HomeMy WebLinkAbout05687 - ROADSHOWS INC EVENT PROMOTION OF AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND 2008 DOCUMENT TRACKING
Page:1
Report: One Document Detail October 18,2010
Condition: Document Number a5687,
Document# Description Approval Date Expiration Date Closed Date
A5687 American Heat PS Motorcycle Weekend 06118/2008 06/30/2010
Company Name: Road Shows, Inc.
4ddress: P 0 Box 2994, Reno,NV 89505
Shone: (775)329-7469 Fax: (775)329-1364
3roup: PARKS&RECREATION Contract Amt. Total Paid Balance
Service: In File $61,250.00 $61,250,00
(Ref: VICKI OLTEAN(760)323-8277
ns.Status: A policy has Expired
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
kdh Council Approved Item 4C 06/18/2008 $35,000.00
kdh to CM for sig 09/16/2008
kdh distrib to Michele Cirone IN FILE 10/03/2008
kdh distrib to Michele Cirone-Collier (for in-kind 10/15/2009 $26,250.00
services)
****** END OFREPORT******
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AGREEMENT FOR EVENT PROMOTION
This Agreement for Event Promotion (hereinafter AAgreement@), governed by the laws of the
State of California, is made and entered into this 30t" day of September, 2009, by and
between the City of Palm Springs, a municipal corporation, hereinafter called ACity,@ and
Road Shows, Inc., a Nevada corporation, hereinafter called APromoter.@
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 American Heat- Palm Springs Motorcycle Weekend
as described herein (hereinafter AEvent@);
WHEREAS, Promoter needs City assistance to produce these events and has requested City
sponsorship through service assistance; and
WHEREAS, the City Council has determined that sponsorship of this event 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 American Heat - Palm Springs
Motorcycle Weekend as generally described in Exhibit AA@ and attached hereto and incorporated
herein by this reference.
1.2 The Event shall be held from October 17 through October 18, 2009.
2. CO-SPONSOR
The parties hereby agree that the City shall be named the exclusive ACo-Sponsor@ of the Event
and that no other co-sponsor shall appear in the title of the Event sponsored under this
Agreement.
3. SPONSORSHIP TERMS FOR THE CITY
3.1 To produce the Event, the City shall provide Promoter with in-kind services, such as police,
fire, parks, and streets personnel as described in Exhibit AB@ of the Agreement. The City shall not
provide Promoter with any cash sponsorship or reduction in fees unless identified in Exhibit AB.@
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HEAT AGREEMENT
September 30, 2009
Page 2 of 12
3.2 Promoter shall be responsible for raising all funds necessary to produce the Event.
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, including all volunteers
and staff members needed to produce the event and excluding only those provided by the City in
Section 5.
4.2 Developing and submitting a preliminary Event schedule and list of all entries, vendors and
pre-registered participants in the Event to the City=s Special Events Planning Team (SEPT) at
least fourteen (14) days prior to each event and again with refinements at least seven (7) days
prior to each event.
4.3 Coordinating all Event routing, staging, street closures, and vendor and participant
placement as required by SEPT at designated SEPT meetings.
4.4. Contracting and paying for all service vendors and technical support, including, but not
limited to, sound, including a public address system, lighting (if applicable), bleachers, generators,
portable toilets, fencing, trash disposal, and security services at related activities described in
Section 4.1.
4.5 Recruiting, coordinating and supervising all volunteers and their activities.
4.6 Obtaining certificates of insurance, liability release forms, and business licenses from all
applicable entries, volunteers, and vendors participating in the Event.
4.7 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 that 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.
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 the Event.
e. Promoting the Event through personal appearances and/or the distribution of
collateral materials.
4.8 Promoter shall provide a post-event report, summarizing the specific revenues and
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HEAT AGREEMENT
September 30, 2009
Page 3 of 12
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 each Event.
5. DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY
5.1 City agrees to provide, at the employee overtime hourly rate, to Promoter all public
services, including police services, emergency medical services, street maintenance services, and
other public services as may be deemed appropriate by SEPT to produce the Event. The
estimated cost of the services will be shown in Exhibit AB@ along with a payment schedule.
5.2 City agrees to make available to Promoter the City=s portable stage and entertainment unit
known as the AShowmobile.@
5.3 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.
6. TERM OF AGREEMENT
6.1 Agreement Period. The effective date of this Agreement shall be from September 30, 2009
to June 30, 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 shall have the option to direct Promoter=s actions with respect to access to
materials or assigning any rights, such as name lists and 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 of 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 occasions 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.
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HEAT AGREEMENT
September 30, 2009
Page 4 of 12
7. GENERAL
7.1 Indemnity. Promoter shall indemnify, defend and hold harmless the City and its officers,
employees and agents of and from any and all claims arising out of or related to the Promoter which
is the subject of this Agreement, including, without limitation, claims of the following nature:
a. Breach of contract.
b. Tortious interference with contractual obligation.
C. Tortious interference with prospective economic advantage.
d. Service mark or copyright infringement and/or dilution.
e. Property damage and/or loss.
f. Negligence.
g. Bodily injury.
h. Personal damage/injury (libel and slander).
The parties hereto acknowledge with respect to the warranties and representations of the
Alndemnity@ section of the Agreement that there shall be no personal liability attached to or
directed toward the officers, directors, employees or independent contractor of the corporation.
Accordingly, the parties hereto agree and acknowledge that the covenants of the indemnification
section of the Agreement only apply to the Promoter.
8. INSURANCE
Not less than thirty (30) days prior to the first scheduled date of the Event, Promoter shall deliver
to the City a certificate of insurance showing the City as an additional insured in a policy or
policies issued by a company approved by the City=s Risk Manager, 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.
9. INSPECTION OF RECORDS
City shall have the right to monitor and inspect all work or records under this Agreement.
10. 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 bind any of the parties hereto. This Agreement supersedes all previous
agreements, if any, between the parties.
11. AMENDMENTS
Any alterations, variations, modifications or waivers of provisions of this Agreement shall be valid
only when reduced to writing duly signed and attached to the original of this Agreement.
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HEAT AGREEMENT
September 30, 2009
Page 5 of 12
12, NOTICES
Communications among the parties hereto shall be addressed as follows:
PROMOTER: Road Shows, Inc.
ATTN: Randy Burke
P.O. Box 2994
Reno, Nevada 89505
Telephone: (775) 329-7469
FAX: (775) 329-1364
CITY: City of Palm Springs
ATTN: David H. Ready, City Manager
P.O. Box 2743
Palm Springs, CA 92262
Telephone: (760) 322-8336
FAX: (760) 323-8207
13. CITY REPRESENTATION
Promoter shall work closely with the City=s Special Events Coordinator, who shall be designated
the ALiaison 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.
14. COMPLIANCE WITH LAWS
Promoter shall comply with all applicable federal, state and local laws, ordinances and regulations.
(SIGNATURES NEXT PAGE)
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HEAT AGREEMENT
September 30, 2009
Page 6 of 12
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
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APPROVED BY
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Name: n Name:
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(This Agreement must be signed in the above space by This Agreement must be signed in the above space by
one of the following: Chairman of the Board, Pre ' t one of the following: Secretary, Chief Financial Officer or
or any Vice President) any Assistant Treasurer)
State of State of
County of�,X-14,A -1*-- ss County of ss
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emideticio to be the person(s) whose name(s) jAlare subscribed to the within instrument and acknowledged to
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
me that Le/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
authorized capacity(ies), and that by _his/her/their signature(s)on the instrument the person(s),or the entity
signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the
upon behalf of which the person(s) acted, executed the instrument.
instrument. WITNESS my hand and official seal.
WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
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HEAT AGREEMENT
September 30, 2009
Page 7 of 12
EXHIBIT AA@
SCOPE OF SERVICES
Promoter, Road Shows, Inc. (RSI), shall organize, manage and produce the annual American
Heat- Palm Springs Motorcycle Weekend event (AEvent@) for the City of Palm Springs (ACity@)
in October during the term of this Agreement. Production of the Event shall include, but not be
limited to, the following:
1. RSI shall be responsible for developing the schedule of activities, site map, and
Event layout to the satisfaction and requirements of the City=s Special Events
Planning Team (SEPT).
2. RSI shall be required to mitigate the neighborhood noise impact from the Event by
way of signage indicating ALocal Traffic Only@ west of Palm Canyon Drive. RSI to
pay for all necessary signage for ALocal Traffic Only@ to be placed in the Tennis
Club neighborhood.
3. Prior to the event, a Deputy Fire Marshal shall walk the event route with RSI
promoter to clearly identify choke points, access points, fire hydrant access, the first
aid station and other pertinent information which shall be incorporated into the event
map.
4. 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.
5. RSI shall be responsible for all onsite security through the use of a qualified security
company approved by the City=s Police Department and all volunteer or paid staff as
needed to man and stage the Event as required through the SEPT review.
6. All electrical and lighting required to stage the Event on the Event site shall be the
responsibility of RSI. RSI 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.
7. All amplified sound equipment and lighting are to be directed away from all adjacent
residential housing. This is generally considered to be to the west of the venue.
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HEAT AGREEMENT
September 30, 2009
Page 8 of 12
EXHIBIT AA@ - SCOPE OF SERVICES
8. During the Event, all trash pickup throughout the Event site shall be the responsibility
of RSI with the assistance of City staff as requested. RSI shall be responsible to
make the necessary arrangements for onsite trash dumpsters for disposal.
9. RSI 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 disposals from portable toilets throughout the Event site shall
be the responsibility of RSI during the Event.
10. A first aid station staff by registered EMT=s licensed by Riverside County EMS shall
be required on the Event site at RSI=s expense. First Aid Station to have basic
medical supplies and an operational cell phone. First Aid Station to be located near
the center of the event, clearly marked with signs and a flag, and must be easily
accessible to a transport ambulance.
11. 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. RSI
shall also be required to pay for two (2) City Deputy Fire Marshals to be on the Event
site throughout the Event as determined by SEPT.
12. No fueling in canopies, tents or haulers will be permitted.
13. 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 shall not be
considered acceptable as a City business license. All vendor permits must be
submitted no later than ten (10) days prior to the Event.
14. Per the discussions with SEPT, there will be no beer gardens or locations
dispensing alcohol in the street layout.
15. 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).
16. RSI shall be allowed to enter the Event site for pre-Event setup on Saturday
morning, October 17, at 4:45 a.m. and must vacate the premises no later than
Sunday, October 18, at 9:00 p.m., at which time the Event site shall have been
restored to its original condition and re-opened to traffic. RSI to ensure that
street will be reopened in a timely manner through collection of refundable
deposit from vendors. `IK
HEAT AGREEMENT
September 30, 2009
Page 9 of 12
EXHIBIT AA@ - SCOPE OF SERVICES
17. No vendors will be permitted from Outlaw Motorcycle Gangs (OMG). A list of all
participating vendors is due ten (10) days prior to the event for review by PSPD. A
final and confirmed list of vendors is due not later than seven (7) days prior to City
representative. Promoter is subject to a for any vendors submitted
after the required submittal date.
18 City to sign no parking on Alejo Road between Belardo Road and Indian Canyon
Way to allow for effective traffic flow through the traffic detour.
19. RSI to provide on-site contact for merchant complaints throughout the entire
event. RSI to provide cell phone numbers for contact.
20. RSI and Mainstreet to coordinate and arrange access for delivery trucks, US
Postal Service, UPS, and other package delivery services throughout the two
day closure.
21. Sunline Transit schedule to be provided to RSI for redirection of passengers
seeking bus transit.
22. Vendor Layout will be in along the curb on both the east and west sides of the street
in the manner of VillageFest. RSI must maintain an unobstructed width of 20 feet
down the center for the entire length of the event. A vertical clearance of 13'6"must
be maintained clear of obstructions in the fire access lanes.
23. Fire access lanes must be delineated. Static displays, parked vehicles and
motorcycles must not encroach into the emergency lane access. Fire lanes must be
kept clear at all times by RSI personnel.
24. Firefighter access must be provided to within 150 feet of exterior first story of all
buildings that face Palm Canyon and side streets.
25. Access to fire hydrants must be maintained at all times. FDC and fire control
systems shall also be accessible from the fire lanes.
26. 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 two
weeks prior to the event.
27. All vendors utilizing tent/canopies must comply with the Palm Springs Fire
Department "Tent Requirements." No smoking is permitted in tents/canopies.
28. No open flame or cooking in tents and canopies. A 10 foot additional open cooking
area will be provided to vendors cooking food with open flame appliances. Physical
barriers are to be provided to safely separate cooking appliances from the public.
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HEAT AGREEMENT
September 30, 2009
Page 10 of 12
EXHIBIT "A"
SCOPE OF SERVICES
29. Displayed motor vehicles under canopies or in haulers shall have batteries
disconnected and contain less than 5 gallons of fuel.
30. Open flame cooking appliances shall be separated from tents/canopies by a
minimum of five feet. In those areas where food is cooked or where there is an
open flame, a portable fire extinguisher of a minimum size 2-A 10BC is required. a
"K"type portable wet agent fire extinguisher is required in each cooking area where
deep fat frying or hot oil cooking occurs.
31. 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 4:45 a.m. Saturday, October 17
through 9:00 p.m., Sunday, October 18. All event staff manning barricades are
required to wear a type-2 reflective safety vest at all times. Evening shift personnel
additionally must be equipped with flashlights while staffing the barricades.
32. All traffic within the event zone must continue to move at all times.
33 No motor vehicle/motorcycle traffic inside the vendor areas of Palm Canyon Drive
during the hours the event is open to the public.
34. 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.
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HEAT AGREEMENT
September 30, 2009
Page 11 of 12
EXHIBIT AB@
SCHEDULE OF COMPENSATION AND
DESCRIPTION OF CITY SERVICE COSTS
Cost Estimate for City Employee Costs and Equipment Rental for Venue
Parks Division estimate $ 3,200
Public Works Department estimate 5,273
Fire Department estimate 7,392
Special Events Staff estimate 1,100
Police Department estimate 21,110
SUBTOTAL $ 38,075
City In-Kind Sponsorship - 26,250
Estimated Balance Due from Promoter $ 11,825
City agrees to waive the per-space rental cost for the use of the Showmobile for the duration of
the Event.
The City will contribute Twenty-six thousand five hundred dollars ($26,250)for City services. RSI
is required to pay for all City services above and beyond the City=s contribution for the Event as
determined by the SEPT review process and outlined in Exhibit AB@. Payment of fifty percent
(50%) of the total estimated remaining costs for City services is required at least seven (7)days in
advance of the Event or immediately upon conclusion of the final SEPT meeting prior to the
Event, whichever is later.
The remaining cost of services is due within seven (7) days following the conclusion of the Event.
HEAT AGREEMENT
September 30, 2009
Page 12 of 12
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.
�Y.
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AGREEMENT FOR EVENT PROMOTION
This Agreement for Event Promotion (hereinafter "Agreement"), governed 1 by the laws of the
State of California, is made and entered into this day of , 2008,
by and between the City of Palm Springs, a municipal corporation, hereina ailed "City," an
Road Shows, Inc., a Nevada 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 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 American Heat - Palm Springs Motorcycle
Weekend as described herein (hereinafter "Event");
WHEREAS, Promoter needs City assistance to produce these events and has requested City
sponsorship through service assistance; and
WHEREAS, the City Council has determined that sponsorship of this event 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 American Heat - Palm Springs
Motorcycle Weekend as generally described in Exhibit "A" and attached hereto and
incorporated herein by this reference.
1.2 The Event shall be held from October 10 through October 12, 2008.
2. CO-SPONSOR
The parties hereby agree that the City shall be named the exclusive "Co-Sponsor" of the
Event and that no other co-sponsor shall appear in the title of the Event sponsored under
this Agreement.
3. SPONSORSHIP TERMS FOR THE CITY
3.1 To produce the Event, the City shall provide Promoter with in kind services, such as
police, fire, parks, and streets personnel as described in Exhibit"B" of the Agreement.
The City shall not provide Promoter with any cash sponsorship or reduction in fees
unless identified in Exhibit "B."
3.2 Promoter shall be responsible for raising all funds necessary to produce the Event.
OC��C UAL BCC �-S rb'�l
AGREEMENT FOR EVENT PROMOTER
2008 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND
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, including all
volunteers and staff members needed to produce the event and excluding only those
provided by the City in Section 5.
4,2 Developing and submitting a preliminary Event schedule and list of all entries, vendors
and pre-registered participants in the Eventtothe City's Special Events Planning Team
(SEPT) at least sixty (60) days prior to each event and again with refinements at least
twenty (20) days prior to each event.
4.3 Coordinating all Event routing, staging, street closures, and vendor and participant
placement as required by SEPT at designated SEPT meetings.
4-4- Contracting and paying forall service vendors and technical support, including, but not
limited to, sound, including a public address system, lighting (if applicable), bleachers,
generators, portable toilets, fencing, trash disposal, and security services at related
activities described in Section 4.1.
4.5 Recruiting, coordinating and supervising all volunteers and their activities.
4-6 Obtaining certificates of insurance, liability release forms, and business licenses from
all applicable entries, volunteers, and vendors participating in the Event-
4.7 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 that 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.
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 the Event.
e. Promoting the Event through personal appearances and/or the distribution of b
collateral materials.
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AGREEMENT FOR EVENT PROMOTER
2008 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND
4.8 Promoter shall provide a post-event report, summarizing the specs is revenues an
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 each Event.
5. DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY
5.1 City agrees to provide, at the employee overtime hourly rate, to Promoter all public
services, including police services, emergency medical services, street maintenance
services, and other public services as may be deemed appropriate by SEPT to
produce the Event. The estimated cost of the services will be shown in Exhibit "B"
along with a payment schedule.
5.2 City agrees to make available to Promoter the City's portable stage and entertainment
unit known as the "Showmobile."
5.3 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.
6. TERM OF AGREEMENT
6.1 Agreement Period. The effective date of this Agreement shall be from September 1,
2008 to September 1, 2009.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.
62 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 fortermination 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 shall have the option to direct
Promoter's actions with respect to access to materials or assigning any rights, such as
name lists and 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 of 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 occasions 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.
a
3
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AGREEMENT FOR EVENT PROMOTER
2008 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND
7. GENERAL
7.1 Indemnity. Promoter shall indemnify, defend and hold harmless the City and its
officers, employees and agents of and from any and all claims arising out of or related
to the Promoter which is the subject of this Agreement, including, without limitation,
claims of the following nature:
a. Breach of contract.
b. Tortious interference with contractual obligation.
c. Tortious interference with prospective economic advantage.
d. Service mark or copyright infringement and/or dilution.
e. Property damage and/or loss.
f. Negligence.
g. Bodily injury.
h. Personal damage/injury (libel and slander).
The parties hereto acknowledge with respect to the warranties and representations of
the "Indemnity" section of the Agreement that there shall be no personal liability
attached to or directed toward the officers, directors, employees or independent
contractor of the corporation. Accordingly, the parties hereto agree and acknowledge
that the covenants of the indemnification section of the Agreement only apply to the
Promoter.
8. INSURANCE
Not less than thirty (30) days prior to the first scheduled date of the Event, Promoter shall
deliver to the City a certificate of insurance showing the City as an additional insured in a
policy or policies issued by a company approved by the City's Risk Manager, 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.
9. INSPECTION OF RECORDS
City shall have the right to monitor and inspect all work or records under this Agreement.
10, 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 bind any of the parties hereto. This Agreement supersedes all previous
agreements, if any, between the parties.
s
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AGREEMENT FOR EVENT PROMOTER
2008 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND
11. AMENDMENTS
Any alterations, variations, modifications or waivers of provisions of this Agreement shall be
valid only when reduced to writing duly signed and attached to the original of this
Agreement.
12. NOTICES
Communications among the parties hereto shall be addressed as follows:
PROMOTER: Road Shows, Inc.
ATTN: Randy Burke
P. O. Box 2994
Reno, Nevada 89505
Telephone: (775) 329-7469
FAX: (775) 329-1364
CITY: City of Palm Springs
ATTN: David H. Ready, City Manager
P. O. Box 2743
Palm Springs, CA 92262
Telephone: (760) 322-8336
FAX: (760) 323-8207
13. 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.
14. COMPLIANCE WITH LAWS
Promoter shall comply with all applicable federal, state and local laws, ordinances and
regulations.
(SIGNATURES ON NEXT PAGE)
ti
5
AGREEMENT FOR EVENT PROMOTER
2008 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND
IN WITNESS WHEREOF, the parties have executed and entere Into t Is greemen as o e
date first written above.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
Y.
ty Clerk Vb/ �$po$ City Manager '
CONTRACTOR Check one: Individual Partnership Eorporation
APPROVED BY MY COUNCIL
By:
'ti Imo.;
. r a , tip•^ By:
Signature (notarized) Signature (notarized)
Name:
Title: q 2- �rw•�ws ^�� Title:
(This Agreement must be signed in the above space by one of the (This Agreement must be signed in the above space by one of the
following:Chairman ofthe board,President,orany Vice President.) following:Chairman ofthe board,President,or any vice President.)
(n C\/s
State of zj' } State of
e
County of e— } County of }
On G�L�JIi ,before me ovp` 1f_` on before me
personally appeared � '� "Y+�r„f personally appeared
personally known tome(or proved to me qa the basis of satisfactory evidence) personally known to me(or proved to me on the basis of satisfactory evidence)
to be the person(s)whose name(s)is/are subscribed to the within instrument to be the person(s)whose name(s)is/are subscribed to the within instrument
and acknowledged to me that helshelthey executed the same In his/hedtllelr and acknowledged to me that he/sha/they executed the same in his/heritheir
authorized capacity(ies), and that by his/her/their signature(n) on the authorized capaclty(ios) and that by hlsMer/their signature(s) on the
instrument, the perspn(e) or the entity upon behalf of which the persan(s) instrument, the person(s)or the entity upon behalf of which the person(s)
acted,executed the Instrument. acted executed the instrument
WITNESS my hand and official seal. WITNESS my hand and ol'fcrel seal
Notary Signature: �� Notary Signature
•f '
Notary Seal )` Notary Seal:
RYAN TARVER
NOTARY PUBLIC
v r',
STATE OF
.✓; NEVA972
PT.No.003A-
MY APPATP.EXPIRES MAY 25.2010
J�
APPROVED BY CITY COUNCILp
6
AGREEMENT FOR EVENT PROMOTER
2008 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND
EXHIBIT "A"
SCOPE OF SERVICES
Promoter, Road Shows, Inc. (RSI), shall organize, manage and produce the annual American
Heat- Palm Springs Motorcycle Weekend event ("Event") for the City of Palm Springs ("City") in
October of each year during the term of this Agreement. Production of the Event shall include, but
not be limited to, the following:
1. RSI shall be responsible for organizing, planning, managing, coordinating, staging and
otherwise producing the Event on from October 10 through October 12, 2008 on Palm
Canyon Drive between Alejo and Baristo roads.
2. RSI shall be responsible for developing the schedule of activities,site map, and Event layout
to the satisfaction and requirements of the City's Special Events Planning Team (SEPT).
3. RSI shall be required to mitigate the neighborhood noise impact from the Event by way of
signage indicating "Local Traffic Only" west of Palm Canyon Drive.
4. Portable fire extinguishers shall be provided every 150 feet so than no one is more than 75
feet from a fire extinguisher.
5. 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-
6- RSI shall be responsible for all onsite security through the use of a qualified security
company approved bythe City's Police Department and all volunteer or paid staff as needed
to man and stage the Event as required through the SEPT review.
7. All electrical and lighting required to stage the Event on the Event site shall be the
responsibility of RSI. RSI is required to install generators that will provide power to all
vendor. The vendor layout requires that all vendors will be located in the center of the
street. Generators are to be separated by 20 feet from canopies with an aggregate area
greater than 700 square feet.
8. All amplified sound equipment and lighting are to be directed away from all adjacent
residential housing. This is generally considered to be to the west of the venue.
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EXHIBIT "A" - SCOPE OF SERVICES
PAGE 2 OF 2 PAGES
AGREEMENT FOR EVENT PROMOTER
2008 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND
9. During the Event, all trash pickup throughout the Event site shall be the responsibility of RSI
with the assistance of City staff as requested. RSI shall be responsible to make the
necessary arrangements for onsite trash dumpsters for disposal.
10. RSI 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 RSI during the Event.
11. A first aid station staff by registered EMT's shall be required on the Event site at BSI's
expense. RSI shall also be required to pay for three (3) City Deputy Fire Marshalls to be on
the Event site throughout the Event as determined by SEPT.
12. Onsite law enforcement shall be the responsibility of the City's Police Department and atthe
expense of RSI as determined through the SEPT review process.
13. No fueling in canopies, tents or haulers will be permitted.
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 orwithin vendor
booths throughout the Event. VillageFest licenses shall not be considered acceptable as a
City business license.All vendor permits must be submitted no later than fourteen (14)days
prior to the Event.
15. 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).
16. 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).
17. RSI shall be allowed to enter the Event site for pre-Event setup on Friday, October 10, at
8:00 a.m. and must vacate the premises no later than Sunday, October 12, at 9:00 p.m., at
which time the Event site shall have been restored to its original condition and re-opened
to traffic. RSI to ensure that street will be reopened in a timely manner through collection
of refundable deposit from vendors. �<
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18. No vendors will be permitted from Outlaw Motorcycle Gangs (OMG).A list of all participating �,Sl
vendors is due fourteen (14) days prior to the event for review by PSPD. A final and
confirmed list of vendors is due not later than seven (7) days prior to City repres ey"ta tive. �� o
� or
EXHIBIT "A" - SCOPE OF SERVICES
PAGE 3 OF 3 PAGES
R EVENT PROMOTER
2008 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND
19. City to sign no parking on Alejo Road between Belardo Road and Indian Canyon Way to
allow for effective traffic flow through the traffic detour.
20. RSI and Mainstreetto provide on-site contactfor merchant complaints throughoutthe entire
event. RSI and Mainstreet to provide cellphone numbers for contact.
21. RSI and Mainstreet to coordinate and arrange access for deliverytrucks, US Postal Service,
UPS, and other package delivery services throughout the three day closure.
22. Sunline Transit schedule to be provided to RSI for redirection of passengers seeking bus
transit.
23. Vendor Layout will be in the center of the street and RSI must maintain an unobstructed
width of 16 feet and seventeen (17)feet must be provided for the entire length of the event,
vertical clearance of 13'6" must be maintained clear of obstructions in the fire access lanes.
24. Fire access lances must be delineated. Static displays, parked vehicles and motorcycles
must not encroach into the emergency lane access.
25. Firefighter access must be provided to within 150 feet of exterior first story of all buildings
that face Palm Canyon and side streets.
26. Access to fire hydrants mush be maintained at all times. FDC and fire control systems shall
also be accessible from the fire lanes.
27. Multiple canopies with an aggregate area greater than 700 square feet require a fire
department permit.
28. No open flame will be permitted when the aggregate area of the canopies is greater than
700 square feet.
29. Multiple canopies can be exempted by creating 12 feet separations prior to the aggregate
area exceeding 700 square feet.
30. Displayed motor vehicles under canopies or in haulers shall have batteries disconnected
and contain less than 5 gallons of fuel.
31. RSI to pay for necessary signage for "Local Traffic Only" to be placed in the Tennis Club
neighborhood.
32. 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 8:00 a.m. Friday, October 10 through 9:00 p.m., Sunday, R
October 12. All traffic within the event zone must be kept moving at all times.
EXHIBIT "B"
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SCHEDULE OF COMPENSATION AND
DESCRIPTION OF CITY SERVICE COSTS
Cost Estimate for City Employee Costs and Equipment Rental for Venue
Parks Division estimate $ 8,000
Public Works Department estimate 4,425
Fire Department estimate 5,340
Special Events Staff estimate 1,200
Police Department estimate 49,100
SUBTOTAL $68,065
City agrees to waive the per-space rental cost for the use of the Showmobile for the duration of
the Event.
The City will contribute Thirty-five thousand dollars ($35,000) for City services. RSI is required
to pay for all City services above and beyond the City°s contribution for the Event as determined
by the SEPT review process and outlined in Exhibit °B". Payment of fifty percent (50%) of the
total estimated remaining costs for City services is required at least seven (7) days in advance of
the Event or immediately upon conclusion of the final SEPT meeting priorto the Event, whichever
is later.
The remaining cost of services is due within seven (7) days following the conclusion of the Event.
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I L � T � _�
Alejo Road
XXXIXXX
AMERICAN HEAT 2008
MOTORCYCLE FEDTIVAL Bikes
OCT013ER JOT" -- 12TH
PALM IPRINGJ, CA
Option #1
x
• x x • Amado Road
Hyatt Entrance X •
Access XXXXX
• Designates Soft Closure x • r Andreas Road
• Vendors
x besignates Hard Closure
x
O
v
X
• x ° c�i x • Tahquitz Cyn Way
0
a
L
6
c
Vendors
v°
c
0
H
• x XXXXXX x •
• x x ► • Arenas Road
XXX XXX
North
Bikes
XXX XXX
1l S Baristo Road