HomeMy WebLinkAbout05549 - ROAD SHOWS INC EVENT PROMOTION AGR DOCUMENT TRACKING
Page: 1
Report: One Document Detail July 14, 2008
Condition: Document Numbera5549,
Document# Description Approval Date Expiration Date Closed Date
A5549 2007 American Heat-Palm Springs Motorcycle Weekend 09/05/2007 09/01/2008
Company Name: Road Shows, Inc.
Address:
Contract Amt. Total Paid Balance
Group: PARKS & RECREATION $14,000.00 $14,000.00
Service: In File
Ins. Status: Certificate and Policies are OK
Document Trackinci Items:
Due Completed, Tracking Amount Amount
Code Item Description Date Date Date Added Paid
Council Agenda Item 2V 09/05/2007 $14,000.00
kdh to CM for sig 1 010 1/2 0 07
kdh distrib to Michelle -- IN FILE 1 0/0412 0 07
END OF REPORT' '
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AGREEMENT FOR EVENT PROMOTION
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This Agreement for Event Promotion (hereinafter "Agreement"), governed by the laws of the
State of California, is made and entered into this ),S day of 2007, q �c
by and between the City of Palm Springs, a municipal corporation, hereinafter called "City," and
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; P p,r-�®
WHEREAS, Promoter plans to produce the American Heat - Palm Springs Motorcycle &-o`f
4 ad Weekend as described herein (hereinafter "Event"),-
WHEREAS, Promoter needs City assistance to produce these events and has requested City
sponsorship through service assistance;
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 &—HoHRed Weekend as generally described in Exhibit "A" and attached
hereto and incorporated herein by this reference.
12 The Event shall be held from October 5 through October 7, 2007.
2. GO-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." a
3.2 Promoter shall be responsible for raising all funds necessary to produce the Event. q,
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AGREEMENT FOR EVENT PROMOTER q-&\ Qjv.,i yh•,;X
2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE °u R9 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.
42 Developing and submitting a preliminary Event schedule and list of all entries, vendors
and pre-registered participants in the Eventto the City's Special Events Planning Team
(SEPT) at least ninety(90) days priorto 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 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.
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AGREEMENT FOR EVENT PROMOTER
2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE $c++0T-49.9.WEEKEND
4.8 Promoter shall provide a post-event report, summarizing the specific revenues and
expenses associated with the production of the Event. The post-event report shall be
delivered to the City's representative sixty (60) days following the close of 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,
2007 through September 1, 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.
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
underthis 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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AGREEMENT FOR EVENT PROMOTER �� '
2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE ��„9+ G44 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.
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AGREEMENT FOR EVENT PROMOTER
2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE 8rHQ-T—P,96o 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. 0. 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)
s.64 �
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AGREEMENT FOR EVENT PROMOTER
2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE at-hfBE9 WEEKEND
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date-fist written above.
_ ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
ey. By:
ty Clerk O9 o4 xd07APPROVEQ BYCIiYCQUNCVE City Manager
Cdl� aao;b
CONTRACTOR Check one: Individual Partnership_-?� Lorporation
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By: By:Signature (notarized)
(notarized) Sign o arized)
r>Name:
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Title. 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 of the board,President,or any Vice President.) following Chairman of the board.President or any Vice President.)
State of } State of
County of } County of y,
On before me On a2� tl !hefor a
personally appeared personally appeared t
personally known to me(or proved to me on the basis of satlsfaclory evidence) personally known tome(or proved t me on the basis ofsallsractoryevidence)
to he the person(s)whose name(s)Is/are subscribed to the within instrument to be the personfXtwhose name(4 in/arw-cubscrlbed to the within instrument
and acknowledged to me that helshe/they executed the same in his/hedtheir and acknowledged to me that he/S4946y executed the same in his/W4theip
authorized capaclly(ies), and that by his/her/their signature(s) on the aulhorzed capacdy(iay and that by hls4wri`14eir signatumA on the
instrument the person(s) or the entity upon behalf of which the person(s) instrument the persen$4 or the entity upon behalf of which the person(
acted,executed the Instrument acted,executed the instrument
WITNESS my hand and official seal WITNESS my hand an fficial seal.
Notary Signature. Notary Signaturo �'"D��
Notary Seal. Notary Seal
KAREN TASd1N
Cortr kdon#r 1537335
MWalde Courdy
.MVCamn.EWiw Jdn 19.
APPROVED TO FORM
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AGREEMENT FOR EVENT PROMOTER �,�+�
2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & B WEEKEND
EXHIBIT "A"
SCOPE OF SERVICES
Promoter, Road Shows, Inc. (RSI), shall orgaanniize, Yvanage and produce the annual American
Heat- Palm Springs Motorcycle t-Hut-Rod 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 5 through October 7, 2007 on the Spa
Resort Casino parking lot.
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
creating an artificial "sound barrier" to the north of the Event site as needed. The sound
barrier shall be created by abutting vendor and/or promotional trucks end to end along the
perimeter of the Event site.
4. All Event participants and entrants must enter the Event site off of Indian Canyon Drive
between Amado Road and Alejo Road or Calle Encilia north of Amado Road. The Event site
is required to be fenced for security purposes at RSI's expense.
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 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.
7. All electrical and lighting required to stage the Event on the Event site shall be the
responsibility of RSI.
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 north of the venue.
EXHIBIT "A" - SCOPE OF SERVICES J
PAGE 1 OF 2 PAGES (
AGREEMENT FOR EVENT PROMOTER'
2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE x I iGT- R;@ ^a 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. All sewage disposal from portable toilets throughout the Event site shall be the responsibility
of RSI during the Event.
11. A first aid station shall be required on the Event site at RSI's expense. RSI shall also be
required to pay for two (2) City Fire Department Emergency Medical Technicians (EMT) 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 at the
expense of RSI as determined through the SEPT review process.
13_ 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 and
in conjunction with the Spa Resort Casino staff.
14. All vendors shall be required to have the appropriate City business licenses as determined
through the SEPT review process. Business licenses must be displayed on or within vendor
booths throughout the Event. VillageFest licenses shall not be considered acceptable as a
City business license. All food vendors shall be required to comply with Riverside County
Environmental Health codes forthe Event.All vendor permits, both food and non-food, 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.
17. RSI shall be allowed to enter the Event site for pre-Event setup on Thursday, October 4, at
8:00 a.m. and must vacate the premises no later than Monday, October 8, at 12:00 p.m_, at
which time the Event site shall have been restored to its original condition and made
available for public parking.
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EXHIBIT "A" - SCOPE OF SERVICES `
PAGE 2 OF 2 PAGES
4
AGREEMENT FOR EVENT PROMOTER C\
2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE &-He+--R$4;)-WEEKEND
EXHIBIT "B"
SCHEDULE OF COMPENSATION AND
DESCRIPTION OF CITY SERVICE COSTS
Cost Estimate for City Employee Costs and Equipment Rental for Venue
Parks Division estimate $ 8,640
Public Works Department estimate 4,000
Special Events estimate 1,200
Fire Department estimate 3,290
Police Department estimate ($6,500 for Event only) 41,470
SUBTOTAL $58,600
City agrees to waive the per-space rental cost for the use of the Showmobile for the duration of
the Event.
RSI is required to pay for all City services in support of the Event as determined by the SEPT
reviewprocess and outlined in Exhibit"B"notto exceed Twenty-Four Thousand Dollars($24,000).
Payment of fifty percent (50%) of the total estimated cost of 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.
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EXHIBIT "B" (
SCHEDULE OF COMPENSATION AND
DESCRIPTION OF CITY SERVICE COSTS
ROADSHOWS INC. 15942
DBA STREET VIBRATIONS
PO BOX 2994(775)329-7469
RENO,NV 89505.2994 GATE 94.72-1224
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