HomeMy WebLinkAbout05533 - PALM SPRINGS HIGH SCHOOL BAND BOOSTERS EVENT PROMOTION AGR FOR CONCERT 2/12/08 DOCUMENT TRACKING
Page:1
Report: One Document Detail August 4,2010
Condition: Document Number a5533,
Document# Description Approval,Date Expiration Date Closed Date
A5533 sponsorship of Spirit of the Sands Concert Series 07/25/2007 06/30/2008
Company Name: Palm Springs High School
Address:
Group: ADMINISTRATION Contract Amt. Total Paid Balance
Service: In File $6,000.00 $6,000.00
(Ref: 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 Authorized by Council 07/25/2007 $6,000.00
Track Notes: Did not use a minute order no.
kdh note to Troy--re status 01/29/2008
kdh to CM for sig-ins ok-Troy will waive WC 02122/2008
kdh distrib to Marilynn H IN FILE 02/28/2008
*** *ENDOFREPORT******
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AGREEMENT FOR EVENT PROMOTION
Palm Springs High School "Spirit of the Sand" Marching Band
This Agreement, governed by the laws of the State of California, is made and
entered into this 28th day of January, 2008 by and between the City of Palm Springs, a
municipal corporation, hereinafter called "CITY," and Palm Springs High School Band
Boosters, hereinafter called "PSHS BAND BOOSTERS."
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; and
WHEREAS, the City Council provides funding assistance to eligible organizations
for the purpose of providing cultural and promotional events and/or activities that
generally benefit the community; and
WHEREAS, PSHS BAND BOOSTERS plans to produce a "Beatles Come
Together" concert, hereinafter called "CONCERT," as a fundraising event on February 12,
2008; and
WHEREAS, PSHS BAND BOOSTERS is an intrinsic part of the Palm Springs
community; and
WHEREAS, PSHS BAND BOOSTERS needs financial assistance to produce the
concert and has requested CITY sponsorship; and
WHEREAS, the City Council has determined that sponsorship of the CONCERT
would be of public benefit.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. CONCERT DATES AND LOCATION
1.1 PSHS BAND BOOSTERS shall organize, manage and produce the
CONCERT as generally described in Exhibit "A" and attached hereto and incorporated
herein by this reference.
1.2 The CONCERT shall be held on February 12, 2008 at Palm Springs High
School Auditorium.
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AGREEMENT FOR EVENT PROMOTION
Palm Springs High School Band Boosters
2. TITLE SPONSOR
2.1. The parties hereby agree that the CITY shall be named the exclusive
'Title Sponsor' of the CONCERT and that no other sponsor shall appear in the title of the
CONCERT sponsored under this agreement.
2.2 The CITY shall be recognized as the 'Title Sponsor" in all advertising.
For promotional purposes, the CONCERT shall include the following credit line in all
paid media (advertising), publications, and signage: "sponsored by the City of Palm
Springs."
3. SPONSORSHIP TERMS FOR THE CITY
3.1 To produce the fundraising CONCERT contemplated under this
Agreement, the CITY shall provide PSHS BAND BOOSTERS with a Three Thousand
Dollar ($3,000) cash sponsorship (herein "Contract Sum"). PSHS BAND BOOSTERS
shall be responsible for raising all funds necessary to produce the CONCERT in excess
of the Contract Sum.
32 Provided PSHS BAND BOOSTERS is not in default under this
Agreement, the Contract Sum shall be paid as follows: Three Thousand Dollars ($3,000)
at such time as this Agreement has been fully executed by both parties.
4. PRODUCTION SERVICES TO BE PROVIDED BY PSHS BAND BOOSTERS
As the producer of the CONCERT, PSHS BAND BOOSTERS shall provide
production services, including, but not limited to, the following and shall accept full
financial responsibility for such services:
4.1 Securing the necessary venues for the CONCERT.
4. 2 Contracting and paying for all service vendors and technical support
described in Section 4.1.
4.3 Recruiting, coordinating and supervising all volunteers and all their
activities.
4.4 PSHS BAND BOOSTERS shall be responsible for all promotional
activities related to the CONCERT, including:
a) Arranging and buying advertising space in local newspapers and other
publications to promote the CONCERT and the CITY. Minimum advertising
for the CONCERT shall be provided in a geographical area which includes
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AGREEMENT FOR EVENT PROMOTION
Palm Springs High School Band Boosters
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 CONCERT
and coordinating local and regional public relations including the distribution
of press materials to CITY's Public Information Officer.
c) Promoting CONCERT through personal appearances and/or the distribution
of collateral materials.
d) Providing ten (10) complimentary tickets to the CITY's representative by
February 7, 2008.
e) Offering a Five-Dollar ($5) discount on ticket price to all residents of Palm
Springs with proof of residency. Tickets may be purchased in advance at
the Camelot Theater and at the door the evening of the performance.
4.5 PSHS BAND BOOSTERS shall provide a post-event report summarizing
the specific revenues and expenses. The post-event report for the CONCERT shall be
delivered to the CITY's representative on or before April 12, 2008.
5. DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY
5.1 The CITY shall make a concerted effort to promote the CONCERT on the
CITY's government access channel, website, and other advertising and marketing
vehicles as deemed appropriate.
6. TERM OF AGREEMENT
6.1 AGREEMENT PERIOD. Unless earlier terminated in accordance with
Section 6.3 below, this Agreement shall be in full force until June 30, 2008. Such term
may be extended upon the mutual written consent of the parties hereto.
62 BREACH OF AGREEMENT. Any material deviation by PSHS BAND
BOOSTERS 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 PSHS BAND BOOSTERS. In the event of termination by
whatever means, CITY shall have the option to produce the CONCERT itself or assign
that responsibility to a third party. 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 PSHS BAND BOOSTERS 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 PSHS BAND BOOSTERS 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
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AGREEMENT FOR EVENT PROMOTION
Palm Springs High School Band Boosters
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 PSHS BAND BOOSTERS
pursuant to this Agreement shall be subject to reimbursement upon the occurrence of
any of the following events:
(a) PSHS BAND BOOSTERS loses its tax-exempt status under Section 501 (c)
(4) and 170 (c) (2) of the Internal Revenue Code; or
(b) The dissolution of PSHS BAND BOOSTERS; or
(c) PSHS BAND BOOSTERS terminates or attempts to terminate this
Agreement for any reason other than CITY's failure to make payments as
provided hereunder; or
(d) PSHS BAND BOOSTERS fails to fulfill the responsibilities, duties, and
obligations set forth herein.
7. GENERAL
7.1 INDEMNITY. PSHS BAND BOOSTERS and CITY agree that CITY, its
officers, employees and agents should, to the 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. PSHS BAND BOOSTERS acknowledges
that CITY shall not permit the event described herein in the absence of this commitment
from PSHS BAND BOOSTERS to indemnify and protect CITY as set forth herein.
To the full extent permitted by law, PSHS BAND BOOSTERS 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 PSHS BAND BOOSTERS or those of any of
its officers, agents, or employees, whether such act is authorized by this Agreement or
not; and PSHS BAND BOOSTERS 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. PSHS BAND
BOOSTERS further agrees to waive all rights of subrogation against CITY. The
provisions of this article do not apply to any damage or loss caused solely by the
negligence of the CITY or any of its agents or employees.
PSHS BAND BOOSTERS agrees to obtain executed indemnity agreements with
provisions identical to those set forth herein this section from each and every
subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on
behalf of PSHS BAND BOOSTERS in the performance or subject matter of this
Agreement. In the event PSHS BAND BOOSTERS fail to obtain such indemnity
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AGREEMENT FOR EVENT PROMOTION
Palm Springs High School Band Boosters
obligations from others as required here, PSHS BAND BOOSTERS 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 PSHS BAND BOOSTERS and shall survive the termination of this
Agreement or this section.
7.2 INSURANCE. PSHS BAND BOOSTERS shall procure and maintain, at its
sale cost and expense, in a form and content satisfactory to CITY, during the entire term
of this 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
One Million Dollars ($1,000,000) bodily injury and property damage, including coverage
for contractual liability, personal injury, independent contractors, broad form property
damage, products and completed operations. The Commercial General Liability Policy
shall name the City of Palm Springs as an additional insured.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and
which will include One Million Dollars ($1,000,000) employer's liability-
(c) Additional Insurance. Policies of such other insurance may be required by
the CITY's Risk Manager.
7.3 INSPECTION OF RECORDS. CITY shall have the right to monitor and
inspect all work or records under this Agreement.
7.4 COMPLETE AGREEMENT. This Agreement contains all the terms and
conditions agreed upon by the parties. No other understandings, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the parties hereto. This Agreement supersedes all previous agreements, if any, between
the parties.
T5 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.
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AGREEMENT FOR EVENT PROMOTION
Palm Springs High School Band Boosters
7.6 NOTICES. Communications among the parties hereto shall be addressed
as follows:
PSHS BAND BOOSTERS
Ron Williams, President
P.O. Box 4983
Palm Springs, CA 92263
(760) 409-8482 FAX (760) 778-0417
CITY OF PALM SPRINGS
David H. Ready, City Manager
P.O. Box 2743
Palm Springs, CA 92262
(760) 322-8336 FAX (760) 323-8207
7.7 CITY REPRESENTATION.The City Manager or his designee shall be
designated the "Liaison Representative of City." PSHS BAND BOOSTERS shall work
closely with the Liaison Representative of City and provide regular updates to keep the
CITY currently advised on the status of the PSHS BAND BOOSTERS.
7.8 COMPLIANCE WITH LAWS. PSHS BAND BOOSTERS 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 PSHS
BAND BOOSTERS as a material inducement to entering into this Agreement. PSHS
BAND BOOSTERS agrees to use reasonable care and diligence in rendering services
under this Agreement. PSHS BAND BOOSTERS agrees that the acceptance of its work
by CITY shall not operate as a waiver or release of said obligation of PSHS BAND
BOOSTERS. The absence, omission, or failure to include in this Agreement items which
are normally considered to be a part of generally-accepted professional procedure or
which involve professional judgment shall not be used as a basis for submission of
inadequate work or incomplete performance.
7.10 DEMAND FOR ASSURANCE. Each party to this Agreement undertakes
the obligation that the other's expectation of receiving due performance will not be
impaired. When reasonable grounds for insecurity arise with respect to the performance
of either party, the other may, in writing, demand adequate assurance of due
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
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AGREEMENT FOR EVENT PROMOTION
Palm Springs High School Band Boosters
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.
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AGREEMENT FOR EVENT PROMOTION
Palm Springs High School Band Boosters
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
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Not To Exceed S wager
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Authorization Of
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BY By. Manager.
Signature(notarized) Signature(notarized)
Name:_ �cwwt� _-`�1t 11N nV"s Name.
Title:_ p�� ��� Title
(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, President or one of the following;Secretary, Chief Financial Officer or
any Vice President) any Assistant Treasurer)
State of StateState of
County of lss County of I 'ss
On before me, On before
me,
personally appeared personally appeared
personally personally
known to me (or proved to me on the basis of satisfactory known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are evidence) to be the person(s) whose name(s) is/are
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 he/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:
APPROVED BY CITY COUNCIL
SID
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