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AGREEMENT FOR EVENT PROMOTION
PRIDE FESTIVAL AND PARADE
This Agreement Moverned by the laws of the State of California is made
and entered into this 10t day of October, 2006, by and between the City of Palm
Springs, a municipal corporation, hereinafter called "City," and Greater Palm
Springs Pride, Inc., a California nonprofit public benefit 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 provides funding assistance to eligible
organization for the purpose of providing cultural and promotional events and/or
activities that generally benefit the community;
WHEREAS, Promoter plans to produce the Greater Palm Springs Pride
Festival and Parade as described herein (hereinafter called "Event");
WHEREAS, Promoter is a California nonprofit public benefit corporation
authorized to engage in charitable and educational activities as well as those
activities permitted to be carried out by a corporation exempt from federal income
tax under Section 501(c)(3) of the Internal Revenue Code and under Section
170(b)(1) of the Internal Revenue Code;
WHEREAS, Promoter needs financial assistance to produce this Greater
Palm Springs Pride Festival and Parade and has requested City sponsorship;
WHEREAS, the City Council has determined that sponsorship of this
Greater Palm Springs Pride Festival and Parade would be of public benefit.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. EVENT DATE AND LOCATION
1.1 Promoter shall organize, manage and produce the Greater Palm
Springs Pride Festival and Parade as generally described in Exhibit
"A" attached hereto and incorporated herein by this reference.
i
1.2 The Event shall be held on November 3, 4, and 5, 2006. In the
event of inclement weather, Promoter may request an alternate
date for the Event. In no event shall an alternate date be set without
the express written approval of City.
2. PRESENTING SPONSOR
The parties hereby agree that the City shall be named a presenting
sponsor of the Event. No other municipal agency sponsor shall appear in
the title of the Event sponsored under this Agreement.
2.1 The City shall be positioned as Presenting Sponsor in event
advertising. For example, City shall receive space to place one (1)
"Welcome Letter" within the Official Program.
2.2 The City shall receive five (5) sponsor credentials and five (5)
passes allowing access to the Event as the parties agree is
necessary in order for City to fully enjoy its benefits.
3. SPONSORSHIP TERMS FOR THE CITY
3.1 To produce the Event, the City shall provide Promoter a credit of up
to Ten Thousand Dollars ($10,000) to cover the City's staffing costs
for police, fire, street maintenance and parks maintenance
department services related to the Event. All amounts in excess of
the City credit will be paid by Promoter within fourteen (14) working
days of the Event's close.
3.2 Promoter shall be responsible for paying the balance of those
staffing costs identified in Exhibit "B" within fourteen (14) working
days of the Event's close, but no later than November 23, 2006.
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 the VIP Party, and other possible special attractions as
approved by City.
4.2 Developing and submitting a schedule and list of entries participating
in Event to SEPT at least twenty (20) days prior to Event;
4.3 Coordinating the routing and staging of Event with SEPT;
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), canopies, tents, bleachers,
and security services at related activities described in Section 4.1.
4.5 Recruiting, coordinating and supervising volunteers and all their
activities.
4.6 Obtaining certificates of insurance and liability release forms from all
entries, volunteers and vendors participating in Event.
4.7 Promoter shall be responsible for all promotional activities related
to the Event, including:
a. Preparing press releases and marketing materials to promote the
Event. City logo to be included in all printed promotional
materials.
b. Coordinating with the Palm Springs Bureau of Tourism to
promote Event.
c. Promoting Event through personal appearances and/or the
distribution of collateral materials.
4.8 Promoter shall provide a post-event report, generally summarizing
the revenues and expenses associated with the production of the
Event. The post-event report shall be delivered to the City's within a
reasonable time following the close of the Event.
5. DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY
5.1 City agrees to provide all necessary public services, including, but
not limited to, police services, emergency medical services, street
maintenance services and other public services as may be deemed
appropriate by SEPT, to produce Event. The total cost for such
services shall be as provided in Exhibit "B" to this Agreement, except
where an event described in Section 6.4 occurs.
62 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.
5.3 The City shall provide police services to include four (4) officers on
Saturday, six (6) officers on Sunday; two (2) Fire Department
Emergency Medical Technicians on Saturday and Sunday; and six
(6) parks maintenance workers on Saturday and Sunday for the
Event at Palm Springs Stadium ("Stadium") and the Cerritos
(Pavilion) Practice Field. The City shall also provide police services
to include six (6) officers and four (4) CHP officers, fire services of
two (2) fire marshals, and other support services to include four (4)
parks maintenance workers and eight (8) street maintenance
workers on Sunday, November 5, to close and re-open Palm Canyon
Drive, secure parade route, provide traffic control, remove
barricades, and otherwise assist Promoter in conducting the parade
on Palm Canyon Drive. Also, all needed traffic delineation and
equipment shall be provided by City as determined by City staff to
conduct the parade and support the Event at the Stadium.
6. TERM OF AGREEMENT
6.1 AGREEMENT PERIOD. The effective date of this Agreement shall
be October 31 through December 31, 2006. Any covenant, term or
provision of this Agreement, which, in order to be effective, must
survive the termination of this Agreement shall survive any such
termination.
6.2 BREACH OF AGREEMENT. Any material deviation by Promoter for
any reason from the requirements hereof, or from any other
provision of this Agreement, shall constitute a breach of this
Agreement and may be cause for termination at the election of City.
City may terminate this Agreement for cause by giving ten (10) days'
notice to Promoter. In the event of termination by whatever means,
City reserves the right to waive any and all breaches of this
Agreement, and any such waiver shall not be deemed a waiver of all
previous or subsequent breaches. In the event City chooses to
waive a particular breach of this Agreement, it may condition same
on payment by Promoter of actual damages occasioned by such
breach of Agreement and shall make every effort to resolve the
same quickly and amicably.
6.3 AGREEMENT TERMINATION. In the event Promoter is unable to
fulfill its responsibilities under this Agreement for any reason
whatsoever, including circumstances beyond its control, City may
terminate this Agreement in whole or in part in the same manner as
for breach hereof and be entitled to the same rights on termination.
6A REIMBURSEMENT. All amounts paid to Promoter or costs incurred
by City in excess of the amount specified in Section 5.1 of this
Agreement shall be subject to reimbursement upon the occurrence
of any of the following events:
a. Promoter loses its tax-exempt status under Section 501 (c)
(4) and 170 (c) (2) of the Internal Revenue Code; or
b. The dissolution of Promoter; or
C. Promoter terminates or attempts to terminate this Agreement
for any reason other than City's failure to make payments as
provided hereunder; or
d. Promoter fails to fulfill the responsibilities, duties, and
obligations set forth herein.
7. GENERAL
7.1 INDEMNITY. Promoter shall indemnify and save harmless the City
and its officers, agents and employees from, and, if requested, shall
defend them against any and all loss, cost, damage, injury, liability,
and claims thereof for injury to or death of a person, including
employees of Promoter or loss of or damage to property, arising
directly or indirectly from Promoter's performance of this Agreement,
including, but not limited to, Promoter's use of facilities or equipment
provided by City or others, regardless of the negligence of, and
regardless of whether liability without fault is imposed or sought to be
imposed on City, except to the extent that such indemnity is void or
otherwise unenforceable under applicable law in effect on or validly
retroactive to the date of this Agreement, and except where such
loss, damage, injury, liability or claim is the result of the active
negligence or willful misconduct of City and is not contributed to by
any act of, or by any omission to perform some duty imposed by law
or agreement on Promoter, its subcontractors or either's agent or
employee. The foregoing indemnity shall include, without limitation,
reasonable fees of attorneys, consultants and experts and related
costs and City's costs of investigating any claims against the City.
In addition to Promoter's obligation to indemnify City, Promoter
specifically acknowledges and agrees that it has an immediate and
independent obligation to defend City from any claim which actually
or potentially falls within this indemnification provision, even if the
allegations are or may be groundless, false or fraudulent, which
obligations arises at the time such claim is tendered to Promoter by
City and continues at all times thereafter.
Promoter shall indemnify and hold City harmless from all loss and
liability, including attorneys' fees, court costs and all other litigation
expenses for any infringement of the patent rights, copyright, trade
secret or any other proprietary right or trademark, and all other
intellectual property claims of any person or persons in consequence
of the use by City, or any of its officers or agents, of articles or
services to be supplied in the performance of this Agreement.
7.2 INSURANCE. Promoter will deliver to the City, not less than thirty
(30) days prior to the first scheduled date of the Event, a certificate of
insurance showing the City as an additional insured in a policy or
policies issued by a company approved by the Risk Manager for the
City, 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.
7.3 INSPECTION OF RECORDS. City shall have the right to inspect all
work or records under this Agreement.
' 7.4 COMPLETE AGREEMENT. This Agreement contains all the terms
and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement
• shall be deemed to exist or to bind any of the parties hereto. This
Agreement supersedes all previous agreements, if any, between the
parties.
7.5 AMENDMENTS. Any alterations, variations, modifications or waivers
of provisions to this Agreement shall be valid only when reduced to
writing duly signed and attached to the original of this Agreement.
7.6 NOTICES. Communications among the parties hereto shall be
addressed as follows:
PROMOTER: GREATER PALM SPRINGS PRIDE, INC.
Jack Schloeder, President
6111 S. Palm Canyon Drive, PMB 7436
Palm Springs, CA 92264
Tel: (760) 416-8711 - FAX (760) 323-8704
CITY: CITY OF PALM SPRINGS
David H. Ready, City Manager
P.O. Box 2743
Palm Springs, CA 92262
Tel: (760) 322-8336 - FAX (760) 323-8207
7.7 CITY REPRESENTATION. Promoter shall work closely with the
City's Special Events Coordinator, who shall be designated the
"Liaison Representative of City." Promoter principals shall provide
regular updates to the Liaison Representative of City to keep the
City currently advised on the status of the Event.
7.8 COMPLIANCE WITH LAWS. Promoter shall comply with all
applicable federal, state, and local laws, ordinances and
regulations.
7.9 STANDARD OF CARE. City relies upon the professional ability of
Promoter as a material inducement to entering into this Agreement.
Promoter agrees to use reasonable care and diligence in rendering
services under this Agreement. Promoter agrees that the
acceptance of its work by City shall not operate as a waiver or
release of said obligation of Promoter. The absence, omission, or
failure to include in this Agreement items which are normally
considered to be a part of generally accepted professional
procedure or which involve professional judgment shall not be used
as a basis for submission of inadequate work or incomplete
performance.
7.10 DEMAND FOR ASSURANCE. Each party to this Agreement
undertakes the obligation that the other's expectation of receiving
due performance will not be impaired. When reasonable grounds
for insecurity arise with respect to the performance of either party,
the other may in writing demand adequate assurance of due
performance and until he/she receives such assurance may, if
commercially reasonable, suspend any performance for which the
agreed return has not been received. "Commercially reasonable"
includes not only the conduct of a party with respect to performance
under this Agreement but also conduct with respect to other
agreements with parties to this Agreement or others. After receipt
of a justified demand, failure to provide within a reasonable time,
but not exceeding ten (10) days, such assurance of due
performance as is adequate under the circumstances of the
particular case is a repudiation of this Agreement. Acceptance of
any improper delivery, service, or payment does not prejudice the
aggrieved party's right to demand adequate assurance of future
performance.
7.11 THIRD PARTY BENEFICIARIES. Nothing contained in this
Agreement shall be construed to create and the parties do not
intend to create any rights in third parties.
[SIGNATURE BLOCK NEXT PAGE]
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 corporatio
r / By. �/
• ,� Gify Clerk o o4oz�zOd�• City Manager SIP VEd BY 01Yf Leijy",�
CONTRACTOR: Check one:_Individual_Partnership Corporation
Signature 1(notarized) Signature (notarized)
Namc:�a-e_k �LVF I de-�eX Name:
Tille: Title:
(This Agreement must be signed in the ibov/e space by one of This Agreement must be signed in the above space by one of
the following:Chairman oZBoardd, 6cnt or any Vice the following:Secretary,Chicf Financial Officer or any
Prebidcnt) Assistant Treasurer)
State of 1 State of1County of County of Jss
On before me, On before me,
personally appeared I)ersnually appeared
personally known to me (or roved to me on m 99 Isis of nsfacrory personally known to m e (or proved m me an the basis of sntis(actory
evidence) to he the perso7,s) whose name(s) is'/�tv subs bed w the evidence) to be the person(s) whose imme(s) is/ire subscribed to the
within/imMumuntnt and a llnowledged to me i�at c/she/ icy executed within inuiumeot and acknowledged to me that hu/site/they execured
the shis/her/ icir authored\\clip, ry(ies) and char by the same in his/lwr/dieir authorized cipacity(ics), and that by
hu/hunatur (s) on the insure it the cnon(.,), or tho lus/lie,/their signaturc(s) on the instrument the person(s), or the
entityha of which die p•rd o.(s) a cd, executed the entity upon behalf of which the person(s) acted, executud the
iraRruinstrument.
WIland and offce.I I WITNESS my hand and official seal
Notaure: Notary Signature:
Nora Notary Scat
6
Exhibit "A"
SCOPE OF SERVICES
Greater Palm Springs Pride, Inc. shall organize, manage, and produce the
annual Greater Palm Springs Pride Festival and Parade for the City of Palm
Springs in November of each year during the term of this Agreement. Production
of the Event will include, but is not limited to, the following:
1. Promoter shall' be responsible for organizing, planning, managing,
coordinator, staging and otherwise producing the Event on November 3
through November 5 in Palm Springs Stadium ("Stadium") and in the
Cerritos Practice Field.
2. Promoter shall be responsible for developing the schedule of activities,
site map and Event layout to the satisfaction and requirements of the
Special Events Planning Team (SEPT).
3. All Event entrants will enter through the main entrance of Palm Springs
Stadium.. Vendors will enter Stadium through the 3'd base gate. Vendor
vehicles will be parked in the Cerritos (Pavilion) Practice Field. Promoter
shall provide security for these vehicles.
4. Promoter shall begin the setup of Stadium on Tuesday, October 31 and
will occupy the facility until Tuesday, November 7. Promoter shall use
Cerritos (Pavilion) Practice Field on Saturday and Sunday, November 4
and 5.
5. Promoter shall be responsible for all onsite security through the use of a
qualified security company approved by the Palm Springs Police
Department and all volunteer or paid staff as needed to man and stage
the Event as required by SEPT review.
6. All electrical and lighting required to stage the Event in Stadium shall be
the responsibility of the Promoter. City shall provide electrician to
facilitate initial hookup to main power in the Stadium.
7. All amplified sound equipment and lighting shall be directed away from
all adjacent residential housing.
8. All trash pickup throughout the Event site shall be the responsibility of
the Promoter with the assistance of City staff, as requested. Promoter
shall be responsible for making the necessary arrangements for onsite
trash dumpsters for disposal. Promoter shall handle all cleaning of
restrooms to include both portable toilets and Stadium restrooms.
State of California )
)ss.
County of Riverside )
On /�//' before me, Mari T.M Boswell Notary Public
Datc Name and Title of Officer
personally appeared —�d h n ��c 6i S� h lQ e
Name(s)of Signer(s)
❑personally known to me
['proved to me on the basis of satisfactory evidence
AAARI LYNN 508MLL
COMM415rWro to be the person whose name is/a€F subscribcd to the
NOTARY PUBLIC•CALIFORNNA ,
RIVERSIDE COUNTY within instrument and acknowledged to me that
cnmmss on sAPR ta,zooe he/shctcy executed the same in his/hreir authorized
capacity0Q,and that by his/herttinrirsignaturesw on the
instrument the person((, or the entity upon behalf of
which the person(} acted, executed the instrument.
WITNESS my hand and official seal
-JSi re of D orary Public
9. Dumpsters shall be placed in locations approved by SEPT. City shall
provide recycling containers for the Event.
10. A first aid station shall be required on the Event site. Two (2) Palm
Springs Fire Department Emergency Medical Technicians shall be on
site throughout the Event as determined by SEPT. Additionally, two (2)
fire marshals shall be required on site during the parade.
11. City's Special Events Coordinator shall coordinate the use of the 3`d
base concession stands in the Stadium. Promoter shall provide an RV to
be used as a portable office
12. On Saturday, November 4, four (4) City police officers shall be required
from 10:00 a.m. to 9:00 p.m. at the Event site; six (6) City police officers
shall be required at the Event site on Sunday, November 5, from 10:00
a.m. to 6:00 p.m. City's Police Department shall coordinate required
staffing for the parade, consisting of motor officers and foot beat officers.
13. All food vendor applications shall be submitted to Riverside County
• Department of Environmental Health no later than October 21. All food
' vendors shall be required to comply with Riverside County
Environmental Health Codes for the Event. All food vendors shall be
required to have the appropriate fire extinguisher for their product in their
booths at all times.
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 are not considered acceptable as a City
business license. All vendor permits must be submitted no later than
seven (7) working days prior to the Event for non-food vendors.
15. All beer gardens or locations dispensing alcohol shall be constructed,
maintained and monitored in accordance with a pre-approved plan by
the City's Police Department and under the laws and regulations of the
State of California as required by Alcohol Beverage Control (ABC).
16. Pre-stage on Palm Canyon shall begin at 7:00 a.m. from Alejo to
Tamarisk roads. All floats must be in the pre-stage area no later than
9:15 a.m.
17. Promoter shall provide a parade route to be approved by SEPT.
Promoter shall coordinate staging and lineup of all parade entries. Post-
stage traffic direction will be coordinated by Promoter as approved by
SEPT
18. All floats in the parade shall be required to have a fire extinguisher as
determined during the SEPT review process.
19. Promoter shall provide portable toilets at various locations along the
parade route as may be approved by the City. Promoter shall obtain
permission of the property owners for placement on private property.
20. Castle banners shall be provided by Promoter and the dates for their
hanging will be coordinated with the City's Parks and Recreation
Administration.
Exhibit "B"
SCHEDULE OF COMPENSATION AND DESCRIPTION OF CITY SERVICE COSTS
Saturday, November 4, 2006
PSPD
(4 Officers/44 Total Hours) $ 2,640 ..,..
PSFD
(2 Firefighters/22 Total Hours) $ 1,100
Parks and Recreation
(6 Workers/66 Total Hours) $ 2,310
Miscellaneous
(Posting, field prep, electrician) $ 500
Pavilion Rental $ 673
SUBTOTAL $ 7,223
Sunday, November 6, 2006
Festival FS Stadium
PSPD
(6 Officers/48 Total Hours) $ 2,880
PSFD
(2 Firefighters/ 16 Total Hours) $ 80o
Parks and Recreation
(6 Workers/60 Total Hours) $ 2,100
Stadium & Field Rental $_ 2,600
Lighting $ 2,800
SUBTOTAL: $11,180
Parade—Palm Canyon
PSFD
(6 Officers/24 Total Hours) $ 1,440
PSFD
(2 Fire Marshals/ 10 Total Hours) $ 500
Streets Maintenance
(8 Workers/ 64 Total Hours) $ 2,880
Downtown Experience Crew
(4 Workers/ 32 Total Hours) $ 1,120
' CHP
(6 Officers/ 36 Total Hours) $ 3,100
Miscellaneous
(Barricade Rental) $_ 1,900
SUBTOTAL: $10.940
TOTAL ESTIMATED COST: $29
City Credit [$10,000]
Balance Due from Promoter $19,343