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HomeMy WebLinkAbout7/20/2005 - STAFF REPORTS (24) iy u n " I A 4POgATE0 AA4 % c'4<IFORe`p City Council Staff Report DATE: July 20, 2005 Consent Calendar SUBJECT: Suspension of Certain Regulatory Ordinances to Facilitate the 2005 American Heat, Palm Springs Motorcycle & Hot Rod Weekend. FROM: David H. Ready, City Manager BY: City Manager's Office SUMMARY Road Shows, Incorporated has produced The American Heat, Palm Springs Motorcycle & Hot Rod Weekend since 2000. The 2005 event will be held October 7 through October 9 on the Prairie Schooner Parking Lot and adjoining streets. In order for this event to take place, certain regulatory ordinances need to be suspended. The proposed Resolution temporary suspends the City's Noise Ordinance, Noise Nuisance, Dance Permits, Zoning Ordinance and Sign Ordinance. RECOMMENDATION: 1. Adopt a Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TEMPORARILY SUSPENDING CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2005 AMERICAN HEAT, PALM SPRINGS MOTORCYCLE AND HOT ROD WEEKEND". 2. Adopt Minute Order No. Approving a Sponsorship Agreement with Roadshows, Incorporated to produce the event, subject to final approval by the City Attorney and authorizing the City Manager to execute the Agreement. STAFF ANALYSIS: Roadshows, Incorporated (RSI) is a fully licensed entertainment booking agency and event production company based in Reno, Nevada. RSI produces several well-known motorcycle and hot rod events throughout the country. The 2000, 2001 and 2003 Motorcycle & Hot Rod events were all produced and staged along Palm Canyon Drive in the City's Central Business District. Following the 2003 event, concerns were raised by many of the downtown business owners about the event and what was widely described as a negative impact upon the retail business Item No. 2 . Q• City Council Staff Report July 20, 2005 -- Page 2 2005 Bike Weekend community due to event activities and the multi-day closure of streets. As a result, the 2004 event was moved to the Prairie Schooner Parking Lot and part of Calle El Segundo east of the Hilton Hotel. RSI would like to hold the 2005 event at the same location as last year. As producer of the event, RSI has agreed to pay all costs, including the cost for additional police and fire personnel, and any other City departments that may be required to support the event. These costs will be determined by the City's Special Events Planning Team (SEPT) and submitted to RSI for payment. RSI will be required to submit payment in advance of the event. In the event the City incurs additional costs not included in the original estimate, RSI will be invoiced immediately following the event. A Sponsorship Agreement between the City and RSI is currently being finalized by staff and will be presented to the City Manager upon completion. The agreement will fully identify the responsibilities of both the promoter and the City and any additional requirements needed to produce the event as determined through the SEPT evaluation process. For your information, a copy of last year's Sponsorship Agreement is attached. The General Managers of the Group Meeting Hotels fully support the event and are recommending Council approval. Although the hotels did not track the total number of room nights from last year's event, the General Managers of the Group Meeting Hotels indicate that they were "sold out." In 2003, the event generated 1,871 room night stays. FISCAL IMPACT: There is no fiscal impact to the City. RSI is required to pay for all costs including the City's costs for police, fire and public works associated with this event. ro L. ButzlaffTs is t nt City Manager David H. Ready, City Mhuater Atta`b ments: 1. Resolution Suspending Certain Regulatory Ordinances 2. Sponsorship Agreement for 2004 Motorcycle & Hot Rod Weekend RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TEMPORARILY SUSPENDING CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2005 AMERICAN HEAT, PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND. WHEREAS, the City of Palm Springs designated the American Heat, Palm Springs Motorcycle & Hot Rod Weekend as a City-sponsored event; and WHEREAS, the City Council desires to facilitate the staging of the City-sponsored event to maximize revenue production; and WHEREAS, the City Council finds that certain regulatory ordinances, which are generally deemed desirable and necessary, may, nonetheless, impede the conduct of special events; and WHEREAS, the City Council finds that in holding special events, the public interest and the benefits derived therefrom outweigh the temporary public inconvenience; and WHEREAS, the City Council has enacted Ordinance #1310 authorizing temporary suspension of regulatory ordinances, NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs, California, as follows: Section 1. A. That the American Heat, Palm Springs Motorcycle & Hot Rod Weekend is a special event beneficial to the community and its visitor-oriented economy. B. That the dates of the 2005 American Heat, Palm Springs Motorcycle & Hot Rod Weekend are from October 7 through October 9. C. That Roadshows, Incorporated is the event promoter, along with its construction and concession personnel and staff. D. That the venue of the American Heat, Palm Springs Motorcycle & Hot Rod Weekend is the Prairie Schooner Parking Lot and portions of Andreas Road and Calle El Segundo. Section 2. That the following ordinances are hereby temporarily suspended for the special event designated in Section 1 above: Noise Ordinance, Noise Nuisance, Dance Permits, Zoning Ordinance, and Sign Ordinance. Section 3. That the regulatory ordinances designated in Section 2 above shall remain in full force and effect except as to the event dates and persons or organizations as designated in Section 1 above. MINUTE ORDER NO. APPROVING A SPONSORSHIP AGREEMENT WITH ROADSHOWS, INCORPORATED TO PRODUCE THE 2005 AMERICAN HEAT PALM SPRINGS MOTORCYCLE AND HOT ROD WEEKEND SUBJECT TO FINAL APPROVAL BY THE CITY ATTORNEY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. A 1, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving a sponsorship agreement with Roadshows, Incorporated to produce the 2005 American Heat Palm Springs Motorcycle and Hot Rod Weekend, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 20th day of July, 2005. James Thompson, City Clerk City of Palm Springs, California AGREEMENT FOR EVENT PROMOTION This Agreement (hereinafter called "Agreement'), governed by the laws of the State of California, is made and entered into this day of , 2004 by and between the City of Palm Springs, a municipal corporation, hereinafter called "City," and Roadshows, 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; and 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; and WHEREAS, Promoter plans to produce the American Heat, Palm Springs Motorcycle & Hot Rod Weekend as described herein (hereinafter"Event'); and WHEREAS, Promoter needs assistance to produce these events and has requested various services from the City; and WHEREAS, the City Council has determined that support of this event would be of public benefit. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. EVENT DESCRIPTION 1.1 Promoter shall organize, manage and produce the Event as generally described in Exhibit "A" attached hereto and incorporated herein by this reference. 1.2 The Event shall be held from Friday, October 8 through Sunday, October 10, 2004. The event will be held from the hours of to 2. CO-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 Promoter is responsible for raising all funds necessary to produce Event. The City has no obligation to provide financial assistance to Promoter. 3.2 Promoter agrees to reimburse City for the actual cost of public services, such as police, fire, parks and streets personnel, that may be needed to produce Event. These services and their estimated cost are described in Exhibit"B" of this Agreement. 3.3 Promoter shall pay the actual cost of all public services as determined through the SEPT review process. Payment of fifty percent (50%) of the total estimated cost of these services is required at least ten (10) days in advance of the Event. The remaining fifty percent (50%) is due within ten (10) days following the conclusion of the Event. In addition to those costs identified in Exhibit "B", the Promoter may be billed for any incidental costs incurred by the City to support the Event at the time final payment is due following the Event. 4. PRODUCTION SERVICES TO BE PROVIDED BY PROMOTER 4.1 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, including all volunteers and staff members needed to produce the Event and excluding only those provided by the City in Section 5 of this Agreement. 4.1.2 Developing and submitting a preliminary Event schedule and list of all entries, vendors and preregistered 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; coordinating Event routing, staging, street closures, and vendor and participant placement as required by SEPT and designated at SEPT meetings. 4.1.3 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 4.1.1 of this Agreement. 4.1.4 Recruitment, coordination and supervision of all volunteers and their activities. 4.1.5 Obtaining certificates of insurance, liability release forms, and business licenses from all applicable entries, volunteers and vendors participating in the Event. 4.1.6 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 City's Bureau of Tourism to promote Event. e) Promoting the Event through personal appearances and/or the distribution of collateral materials. 4.1.7 Promoter will 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 within 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 Schedule "B" of this Agreement, along with a payment schedule. 5.2 City agrees to make available to Promoter the City's portable stage and entertainment unit, also known as the "Showmobile," at the regular rental rate. 5.3 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. 6. TERM OF AGREEMENT 6.1 AGREEMENT PERIOD. The effective date of this Agreement shall be from July 28, 2004 through December 31, 2004. 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. Such term may be extended upon the mutual written consent of the parties hereto 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, 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. 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. 7. GENERAL 7.1 INDEMNITY. - Promoter and City agree that City, (its officers, employees and agents) (hereinafter "City") 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 Special Event Permit 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. 7.2 INSURANCE. Promoter shall procure and maintain, at its sole 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 $1,000,000 bodily injury and property damage including coverages 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 in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (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 $1,000,000 employer's liability. (c) Additional Insurance. Policies of such other insurance may be required by the City's Risk Manager. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, Promoter shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the City. No work or services under this Agreement shall commence until Promoter has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages which have been approved by the City. 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 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: 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 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 enter 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 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 corporation By: By: City Clerk City Manager CONTRACTOR: Check one:_Individual_Partnership_Corporation By: By: Signature (notarized) Signature (notarized) Name: Name: Title: 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:Secretary,Chief Financial Officer or any President) Assistant Treasurer) State of State of � County of I•ss County of l 1 ss On befom me, On before my personally appeared petsonally appeared personally known to me(or proved to me on the basis of satisfactory petsonally known to me (or proved to me on die basis of satisfactory evidence) to be the pe[son(s) whobe name(s) is/are subscribed to the evidence) to be the person(s) whose nane(s) is/are subscribed to the within hisnument and acknowledged to me that Is/she/they executed within instrument and acknowledged to me that he/she/ncuy executed the sane in hvs/herAheir authorized capaCity(ics), and that by the same in his/hm/dich authorized capaCity(tes), and that by hiallier/their signaturc(s) on the instrument the person(s), or the his/lmi/their signature(s) on the instrument the pcison(s), or the entity upon behalf of which the persons) acted, executed-the entity upon behalf of which the persons) acted, executed the instrument instrument. WITNESS my hand and official beat. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: Exhibit "A" SCOPE OF SERVICES Roadshows, Inc. (Promoter), shall organize, manage and produce the annual American Heat 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 will include, but is not limited to, the following: 1. Promoter is responsible for organizing, planning, managing, coordinating, staging and otherwise producing the Event on October 8 through October 10 on the City parking lot otherwise known as the Prairie Schooner Lot. 2. Promoter is responsible for developing the schedule of activities, site map and Event layout to the satisfaction and requirements of the SEPT review team. 3. Promoter will be required to mitigate the neighborhood noise impact from the Event by creating an artificial "sound barrier" to the north and south of the Event site as needed. The sound barrier will 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 El Segundo from Tahquitz Canyon to the south or off of Andreas to the south of El Segundo. The Event site is required to be fenced for security purposes at Promoter's expense. 5. The City's Engineering Division will be responsible for approving a traffic layout plan provided by Promoter through the SEPT review process. All conditions as required by the Engineering Division are to be adhered to within the approved plan at Promoter's expense. Also, Promoter will be responsible for maintaining traffic barriers to allow for local traffic only at the intersections of Amado and Alverado, Amado and El Segundo, El Segundo and Andreas, Andreas and Encilia, west parking lot for Plaza Villas and the intersection of Encilia and Tahquitz Canyon as determined by SEPT. "Local Traffic Only" signs must be posted and maintained throughout the Event by Promoter at these locations. Promoter will be responsible to purchase appropriate signs and pay for the rental of barricades, if needed. 6. Promoter is 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 through the SEPT review. 9. All electrical and lighting required to stage the Event on the Event site will be the responsibility of the Promoter. 10. All amplified sound equipment and lighting is to be directed away from all adjacent residential housing. This is generally considered to be to the south of the venue. Exhibit "A" — continued 11. All trash pickup throughout the Event site will be the responsibility of Promoter throughout the Event with the assistance of City staff, as requested. Promoter is responsible to make the necessary arrangements for onsite trash dumpsters for disposal. 12. A first aid station will be required on the Event site at the Promoter's expense. Promoter will also be required to pay for two (2) Palm Springs Fire Department Emergency Medical Technicians to be on site throughout the Event as determined by SEPT. 13. Onsite law enforcement will be the responsibility of the Palm Springs Police Department and will be at the expense of Promoter as determined through the SEPT review process. 14. Promoter is responsible for the procurement and maintenance of all onsite portable restrooms, the number of which and their locations to be determined through the SEPT review process. 15. All vendors are 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 food vendors will be required to comply with Riverside County Environmental Health Codes for the Event. All vendor permits must be submitted no later than seven (7) days prior to Event for non-food vendors and fourteen (14) days prior to the Event for food and beverage vendors. 16. All beer gardens or locations dispensing alcohol shall be constructed, maintained and monitored in accordance to a pre-approved plan by the Palm Springs Police Department and under the laws and regulations of the State of California as required by the Alcohol and Beverage Control Board (ABC). 17. No tent staking or tying off to trees, fences or other appurtenances by vendors, entertainers or participants will be allowed. All guy wires are to be secured to water barrels or similar weighted devices if used. Exhibit "B" SCHEDULE OF COMPENSATION AND DESCRIPTION OF CITY SERVICE COSTS Friday, October 8, 2004 PSPD $ 13,760.00 (25 Officers / 250Total Hours) PSFD $ 1 ,600.00 (4 Officers / 32 Total Hours) Public Works/Engineering $ 440.00 (1 Worker / 8 Total Hours) Parks & Recreation $ 1 ,792.00 (6 Workers / 56 Total Hours) Miscellaneous $ 824.00 (Explain: posting, barricades, equipment) SUBTOTAL $ 18,406.00 Saturday, October 9, 2004 PSPD $ 13,750.00 (25 Officers / 250Total Hours) PSFD $ 2,600.00 (4 Officers / 52 Total Hours) Public Works/Engineering $ 440.00 (1 Worker / 8 Total Hours) Parks & Recreation $ 2,304.00 (6 Workers / 72 Total Hours) Miscellaneous $ .00 (Explain: ) SUBTOTAL $ 19,094.00 Sunday, October 10, 2004 PSPD $ 7,590.00 (15 Officers / 138Total Hours) PSFD $ 1 ,600.00 (4 Officers / 32 Total Hours) Public Works/Engineering $ 440.00 (1 Worker / 8 Total Hours) Parks & Recreation $ 1 ,792.00 (6 Workers / 56 Total Hours) Miscellaneous $ 238.00 (Explain: street sweeper, barricade pickup) SUBTOTAL $ 11 ,660.00 TOTAL ESTIMATED COST $ 49,160.00