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HomeMy WebLinkAbout05599 - KRAFT NABISCO CHAMPIONSHIP EVENT PROMOTION AGR DOCUMENT TRACKING Page:1 Report: One Document Detail August 4,2010 Condition: Document Number a5599, Document# Description Approval Date Expiration Date Closed Date A5599 Sponsorship Agreement 12/19/2007 04/25/2008 Company Name: Kraft Nabisco Championship Address: , , Group: ADMINISTRATION Contract Amt. Total Paid Balance Service: In File $26,000.00 $26,000.00 KRef: TROY BLITZLAFF (760)323-8202 Ins.Status: Certificate and Policies are OK Document,Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid kdh Council approved Item 5C 12/19/2007 $26,000.00 kdh to CM for sig 02/29/2008 kdh distrib to Marilynn H IN FILE 03/03/2008 ******ENDOFREPORT****** AGREEMENT FOR EVENT PROMOTION Kraft Nabisco Championship This Agreement governed by the laws of the State of California is made and entered into this 11 day of February, 2008 by and between the City of Palm Springs, a municipal corporation, hereinafter called "CITY" and the Kraft Nabisco Championship, a California Non- Profit Corporation, hereinafter called "PROMOTER". RECITALS WHEREAS, the CITY COUNCIL recognizes the intrinsic value of cultural, promotional and educational events and the role they play in enhancing and expanding the economic vitality and image of the CITY; WHEREAS, the City Council provides funding assistance to eligible organizations for the purpose of promoting cultural, promotional and educational events and/or activities that generally benefit the community; WHEREAS, PROMOTER is the producer of a major woman's golf tournament as described herein (hereinafter "EVENT"); WHEREAS, the EVENT, which is the first "major" tournament of the year on the LPGA Tour, is held at Mission Hills Country Club in Rancho Mirage beginning March 31 through April 6, 2008; WHEREAS, the EVENT also features several other activities including a Gala Dinner, a dine-a-round, and the opening and closing dinners all of which are held in Palm Springs; WHEREAS, two local hotels, the Spa Hotel and Hilton Hotel, have served as the host hotels for the EVENT since its inception in 1972; WHEREAS, PROMOTER needs financial assistance to produce this EVENT and has requested CITY sponsorship, WHEREAS, the CITY COUNCIL. has determined that this EVENT will generate economic benefit and name recognition for the CITY; WHEREAS, the CITY COUNCIL does hereby find that sponsorship of this EVENT would be of public benefit. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1.0 EVENT DESCRIPTION, DATE AND LOCATION 1.1 PROMOTER shall organize, manage and produce the EVENT as generally described in Exhibit "A" and attached hereto and incorporated herein by this reference. C7, aa�9�CN AGREEMENT FOR EVENT PROMOTION Kraft Nabisco Championship 1.2 The EVENT shall be held from March 31 through April 6, 2008 at various locations both within and outside of the City. In no event shall alternate dates be set without the express written approval of CITY. 2.0 CREDIT LINE 2.1 The City shall be recognized as a "Sponsor" in advertising related to the EVENT. For promotional purposes the EVENT shall include the City's logo type or official seal in paid media (advertising), publications, and onsite signage. It is understood by the Parties that due to the timing of this Agreement, contractual obligations between PROMOTER and other third parties, limitations of certain advertising media, etc., that PROMOTER will be unable to include the CITY in all advertising related to the 2008 EVENT. PROMOTER, however, agrees to make a commercially reasonable effort to include the CITY in available advertising of the 2008 EVENT. 3.0 SPONSORSHIP TERMS FOR THE CITY 3.1.1 To produce the EVENT, the CITY will provide PROMOTER with Twenty Six Thousand Dollar ($26,000) cash sponsorship (herein "Contract Sum"). The City shall disburse funds upon execution of said agreement unless otherwise changed by the City. PROMOTER is responsible for raising all funds necessary to produce the EVENT in excess of the City's Contract Sum. 3.1.2 Provided PROMOTER is not in default under this Agreement, the Contract Sum shall be paid as follows: (i) $20,000 at such time as this Agreement has been fully executed by both parties; (ii) the sum of $6,000 on or before April 25, 2008. City shall have no obligation to make the payment to PROMOTER due April 25, 2008 if the EVENT is not held on the dates specified in Section 1.2. 3.2 The PROMOTER shall provide City Twenty Five (25) Credentials allowing access to the EVENT as the parties agree is necessary in order for City to fully enjoy its benefits. 3.3 The PROMOTER shall provide City one (1) table of ten (10) at their Gala Dinner held at the Palm Springs Convention Center on April 1, 2008. 3.4 Subject to the limitations outlined in Section 2.1 above, PROMOTER agrees to make a commercially reasonable effort to position The City as a Sponsor in advertising related to the 2008 EVENT. Examples of advertising include, but are not limited to: 3.4.1 Program — City shall receive space to place one (1) full-page advertisement in the EVENT's official program for marketing and promotion purposes. Final Agreement --2/11/2008 Page 2 of 2 AGREEMENT FOR EVENT PROMOTION Kraft Nabisco Championship 3.4.2 Collateral Materials — To the extent possible, City shall be prominently position and named as a Sponsor in any additional printed materials that are created to promote EVENT. 3.5 The City shall be identified as a Sponsor of the EVENT on the PROMOTER's website page at www.kncqolf.com for a term of no less than ninety (90) days. There shall be a hyperlink from the PROMOTER's web site to the City's web site at www.palmsprings- ca.gov. The parties agree that said link may be "Framed" whereby material or pages from the linked web site appear in a frame on the site which creates the link. The parties expressly recognize their individual obligations and responsibilities for the content, quality, accuracy or completeness of materials contained on their respective web sites and agree to hold each other harmless from any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the respective sites and/or the materials contained an either site whether the materials contained on the site are provided by the City or the PROMOTER. 3.6 PROMOTER will provide a post EVENT report to the CITY's representative sixty (60) days following the close of the EVENT. At a minimum, this report should include, but is not limited to the number of attendees, publicity received and final costs to produce EVENT. 4.0 PRODUCTION SERVICES TO BE PROVIDED BY PROMOTER As the producer of the EVENT, PROMOTER will provide production services including but not limited to the following and will accept all financial responsibility for such services. 4.1.1 Securing the necessary venues for the EVENT. 4.1.2 Contracting and paying for all service vendors and technical support including, but not limited to sound, including a public address system, lighting, catering, and security services at related activities for the EVENT. 4.1.3 Recruitment, coordination and supervision of volunteers and all their activities. 4.1.4 Obtain certificates of insurance and liability release forms from all volunteers and vendors participating in EVENT. 4.1.5 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. 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. Final Agreement --2/11/2008 Page 3 of 3 AGREEMENT FOR EVENT PROMOTION Kraft Nabisco Championship d) Coordinating with the CITY's Bureau of Tourism to promote EVENT if deemed appropriate. e) Promoting EVENT through personal appearances and/or the distribution of collateral materials. 4.2 DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY. 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. Final Agreement --2/11/2008 Page 4 of 4 AGREEMENT FOR EVENT PROMOTION Kraft Nabisco Championship 5.0 TERM OF AGREEMENT. The effective date of this Agreement shall be February 1, 2008 through April 25, 2008. 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. 5.1 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. 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. 5.2 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. 5.3 REIMBURSEMENT. All amounts paid to PROMOTER pursuant to 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. 6.0 GENERAL 6.1 INDEMNITY. PROMOTER and City agree that City, (its officers, employees and agents) should, to the maximum extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. PROMOTER acknowledges that City would not permit the EVENT described herein in the absence of this commitment from PROMOTER to indemnify and protect City as set forth here. To the full extent permitted by law, PROMOTER shall defend, indemnify and hold harmless City, its officers, agents, employees, and volunteers from all loss, cost, and expense arising out of any liability or claim of liability for personal injury, bodily injury to persons, contractual liability and damage to property sustained or claimed to have been sustained arising out of activities of the PROMOTER or those of any of its officers, agents, or employees, whether Final Agreement --2/11/2008 Page 5 of 5 AGREEMENT FOR EVENT PROMOTION Kraft Nabisco Championship such act is authorized by this Agreement or not; and PROMOTER shall pay for any and all damage to the property of the City, or loss or theft of such property, done or caused by such persons. City assumes no responsibility whatsoever for any property placed on the premises. PROMOTER further agrees to waive all rights of subrogation against City. The provisions of this Section do not apply to any damage or loss caused solely by the negligence of the City or any of its agents or employees. In the event PROMOTER fails to obtain such indemnity obligations from others as required here, PROMOTER agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of PROMOTER and shall survive the termination of this Agreement or this section. 6.2 INSPECTION or RECORDS. CITY shall have the right to monitor and inspect all work or records under this Agreement. 6.3 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. 6.4 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. 6.5 NOTICES. Communications among the parties hereto shall be addressed as follows: PROMOTER: Kraft Nabisco Championship Terry Wilcox, President Two Racquet Club Drive Rancho Mirage, CA 92270 (760) 324-4546 FAX (760) 321-0201 CITY. CITY OF PALM SPRINGS David H. Ready, City Manager P.O. Box 2743 Palm Springs, CA 92262 (760) 323-8202 FAX (760) 323-8207 6.6 CITY REPRESENTATION, The City Manager and or his designee shall be designated the "Liaison Representative of City." PROMOTER shall work closely with the Liaison Representative of City to keep the CITY currently advised on the status of EVENT. Final Agreement --2/11/2008 Page 6 of 6 AGREEMENT FOR EVENT PROMOTION Kraft Nabisco Championship 6.7 COMPLIANCE WITH LAWS. PROMOTER shall comply with all applicable federal, state, and local laws, ordinances and regulations. 6.8 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 items in this Agreement 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. 6.9 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. 6.10 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] Final Agreement -2/11/2008 Page 7 of 7 AGREEMENT FOR EVENT PROMOTION Kraft Nabisco Championship 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. City Clerk 63 2� City Maer APPROVED BY CITY COUNCIL Kraft Nabisco Championship J p APPROVED AS TO FORM: Sign ture(notarized) Name. I e r r c4 W , l e-ng p Title: Title•�uL'—ft n Av_r�,¢,,'+ D i r•e k' 'Z This Agreement must be signed in the above space by one of the following: Executive Director, Secretary, Chief Financial Officer or any Assistant Treasurer) State OF u County of uss a `cL 9 aie�2n u ,I¢.a� before mo,pe personally appeared 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 and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Notary Signature. Notary Seal: Final Agreement --2/11/2008 Page 8 of 8 AGREEMENT FOR EVENT PROMOTION Kraft Nabisco Championship EXHIBIT "A" Description of Event EVENT The Kraft Nabisco Championship is the first "major" tournament of the year on the LPGA Tour. The 2008 tournament will be played for the 37th year on the Dinah Shore Tournament Course at Mission Hills Country Club. DATES Monday, March 31 - Practice Rounds Tuesday, April 1 --Wednesday, April 2 - Celebrity Pro-Am Thursday, April 3 -- Sunday, April 6 - Championship Play SITE Mission Hills Country Club, Rancho Mirage, CA Dinah Shore Tournament Course Par 36-36 - 72 (6,569 yards) GALA Held on April 1" at the Palm Springs Convention Center Final Agreement --2/11/2008 Page 9 of 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On February 12,2008, before me, Christina R. Kelly, a Notary Public,personally appeared Terry Wilcox, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERTURY under the laws of the State of California that the'foregoing paragraph is true and correct- WITNESS my hand and official seal. CHRISTINA R. KELLY COMM.#1538296 NOTARY PUlUC•cAuroRm RNERSIDE COUNTY Cvmm F:xp..V,N.22,2a09 Notary Public Notary Seal OPTIONAL Description of Attach Document Title or Type of Document: Agreement For Event Promotion Document Date: Number of Pages: 9—