Los Angeles Police Department. -$400.00 Greater Palm Springs Rodeo Chapter -5280.04 Coachella Valley Couples. 4212.50 TOTAL single sided 47,042.54 Double Sided Booths Deily Ford Center -S100.00 Desert Pride Center -5525 00 Palm Springs Police Officers Assoc. -$1,050 00 Desert Women for Equality -$525.00 The Well in the Desert S450.00 Callfornia State Teachers Assn, -5525 00 Metropolitan Comm Church of CV -$267 50 Boots IN Squares -5525 00 Desert Medical Group -S525.00 TOTAL double sided -$3,592.50 Program Ads Celebrity Grand Marshall5850.00 Man of the Year -S650 00 Woman of the Year -$850 00 Working Wonders -S850 00 PS Front Runners&Walkers -S850.00 Desert Rainbow Foundation -5850.00 Temple Isaiah �S100.00 BIOneStar Hunan Sarvlces, Inc -$650 00 Team Greater Palm Springs -S600 00 Boots IN Squares -S600 00 Caldo�rnia State Teachers Assn, -S850 00 Greater Palm Springs Rodeo Chapter -$600 00 Palm Springs Tourism -S900 00 Total Program Ads to NP's -S9,600.00 Page 1 of 3 0000 Parade Gori and Discounts American Veterans for Equal Rights -5100.00 Celebrity Grand Marshall 4150.00 Man of the Year -5150.00 Community Grand Marshal -$150 00 Woman of the Year -$150.00 Bienestar Human Services, Inc -560.00 PS Front Runners&Walkers -5125.00 PFLAG -$125 00 Desert Pride Center -$$00 00 Great Outdoors Palm Springs -5250 00 California State Teachers Assn, -5150 00 Soots IN Squares -5125 00 Metropolitan Comm Church of CV 467.50 Partnership for Performing Arts -5450.00 Team Palm Springs -560 00 Golden Rainbow Senior Center 4125.00 Greater Palm Springs Rodeo Chapter -5560.00 Palm Springs Human Rights Commission. -325 00 Desert Winds Freedom Band -$125.00 Desert Aids Project. -$275 00 Twcntynine Palms HS Gay Straight Alliance -$60.00 Palm Canyon Theatre -$60 00 CA ST SC Palm Desert Campus -$275.00 Les Dames Du Soleil -$125,00 Palm Springs Gay Vererans -$150 00 Great Autos of Yesteryear -$625 00 San Diego LGBT Pride -560 00 Inland Empire HIV Planning Council. -$125 00 Long Beach Lesbian&Gay Pride Inc. -$150 00 City of Los Angeles -S125.00 Total Parade Comps and Discounts -$5,277.50 Electrical Comps and Discounts Desert Oasis Chapel -520.00 Guide Dogs of the Desert. -$20 00 Bloom in the Desert Ministries -$20.00 For the Children -520 00 CAST 85 Palm Desert Campus 42000 PS Front Runners&Walkers -$20 00 61e11eslar Human Services, Inc. -520.00 Desert Pride Center 440.00 Palm Springs Police Officers Assoc. -$40 00 Palm Springs Police Dept -520 00 Palm Springs Spiritual Enrichment Center -520 00 Desert Women for Equality -$20 00 Palm Springs Power Baseball Team -520 00 The Well in the Desert -520.00 California State Teachers Assn, 420.00 Boots IN Squares -520.00 Women on A Roll -520,00 Desert Medical Group -520 00 Team Palm Springs -520 00 Page 2 of 3 aaaaa{ Golden Rainbow Senior Center -$20 00 Greater Palm Springs Rodeo Chapter -$40 00 Los Angeles Police Department. -$40 00 Pony Express/PS Rodeo -$20 00 Coachella Valley Couples. -$20 00 Total Electrical Comp's and Discounts -$520.00 Total Deposit Comps and DisCourtts Desert OaSiS Chapel -$200.00 Guide Dogs of the Desert -S200.00 Espresso-Etc' -$200.00 Bloom in the Desert Ministries -$200 00 For the Children -$200 00 CA ST SB Palm Desert Campus -$200 00 PS Front Runners&Walkers -S200 00 Bieneslar Human Services, Inc -S200 00 Desert Pride Center -$200 00 Lambda Gear -$400 00 Palm Springs Police Dept. .S200.00 Palm Springs Police Officers Assoc. -$400 00 Desert Rainbow Foundation -$200.00 Desert Rainbow Foundation $200.00 Palm Springs Spiritual Enrichment Center -S200.00 Desert WdrnUn for Equality -S200.00 Palm Sprmys Power Baseball Team -S200 00 The Well in the Desert -$200 00 California State Teachers Assn, -$200 00 Scots IN Squares -S200 00 Women an A Roll S200.00 Palm Springs Gay Softball League $200 00 Metropolitan Comm Church of CV -$92 50 Desert Medical Group -S200.00 Team Palm Springs -S200 00 Golden rainbow Senior Center -S200 00 Grealer Palm Springs Rodeo Chapter S400 00 Las Angeles Police Department -$200 00 Pony Express/PS Rodeo -$200 00 LA Fire Dept -$200 00 Coachella Valley Couples -$200 00 Total Deposit Comp's and Discounts -$5,392.50 GRAND 70TAI-COMP s AND DISCOUNTS TO NON PROI-IIS AND ORGANIZATIONS -S31,925.04 Page 3 of 2 f� 000965 AGREEMENT FOR EVENT PROMOTION This Agreement governed by the laws of the State of California is made and entered into this day of , 2007, 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 organization for the purpose of providing cultural and promotional events and/or activities that generally benefit the community; WHEREAS, Promoter plans to produce the Greater Palm Springs Pride Festival and Parade as described herein (hereinafter called "Event'); WHEREAS, Promoter is a California nonprofit public benefit corporation authorized to engage in charitable and educational activities as well as those activities permitted to be carried out by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code and under Section 170(b)(1) of the Internal Revenue Code; WHEREAS, Promoter needs financial assistance to produce this Greater Palm Springs Pride Festival and Parade and has requested City sponsorship; WHEREAS, the City Council has determined that sponsorship of this Greater Palm Springs Pride Festival and Parade would be of public benefit. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. EVENT DATE AND LOCATION 1.1 Promoter shall organize, manage and produce the Greater Palm Springs Pride Festival and Parade as generally described in Exhibit "A" attached hereto and incorporated herein by this reference. 000006, 12 The Event shall be held on November 2, 3 and 4, 2007. In the event of inclement weather, Promoter may request an alternate date For the Event. 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 the exclusive presenting sponsor of the Event. No other municipal agency sponsor shall appear in the title of the Event sponsored under this Agreement. 2.1 Promoter shall provide City with recognition in all advertising media to include print, radio, internet and television. Promoter shall provide a link on its website to the City website. Promoter shall provide a complimentary 20' x 20' booth at the Event for informational purposes. Promoter shall provide City with complimentary VIP entry in the Event parade and an invitation to the VIP Sponsorship Party on November 2, 2007. 2.2 City shall provide promotional assistance for the Event through the Palm Springs Bureau of Tourism (PSBT) and through the City Events Calendar listed on the City website. 3. SPONSORSHIP TERMS FOR THE CITY 3.1 To produce the Event, the City shall provide Promoter with up to Ten Thousand Dollars ($10,000) for in-kind services and the assistance of the City's Special Events Planning Team (SEPT) in the planning process. The in-kind services will cover staffing costs for police, Fire, street maintenance and parks maintenance department services. The City shall appropriate funds upon execution of said Agreement unless otherwise changed by the City. All amounts in excess of the City contributions will be paid by Promoter within fourteen (14) working days of the Event's close. 3.2 Promoter shall be responsible for raising all funds necessary to produce the Event in excess of the City's contribution of Ten Thousand Dollars ($10,000) of in-kind services. 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: 000007 4.1 Securing the necessary venues for the Event and related activities, including the VIP Party, and other possible special attractions as approved by City. 4.2 Developing and submitting a schedule and list of entries participating in Event to SEPT at least twenty (20) days prior to Event; coordinating Event routing and staging with SEPT. 4.3 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 and reimbursing City for any expenses incurred by the City pursuant to Section 5.1 in excess of the amount of Ten Thousand Dollars ($10,000). 4.4 Recruiting, coordinating and supervising volunteers and all their activities. 4.5 Obtaining certificates of insurance and liability release forms from all entries, volunteers and vendors participating in Event. 4.6 Promoter shall be responsible for all promotional activities related to the Event, including: a. Arranging and buying advertising space in local newspapers and other publications to promote the Event and the City. Minimum advertising for the Event shall be provided in a geographical area, which includes the High Desert, Inland Empire (San Bernardino and Riverside counties), San Diego County and the Coachella Valley. b. Preparing press releases and marketing materials to promote the Event. City logo to be included in all printed promotional materials. c. Coordinating local and regional public relations, including the distribution of press materials to entertainment and travel writers. d. Coordinating with the Palm Springs Bureau of Tourism to promote Event. e. Promoting Event through personal appearances and/or the distribution of collateral materials. 000a �� 4.7 Promoter shall provide a post-event report, summarizing the specific revenues and expenses associated with the production of the Event. The post-event report shall be delivered to the City's representative sixty (60) days following the close of the Event. 5. DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY 5.1 City agrees to provide, at no cost to Promoter, up to Ten Thousand Dollars ($10,000) toward public service costs incurred by the City, including police services, emergency medical services, street maintenance services and other public services as may be deemed appropriate by SEPT, to produce Event. 5.2 City shall make a concerted effort to promote the Event on the City's government access channel and other advertising and marketing vehicles as deemed appropriate. 5.3 The City shall provide police services to include four (4) officers on Saturday, six (6) officers on Sunday; two (2) Fire Department Emergency Medical Technicians on Saturday and Sunday; and six (6) parks maintenance workers on Saturday and Sunday for the Event at Palm Springs Stadium ("Stadium") and the Cerritos (Pavilion) Practice Field. The City shall also provide police services to include six (6) officers and five (5) CHP officers, fire services of two (2) fire marshals, and other support services to include four (4) parks maintenance workers and eight (8) street maintenance workers on Sunday, November 4, to close and re-open Palm Canyon Drive, secure parade route, provide traffic control, remove barricades, and otherwise assist Promoter in conducting the parade on Palm Canyon Drive. Also, all needed traffic delineation and equipment shall be provided by City as determined by City staff to conduct the parade and support the Event at the Stadium. 6. TERM OF AGREEMENT 6.1 AGREEMENT PERIOD. The effective date of this Agreement shall be October 30 through November 6, 2007. 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' a00,0a notice to Promoter. In the event of termination by whatever means, City shall have the option to direct Promoter's actions with respect to access to materials or assigning any rights, such as name lists, speaker contracts, to City or its designee. 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 G. Promoter terminates or attempts to terminate this Agreement for any reason other than City's failure to make payments as provided hereunder; or d. Promoter fails to fulfill the responsibilities, duties, and obligations set forth herein. 7. GENERAL 7.1 INDEMNITY. Promoter shall indemnify and save harmless the City and its officers, agents and employees from, and, if requested, shall defend them against 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, including, but not limited to, Promoter's use of facilities or equipment provided by City or others, regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on City, except to the extent that such indemnity is void or 099010 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 agreement on Promoter, its subcontractors or either's agent or employee. 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 obligations 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. 7.2 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. 7.3 INSPECTION OF RECORDS. City shall have the right to monitor and inspect all work or records under this Agreement. 7.4 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. 7.5 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. 7.6 NOTICES. Communications among the parties hereto shall be addressed as follows: PROMOTER: GREATER PALM SPRINGS PRIDE, INC. Jack Schloeder, President 611 S. Palm Canyon Drive, PMB 7436 Palm Springs, CA 92264 Tel: (760) 416-8711 - FAX (760) 323-8704 CITY: CITY OF PALM SPRINGS David H. Ready, City Manager P.O. Box 2743 Palm Springs, CA 92262 Tel: (760) 322-8336 - FAX (760) 323-8207 7.7 CITY REPRESENTATION. Promoter shall work closely with the City's Special Events Coordinator, 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 . 7.8 COMPLIANCE WITH LAWS. Promoter shall comply with all applicable federal, state, and local laws, ordinances and regulations. 7.9 STANDARD OF CARE. City relies upon the professional ability of Promoter as a material inducement to entering into this Agreement. Promoter agrees to use reasonable care and diligence in rendering services under this Agreement. Promoter agrees that the acceptance of its work by City shall not operate as a waiver or release of said obligation of Promoter. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedure or which involve professional judgment shall not be used as a basis for submission of inadequate work or incomplete performance. 7,10 DEMAND FOR ASSURANCE. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due 1 . 00002 performance and until he/she receives such assurance may, if commercially reasonable, suspend any performance for which the agreed return has not been received. "Commercially reasonable" includes not only the conduct of a party with respect to performance under this Agreement but also conduct with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceeding ten (10) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service, or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. 7.11 THIRD PARTY BENEFICIARIES. Nothing contained in [his Agreement shall be construed to create and the parties do not intend to create any rights in third parties. [SIGNATURE BLOCK NEXT PAGE] oo�a�� IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By: City Clerk City Manager CONTRACTOR: Check one:—individual_Partnership_Corporation By: By: Signature (notarized) Signature (notarized) Name: Ncme: Title: Tile:—- (This A.�reernenr mu,sr he signed in du above space by one of This Agreement must be signed in the above spice by one of the following:Chsimian of Elie Board,President ur any Vice the Following.Secretary,Chief Financial Officer or eny President) Asyrsrant (rcasurer) Slate of Stott of J County of__ Cnunry,of 155 On h�•fo,, mo, On be cure me. P'r"on"lly appeared personally appeared personally known cu me (or ProvUJ in mL mi the basis of satsiactury pcisunally known in Inc (or pnwul to me on the basis of satisfacmry evidence) in he chc punoii(s) whose name(b) is/arc suhecnhcJ to rho evicltnee) w le the penon(s) whose nanic(a) ,/ate euh+Embed to the within instrument and acknowledged in me ibat bublie/they executed within rnsnumcni and aelmowlulgud to me that he/she/they executed the sane in his/hm/dwwt .unlwnzed capacity(ics), and that by the same m his/hot/their authonmd capanty(icn), and chat by lubhcr/diner srgnaturc(s) on the ms'trunncnt chc Pcrson(x), or the his/her/thca se,namrc(n) on the InIUMI [ri dw penon(s), or the entry upon behalf of which the penon(s) acteJ, exccured the cnucg upon htlxdf of which the person(s) acted, Lectured the tnsn um"t6 matrunient WITNESS my hand and official son]. WITNLS4 niy hind and official seal Notary Signature Notary Signanue: Notary Seal: Notary St fl: . • 0000�� Exhibit "A" SCOPE OF SERVICES Greater Palm Springs Pride, Inc. shall organize, manage, and produce the annual Greater Palm Springs Pride Festival and Parade for the City of Palm Springs in November or each year 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 2 through November 4 in Palm Springs Stadium ("Stadium") and in the Cerritos Practice Field. 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. All Event entrants will enter through the main entrance of Palm Springs Stadium. Admission is Ten Dollars ($10) per entrant. Vendors will enter Stadium through the 3"' base gate. Vendor vehicles will be parked in the Cerritos (Pavilion) Practice Field. Promoter shall provide security for these vehicles. 4. Promoter shall begin the setup of Stadium on Tuesday, October 30 and will occupy the facility until Tuesday, November 6. Promoter shall use Cerritos (Pavilion) Practice Field on Saturday and Sunday, November 3 and 4. 5. Promoter shall be responsible for all onsite security through the use of a qualified security company approved by the Palm Springs Police Department and all volunteer or paid staff as needed to man and stage the Event as required by SEPT review. 6. All electrical and lighting required to stage the Event in Stadium shall be the responsibility of the Promoter. City shall provide electrician to facilitate initial hookup to main power in the Stadium. 7. All amplified sound equipment and lighting shall be directed away from all adjacent residential housing. 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 to include both portable toilets and Stadium restrooms. 9. Dumpsters shall be placed in the Pavilion Parking Lot. City shall provide recycling containers for the Event. ' 00o�a.v 10. A first aid station shall be required on the Event site. Two (2) Palm Springs Fire Department Emergency Medical Technicians shall be on site throughout the Event as determined by SEPT. Additionally, two (2) fire marshals shall be required on site during the parade. 11 . City's Special Events Coordinator shall coordinate the use of the 1s` and V base concession stands in the Stadium. Promoter shall provide an RV to be used as a portable office 12. On Saturday, November 3, four (4) City police officers shall be required from 10:00 a.m. to 9:00 p.m. at the Event site; six (6) City police officers shall be required at the Event site on Sunday, November 4, from 10:00 a.m. to 6:00 p.m. City's Police Department shall coordinate required staffing for the parade, consisting of motor officers and foot beat officers. 13. All food vendor applications shall be submitted to Riverside County Department of Environmental Health no later than October 19. 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. 14, All vendors shall be required to have the appropriate City business licenses as determined through the SEPT review process. 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. 15. 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). 16. Pre-stage on Palm Canyon shall begin at 7:00 a.m. from Alejo to Tamarisk roads. All floats must be in the pre-stage area no later than 9:15 a.m. 17. 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 18. All floats in the parade shall be required to have a fire extinguisher as determined during the SEPT review process. 19. Promoter shall provide portable toilets at various locations along the parade route. Locations for placement of portable toilets shall be reviewed with SEPT. Promoter shall be required to obtain permission of the property owners for placement on private property. 000 20. Castle banners shall be provided by Promoter and the dates for their hanging will be coordinated with the City's Parks and Recreation Administration. Exhibit "B" SCHEDULE. OF COMPENSATION AND DESCRIPTION OF CITY SERVICE COSTS Saturday, November 3_2,007 PSPD (4 Officers/ 44 Total Hours) $ 2,860 PSFD (2 Firefighters/ 22 Total Hours) $ 1-364, Parks and Recreation (6 Workers/66 Total Hours) $ 2,640 Miscellaneous (Posting, field prep, electrician) $ 500 SUBTOTAL $ 7,364 Sunday, November 4, 2007 Festival - PS Stadium PSPD (6 Officers/ 48 Total Hours) $ 3,120 PSFD (2 Firefighters/ 16 Total Hours) $_ 992 Parks and Recreation (6 Workers/ 60 Total Flours) $ 2.400 Stadium & Field Rental $ 2,600 �o®di J Lighting $ 2,800 SUBTOTAL: $1 1 ,912 Parade — Palm Canyon PSPD (6 Officers/ 24 Total Hours) $ 1 ,560 PSFD (2 Fire Marshals/ 10 Total Hours) $ 620 Streets Maintenance (8 Workers/ 64 Total Hours) $ 2,880 Downtown Experience Crew (4 Workers/ 32 Total Hours) $ 1 ,280 CHI' (5 Officers/ 36 Total Hours) $ 3,300 Miscellaneous (Barricade Rental) $ 1 ,900 SUBTOTAL: $1 1 ,540 TOTAL ESTIMATED COST: $30 8 L6