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5/4/2005 - STAFF REPORTS (16)
� nson 380 E Paseo El Mirador, Pabn Springs, CA 92262 7601416-5070(p) 7601416-5071 (f) ©tt s e Federal ID No. 20-0028619 February 3,2005 IMr. Scott Mikesell Director of Parks and Recreation City of Palm Spring j ---BOARD OF GOVENOWS — —4071 South Pav"tt+ j Palm Springs) ,,Ca. Frank R. Ereoll,,MD 92262 . President&CEO Chetyl L.Long REQUEST FOR TEMPORARY SOUND ORDINANCE SUSPENSION Board Secretary Dear Mr. Mikesell: Susan Hale Board Treasurer On behalf of the Executive Board,the Helping Hearts Volunteers and the J. Jeffrey Close families of the critically ill and injured, the true beneficiaries,please accept our wannest thanks for the very generous and ongoing support the City of Kathi Sankey-Robinson Palm Springs has provided for the Palm Springs Smooth Jazz Festival and hence the Hanson House project. Frank Ruggieri Teddi Wegfall The loth annual Palm Springs Smooth Jazz Festival 2005 is slated for Friday and Saturday,May 20 and 21,2005 at the historic O'Donnell Golf club in downtown Palm Springs. As in years past, may we respectfully request a temporary suspension of the city sound ordinance in T :; p as much as our event may go past 10:00 pm (historically has never reached OF HE TR much less gone past 1 1pm). .- c Thank you for your consideration., Frank R. Ercoli, MD President, Hanson House Foundation, n . cc: Michele Cirone Mission Statement To provide a community supported facility witb low or no cost services whose dedicated staff and volunteers arecommitted to making available a safe,clean and caring temporary HOME AWAY FROM HOME for the families of the critically ill and injured l° ° rn ''r G City ®f Palm Springs 4 � �(kk�� � 1. (.3 '77..h r lli fkr t I' :� �� �. ����,(�,���, na, Department of Parks and Recreation `V '����j[ I ' l•/r �I TeL(760)323-8265 • Fax: (760)323-8279 • Web: www.ci.palm-sprmgs.ca.us the s,Y.•14 r"p�j " ,� Recreation(760)323-8272 •Pad<s and Gvlf Courses(760)323-8281 *Downtown Experience Office(760)416-5660 ��'✓U a`�e0 3 Admmistcation and Filming Permits 760)323-8265 ames O Jessie Desert Highland Unity Center 760 323-8271 February 16, 2005 Frank R. Ercoli, MD President Hanson House Foundation, Inc. 380 E. Paseo El Mirador Patin Springs, CA 92262 Dear Dr. Ercoli: I received your February 3 letter, requesting the suspension of the City's Noise Ordinance for the 2005 Smooth Jazz Festival at O'Donnell Golf Club for May 20 and 21. I discussed this matter with our City Manager, David Ready, and he asked me to proceed as follows: We are in the process of having our new City Attorney draft a new agreement to be used for the City's sponsorship and support of special events in the community.As the City granted the Smooth Jazz Festival financial support in the past,in addition to suspending our ordinances,we need to formalize our continued support of your event in the form of a written agreement. In exchange for suspending the ordinances and providing $1,300 in valuable staff support for your event, the City is requesting that the Smooth Jazz Festival provide the following: • The City of Patin Springs will be listed as a sponsor of the Smooth Jazz Festival in local and regional media advertising for the event. The value of the City's sponsorship can be substantiated by the Smooth Jazz Festival through the number of media impressions represented by your advertising and event promotions.This value needs to be documented within yourrequest and spelled out in the agreement with the City to offset the value of the City's financial contribution. • The City is requesting ten (10) free promotional invitations for the opening gala event and all other activities throughout the weekend. The City will include the Smooth Jazz Festival as one of its "featured events" on the City's web site and local access television channel, Charts el 17. a 401 South Pavilion Way 0 Palm Springs, California 92262 E' y> A("I'��' February 16, 2005 Frank R. Ercoli, MD Hanson House Foundation, Inc. Page Two. IPlease contact me at your earliest convenience so that we can discuss these issues. I can be reached at 323- 8281 daring normal business hours. I am looking forward to speaking with you. SincereI , SCOTT MIKESELL Director PSM:Iw c: David Ready, City Manager Troy Butzlaff, Assistant City Manager Michele Cirone-Collier, Special Events Coordinator i Scott Mikesell i From: Dr.Ercoli [dr.ercoli@palmspringsjazz.com] Sent: Friday, April 22, 2005 2:53 PM To: scottm@ci.palm-springs.ca.us Cc: Cheryl Long Subject: Palm Springs Smooth Jazz Festival-Hanson House Dear Mr. Mikesell: A pleasure speaking with you by way of my phone call following up on the matter of an agreement reflecting City Support between Palm Springs Smooth Jazz Festival and City of Palm Springs. As mentioned, we have not yet received a document to date. As a 501(c)3 not for profit organization, we at the Hanson House Foundation are always very concerned about maintaining complete documentation of all dealings and transactions. It is our fullest intention to be in complete compliance with all City demands for documentation. Hence, your attention to obtaining the referenced agreement for completion as soon as possible (event date May 20&21) would be most appreciated. Further, regarding the letter we received from the City of Palm Springs dated February 16, 2005: 1. We delivered 2005 Palm Springs Smooth Jazz Festival brochures to the Parks and Recreation office yesterday, attention Michelle Cirone-Collier. The City of Patin Springs logo is proudly displayed amongst our sponsors. Logo will also appear on all event tickets. It is also posted on our web site.www.p almspringsj azz.corn 2. We are prepared to respond favorably to the City's request for 10 complimentary passes for the Community Appreciation Night Friday May 20th. Kindly provide us with a guest list at least one week prior to the event. As we spoke of at the initial meeting back in February and as reiterated herein, as a part of that group of 10 we invite the Mayor to be introduced on the main stage, dialogue with us about the Hanson House project and to address the public during an intermission. We look forward to this continuing partnership and making the 2005 Palm Springs Smooth Jazz Festival beneficial for the Hanson House and for the City of Palm Springs. In anticipation of your reply Dr Ercoli drereoli t palmsprin Jazz.com www.pahuspringsj azz,corn www.hansonlhouse.ora 4/22/2005 iS- 2-05; 9:S8AM: .i6p3236531 +� t/ 7 �I q 380 E Pasco El Mirador,Palm Springs, CA 92262 y' Mfi y 7601416-5070(p 7601416--5071 i e� l Federal-ID No. 20-0028619 2005 'ta;V 10th Annual-Palm Springs Smooth Jazz Festival 2005 T O'Donnell Golf Club-Downtown Palm Springs �— = ws ,f ]� May 20 &21,2005 . <� t vey To: I fJ������1 From: l etk- M. r Company: Date: ( •��` d`j Q 0 Phone: �h4 Pages: .Recipients Fax #: MESSAGE: ,ortant: This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is 'ileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the ' )Joyce or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination, -ibution or copying of the communication is strictly prohibited, If you have received this communication in error,please notify us tediately by telephone and return the message to its at the above address via U.S.Postal Service. Thank You! ii 5- 2-05; 9:58AM; ;9603236531 # 2/ 7 U5/U2/ZUUS U9:1U YA.A• M3Z2 633Z Yalm springs City Clerk 19002/007 i I AGREEMENT FOR EVENT PROMOTION 2obF PALM SPRINGS SMOOTH JAZZ FESTIVAL This Agreement governed bythe laws of the State of California is made and entered into by andbetween the City of Palm Springs, a municipal corporation, hereinafter called "City" and Desert Healthcare Foundation, a California nonprofit public benefit corporation, hereinafter called"Promoter". RECITALS I WHEREAS,theCMjCOUNCILrecognizestheintrinsicvalueo£culturalandpromotionaleventsandthe role they play in enhancing and expanding the economic vitality and image of the CITY; WHEREAS, the Cityl Council provides funding assistance to eligible organization for the purpose of providing cultural and ljromotional events and/or activities that generally benefit the community; WHEREAS,Promote plans to produce the 2oo5 Palm Springs Smooth Jazz Festival as described herein (hereinafter"EVENT");! WHEREAS Promoter is a California nonprofit public benefit corporation authorized to engage in charitable and edueatioli activities as well as those activities permitted to be carried out by a corporation exempt from federal inepme tax under Section sol(c)(4) of the Internal Revenue Code and under Section 170(c)(2) of the Internall Revenue Code; WHEREAS it is antic pated that the event's attendance will total in excess af2,3o0 people over the two- night festival and atten, ees will be staying in Palm Springs hotels, eating and shopping locally, thus enhancing the local ec01 Lomy. WHEREAS, PromobI r needs financial assistance to produce this Event and has requested City sponsorship; WHEREAS,the City iiouncil has determined that sponsorship of this Event would be of public benefit. NOW,THEREFORE. IT IS AGREED AS FOLLOWS: i i.o EVENT DATE kZD LOCATION a.a.i Promoter shall organize,manage and produce the Event as generally described in Exhibit"A" and attached hereto and incorporated herein by this reference. 1.1.2 The Event s4all be held on Friday, May no, and Saturday, May 21. In the event of inclement weather,Prcimoter.may request an alternate date for the Event. In no event shall an alternate date be set vKthou't the express written approval of City Manager or his designee. 2.o TITLE SPONSO'ICSHIP The parties hereby j agree-that the City shall be named as a sponsor of the Event. g.o SPONSORSHIP(TERMS 3.iTo produce the IEvent,the City will provide Promoter with the services as described in Section 5.0 of this agreement. 3.2 Promoter is tjesponsible for raising all funds necessary to produce the EVENT in excess to the City's contribution of One Thousand Five Hundred Dollars ($1,500). i 1 5- 2-05: 9:53AM; ;7603236531 + 3/ 7 j U5/02/20U5 U9:16 FAA 78U i3L2 833Z Palm springs City Clerk U003/007 i g.3 Promoter slI ll provide City with access for up to ten persons to the Community Appreciation Night Opening Ceremonies at O'Donnell Golf Club. 3.4 Promoter al;rees to identify the City of Palm Springs as an event sponsor in all of its promotional literature avid advertising distributed throughout the community and local area. IiI 4.0 PRODUCTION SERVICIES TO BE PROVIDED BY PROMOTER As the producer olj the Event,Promoter will provide production services,including,but notlimitedto, I the following and will ati eept all financial responsibility for such services: I ¢.1Securing the nl�cessaryvenues for the Event and related activities,including volunteers pre-event orientation}Meeting/party,participants'pie-event meeting,post-event sponsor appreciation ceremony, r nd other possible special attractions as approved by City. ¢.2 Contracting�and paying for all service vendors and technical support,including,but not limited to, sound, iA cluding a public address system, lighting (if applicable), bleachers, and security services at r;lated activities described in Section 4.1. 4.3 Recraitmeng coordination and supervision of volunteers and all their activities. i 4.4 Obtain certilieates of insurance and liability release forms from all entries, volunteers and vendors par�icipating in Event. 4.5 Promoter sl;all 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 I the Event and the City. b) Preparin press releases and marketing materials to promote the Event. c) Coordina ing local and regional public relations including the distribution of press materials tc entertt iument and travel writers. d) Coordinating with the City's Bureau of Tourism to promote Event. I e) Promotirig Event through personal appearances and/or the distributioai of collateral materials. 5-o DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY 5.iChy agrees to lorovide up to One Thousand Three Hundred Dollars ($1,3oo) worth of public services,including police services, fire services, street maintenance services and other public services as niay be deemed appropriate to produce Event. 1 5,2 City swill hanIg one(i)street banner at no cost to the Promoter. 5.3 The City will make a concerted effort to promote the Event on the City's government access channel and ether advertising and marketing vehicles as deemed appropriate. 6.o TERM OFAGREEI MENT 6JA.GREEMENT P�MOD. he effective date of this Agreement shall be from May i, 2oo5 through 3 i i 5- 2-05; 9:53AM: ;760323653t 4/ Ub/UZ/2uUu 08:1tl P'AA 70u I322 833�4 Palm Springs City Clerk IQ004/007 April 30, 2�06. Any covenant, term or provision of this Agreement, which, in order to be l effective,mrst survive the termination of this Agreement, shall survive any such termination. 6.2 BF EACH O;F AGREEMFNT.—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 maybe cause for termination at the election of City. City mayterminate this Agreement,for cause,bygiving ten(lo)days' noticeto Promoter.In the event of termination by whatever m yans,City shall have the option to direct Promoter's actions with respcetto access to materials oil 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 p,krticular breacb of this Agreement,it may condition same on payment by Promoter of actual dz;mages occasioned by such breach of Agreement and shall make every effort to resolve the:Fame quickly and amicably. 6.3 AGREEMEIIRT TERMINATION. In the event Promoter is unable to fulfill its responsibilities under this_ Z reement for any reason whatsoever,including circumstances beyond its control, City may to inate this Agreement in whole or in part in the same manner as for breach hereof and be entit ed to the same rights on termination. 6.4 REI1v2BURS6MENT. All amounts paid to Promoterpursuantto this Agreement shall be subject to reimbursement upon the occurrence of any of the following Events: a) Promoter loses its taco-exempt status under Section Soi(a)(4)and 170(c)(2)of the Internal Revenue,Code; or i b)The dissolution of Promoter; or i c) PromoterII terminates or attempts to terminate this Agreement for any reason other than City's faillure to make payments as provided hereunder;or d)Promoterj fails to fulfill the responsibilities, duties, and obligations set forth herein. I 7.o GENERAL i 7.11NI)EMNiTY, Promoter will 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 and and all activities or undertakings of the Promoter which are the subject of this Agreement,including, without limitation,claims of the follow nature: a) Breach oif Contract. b) Tortious:{nterfereuce with contractual obligation. c) Tortious interference with prospective economic advantage. d) Service Mark or Copyright infringement and/or dilution. e) Property�lamage and/or loss. f) Negligeri4e. g) Bodily iaj zy. h) Personal dIm aage/injury(libel and slander). 7.2 INSTIRANCIE. Promoter will deliver to the City not less than thirty(3o) days prior to the first scheduled date of the Event,a certificate of insurance showingthe City as an additional insured in a policy o�policies issued by a company approved by the Risk Manager for the City,with coverages an4d limits of insurance acceptable to the Risk Manager, not subject to cancellation except upon thirty- (30) daywritten notice to the City. i 4 5- 2-05; S:58AM; ;7603236531 # 5/ 7 05/02/LUU5 U9:17 pAX 7UU,32E 833Z palm Springs City Clerk IA00S1007 • I 7.3 INSPECTI(?N OF RECORDS.Cityshall have the rightto monitor and inspect allwork or records under this jj greement. - 7.4 COMPLEIT.AGREEMENT.-This-Agreement contains all the terms and conditions agreed tpoh by the partiAs. 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 411 previous agreements,if any,between the parties. � I i 7.5 AMENDMINTS. 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 j of this Agreement. 7.6 NOTICES. l�ommunications among the parties hereto shall be addressed as follows: H-A vsvu s¢ PROMOTEZ: FOUNDATION y l4L/t l Frank R, Ercoli,MD,President Hanson House Foundation, Inc. g8o E. Paseo El Mirador i Palm Springs, CA.92262 (760)416-5070 FAX(760)416-5071 CITY: CITY OF PALM SPRINGS David li. Ready, City Manager P,O. Sox 2743 Palm Springs, CA 92262 (760) 322-8336 FAX(76o)323-8207 7.7CITY REPRESENTATION, Promoter shall work closely with the City's Director of Parks and Recreation, ho shall be designated the"Liaison Representative of City." Promoter principals shall provid6 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. Promotershall comply with all applicable federal,state,and local laws,ordinaIinces and regulations. I 7.9 STANDAR ! 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 •endering services under this Agreement.Promoter agrees that the acceptance of its work by City l 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 ofgeneially accepted professional procedure or which involve professional judgmentshall not be used.as a basis for submission of inadequate work or incomplete performance. II 7.10 DEMAND FUR.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 m,ay, if commercially reasonable, suspend any performance for which the agreed return has n' t been received. "Commercially reasonable"includes not only the conduct of a party with re, pect to performance under this Agreementbut also conduct with respect to other agreements 1P ith parties to this Agreement or others.After receipt of a justified demand,failure to provide mkthin a reasonable time, but not exceeding ten (io) days, sucb assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreemii,nt.Acceptance of any improper delivery, service, or payment does not prejudice 5 5- 2-06; 9:58AM; ;7603236531 # 6/ 7 05/02/2005 W 17 FAX 760 322 8332 Palm springs MY Clerk 10009/007 ,I the aggrieve d parry's right to demand adequate assurance of future performance. 7.11 THIRD PA]k1Y BENEFICIARIES. Nothing contained in this Agreement shall be construed to create and the parties do-noriAtend-to-create any rights in third parties, -- -' 7.12. EFFEC M DATE. This Agreement shall become effective and fully enforceable on the date i this agreem6nt is executed by-the City Manager on behalf of the City,which date shall be on or after the do He this Agreement is executed by Promoter. i I [SIGNATURE BLOCK NEXT PAGE] I 1 I i I i I I i i I I I i I I i I I I i i i I I I i 6 I 5- 2-05; S:58AM; ;7603236531 # 7/ 7 05/02/Z005 U4:17 FAA 700i 3ZZ 833Z calm Springs Clty Clerk [0007/007 IN WITNESS W)�EREOF, the parties have executed and entered into this Agreement as of the date first written above t I CITY OF PALM SPRINGS ATTEST: a municipal corporation i i By' ', By'— City Clerk City Manager 1 II CONTRACTOR: Che�K one:_Individual _Partnership _Corporation I BY:.. . _. By: Signature (notariz6d).� Signature (notarized) I / I I � Na e: r Name: Title- �✓ � Q') G(n0, rL' itle• (This Ag'g ment must be sig pad in the shove space by one of the (This Agreement must be signed in the oheve Space by one of the following:Chairman of the 8o$r9,President or any Vice President.) following:chairman of the Voerd, President or any Vice President) state of C�}L )Fc�Post l l�r state or } County of )UL`r°`Sil /✓ as County of 1ss On Slai�afommo,HfaN5ESrS•SUSSMf9N On beforo me, pe hyappeared'�R , IFf�q�l< Etaco�L/ personally appeared arsonally known to me(or pn(ved to me on the basis of satisfactory personally known to ma(or proved to me on tlia basis ofsatlsfactory evidence)tobe the person(ojv+hosoname(8)ts/are-subaaribodtothe evidence)tobe the person(s)whosonamo(s)is/aresubserlbedtothe Within instrument and oeknowkedged to me that helsheAAeyexecuted with in In strument a ad aN(nowledged to me that helsha/thoyexecuted the same in hls/'hefteir arhthorized capaelty(ies); and [hat by the same in hlsrhedlhelr authorized eapacily(es), and that by his/lrwAhO oignature(j)on lh(I tosbumontthe poreon(s),orihe entity on the Instrument the person(s),at the entity upon behalf of which the pars n( 1 acted,exrculed the instrument. upon behalf ofwhich the person(s)acted,executed the Instrument- WITNESS my nand and c iclal seal. WITNESS my hand end official seal, i Notary Sfgnature� Notary Signat➢re Notary Seat! Notary Seal: 'OFFICIAL SEAL ERNESTL SUSSMAN NOTAfY PUBLIC-CALIFORNIA y APPRO AS TO FORM: COMMISSION #1303075 E RIVERSIDE COUNTY "FOB My Commission Exp.May 31,2005 i CITY COUNCIL MAY 4, 2005 iCONSENT CALENDAR SUBJECT: 2005 PALM SPRINGS SMOOTH JAZZ FESTIVAL i FROM: David H. Ready, City Manager BY: Department of Parks and Recreation SUMMARY: The City Council will consider an Agreement for Event Promotion and waiving I banner fees for the 2005 Palm Springs Smooth Jazz Festival and adopting a j proposed resolution that suspends certain regulatory ordinances for that event as allowed under City Ordinance #1310. RECOMMENDATION: 1. Approve Minute Order No. "APPROVING AGREEMENT FOR EVENT I PROMOTION AND THE WAIVER OF BANNER FEES FOR THE 2005 PALM SPRINGS SMOOTH JAZZ FESTIVAL." 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TEMPORARILY SUSPENDING CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2005 PALM SPRINGS SMOOTH JAZZ FESTIVAL." I STAFF ANALYSIS: The Palm Springs Smooth Jazz Festival was created in 1996 to increase the awareness of and generate support for regional trauma services in the Palm Springs area. Presented by Desert Healthcare Foundation and Desert Trauma Surgeons, the festival was an immediate success. From 1996 through 2001, the festival was held in Andreas Canyon in south Palm Springs, providing a wonderful natural setting and ambience appreciated by all who attended. From 2002 through 2004, the event was held at O'Donnell Golf Course and the City began sponsorship of the event by waiving banner fees and paying for some Police Department and Fire Department costs at the event. The proceeds from the first four events (1996 - 1999) were directed toward the Desert Healthcare Foundation, a nonprofit organization dedicated to promoting community health and wellness. Proceeds from subsequent events through 2004, as well as this year's, are being directed toward the funding for Hanson House, the desert's only hospital hospitality house that opened its doors on December 24, 2003. The facility provides temporary low or no-cost housing for families of critically ill or injured patients at Desert Regional Medical Center. Item No. 2 . P . i I PALM SPRINGS SMOOTH JAZZ FESTIVAL DATE: May 4, 2005 PAGE: Two I The promoter of the Palm Springs Smooth Jazz Festival is asking the City to sponsor this event in the amount of$1,300 for police and fire personnel costs and the waiver of $200 for hanging a street banner. The City would be named as a sponsor of the event for its donation. I Additionally, the Smooth Jazz Festival will highlight the City of Palm Springs in its promotional literature as an "event sponsor" and provide the City with ten (10) complimentary passes to the Community Appreciation Night Opening Ceremonies at O'Donnell Golf Club. This year's event is scheduled for Friday and Saturday, May 20 and 21, at O'Donnell Golf Club in downtown Palm Springs from 6:30 p.m, to 10:30 p.m. It is expected to create added attractions for the business community at a traditionally slow time of year. It is anticipated that this year's attendance will surpass last year's event, which totaled 2,300 people over the two nights. On October 5, 1988, City Council adopted Ordinance #1310, which authorizes temporary suspension of regulatory ordinances to facilitate City-sponsored events. If this event becomes a City-sponsored event, a Resolution will be submitted to City Council for consideration that temporarily suspends the Noise Ordinance, Nuisance Ordinance, Sign Ordinance, and Zoning Ordinance on May 20 and 21. FISCAL IMPACT: Funding for this event in the amount of $1,500 is available in the Community Promotions budget, Palm Springs Smooth Jazz Fest,Account No. 112-2018-45644. ott MikesriP rector David H. Ready, City �er Departmenrks and Recreation ATTACHMENTS: 1. Letter dated February 3, 2005, from Frank R. Ercoli, MD, President, Hanson House Foundation, Inc., to Director of Parks and Recreation 2. Letter dated February 16, 2005, from Director of Parks and Recreation to Frank R. Ercoli, MD, President, Hanson House Foundation, Inc. 3. E-Mail dated April 22, 2005 from Frank R. Ercoli, MD, President, Hanson House Foundation, Inc., to Director of Parks and Recreation AGREEMENT FOR EVENT PROMOTION 2005 PALM SPRINGS SMOOTH JAZZ FESTIVAL This Agreement governed by the laws of the State of California is made and entered into by and between the City of Palm Springs, a municipal corporation, hereinafter called "City" and Desert Healthcare Foundation, a California nonprofit public benefit corporation, hereinafter called"Promoter". RECITALS WHEREAS,the CITY COUNCIL recognizes the intrinsicvalue 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 2005 Palm Springs Smooth Jazz Festival as described herein (hereinafter"EVENT"); i WHEREAS Promoter is a California nonprofit public benefit corporation authorized to engage in charitable and education activities as well as those activities permitted to be carried out by a corporation exempt from federal income tax under Section 501(c)(4) of the Internal Revenue Code and under Section 170(c)(2) of the Internal Revenue Code; IWHEREAS it is anticipated that the event's attendance will total in excess of 2,300 people over the two- night festival and attendees will be staying in Palm Springs hotels, eating and shopping locally, thus enhancing the local economy. I WHEREAS, Promoter needs financial assistance to produce this Event and has requested City sponsorship; I WHEREAS,the City Council has determined that sponsorship of this Event would be of public benefit. NOW,THEREFORE, IT IS AGREED AS FOLLOWS: i I I i 1.o EVENT DATE AND LOCATION i.i.i Promoter shall organize, manage and produce the Event as generally described in Exhibit"A" i and attached hereto and incorporated herein by this reference. I t.1.2 The Event shall be held on Friday, May 20, and Saturday, May 21. 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 Manager or his designee. 2.o TITLE SPONSORSHIP The parties hereby agree that the City shall be named as a sponsor of the Event. 3.0 SPONSORSHIP TERMS 3.1 To produce the Event,the City will provide Promoter with the services as described in Section 5.o of this agreement. 3.2 Promoter is responsible for raising all funds necessary to produce the EVENT in excess to the City's contribution of One Thousand Five Hundred Dollars ($1,5oo). 3.3 Promoter shall provide City with access for up to ten persons to the Community Appreciation Night Opening Ceremonies at O'Donnell Golf Club. 3.4 Promoter agrees to identify the City of Palm Springs as an event sponsor in all of its promotional literature and advertising distributed throughout the community and local area. 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: 4.1Securing the necessary venues for the Event and related activities,including volunteers pre-event orientation meeting/party, participants' pre-event meeting, post-event sponsor appreciation ceremony, and other possible special attractions as approved by City. 4.2 Contracting and paying for all service vendors and technical support,including,but not limited to, sound, including a public address system, lighting (if applicable), bleachers, and security services at related activities described in Section 4.1. 4.3 Recruitment, coordination and supervision of volunteers and all their activities. I 4.4 Obtain certificates of insurance and liability release forms from all entries, volunteers and vendors participating in Event. I I 4.5 Promoter shall be responsible for all promotional activities related to the Event, including: I a) Arranging and buying advertising space in local newspapers and other publications to jpromote the Event and the City. I b) Preparing press releases and marketing materials to promote the Event. I ! c) Coordinating local and regional public relations including the distribution of press materials I to entertainment and travel writers. I d) Coordinating with the City's Bureau of Tourism to promote Event. i e) Promoting Event through personal appearances and/or the distribution of collateral materials. 5.o DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY 5.rCity agrees to provide up to One Thousand Three Hundred Dollars ($1,300) worth of public services, including police services, fire services, street maintenance services and other public services as may be deemed appropriate to produce Event. 5.2 City will hang one(1) street banner at no cost to the Promoter. 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.o TERM OFAGREEMENT 6.iAGREEMENT PERIOD. he effective date of this Agreement shall be from May 1, 2005 through 3 April 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. 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(ro)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. 6.4 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) Promoter loses its tax-exempt status under Section 501(c)(4)and 170(e)(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 I d) Promoter fails to fulfill the responsibilities, duties, and obligations set forth herein. I I 7.o GENERAL I I 7.1INDEMNITY. Promoter will 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 and and all jactivities or undertakings of the Promoter which are the subject of this Agreement,including, without limitation, claims of the follow 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). 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 coverages and limits of insurance acceptable to the Risk Manager, not subject to cancellation except upon thirty- (30) day written notice to the City. 4 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 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: DESERT HEALTHCARE FOUNDATION Frank R. Ercoli, MD, President Hanson House Foundation, Inc. 38o E. Pasco El Mirador Palm Springs, CA 92262 (760) 416-5070 FAX(760)416-5071 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 7.7CITY REPRESENTATION. Promoter shall work closely with the City's Director of Parks and Recreation,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 complywith all applicable federal,state,and local I laws, ordinances and regulations. I 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.ro DEMAND FORASSURANCE.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 (ro) 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 5 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. N 7.12 EFFECTIVE DATE. This Agreement shall become effective and fully enforceable on the date this agreement is executed by the City Manager on behalf of the City,which date shall be on or after the date this Agreement is executed by Promoter. [SIGNATURE BLOCK NEXT PAGE] I I I I I I I 6 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 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 }ss County of_ }ss On before me, _ On before me, personally appeared personally appeared personally known to me(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 persons)whose name(s)is/are subscribed to the evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed within instrument and acknowledged to me that he/she/they executed the same in his/'her/their authorized capacity(ies), and that by the same in his/'her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the entity upon behalf of which the person(s) acted, executed the instrument. instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: _ Notary Signature: Notary Seal: Notary Seal: I 7 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 the (This Agreement must be signed in the above space by one of the following:Chairman or the Boaxl,President or any Vice President.) following:Chairman of the Board,President or any Vice President.) State of } State of ) County of )ss County of )ss On before me, On before me, personally appeared personally appeared personally known to me(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(s)whose name(s)is/are subscribed to the evidence)to be the person(s)whose name(s)is/are subscribed tothe within instrument and acknowledged to me that he/she/they executed within instrument and acknowledged to me that he/she/they executed the same in hisPher/their authorized capacily(les), and that by the same in hlsPher/their authorized capacity(ies), and that by his/her/theirsignature(s)on the instrumentthe person(s),ortheentlty his/her/theirstgnature(s)on the instrumentthe person(s),orthe entity upon behalf of which the person(s)acted,wecuted the instrument. upon behalf of which the person(s)acted,executed the Instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. I Notary Signature: Notary Signature: 1 i Notary Seal: Notary Seal: i APPRO AS TO FORM: By: True: 12��� MINUTE ORDER NO. 7664 APPROVING AN AGREEMENT NO. A5091 WITH HANSON FOUNDATION INC. FORMERLY DESERT HEALTHCARE FOUNDATION FOR EVENT PROMOTION AND THE WAIVER OF BANNER FEES FOR THE 2005 PALM SPRINGS SMOOTH JAZZ FESTIVAL A05091 I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that this Minute Order approving an Agreement No. A5091 with Hanson Foundation, Inc. formerly Desert Healthcare Foundation for event promotion and the waiver of banner fees for the 2005 Palm Springs Smooth Jazz Festival, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 4ch day of May, 2005. James Thompson, City Clerk MINUTE ORDER NO. 7664 APPROVING AN AGREEMENT NO. A5091 WITH DESERT HEALTHCARE FOUNDATION FOR EVENT PROMOTION AND THE WAIVER OF BANNER FEES FOR THE 2005 PALM SPRINGS SMOOTH JAZZ FESTIVAL A05091 I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that this Minute Order approving an Agreement No. A5091 with Desert Healthcare Foundation for event promotion and the waiver of banner fees for the 2005 Palm Springs Smooth Jazz Festival, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 0 day of May, 2005. James Thompson, City Clerk II I I I RESOLUTION NO. 21256 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TEMPORARILY SUSPENDING CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2005 PALM SPRINGS SMOOTH JAZZ FESTIVAL A05091 WHEREAS the City of Palm Springs designated the Palm Springs Smooth Jazz Festival 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 generallydeemed 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 2005 Palm Springs Smooth Jazz Festival is a special event beneficial to the community and its visitor-oriented economy. B. That the dates and times of the 2005 Palm Springs Smooth Jazz Festival are Friday and Saturday, May 20 and 21, from 6:30 p.m. to 10:30 p.m. C. That Desert Healthcare Foundation is the event promoter, along with its construction personnel and staff. D. That the venue is O'Donnell Golf Club in downtown Palm Springs. I Section 2. That the following ordinances are hereby temporarily suspended for the special event designated in Section 1 above: Sign Ordinance, Zoning Ordinance, Noise Ordinance and Nuisance Ordinance. Resolution No. 21256 Page 2 Section 3. That the regulatory ordinances designated in Section 2 above shall remain in full force and effect as to the event, date and persons or organizations as designated in Section 1 above. ADOPTED THIS 4th day of May, 2005. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21256 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 4, 2005, by the following vote: I AYES: Members Foat, McCulloch, Pougnet and Mayor Oden I NOES: None i ABSENT: None ABSTAIN: Member Mills James Thompson, City Clerk City of Palm Springs, California