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HomeMy WebLinkAbout05902 - PALM SPRINGS WILD WESTFEST RODEO AND PARADE �"F,� ,j! (� r '-:,.V' V ULMCity of Palm Springs Department of Planning Services Land Use Permit# 11-018 Applicant: Mailing Address: Phone: (714) 437-2579 Christopher Burkhart 1570 Corporate Drive, Suite A Fax: (714) 850-9837 Spur of the Moment, LLC Costa Mesa, CA 92626 Christopher@spurproductions.net Business Name: Site Address: 1077 East Amado Road Palm Springs West Fest palm Springs, CA 92262 Zone/GP: RA /TRC APN: 508-070-038 Section, Township, Range: 1414/4 Section 14 - Festival PROCEDURE: An application for a land use permit shall be submitted to the Department of Planning Services, and shall be accompanied by the following: 1. A Processing fee of $675 2. Such other information as the Director of Planning Services may require, including, but not limited to: adjacent uses, photographs, building elevations, landscape plans, design studies, furniture information, etc. STATEMENT OF ACTIVITY: Applicant shall submit a statement of the use, expected size, volume, hours, and length of operations; information relating to sanitation, noise, air pollution, vehicle parking, traffic circulation, and any other information of the proposed project. This application is for the 2011 Wild West Fest and Rodeo to be held at the vacant lot across the street from the Palm Springs Convention Center. Event dates, time and anticipated attendance are as follows: Date/Time Location/Event Antic! ated Attendance Monday, March 22, 2011 1077 E. Amado Road Event Set-Up Friday, March 25, 2011 1077 E. Amado Road Approximately 4,000 8:00 AM to 10:00 PM Saturday, March 26, 2011 1077 E. Amado Road Approximately 4,000 8:00 AM to 10:00 PM Sunday, March 27, 2011 1077 E. Amado Road Approximately 4,000 8:00 AM to 8:00 PM Event to include rodeo arena with livestock, food vendor area, alcoholic beverage sales, carnival area, and music festival. CONDITIONS: See attached. REVOCATION: The Director of Planning Services may revoke any Land Use Permit that does not meet or comply with conditions and re uirements of this permit. Applicant's Signature Permit Center Signature Date Account# 011-32204 City of Palm Springs �pA`M SA 4 Department of Planning Services A. � 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 .h M* (760) 323-8245 — direct(760) 322-8360 —facsimile gLIFORN�P LAND USE PERMIT #11-018 CONDITIONS OF APPROVAL DATE: March 17, 2011 REQUEST: This application is for the 2011 Wild West Fest and Rodeo to be held at the vacant lot across the street from the Palm Springs Convention Center. Event dates, time and anticipated attendance are as follows: Date/Time Location/Event Anticipated Attendance Monday, March 21, 2011 1077 E. Amado Road Event Set-Up Friday, March 25, 2011 1077 E. Amado Road Approximately 4,000 8:00 AM to 10:00 PM Saturday, March 26, 2011 1077 E. Amado Road Approximately 4,000 8:00 AM to 10:00 PM Sunday, March 27, 2011 1077 E. Amado Road Approximately 4,000 8:00 AM to 8:00 PM Mon-Thur, March 28-31, 2011 1077 E. Amado Road Event Tear Down Event to include rodeo arena with livestock, food vendor area, alcoholic beverage sales, carnival area, and music festival. APPLICANT: Christopher Burkhart - Spur of the Moment, LLC LOCATION: 1077 E. Amado Road, Palm Springs, CA 92262 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief, or their designee, depending on which department recommended the condition(s). Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE 1. This land use permit will become effective once a Memorandum of Understanding (MOU) between Spur of the Moment, LLC. and the City is signed and executed. The City will not provide requested street closures or other related City services until such time that the scope of services and a schedule of compensation agreement has been accepted. 2. Any agreements between Spur of the Moment, LLC. and the Palm Springs Convention Center for use of outdoor areas are a separate contract and are not part of this approval. 2 LUP 11-018 March 17, 2011 Wild West Fest and Rodeo Page 2 of 7 3. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 4. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning this Land Use Permit application. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 5. The promoter is authorized to operate a temporary four day event at the above locations and times. The public event shall end at 8:00 pm Sunday, March 27, 2011 and all clean-up activities shall be satisfactorily concluded by 6 pm Thursday, March 31, 2011. 6. Spur of the Moment, LLC. shall be allowed to enter the event site for pre-event set-up on Monday, March 21, 2011 at 8:00 am and must vacate the premises no later than Thursday, March 31, 2011 at 6:00 pm, at which time the event site shall have been restored to its original condition. 7. Spur of the Moment, LLC. shall be responsible for organizing, planning, managing, coordinating, staging and otherwise producing the Wild West Fest Rodeo event at 1077 E. Amado Road. 8. Spur of the Moment, LLC. to provide appropriate event insurance approved by the City Special Event Planning Team (SEPT) as required in Exhibit C of the Memorandum of Understanding. 9. Qualified rodeo staff must be stationed with livestock 24-hours a day during the entire event. 10. All monetary compensation owed to the City of Palm Springs for site deposit, Police, Recreation, and Fire Department staffing costs must be paid as described in Exhibit B of the SEPT Memorandum of Understanding. 11. Notification of event to surrounding residential properties will be conducted in conjunction with the City of Palm Springs Director of Neighborhood and Community Relations. Notice shall include: • Notification of noise waiver ending 10:00 pm during event. • On-street restricted parking. • Possible un-scheduled street closures. 3 LUP 11-018 March 17, 2011 Wild West Fest and Rodeo Page 3 of 7 12. All vendors shall be required to have the appropriate City business licenses. Business license must be displayed on or within the vendor booth throughout the event. Villagefest licenses are not considered acceptable as a City business license. All vendor permits must be submitted to SEPT no later than seven (7) days prior to the event for non-food vendors. 13. All designated areas for the sale of alcohol shall be constructed, maintained, and monitored in accordance with the laws and regulations of the State of California Alcohol and Beverage Control Board (ABC) and the Palm Springs Police Department. 14. Spur of the Moment, LLC to provide copies of approved catering licenses from the California Department of Alcoholic Beverage Control (ABC) for on-site beer gardens. ABC license must be submitted one week prior to event. 15. Food vendors must adhere to all Riverside County Health Department rules and regulations. POLICE 16. Spur of the Moment, LLC. shall be responsible for all on-site uniformed security through the use of a qualified security company approved by the Palm Springs Police Department and all uniformed volunteers or paid staff as needed to man and stage the event (see Condition #1). 17. On-site law enforcement shall be the responsibility of the City's Police Department and at the expense of the promoter as determined by the Memorandum of Understanding (see Condition #1). 18. Designated protest area to be at the corner of Avenida Caballeros and East Tahquitz Canyon Way as approved by the Palm Springs Police Department. 19. No firearms will be permitted for display or sale during the event. This includes replicas and any other form of firearm even with firing pins removed. 20. Firearm props to be used as part of scheduled entertainment shows coordinated with the Palm Springs Police Department. Schedule of gun fight shows to be provided to the City's Special Events Coordinator who will notify the Police and Fire Departments. UTILITIES 21. All electrical, water, staging, tenting, fencing, and lighting required to stage the Event shall be the responsibility of the Promoter. Generators to be separated by twenty (20) feet from all canopies or tents with a aggregate. area greater than 700 feet. 22. Water service to be provided by on-site fire hydrant. Spur of the Moment, LLC. to obtain water meter from the Desert Water Agency and fees for water use to be billed to Promoter. 4 LUP 11-018 March 17, 2011 Wild West Fest and Rodeo Page 4 of 7 23. Trash pick-up and storage to be the responsibility of the Promoter. Food vendors to be informed of proper disposal of food refuse and trash. Dumpster to be located away from food vendors and at the perimeter of the event site. 24. Spur of the Moment, LLC. to provide an appropriate number of potable toilets. All sewage disposal from portable toilets shall be the responsibility of the Promoter. 25. Dust control shall be provided by promoter from March 21, 2011 beginning at 8:00 am and continue until March 31, 2011 at 6:00 pm and meet all City standards. NOISE AND LIGHTING 26. The City of Palm Springs shall grant a temporary suspension of the noise ordinance. Chapter 11.08.040 prohibits unreasonably loud noise with the maximum allowable A-weighted decibels for an event in a residential area after 6:00 pm. Noise levels over the normal 55 decibels will be permitted until 10:00 pm each night beginning Friday, March 25 through Sunday, March 27, 2011. 27. The performance stage will be located on the west end of the festival grounds between Avenida Caballeros and the rodeo grandstand. The stage to be oriented so that performing acts and associated music amplification will face the grandstand. 28. All amplified sound equipment shall be directed south-east away from adjacent residential housing and hotels. 29. Lighting towers shall be positioned so that a minimal amount of light will spill off of the rodeo site on to adjacent property. STREETS AND PARKING 30. Signing of no parking areas to be executed by the City of Palm Springs Public Works Department. 31. Avenida Caballeros to be closed to thru traffic from Thursday, March 24, 2011 until Monday, March 28, 2011. 32. Off-street parking will be accommodated on nearby Convention Center and Palm Springs Unified School District lots. 33. Handicapped parking will be permitted on Amado Road adjacent to the Convention Center. 34. Additional parking will be provided at the self parking lot adjacent to the Spa Casino. FIRE 35. Accurate site plan for Fire Department approval to be submitted no later than March 18, 2011. 5 LUP 11-018 March 17, 2011 Wild West Fest and Rodeo Page 5 of 7 36. Emergency Access: Maintain throughout the event and including parking areas an emergency access lane of no less than 20 feet in width and vertical clearance of no less than 13 feet 6 inches. a. Access lanes shall extend to within 150 feet of all portions of any buildings, grandstands, structures, tents, or canopies and access lanes are to be identified on submitted diagrams. b. Identify locations of emergency access points to parking areas and soft street closure locations. c. Identify EMS locations. 37. No less than two dedicated EMS personnel are to be present on site during the hours that the event is opened to the general public. Two additional EMS personnel are required to be dedicated to the "Arena" during the Rodeo portion of the event. All EMS personnel utilized at this event must be licensed through Riverside County EMS. 38. First Aid station to be staffed by registered EMT's at the Promoters expanse. 39. Canopies and tents are to be adequately secured and anchored to the ground to withstand wind. Tent staking will be permitted on the dirt lot only. 40. Portable Fire Extinguishers: 2-A 10BC rate fire extinguishers are required where there are buildings, grandstands, structures, tents, canopies and carnival rides. 41. Portable Fire Extinguishers: 40BC rated fire extinguishers are required at all liquid fuel powered equipment and generators. 42. Fire Hydrants: Identify all fire hydrants on diagram. Access to hydrants must be maintained at all times. 43. Fire Department Connections: Access to fire department connections and fire control systems must be accessible from the fire lane. 44. Carnival rides must comply with Palm Springs Carnival Requirements and all rides are to have current California certificates. 45. Tents and canopies must adhere to the Palm Springs Fire Department tent requirements and conditions. 46. Tents with an area greater than 200 square feet & canopies with an area greater than 400 square feet require a fire department permit. Permit must be obtained at least two weeks prior to the event. 47. No open flame or cooking in tents or canopies. 6 LUP 11-018 March 17, 2011 Wild West Fest and Rodeo Page 6 of 7 48. A 10 foot additional open cooking area will be provided to vendors cooking food with open flame appliances. 49. Open flame cooking appliances shall be separated from tents/canopies by a minimum of five feet. 50. In those areas were food is cooked or were there is an open flame, a portable fire extinguisher of a minimum size of 2-A 106C is required. A "K" type portable wet agent extinguisher is required in each cooking area where deep fat frying or hot oil cooking occurs. 51. No Smoking in tents/canopies. 52. Tents/Canopies are to be adequately anchored to withstand weather (wind). 53. Generators are to be separated from tents/canopies and buildings by a minimum of 20 feet. 54. A complete list of vendors must be provided to the Palm Springs Fire Department 10 days prior to the event. 55. All vendors will be in their assigned spaces and vendor area will be clear of all vehicles that are not part of a static display prior to opening the event to the public. 56. Physical barriers are to be provided to safely separate cooking appliances from the public. 57. Grandstands, bleachers folding and telescoping seating must conform with the ICC 300 Standard. 58. Two Deputy Fire Marshals will be required during event operation hours. 59. Prior to the event, a Deputy Fire Marshal shall walk the site with the event manager who has the authority to make corrections as needed. REVOCATION 60. Revocation. a. When the conditions of a land use permit have not been or are not being complied with, the Director of Planning Services shall notify the permittee of intention to revoke such permit. The permittee shall be given opportunity at an office hearing to show cause why the permit should not be revoked. If good cause is not shown, the Director may revoke the permit. Such revocation may be appealed to the City Manager. b. The Palm Springs Fire Marshal may revoke this permit immediately if occupancy, exiting or other safety issues require such action. c. Transfer of this land use permit to another applicant or location is prohibited for this short- term event. 7 LUP 11-018 March 17, 2011 Wild West Fest and Rodeo Page 7 of 7 60. Amendment. a. None permitted for this short-term event. 61 This Land Use Permit shall be made available to City officials upon request. Failure to comply with Municipal Codes, Ordinances, and the conditions of this land use permit may result in revocation of this permit. Should the permit not be available upon request, such permit shall be considered null and void during the time it is not available. 62. All events must comply with the ordinances of the City of Palm Springs unless superseded by City Council action. Director of Planning Services Signature: Date: Applicants Signature: Date: 8 `vv AGREEMENT FOR EVENT PROMOTION PALM SPRINGS WESTFEST & FRANK BOGERT MEMORIAL RODEO This Agreement governed by the laws of the State of California is made and entered into this 17th day of March, 2011, by and between the City of Palm Springs, a municipal corporation, (hereinafter called "City") and the Spur of the Moment LLC. (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 may provide funding assistance to eligible organizations for the purpose of providing cultural and promotional events and/or activities that generally benefit the community; WHEREAS, Promoter plans to produce the PALM SPRINGS WESTFEST & FRANK BOGERT MEMORIAL RODEO as described herein (hereinafter called "Event"); WHEREAS, the City has determined that the PALM SPRINGS WESTFEST & FRANK BOGERT MEMORIAL RODEO WestFest Rodeo 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 PALM SPRINGS WESTFEST & FRANK BOGERT MEMORIAL RODEO as generally described in Exhibit "A" attached hereto and incorporated herein by this reference. 1.2 The Event shall be held on March 24 — 27, 2011. 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. TERMS FOR THE CITY 2.1 To produce the Event, the City shall provide Promoter with use of site bounded by Avenida Caballeros, and Margarita's parking lot, and Amado Road free of charge. A one time $5,000 fee to recap the site at the conclusion of the event is required to meet dust control (PM10) requirements. Fees to be paid to the Palm Springs Convention Center, per Convention Center Contract. 3. 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: 3.1 Securing the necessary venues for the Event and related activities. 3.2 Coordinating the routing and staging of Event with SEPT. 3.3 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. 3.4 Recruiting, coordinating and supervising volunteers and all their activities. 3.5 Obtaining certificates of insurance and liability release forms from all entries, volunteers and vendors participating in Event. 3.6 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 may 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. 3.7 Promoter shall provide a post-event report, generally summarizing the revenues and expenses associated with the production of the Event. The post-event report shall be delivered to the City within a reasonable time following the close of the Event. 4. DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY 4.1 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. 4.2 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. 4.3 The City shall provide police services to include three (3) officers, and two (2) Deputy Fire Marshals, The City shall also provide one (1) parking attendant and one (1) Special Event Attendant. - 2 - 5. TERM OF AGREEMENT 5.1 AGREEMENT PERIOD. The effective date of this Agreement shall be March 17, 2011 through April 1, 2011. 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. 5.2 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' 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. 5.3 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. 5.4 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. The dissolution of Promoter; or b. Promoter terminates or attempts to terminate this Agreement for any reason other than City's failure to make payments as provided hereunder; or C. Promoter fails to fulfill the responsibilities, duties, and obligations set forth herein. 6. GENERAL 6.1 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, - 3 - 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 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. 6.2 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 and additional insured policy endorsements showing the City as an additional insured in a policy or policies issued by a company approved by the Risk Manager for the City as outlined in attached Exhibit "C". 6.3 INSPECTION OF RECORDS. City shall have the right to inspect all work or records under this Agreement. 6.4 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. 6.5 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. 6.6 NOTICES. Communications among the parties hereto shall be addressed as follows: - 4 - PROMOTER: SPUR OF THE MOMENT LLC. Christopher T. Burkhart, CEO 1570 Corporate Drive, Suite A Costa Mesa, CA 92626 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 6.7 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. 6.8 COMPLIANCE WITH LAWS. Promoter shall comply with all applicable federal, state, and local laws, ordinances and regulations. 6.9 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. 6.10 DEMAND FOR ASSURANCE. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and until he/she receives such assurance may, if commercially reasonable, suspend any performance for which the agreed return has not been received. "Commercially reasonable" includes not only the conduct of a party with respect to performance under this Agreement but also conduct with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceeding ten (10) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service, or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. 6.11 THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. - 5 - [SIGNATURE BLOCK NEXT PAGE] - 6 - IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRING / ATTEST: a municipal corporation�� /1' i City Clerk 3 Lt Z� City Manag © _ / I q PROMOTER:_,-Check one:_Individual_Partnership XCorporation By: By: 6� ignature (notarized) Signature(notarized) Name:C�Y��+y�P�"' w Name: Title: �'�U Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) tate of i / pia State of unty of RXVU4i t ss County of ss On '"before me, Iwia, n before me, Person y appeared C (t eh ' Personally appeared personall nown to me (or proved to me on the personally known to me (or proved to me on the basis of sate actory evidence) to be the person(s) basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the within whose name(s) is/are subscribed to the within instrument an acknowledged to me that instrument and acknowledged to me that he/she/they execu d the same in his/her/their he/she/they executed the same in his/her/their authorized capacity(i s), and that by his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the inst? ment the person(s), or the signature(s) on the instrument the person(s), or the entity upon behalf of w ' h the person(s) acted, entity upon behalf of which the person(s) acted, executed the instrument. executed the instrument. �v WITNESS my hand and offs 'al seal. WITNESS my hand and official seal. Notary otary Signature: Signature: `l Notary Seal: \ Notary Seal: 4 v v� - 7 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On tial( before me, za Date fL, Here Insert Name and Title if the Officer personally appeared k -1 Name(s)of Signer(s) who proved to me on the basis of atisfactory evidence to be the person(A) whose nam0sGi alie subscribed to the within instrument and acknowl dged to me that he /t* executed the same i hi *r/their authorized capacity("), and that b his Nrlhgir signature(k) on the CYNTHIA A.BERARDI instrument the personk, or the entity upon behalf of Commission#1879529 which the person04 acted, executed the instrument. s ri Notary Public-California = Z Riverside County I certify under PENALTY OF PERJURY under the laws M Comm.Expires Feb 18,2014 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �� / Place Notary Seal Above �� Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ���i �"'" ` 'l�� �U"�1V►�O J/�'�1 __ Document Date: LL(el ( Number of Pages: i VFW�k e4! __ Signer(s) Other Than Named Above: �— Capacity(ies) Claimed by Signer(s) Signer's e: Signer's Name: ElIndividual __�-,- ❑ Individual ❑ Corporate Officer—TitleTs), ❑ Corporate Officer—Title(s): Ll Partner—❑ Limited ❑ General _ __ ❑ Partner—❑ Limited I I General FJ Attorney in Fact ❑Attorney in Fact • Top of thumb here' - Top of thumb here ❑ Trustee ' rustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,PP.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1.800-876-6827 Exhibit "A" SCOPE OF SERVICES Spur of the Moment Productions shall organize, manage, and produce the WestFest Rodeo and Parade in City of Palm Springs in March of 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, coordinating, staging and otherwise producing the Event Thursday, March 24 through Sunday, March 27 at the Caballeros Field Site. 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 at 8:00 a.m. on Wednesday, March 23 and will occupy the facility until 10:00 p.m. on Monday, March 28; or such move in move out dates authorized by the Palm Springs Convention Center. 4. 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. Onsite law enforcement shall be the responsibility of the City's Police Department and at the expense of RSI as determined through the SEPT review process 5. All electrical, water, staging, tenting, fencing and lighting required to stage the Event shall be the responsibility of the Promoter. If Westfest is required to install generators that will provide power to all vendors, generators are to be separated by 20 feet from canopies with an aggregate area greater than 700 square feet. If the City provides Electrical and Water to site, meters will be placed and fees for utility use will be billed to promoter at the conclusion of move-put. 6. All amplified sound equipment and lighting shall be directed away from all adjacent residential housing to mitigate the noise impact on the surrounding neighborhood. 7. All trash pickup throughout the Event site shall be the responsibility of the Promoter. Promoter shall be responsible for making any necessary arrangements for onsite trash dumpsters for disposal. Promoter shall handle the ordering and placement of portable toilets. 8. On Friday, March 25 (3) PSPD officers shall be required for eighteen (18) hours; on Saturday, March 26 (3) PSPD officers shall be required for twenty- four (24) hours and on Sunday, March 27 (3) PSPD officers shall be required for twenty-four(24) at the Event site. 9. All vendors shall be required to have the appropriate City business licenses as determined through the SEPT review process. Business licenses must be - 8 - 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. Portable fire extinguishers shall be provided every 150 feet so than no one is more than 75 feet from a fire extinguisher. 10. Promoter shall provide a layout of the Event to be approved by SEPT. 11. Dust Control shall be provided by promoter from March 18, 2011 beginning at 8:00 a.m and continue until April 1, 2011 and meet all city standards. 12. PETA Protest Area shall designate and provide an area approved by Palm Springs Police Department. 13. The Engineering Division of the City shall be responsible for approving a traffic layout plan provided by RSI through the SEPT review process. All conditions as required by the Engineering Division shall be adhered to within the approval plan at RSI's expense. In addition to this, RSI shall be responsible for maintaining traffic barriers as determined by SEPT. RSI shall be responsible to purchase appropriate signs and pay for the rental of barricades if needed. 14. Promoter shall be responsible for the procurement and maintenance of all onsite portable toilets, the number and locations of which to be determined through the SEPT review process. All sewage disposal from portable toilets throughout the Event site shall be the responsibility of Promoter during the Event. 15. A first aid station staff by registered EMT's shall be required on the Event site at Promoter's expense. Promoter shall also be required to pay for two (2) City Deputy Fire Marshalls to be on the Event site throughout the Event as determined by SEPT. 16. All beer gardens or locations dispensing alcohol shall be constructed, maintained and monitored in accordance to a pre-approved plan by the City's Police Department and under the laws and regulations of the State of California as required by the Alcohol and Beverage Control Board (ABC). 17. No tent staking or tying off to trees, fences or other appurtenances by vendors, entertainers or participants shall be allowed. Canopies are to be adequately secured and anchored to withstand weather(wind). 18. Promoter shall be allowed to enter the Event site for pre-Event setup on Tuesday March 22 at 8:00 a.m. and must vacate the premises no later Tuesday March 29 at 6:00 p.m., at which time the Event site shall have been restored to its original condition. Promoter is responsible to ensure that street will be reopened in a timely manner through collection of refundable deposit from vendors. 19. Fire access lances must be delineated. Static displays, parked vehicles and motorcycles must not encroach into the emergency lane access. - 9 - 20. Access to fire hydrants mush be maintained at all times. FDC and fire control systems shall also be accessible from the fire lanes. 21. Multiple canopies with an aggregate area greater than 700 square feet require a fire department permit. 22. No open flame will be permitted when the aggregate area of the canopies is greater than 700 square feet. 23 Multiple canopies can be exempted by creating 12 feet separations prior to the aggregate area exceeding 700 square feet. 24. Displayed motor vehicles under canopies or in haulers shall have batteries disconnected and contain less than 5 gallons of fuel. 25. Promoter to staff and maintain the barricades at the beginning of the closure at all times during the event, and along key points, including side streets, as designated by SEPT in the planning process beginning at 2:00 p.m., Thursday, March 24 through 9:00 p.m., Sunday, March 27. - 10 - Exhibit "B" SCHEDULE OF COMPENSATION AND ESTIMATED COST OF CITY SERVICES Friday, March 25, 2011 - Rodeo PSPD (3 Officers/18 Total Hours) $ 1,278.00 PSFD (2 Fire Marshal/10 Total Hours) $ 920.00 Parking Enforcement (1 attendant/8 Total Hours) $ 387.20 Special Events Department (1 attendant/ 8 Total Hours) $ 272.00 Street Department (No parking and handicap signage) $ 300.00 Subtotal: $ 3,157.20 Saturday, March 26, 2011 - Rodeo PSPD (3 Officers/24 Total Hours) $ 1,704.00 PSFD (2 Fire Marshal/12 Total Hours) $ 1,104.00 Parking Enforcement (1 attendant/8 Total Hours) $ 387.20 Special Events Department (1 attendant/8 Total Hours) $ 272.00 Subtotal: $ 4,180.20 Sunday, March 27, 2011 — Rodeo PSPD (3 Officers/24 Total Hours) $ 1,704.00 PSFD (2 Fire Marshal/8Total Hours) $ 736.00 Parking Enforcement (1 attendant/8 Total Hours) $ 387.20 Special Events Department (1 attendant/8 Total Hours) $ 272.00 Subtotal: $ 3,099.20 TOTAL: $ 10,436.60 Exhibit "C" INSURANCE REQUIREMENTS Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of the Agreement, including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $2,000,000 bodily injury and property damage, including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Workers' Compensation Insurance. A policy of workers' compensation insurance in any amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. (c) Business Automobile Insurance: A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000, 000 bodily injury and property damage. The Business Automobile Insurance shall name the City, its officers, employees, and agents as additional insured. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements or binders are approved by the City. The contractor agrees that the provisions of contained herein shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section. - 12 - AGREEMENT FOR EVENT PROMOTION WESTFEST RODEO AND PARADE This Agreement, governed by the laws of the State of California, is made and entered into this 24th day of September, 2009, by and between the City of Palm Springs, a municipal corporation, (hereinafter called "City") and Spur of the Moment, LLC, d/b/a Palm Springs Wild WestFest (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 may provide 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 WestFest Rodeo and Parade as described herein (hereinafter called "Event"); WHEREAS, the City has determined that sponsorship of this WestFest Rodeo 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 WestFest Rodeo and Parade as generally described in Exhibit "A" attached hereto and incorporated herein by this reference. 1.2 The Event shall be held on March 12-14, 2010, regardless of weather conditions. 3. SPONSORSHIP TERMS FOR THE CITY 3.1 To produce the Event, the City shall provide Promoter with use of site bounded by Avenida Caballeros, and Margarita's parking lot, and Amado Road free of charge. A one time $,5000 fee to recap the site at the conclusion of the event is required to meet dust control (PM10). WestFest Rodeo and Parade Agreement Page 2 of 13 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 Securing the necessary venues for the Event and related activities. 4.2 Coordinating the routing and staging of Event 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 . 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, 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. 4.7 Promoter shall provide a post-event report, generally summarizing the revenues and expenses associated with the production of the Event. The post-event report shall be delivered to the City within a reasonable time following the close of the Event. 5. DESCRIPTION OF SERVICES TO BE 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. Promoter shall pay to the City the full cost for such services as provided in Exhibit "B" to this Agreement, except where an event described in Section 6.4 occurs. WestFest Rodeo and Parade Agreement Page 3 of 13 5.2 City shall make a good faith effort to promote the Event on the City's government access channel and other advertising and marketing vehicles as the City Manager deems appropriate. 5.3 The City shall provide police services to include two (2) officers, and two (1) Deputy Fire Marshal, and the City shall also provide three (3) street maintenance personnel to setup/takedown the street closure. Also, all needed traffic delineation and equipment shall be provided by City as determined by City staff to conduct the Event. The cost of the services described in this Section 5.3 shall be borne by the Promoter. 6. TERM OF AGREEMENT 6.1 AGREEMENT PERIOD. The effective date of this Agreement shall be October 14, 2009 through April 1, 2010. 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' 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. The dissolution of Promoter; or b. Promoter terminates or attempts to terminate this Agreement for any reason other than City's failure to make payments as provided hereunder; or WestFest Rodeo and Parade Agreement Page 4 of 13 C. Promoter fails to fulfill the responsibilities, duties, and obligations set forth herein. 7. GENERAL 7A 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 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 and additional insured policy endorsements showing the City as an additional insured in a policy or policies issued by a company approved by the Risk Manager for the City as outlined in attached Exhibit "C". WestFest Rodeo and Parade Agreement Page 5 of 13 7.3 INSPECTION OF RECORDS. City shall have the right to 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: SPUR OF THE MOMENT, LLC Christopher T. Burkhart, CEO 1570 Corporate Drive, Suite A Costa Mesa, CA 92626 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. WestFest Rodeo and Parade Agreement Page 6 of 13 7.10 DEMAND FOR ASSURANCE. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and until he/she receives such assurance may, if commercially reasonable, suspend any performance for which the agreed return has not been received. "Commercially reasonable" includes not only the conduct of a party with respect to performance under this Agreement but also conduct with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceeding ten (10) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service, or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. 7.11 THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. [SIGNATURE BLOCK NEXT PAGE] WestFest Rodeo and Parade Agreement Page 7 of 13 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 y a/Zz/zc0`p City r PROMOTER: Check one: _Individual _Partnership_Corporation By: By: Signature (notarized) Signature (notarized) Name: ( - Title: aJ Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Board, President or any Vice President) Chief Financial Officer or any Assistant Treasurer) State of n��Fv r�N/w County of IY� Ueaes i Z)e ss State of County of WIVZey r12 o ss On before e, On bef a me, Per Wally rsonally appeared appeared personally known to me (or, to me on personally known to me (or ved to me on the basis of satisfacto ce) to be the the basis of satisfactoryevidence) to be the Xh ) whose na ) i re subscribed to person(s) whose name is/are subscribed to n instrum n cknowledged to me the within instrumen nd acknowledged to me /she/th a cuted the same in that he/she/they executed the same in jr a o ' ed capacity(ies), and that his/her/their ayt orized capacity(ies), and that r eir gnature(s) on the instrument by his/her/i:Ilrsignature(s) on the instrument on , or the entity upon behalf of the pers h(s), or the entity upon behalf of person(s) acted, executed the which a person(s) acted, executed the nt. inst ment. S my hand and official seal. ITNESS my hand and official seal. APPROVED BY CITY£G `E� ? EP- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,;;,, C�of ,;;,, On - J �, 7before me, %� G14c 6 G9//7 S 6e 1,ae£ 7LTh(9 �i Cam, Date / Hnm d'I In;ort Na o an ro of tho Officor �/ + personally appeared ALL r A✓n !�. ��CJL CUW� �Lh(S7L5_ Name(e)of Slgnertel who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)*are subscribed to the within instrument and acknowledged to me that ,tie/they executed the same in4iisFFig/their authorized capacity(ies), and that by44&4Rer/their signature(s) on the WftlLYNN6pSVW instrument the person(s), or the entity upon behalf of GOMM.PIJBt1t1851'140 which the person(s) acted, executed the instrument. NOT RNERSIOE COUNTY�w Commission ies Mi,2011 w 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature2 Plain Notary Sml Above 661gnamm'e1 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. zJ Document Date:� ),/,t fG?/O�[7 Number of Pages: /5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) / l Signer's Name:( /_//Lt�� P GE! Signer's Name: /kx �G°In4e4 64&A— � G� 7 Individual �y/ LJ Individual �T Corporate Officer—Title(s)! J l' -'�� F�-Corporate Officer-Title(s): V ❑ Partner—El Limited ❑ General _ _ _ ❑ Partner—❑ Limited ❑ General _ LJ Attorney In Fact - ❑Attorney to Fact ❑ Trustee Top of thumb here LJ Trustee Top oI thu qb he r� ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: LJ Other: Signer Is Representing: Signer Is Representing: a- 0200]Nallonal Notary Aesocle0on•B350 De Soto Ave PO Box 2402•CheLwodh CA 9131 3-26D2•wruw.NationalNmaryorg Isom 1l59G] PPoNnr:CPIIToIbFn;c bBGG•WG•G82] WestFest Rodeo and Parade Agreement Page 9 of 13 Exhibit "A° SCOPE OF SERVICES Spur of the Moment, LLC, d/b/a Palm Springs Wild WestFest (hereinafter called "Promoter") shall organize, manage, and produce the WestFest Rodeo and Parade in City of Palm Springs in March of 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, coordinating, staging and otherwise producing the Event Friday, March 12 through Sunday, March 14 at the Caballeros Field Site. 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 at 8:00 a.m. on March 3, 2010 and will occupy the facility until 6:00 p.m. on March 18, 2010. 4. 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. Onsite law enforcement shall be the responsibility of the City's Police Department and at the expense of RSI as determined through the SEPT review process 5. All electrical, water, staging, tenting, fencing and lighting required to stage the Event shall be the responsibility of the Promoter. If WestFest is required to install generators that will provide power to all vendors, generators are to be separated by 20 feet from canopies with an aggregate area greater than 700 square feet. If City provides Electrical and Water to site, meters will be placed and fees for utility use will be billed to promoter at the conclusion of move-out. 6. All amplified sound equipment and lighting shall be directed away from all adjacent residential housing to mitigate the noise impact on the surrounding neighborhood. 7. All trash pickup throughout the Event site shall be the responsibility of the Promoter. Promoter shall be responsible for making any necessary arrangements for onsite trash dumpsters for disposal. Promoter shall handle the ordering and placement of portable toilets. WestFest Rodeo and Parade Agreement Page 10 of 13 8 On Friday, March 12 (2) PSPD officers shall be required for six (6) hours,- on Saturday, March 13 (2) PSPD officers shall be required for six (6) hours, and on Sunday, March 14 (2) PSPD officers shall be required for seven (7) hours, at the Event site. 9. 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. Portable fire extinguishers shall be provided every 150 feet so than no one is more than 75 feet from a fire extinguisher. 10. Promoter shall provide a layout of the Event to be approved by SEPT. 11 Dust Control shall be provided by promoter from March 3, 2010 beginning at 8:00 a.m. and continue until March 18, 2010 at 6:00 p.m. and meet all city standards. 12 PETA Protest Area, Promoter shall designate and provide an area approved by Palms Springs Police Department. 13 The Engineering Division of the City shall be responsible for approving a traffic layout plan provided by RSI through the SEPT review process. All conditions as required by the Engineering Division shall be adhered to within the approval plan at RSI's expense. In addition to this, RSI shall be responsible for maintaining traffic barriers as determined by SEPT. RSI shall be responsible to purchase appropriate signs and pay for the rental of barricades if needed. 14. Promoter shall be responsible for the procurement and maintenance of all onsite portable toilets, the number and locations of which to be determined through the SEPT review process. All sewage disposal from portable toilets throughout the Event site shall be the responsibility of Promoter during the Event. 15. First aid station staff by registered EMT's shall be required on the Event site at Promoter's expense. Promoter shall also be required to pay for two (2) City Deputy Fire Marshalls to be on the Event site throughout the Event as determined by SEPT. 16. All beer gardens or locations dispensing alcohol shall be constructed, maintained and monitored in accordance to a pre-approved plan by the City's Police Department and under the laws and regulations of the State of California as required by the Alcohol and Beverage Control Board (ABC). WestFest Rodeo and Parade Agreement Page 11 of 13 17. No tent staking or tying off to trees, fences or other appurtenances by vendors, entertainers or participants shall be allowed. All guy wires are to be secured to water barrels or similar weighted devices if used. Canopies are to be adequately secured and anchored to withstand weather(wind). 18. Promoter shall be allowed to enter the Event site for pre-Event setup on March 3, 2010 at 8:00 a.m. and must vacate the premises no later than March 18, 2010 at 6:00 p.m., at which time the Event site shall have been restored to its original condition. Promoter is responsible to ensure that street will be reopened in a timely manner through collection of refundable deposit from vendors. 19 Fire access lances must be delineated. Static displays, parked vehicles and motorcycles must not encroach into the emergency lane access. 20. Access to fire hydrants mush be maintained at all times. FDC and fire control systems shall also be accessible from the fire lanes. 21. Multiple canopies with an aggregate area greater than 700 square feet require a fire department permit. 22. No open flame will be permitted when the aggregate area of the canopies is greater than 700 square feet. 23. Multiple canopies can be exempted by creating 12 feet separations prior to the aggregate area exceeding 700 square feet. 24. Displayed motor vehicles under canopies or in haulers shall have batteries disconnected and contain less than 5 gallons of fuel. 25. Promoter to staff and maintain the barricades at the beginning of the closures at all times during the event, and along key points, including side streets, as designated by SEPT in the planning process beginning at 8:00 a.m. on Friday March 12, 2010 through 9:00 p.m., Sunday March 14, 2010. WestFest Rodeo and Parade Agreement Page 12 of 13 Exhibit "B" SCHEDULE OF COMPENSATION AND ESTIMATED COST OF CITY SERVICES Friday, March 12, 2010 - Rodeo PSPD (2 Officers/12 Total Hours) $ 852.00 PSFD (1 Fire Marshal/6 Total Hours) $ 552.00 Subtotal: $ 1,404.00 Saturday, March 13, 2010 - Rodeo PSPD (2 Officers/12 Total Hours) $ 852.00 PSFD (1 Fire Marshal/6 Total Hours) $ 552.00 Subtotal: $ 1,404.00 Sunday, March 14, 2010— Rodeo PSPD (2 Officers/14 Total Hours) $ 994.00 PSFD (1 Fire Marshal/7Total Hours) $ 644.00 Subtotal: $ 1,638.00 Total Rodeo Staffing Casts: $ 4,446.00 Saturday, March 13, 2010 Parade PSPD (3 Officers/ 12 Total Hours) $ 852.00 PSFD (2 Fire Marshals/8 Total Hours) $ 736.00 Parks Department Labor $ 700.00 Street Closure Equipment $ 1,900.00 Street Maintenance Labor $ 3,900.00 Special Event Application Fee $ 229.00 CHP $ 3,800.00 Subtotal: $ 12,117.00 Total Rodeo & Parade: $ 16,563.00 Total Site Capping $ 5,000.00 Payment of fifty percent (50%) of the total estimated costs for the City services (noted above) is required at least seven (7) days in advance of the Event move-in, and the remainder will be due, not more than thirty (30) days after the conclusion of move-out. WestFest Rodeo and Parade Agreement Page 13 of 13 Exhibit "C" INSURANCE REQUIREMENTS Insurance_ The Contractor shall procure and maintain; at its sole cost and expense, in a form and content satisfactory to City, during the entire term of the Agreement, including any extension thereof, the following policies of insurance- (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $2,000,000 bodily injury and property damage, including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Workers' Compensation Insurance. A policy of workers' compensation insurance in any amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employers 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.