HomeMy WebLinkAbout05246-1 - SEENA HAMILTON ASSOCIATES 2006 EASTER BOWL USTA NATIONAL SPRING CHAMPIONSHIP EVENT PROMOTION SPONSORSHIP Seena Hamilton Associates
Easter Bowl USIA
Agreement A5246-1
Under $25,000 CM auth 3-22-
2006
AGREEMENT FOR EVENT PROMOTION--- - ---
2006 Easter Bowl USTA National Spring Championship
This Agreement governed by the laws of the State of California is made and
entered into this 2e day of February, 2006 by and between the City of Palm Springs, a
municipal corporation, hereinafter called "CITY" and Seena Hamilton Associates,
Incorporated, a New York 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 2006 Easter Bowl USTA National
Spring Championship at the Palm Springs Rivera Resort and Racquet Club as
described herein (hereinafter"EVENT');
WHEREAS, the Event will be videotaped for rebroadcast syndication on Fox
Sports Net and other cable channels;
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
substantial publicity for the CITY;
WHEREAS, the CITY COUNCIL does hereby find that sponsorship of this Event
would be of public benefit
NOW,THEREFORE, fr 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.
1.2 The Event shall be held from April 11-18, 2006 at the Rivera Resort and
Racquet Club. In no event shall an alternate date or location be set without the
express written approval of CITY.
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AGREEMENT FOR EVENT PROMOTION
2006 EASTER BOWL
2.0 CREDIT LINE
2.1 The City shall be prominently recognized in all advertising as a
contributing sponsor of Event. For promotional purposes, the Event shall feature the
City's logo in all paid media (advertising), publications, and signage.
2.2 The City shall receive dateline recognition in any televised broadcast or
rebroadcast of the Event.
3.0 SPONSORSHIP TERMS FOR THE CITY
3.1.1 To produce the EVENT, the CITY will provide PROMOTER with Fifteen
Thousand Dollar ($15,000) 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) $7,500 at such time as this Agreement
has been fully executed by both parties; 00 the sum of $7,500 upon submission of
the post event report described in Section 3.5. City shall have no obligation to
make final payment to Promoter until submission of the post event report.
3.2 PROMOTER shall provide City, at its discretion, an opportunity to
participate in the EVENT's award ceremony and to have a representative of City
make a formal presentation to the winner(s) of the EVENT.
3.3 The City shall be positioned as Presenting Sponsor in all advertising.
Examples of advertising include, but are not limited to:
a. Program — City shall receive space to place one (1) full-page four-
color advertisement on the back cover of the EVENT'S official
program for marketing and promotion purposes. In addition, City
shall receive space to place one (1) "Welcome Letter" within the
Official Program.
b. Newspaper Advertising—City shall receive during the Event no less
than a one-quarter(1/4) page black and white advertisement in the
Desert Sun or other newspaper as the parties agree for
promotional and/or advertorial purposes.
3.4 The City shall be identified on a credit line prominently presented on the
Promoter's website page at www.seenahamiltoninc.com/Easter Bowl_Home.htm for a
term of no less than six(6) months. There shall be a hyperlink from the Promoter's web
site to the City's web site at www.ci.oalm-sprinos.ca_us. The parties agree that said link
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AGREEMENT FOR EVENT PROMOTION
2006 EASTER BOWL
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 on either site whether the materials contained on the site are provided by the
City or the Promoter.
3.5 PROMOTER will provide a post event report summarizing the specific
economic impacts including, but not limited to attendance, number of hotel room nights
booked, media impressions, and other information deemed relevant to the production of
the EVENT. The post event report shall be delivered to the CITY's representative sixty
(60)days following the close of the 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 and related activities.
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 (if
applicable), catering, and security services at related activities described in
Section 4.1.
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 entries,
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.
d) Coordinating with the CITY's Bureau of Tourism to promote EVENT.
e) Promoting EVENT through personal appearances and/or the distribution of
collateral materials.
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4.2 DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY
4.2.1 The CITY will make a concerted effort to promote the EVENT on the
CITY's government access channel and other advertising and marketing vehicles
as deemed appropriate.
5.0 TERM OF AGREEMENT
5.1 AGREEMENT PERIOD. The effective date of this Agreement shall
be March 1, 2006 through June 30, 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.
5.2 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, 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 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.
5.3 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.
5.4 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) The Event is not held as set forth in Section 1.0 of this Agreement; or
(d) PROMOTER fails to fulfill the responsibilities, duties, and obligations set
forth herein.
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AGREEMENT FOR EVENT PROMOTION
2006 EASTER BOWL
6.0 GENERAL
6.1 INDEMNITY. Promoter 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. 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 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 the Article do not apply to any damage or
loss caused solely by the negligence of the City or any of its agents or employees.
Promoter agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every subcontractor, sub-tier
contractor or any other person or entity involved by, for, with or on behalf of Promoter in
the performance or subject matter of this agreement. 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 OF 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.
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AGREEMENT FOR EVENT PROMOTION
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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: 2006 EASTER BOWL
Seena Hamilton, Principal
Seena Hamilton&Associates, Inc.
1161 York Avenue, PHE
New York, NY 10021
(212)308-5368 Fax(212) 753-8742
CITY: CITY OF PALM SPRINGS
David H. Ready, City Manager
P.O. Box 2743
Palm Springs, CA 92262
(760)322-8336 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 and provide regular updates to keep the CITY
currently advised on the status of EVENT.
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 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,
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
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AGREEMENT FOR EVENT PROMOTION
2006 EASTER BOWL
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.
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AGREEMENT FOR EVENT PROMOTION
2006 EASTER BOWL
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
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�y City Clerk City er
f APPROVED BY CITY MANAGER
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By
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This Agreement must be signed in the above space by one of
the following:Secretary,Chief Financial Officer or any
Assistant Treasurer)
State of �
County of Iss
On before me,
personally appeared
personally known to me (or proved to me on the basis of sati:facmry
evidence)to be the penon(s)whose name(s)Wore subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in hisibarltheir authorized eapaciry(ics), 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
imunnuent.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
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AGREEMENT FOR EVENT PROMOTION
2006 EASTER BOWL
EXHIBIT "A"
The Boys' and Girls' Spring National Tennis Championship, also known as the
Easter Bowl, is a United States Tennis Association sanctioned event. The event
showcases the best of American Junior Tennis in the Boys and Girls 18, 16, & 14
and under divisions as singles, doubles, and feed-in consolations. The event will be
held at the Rivera Resort and Racquet Club from April 11 through 18.
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4'
MEMORANDUM ,
TO: Marilyn Hannon
I Assistant to the Assistant City Manager—Admin.
FROM: Kathie Hart, CMC
Chief Deputy City Clerk
DATE: March 22, 2006, 2006
SUBJECT: Seena Hamilton Associates—A5246
2006 Easter Bowl USTA National Spring Championship
Attached is a duplicate original copy of the above referenced agreement for your files and
distribution. We have kept the original copy for our records.
Please feel free to contact our office if there are any concerns.
/kdh
Attachment