HomeMy WebLinkAbout05337 - ROADSHOWS, INC EVENT PROMOTION 2006 AMERICAN HEAT-PALM SPRINGS MOTORCYCLE WEEKEND W, 44;�
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AGREEMENT FOR EVENT PROMOTION
This Agreement for Event Promotion (hereinafter "Agreement"), governed by the laws of
the State of California, is made and entered into this 3rd day of October, 2006, 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;
WHEREAS, Promoter plans to produce the American Heat - Palm Springs Motorcycle-&-
Hel-Red 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-&,r;e� Weekend as generally described in Exhibit "A" and attached
4 v" hereto and incorporated herein by this reference.
1.2 The Event shall be held from October 6 through October 8, 2006.
2. CO-SPONSOR
The parties hereby agree that the City shall be named a "Co-Sponsor" of the Event.
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."
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AGREEMENT FOR EVENT PROMOTER
2006 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND
Page Two.
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:
4A 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 Event to the City's Special Events
Planning Team (SEPT) at least ninety (90) 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 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 G
collateral materials.
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AGREEMENT FOR EVENT PROMOTER
2006 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND
Page Three.
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 to Promoter, at standard overtime hourly rates, all necessary
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,
2006 through June 30, 2007- 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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AGREEMENT FOR EVENT PROMOTER
2006 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND
Page Four,
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 QP 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
2006 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND
Page Five.
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 02262
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)
AGREEMENT FOR EVENT PROMOTER
2006 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND
Page Six.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date First written above.
ATTEST; APPROVED BY MY COUNCIL CITY OF PALM SPRINGS,
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Zo Z0010 Aw a-t qt P9 a municipal corporation
/C y Clerk City Manager
CONTRACTOR Check one: ,Individual Partnership Corp oration
r P\Y'\
BY B n y:
Sign notarized) Signature (notarized)
Name: Name:
Title: rN Title:
(This Agreement must be signed in the above space by one of (This Agreement must be signed in the above space by one of
the following: Chairman of the board, President, or any Vice the following: Chairman of the board. President, or any Vice
President.) President.)
/
State of_. C.G I e jO✓!r(��./ _ } State of }
County of d_f,('t - iFlu } County of }
On 046K 7 5efore me.LvK4'p�"+�-^ l•YJe�, x� av�rf G On before me,
Personally appeared d[t+.✓�.GY�L. lv:.v�p.(�f (J,Uf t/� personally appeared
eessGoAiy-krvown-tp-Ale•(or proved to me on the basis of satisfactory personally known to me (or proved to me on the basis of satisfactory
evidence)to be the person%)whose nameW Isll r subscribed to the within evidence)to be the person(s)whose name(s)is/are subscribed to the within
instrument and acknowledged to me that he/zhe/tMey executed the same in instrumem and acknowledged to me that he/she/they executed the same in
his/hew6!,w authoriabd capacity(i*, and that by hlsl;erltMeir signatures} his/hedlheir authorized capaclty(les), and that by hi;/hcrRheir signature(s)
on the instrument the person(ey or the entity upon behalf of which the on the instrument, the person(s) or the entity upon behalf of which the
person(-eacted,executed the instrument person(s)acted,executed the instrument
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: �/iT �}'.L� Notary Signature
Notary Seal- / Notary Seal'
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CYNTHIA A. bERARtA
_ "'"" Commisslon# 1645899'
.� a Nolory Public-California
Riverside County
My Comm.Expires Feb 1 tl,201
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EXHIBIT "A"
SCOPE OF SERVICES
Promoter, Road Shows, Inc. (RSI), shall organize, manage and produce the annual American
Heat - Palm Springs Motorcycle & Hot 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 6 through October 8, 2006 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.
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. a
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EXHIBIT "A" - SCOPE OF SERVICES
PAGE 1 OF 2 PAGES
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 for the 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 5,
at 8:00 a.m. and must vacate the premises no later than Monday, October 9, 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 "B"
SCHEDULE OF COMPENSATION AND
❑ESCRIPTION OF CITY SERVICE COSTS
Cost Estimate for City Employee Casts and Equipment Rental for Venue
Parks Division estimate $ 6,400
Public Works Department estimate 2,500
Fire Department estimate 3,450
Police Department estimate ($5,520 for Event only) 38,280
SUBTOTAL $58,550
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
review process and outlined in Exhibit "B" not to 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.