HomeMy WebLinkAbout05084 - PALM SPRINGS POWER BASEBALL FOUNDATION FACILITY USE P.S. STADIUM PSPBF dim Spruiys rower Baseball
Foundation
Facility Use-Palm Springs Stadium
AGREEMENT#5084
AGREEMENT TO USE FACILITIES Res 20271, 4-1p1-2005
This Agreement to Use Facilities ("Agreement") is made and entered into this @ , day of
A 1c m \ 12005,by and between the CITY OF PALM SPRINGS,a municipal corporation
(`16 ty")'and PALM SPRINGS POWER BASEBALL FOUNDATION,a California nonprofit public
benefit corporation ("PSPBF").
RECITALS
WHEREAS, City and PSPBF are mutually interested in and concerned with providing quality
recreational activities for the citizens of Pahn Springs; and
WHEREAS, it is recognized that through a cooperative agreement between the City and PSPBF,
the corn munity will be afforded the fulfillment of one of its recreational goals for citizens.
NOW, TIIEREFORE, the City and PSPBF do hereby mutually agree as follows:
1. INTENT OF AGREEMENT
1.1. It is the intent of this Agreement to describe the responsibilities of the City and
PSPBF in their cooperative effort to effectively promote and provide competitive
collegiate-level baseball entertainment for local resident and visiting tourist youth
and adults at Palm Springs Stadium ("Stadium").
1.2 The parties agree that PSPBF may identify the Stadium as its"home"stadium for
all baseball games held for or on behalf of PSPBF during the tern of this
Agreement.
13 It is the intent of this Agreement to solidify a supportive and working relationship
between PSPBF and the City.
1.4 It is the intent of this Agreement that both the City and PSPBF acknowledge and
direct their efforts toward the development of quality baseball prograuns at the
Stadium.
1.5 It is the intent of this Agreement that the City grants PSPBF the nonexclusive use
of the following portions of the Stadium located at 1901 East Baristo Road,Palm
Springs,California,subject to the terms and conditions more particularly set forth
herein:
1.5.1 PSPBF shall have the exclusive use of the offices located at the Stadium
during the term of this Agreement, except the City may grant third
parties utilizing the Stadium the right to use the box office located in the
offices on days that PSPBF is not hosting home games or a tournament.
1.5.2 Subject only to the City's Fourth of July event, PSPBF shall have the
exclusive use of the entire Stadium for its approximately forty (40)
home games of the collegiate all-star baseball team owned by PSPBF,
Imown as the Palm Springs Power("Team"), during the baseball season
for the Pacific Southwest League ("Season"), plus all tournaments
0V,,% ,1,A �a
hosted by the Team, commencing at 6:00 a.m. on the date of such home
game or tournament and ending three (3) hours after the completion of
each home game or,for a tournament,last game of the day.PSPBF shall
notify the City as soon as practicable of the dates of the home games for
the Team and any tournaments to be hosted by the Team, but not later
than April 30.
1.5.3 For the period commencing with the first home game and ending with
the last home game of the Team or tournanlent to be hosted by the
Team, whichever is later, PSPBF shall have the exclusive right to use
the locker rooms located at the Stadium.
1.5.4 During the term of this Agreement, PSPBF shall remain a member in
good standing of the Pacific Southwest League.
Within five(5) days of the last home game of the Season(including any
tournament hosted by the Team), PSPBF shall vacate and surrender all
areas of the Stadium,except for the locker rooms,offices and concession
areas. PSP13F's schedule shall take precedence in all scheduling of the
Stadium.Nevertheless,the City shall have the right to grant third parties
the right to use all or any part of the Stadium at such times that will not
conflict with the terms of this Agreement and PSPBF agrees to
cooperate and coordinate with City for use of the Stadium by community
and youth organizations during the baseball season. City shall give
PSPBF notice of other events to be conducted at the Stadium within
seventy-hours (72) of booking such an event.
2. AREAS OF RESPONSIBILITY
2.1 Use
2.1.1 PSPBF shall exercise this Agreement solely for the management of the
Team, the playing of home games by the Team, the hosting of
tournaments by the Teary, and the sale of concessions during home
games. On the date of each home game or tournament game, PSPBF
shall be responsible for turning on and off the field lights prior to and
after the game. In addition, PSPBF shall be responsible for procuring
parking attendants and adequate security personnel, as reasonably
deemed necessary by the City, for each game. Similarly, each game,
PSPBF shall be responsible to ensure that all trash cans at the Stadiumi
are emptied and that all litter has been collected.
2.1.2 PSPBF shall not use or permit to be used the Stadium or any part thereof
for any purpose or purposes other than the express purpose or purposes
for which the Stadium is hereby rented to PSPBF. In addition, this
Agreement does not permit PSPBF to use the practice field. However,
PSPBF may apply to the City to use the Stadium or the practice field for
other baseball-related events through the City's standard Facility Use
Application process. PSPBF shall not sell or permit to be kept, used,
displayed or sold in or about the Stadium (a) any article that may be
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prohibited by standard forms of fire insurance policies, or (b) any
alcoholic beverages unless expressly approved in advance by the City.
2.1.1 PSPBF shall have complete responsibility for the control and
supervision of its staff members and invitees with respect to purchases
from the concession stand,use of the Stadium,and use of the concession
stand and concession stand equipment.
2.1.4 PSPBF shall be responsible for the control and safety of its staff,
members and guests while PSPBF,its staff,members and guests use the
Stadium.
2.1.5 PSPBF shall not engage in any activity on or about the Stadium that
violates any enviromnental law and shall promptly,at PSPBF's sole cost
and expense, take all investigatory and/or remedial action required or
ordered by any govermnental agency or enviromnental law for cleanup
and removal of any contamination involving any hazardous material
created or caused directly or indirectly by PSPBF. The term
"environmental law" shall mean any federal, state or local law, statute,
ordinance or regulation pertaining to health, industrial hygiene or the
enviromnental conditions on, Linder or about the Stadium, as such laws
are amended, and the regulations and administrative codes applicable
thereto.The term"hazardous material"includes,without limitation,any
material or substance that is(i) defined or listed as a"hazardous waste,"
"hazardous substance" or considered a waste, condition of pollution or
nuisance under the environmental laws; (ii) petroleum or petroleum
products or fractions thereof, (iii) asbestos; and/or, (iv) substances
known by the State of California to cause cancer and/or reproductive
toxicity. PSPBF shall provide prompt written notice to the City of the
existence of hazardous substances at the Stadium and any notices of
violation of enviromnental laws received by PSPBF.
2.2 Concessions and Ticket Sales
2.2.1 The City hereby grants to PSPBF the exclusive right to operate all
novelty, program, refreshment and concession facilities within the
Stadium during home games and tournaments hosted by the Team. The
City reserves the right to retain concessions for City-sponsored events.
PSPBF shall serve and provide for the sale of such items of food, drink
and goods as are normally served by concessionaires in baseball
stadiums, including, without limitation, souvenirs, prograrns, seat
cushions, baseball caps and batting helmets.
2.2.2 All rates charged for admission to the Stadium for home games and
tournament games and for the sale of concessions shall be uniform,
except that PSPBF shall provide discounted admission prices for
children under twelve(12),students and adults over sixty-five(65)years
of age, and subject to the prior approval of the City, which approval
shall not be unreasonably withheld. The standard used by the City to
approve or disapprove rates and prices shall be the prevailing market
rate for such items and services. The City shall have access to and the
right to inspect the schedule of prices and rates charged for admission
to the Stadium and for concessions and, in the event that after PSPBF
has been advised and given a reasonable opportunity to confer with the
City and justify the prices then in effect, if the City detennines that any
price or prices are unreasonable or inappropriate, the same shall be
modified as directed by the City. PSPBF shall display all prices for
admission and concessions conspicuously on signs approved by the City.
All rates for the sale of tickets and concession items are to be submitted
to the City by April 30 and prior to any promotion of said rates.
2.3. Advertising
2.3.1 PSPBF shall have the exclusive right to place advertising signs on the
outfield fence of the Stadium at locations approved in advance by the
City. All revenue received from such advertising shall be received by
PSPBF. Outfield advertising shall remain in place from March 1, 2005
through December 31, 2005. Such advertising shall be subject to the
approval of the City,which approval shall not be unreasonably withheld.
The City reserves the right to temporarily cover advertising signs during
special events and/or rentals of the Stadium by third parties. PSPBF
shall promote the Stadium and its team in consultation with the City's
Department of Tourism. The City shall be named in all advertising. For
promotional purposes, PSPBF shall include reference to the City in all
paid media (advertising), publications and signs. The City shall be
identified on a credit line prominently presented on the PSPBF's website
page. There shall be a hyperlink from the PSPBF's website to the City's
website at www.ci.palm-sprinas.ca.us. The parties agree that said link
may be "Framed" whereby material or pages from the linked website
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 websites 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 PSPBF.
2.3.2 The City shall be positioned as "Presenting Sponsor"in all advertising.
An example of advertising includes, but is not limited to, receiving
space to place one (1) fall-page four-color advertisement on the inside
of the PSPBF's official program for marketing and promotion purposes.
2.4 Repairs and Maintenance
2.4.1 PSPBF shall, at its sole cost and expense and subject to the City's
obligations more particularly set forth below, keep and maintain the
Stadium and the adjacent parking facilities, sidewalks and landscaping
in a good, neat, clean and orderly condition and state of repair,
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including, but not limited to, cleaning the Stadium and removing all
debris and litter from the Stadium after each home game and tournament
game. By entering into the Stadium, PSPBF shall be deemed to have
accepted the Stadium as being in a good, neat, clean and orderly
condition. PSPBF agrees that upon the surrender of any portion of the
Stadium to the City, the Stadium shall be surrendered in the same
condition as when received and in a good, clean and sanitary condition,
reasonable use and wear thereof and damage by fire, act of God or by
the elements excepted.
2.4.2 The City hereby agrees to mow, water, seed and otherwise maintain the
playing field of the Stadium in a condition satisfactory to conduct
independent league baseball games, provided that PSPBF shall be
responsible for preparing the infield for all home games and tournament
games. The City shall also maintain the playing field lights in a good
condition and repair, including, but not limited to, replacing bulbs and
fixtures as needed, on a timely basis to be operable at the time of all
home games and tournament games. The City shall be responsible for
cleaning the Stadium to a good, neat, clean and orderly condition after
third-parry events.
2.4.3 Before June 1, 2005, City will complete certain repairs and/or
improvements to the Stadiuun, including the following items:
a. Install one thousand (1,000) square feet +/- of concrete for the base
of the batting cage located on the south side of the Stadium.
b. Repair and/or replace, as needed, the drinking fountains in both the
"Home" and "Visitor" dugouts.
c. Repair and/or replace, as needed, the wooden steps and benches
located in both the "Home" and"Visitor" dugouts.
d. Repair and/or replace, as needed, the third base side entry gate
adjacent to the ticket booth located behind home plate.
e. Work with the Riverside County Department of Health to make
improvements as noted on the inspection forms dated March 2,2005
and performed by Shantel Bacon of the Riverside County Department
of Health (see Exhibit "B").
The improvements as noted will enable PSPBF to obtain an
Environmental Health permit to allow for the dispensing and
preparation of food and beverages;however,these improvements will
not allow for cooking food on the premises nor should they be
assumed to allow for this.
Concession improvements will include the repair and replacement of
window screens, installation of approved wallboard on certain
locations, installation of floor drains and air gap separations for
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appliance drains, and general cleanup and painting within the
concession area.
2.5 Utilities
2.5.1 The City shall provide and maintain all utilities for the Stadium,
including water, gas and electricity except as noted below in Section
2.5.2. PSPBF hereby waives any and all claims it may now or in the
future have against the City for any losses or damages sustained by
PSPBF by reason of any defect, deficiency or impairment in the
provision of utilities to the Stadium.
2.5.2 The City will not provide or maintain the utilities needed for outfield
lighting. The outfield lighting will be metered and billed separately by
the City to PSPBF. PSPBF will have full control over the use of the
outfield lighting by way of a key-controlled metering system.
The outfield lighting system uses approximately one hundred five(105)
kilowatts of electricity per hour. The City will bill PSPBF at a rate of
Twenty-Five Cents(25¢)per kilowatt hour plus a portion of the monthly
Southern California Edison Demand Charge each month.
PSPBF will have the exclusive control of one (1) of three (3) key-
operated electrical meters in the Stadium. PSPBF will be obligated to
pay an equal share of the Southern California Edison Demand Charge
each month.The current monthly Demand Charge is Six Hundred Forty-
Two Dollars($642)and PSPBF will be responsible to pay Two Hundred
Fourteen Dollars($214)per month for every month in which the outfield
lighting is used or there is a registered use on PSPBF's assigned meter.
At the specified rate of Twenty-Five Cents (25¢) per kilowatt hour, the
City estimates the cost to operate the outfield lighting at Twenty-Six and
25/100 Dollars ($26.25) per hour plus Demand Charges.
Payment will be due the City within fifteen(15) days of the date billed.
If payment is not received within ten (10) days of its due date, a late
charge will be applied pursuant to Section 3.6 of this Agreement.
2.6 Alterations and Fixtures
PSPBF shall not make or suffer to be made any alterations to the Stadium, or any
part thereof, or change the appearance of the Stadium without the prior written
consent of the City, and any alterations to the Stadium, except for movable
furniture and trade fixtures, shall become at once a part of the realty and shall, at
the expiration or earlier termination of this Agreement, belong to the City. Any
such alteration shall be in conformance with the requirements of all municipal,
state, federal and other governmental authorities and in conformance with the
reasonable rules and regulations of the City. The City may require that ally such
alterations be removed prior to the expiration of the term hereof. Any removal of
alterations or fixtures shall be at the PSPBF's sole cost and expense and
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accomplished in a good and workmanlike manner. Any damage caused by such
removal shall be repaired at PSPBF's sole cost and expense so that the Stadium
can be surrendered in a good, clean and sanitary condition as required by Section
2.4 above. In installing and removing any such alterations or fixtures, PSPBF
shall pay the prevailing wage rate. PSPBF shall keep the Stadiun and the
property on which the Stadium is situated free from any liens arising out of any
work performed,material furnished or obligation incurred or alleged to have been
incurred by PSPBF.
2.7 Damage and Destruction
In the event of(a)a partial or total destruction of the Stadium that requires repairs
to the Stadirun or (b) the Stadium being declared unsafe or rmfit for occupancy
by any authorized public authority for arty reason other than PSPBF's act, use or
occupation, which declaration requires repairs throughout the Stadium, the City
shall have the right to either terminate this Agreement or repair the Stadium. If
the City elects to make said repairs, and provided the City uses due diligence in
making said repairs, this Agreement shall continue in frill force and effect. If the
City elects to terminate this Agreement, all rentals shall be prorated between the
City and PSPBF as of the date of such destruction.
2.8 Compliance with Law
PSPBF shall use the Stadium and conduct its operations thereon in accordance
with all ordinances,resolutions,statutes,rules and regulations of the City and any
federal, state or local govermnental agency having jurisdiction in effect.
2.9 Licenses, Permits, Fees and Assessments
PSPBF shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the use of the Stadium and conduct of its
operations thereon, and shall indemnify, defend and hold harmless City against
any such fees,assessments,taxes,penalties or interest levied,assessed or imposed
against City hereunder.
2.10 Further Responsibilities of Parties
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to
execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless
hereafter specified,neither party shall be responsible for the services of the other.
2.11 Prohibited Activities.
2.11.1 The City reserves the right to prohibit the sale of any item at the
concession stand.
2.11.2 Vending machines are prohibited.
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2.11.3 The sale of tobacco, gum and all other items that create safety or litter
problems, as determined by the City, is prohibited.
2.11.4 The sale of any item which is contained in glass or a metal container is
prohibited.
2.11.5 All other activities when specified by the Contract Officer in writing and
delivered to PSPBF are prohibited.
2.12 Security and Access
City and other public agencies, as necessary, shall have the right to enter any
portion of the Stadium for the purposes of verifying PSPBF's compliance with the
terms of this Agreement and all applicable laws. Such entry shall be made upon
oral notice to PSPBF, except that in cases of emergency, no notice shall be
required.
3. COMPENSATION
In consideration for this Agreement, PSPBF agrees to pay to the City the following:
3.1 Fixed Rental
PSPBF shall pay to the City an amount equal to Three Hundred Fifty Dollars
($350) for each home game and day of tournament play("Rent")pursuant to the
City's Comprehensive Fee Schedule. Rent shall be paid to the City on or before
the first of each month, in advance.
3.2 Security Deposit
PSPBF shall provide City with a security deposit in the sum of One Thousand
Dollars($1,000)due on or before May 1, 2005. City may draw upon the security
deposit to correct any default or breach of this Agreement by PSPBF, its
successors or assigns,or for payment of expenses incurred by City as a result of the
failure of PSPBF, its successors or assigns, to faithfully perform all terms,
covenants, and conditions of this Agreement, including, but not limited to,
nonpayment of Rent pursuant to Section 3.1.In the event City withdraws any or all
of the security deposit during the tern of this Agreement,PSPBF shall,within ten
(10)days of any withdrawal by City,replenish the security deposit to maintain it at
amounts as herein required throughout the lease tern. Failure to do so shall be
deemed a default and shall be grounds for immediate termination of this Agreement.
Nothing contained in this Section 3.2 shall in any way diminish or be construed
as waiving any of the City's other remedies as provided in this Agreement or by
law or in equity.
The security deposit shall be returned by City to PSPBF at the end of the term of
this Agreement, as defined in Section 4.2, provided PSPBF has fully and
faithfully performed each and every tern, covenant, and condition of this
Agreement.The authorized refund of any security deposit by City,after deduction
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of all amounts due City under this Agreement, shall be made after sixty(60)days
have elapsed following the effective date of said termination.
3.3 Percentage Gate
Should PSPBF's attendance exceed seven hundred fifty (750) people for any
home game or day of tournament play, PSPBF shall be required to pay to the
City, on a monthly basis commencing on the fifteenth (15") day of the month
following the month in which the first home game is played, on or before the
fifteenth(15t")day of each month, an amount equal to twenty-five percent(25%)
of the amount of the total gate receipts for attendance in excess of seven hundred
fifty(750) for that day.
3.4 Percentage of Concessions
Should PSPBF's ticket sales exceed PSPBF's"per game cost"for any home garne
or day of tournament play, PSPBF shall be required to pay to the City, on a
monthly basis commencing on the fifteenth(15`h)day of the month following the
month in which the first home garne is played,on or before the fifteenth(15`h)day
of each month, an amount equal to fifteen percent (15%) of the amount of gross
sales for food and beverage concessions made in, upon or from the Stadium for
the preceding month for all home games and tournament games and an amount
equal to eighteen percent (18%) of the amount of gross sales for food and
beverage concessions made in, upon or from the Stadium during the preceding
month for all Stadium events other than home garnes or tournament games hosted
by the Team. PSPBF's "per game cost" shall be the sum of PSPBF's Rent under
this Agreement and PSPBF's other approved costs, as set forth on Exhibit"A."
The teen"gross sales,"as used herein,means the total gross receipts for food and
beverage concessions sold and fees charged by PSPBF for food and beverage
concessions, whether for cash or credit or otherwise, and including the valuable
consideration other than money received for any of the foregoing,without reserve
or deduction for inability or failure to collect, including, but not limited to, sales
and leases. Gross sales shall include the full retail price of any merchandise
delivered or redeemed for coupons and all deposits not refunded to purchasers.
Gross sales shall not include sales taxes, consumer excise taxes, gross receipt
taxes and other similar taxes now or hereafter imposed upon the sale of
merchandise or services,but only if collected separately from the selling price and
collected directly from customers.
PSPBF shall keep at the Stadium frill, complete and proper books, records and
accounts of its daily gross sales and gate receipts, both for cash and on credit, at
all times during the term of this Agreement. The City and its agents and
employees shall have the right at any and all times during regular business hours
to examine and inspect all books and records of PSPBF, including any sales tax
reports pertaining to the business of PSPBF conducted in, upon or from the
Stadium for the purpose of investigating and verifying the accuracy of any
statement of gross sales and gate receipts and to cause an audit of the business of
PSPBF to be made by an accountant of the City's selection. If the statement of
gross sales or the statement of gate receipts previously made to the City shall be
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found to be inaccurate, then, and in that event, there shall be an adjustment and
one party shall pay the other on demand such sums as may be necessary to settle
in full the accurate amount of such percentage rental or gate receipts that should
have been paid to the City for the period or periods covered by such inaccurate
statement or statements. If said audit shall disclose an inaccuracy of greater than
three percent (3%) with respect to the amount of gross sales or gate receipts
reported by PSPBF, then PSPBF shall immediately pay to the City the cost of
such audit; otherwise, the cost of such audit shall be paid by the City.
3.5 Real and Personal Property Taxes
In addition to all other payments herein reserved, PSPBF shall pay directly to the
taxing authority any possessory interest taxes imposed upon PSPBF for the use
of the Stadium and all taxes assessed against and levied upon any fixtures,
furnishings, equipment and all other personal property of PSPBF located in the
Stadium.
3.6 Late Payment
PSPBF hereby acknowledges that late payment by PSPBF to the City of amounts
due hereunder will cause the City to incur costs not contemplated by this
Agreement, the exact arnount of which is extremely difficult to ascertain. Such
costs include, but are not limited to, processing and accounting charges.
Accordingly, any payment of any sums to be paid by PSPBF not paid within ten
(10) days of its due date shall be subject to a five percent (5%) late charge.
PSPBF and the City agree that this late charge represents a reasonable estimate
of such costs and expenses and is fair compensation to the City for its loss
suffered by such late payment by PSPBF.
3.7 Interest
Any sum to be paid pursuant to the terms of this Agreement not paid when due
shall bear interest from and after the due date until paid at a rate equal to three
percent (3%) over the reference rate being charged by Bank of America, N.A.
from time to time during such period so long as the rate does not exceed the
maximum non-usurious rate permitted by law, in which case interest shall be the
maximum non-usurious rate allowed by law at the time the sum became due.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence
Time is of the essence in the performance of this Agreement.
4.2 Term
Unless earlier terminated in accordance with Section 8.6 of this Agreement,the
term of this Agreement shall he for a period of one (1) year, commencing
March 1, 2005.
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5. COORDINATION OF WORK
5.1 Representative of PSPBF
The following principals of PSPBF are hereby designated as being the principals
and representatives of PSPBF, authorized to act on its behalf with respect to this
Agreement and make all decisions in comiection therewith:
Andrew Starke
4018 Carlyle Lakes Blvd.
Palm Harbor, FL 34685
It is expressly understood that the experience, knowledge, capability and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. For purposes of this Agreement, the foregoing
principals may not be replaced without the express written approval of City.
5.2 Contract Officer
The Contract Officer shall be the City's Department of Parks and Recreation
Director.It shall be the PSPBF's responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the PSPBF
shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall
mean the approval of the Contract Officer. The Contract Officer shall have
authority to sign all documents on behalf of the City required hereunder to carry
out the terms of this Agreement.
5.3 Prohibition Against Subcontracting or Assigmnent
The experience, knowledge, capability and reputation of PSPBF, its principals
and employees were a substantial inducement for City to enter into this
Agreement. Therefore, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, sublet, hypothecated or otherwise transferred
voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written approval of City. However, PSPBF may
subcontract or assign the concession sales to a licensed vendor upon prior written
approval by the City. Transfers restricted hereunder shall include the transfer to
any person or group of persons acting in concert of more than fifty percent(50%)
of the present ownership and/or control of PSPBF, taking all transfers into
account on a cumulative basis. In the event of any such umapproved transfer,
including any bankruptcy proceeding,this Agreement shall be void.No approved
transfer shall release PSPBF of any liability hereunder without the express
consent of City.
5.4 Independent Contractor
Neither City nor any of its employees shall have any control over the mamier,
mode or means by which PSPBF, its agents or employees, perform the services
required herein, except as otherwise set forth herein. City shall have no voice in
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the selection, discharge, supervision or control of PSPBF's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of
service. PSPBF shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role.PSPBF shall
not at any time or in any manner represent that it or any of its agents or employees
are agents or employees of City. City shall not in any way or for any purpose
become or be deemed to be a partner of PSPBF in its business or otherwise or a
joint venturer or a member of any joint enterprise with PSPBF.
6. INSURANCE, INDEMNIFICATION AND BONDS
6.1 Insurance
PSPBF shall procure and maintain, at its sole costs 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. Comprehensive General Liabilitv Insurance. A policy of comprehensive
general liability insurance written on a per-occurrence basis in an arnount
not less than either (i) a combined single limit of One Million Dollars
($1,000,000) for bodily injury, death and property damage or (ii) bodily
injury limits of Five Hundred Thousand Dollars($500,000)per person,One
Million Dollars ($1,000,000) per occurrence and One Million Dollars
($1,000,000) products and completed operations and property damage
limits of Five Hundred Thousand Dollars ($500,000) per occurrence and
Five Hundred Thousand Dollars ($500,000) in the aggregate.
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 that shall indemnify, insure and provide legal defense for
both PSPBF and the City against any loss, claim or damage arising from
any injuries or occupational diseases occurring to any worker employed by
or any persons retained by PSPBF in the course of carrying out the work or
services contemplated in this Agreement.
c. Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per-occurrence basis in an amount not less than
either (i) bodily injury liability limits of Two Hundred Fifty Thousand
Dollars ($250,000) per person and Five Hundred,Thousand Dollars
($500,000) per occurrence and property damage liability limits of One
Hundred Thousand Dollars ($100,000) per occurrence and Two Hundred
Fifty Thousand Dollars ($250,000)in the aggregate or(ii)combined single
limit liability of Five Hundred Thousand Dollars ($500,000). Said policy
shall include coverage for owned, non-owned, leased and hired cars.
All of the above policies of insurance shall be primary insurance and shall
name the City, its officers, employees and agents as additional insureds.
The insurer shall waive all rights of subrogation and contribution it may
have against City, its officers, employees and agents and their respective
12
insurers. All of said policies of insurance shall provide that said insurance
may not be amended or canceled without providing thirty (30) days' prior
written notice by registered mail to the City. In the event any of said
policies of insurance are canceled, PSPBF shall, prior to the cancellation
date, submit new evidence of insurance in conformance with this
Section 6.1 to the Contract Officer. No work or services under this
Agreement shall commence until PSPBF has provided City with
Certificates of Insurance or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance or binders are
approved by City.
PSPBF agrees that the provisions of this Section 6.1 shall not be construed
as limiting in any way the extent to which PSPBF may be held responsible
for the payment of damages to any persons or property resulting from
PSPBF's activities or the activities of any person or persons for which
PSPBF is otherwise responsible.
In the event PSPBF subcontracts any portion of the work in compliance
with Section 5.3 of this Agreement,the contract between PSPBF and such
subcontractor shall require the subcontractor to maintain the same policies
of insurance that PSPBF is required to maintain pursuant to this
Section 6.1.
6.2 Indemnification
PSPBF, as a material part of the consideration to be rendered to the City under
this Agreement, hereby waives claims against the City for damage to equipment
or other personal property,trade fixtures,improvements, goods,wares,inventory
and merchandise in, upon or about the Stadium and for injuries to persons in or
about the Stadium from any cause arising at any time.PSPBF agrees to indemnify
the City, its officers, agents and employees against and shall hold and save them
and each of them harmless from any and all actions, suits, claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities (herein "claims or liabilities") that may be asserted or claimed by any
persons, firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities of PSPBF, its agents,
employees, subcontractors or invitees provided for herein, or arising from the
negligent acts or omissions of PSPBF hereunder, or arising from PSPBF's
negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement,but excluding such claims or liabilities arising from
the sole negligence or willful misconduct of the City, its officers, agents or
employees,who are directly responsible to the City,and in connection therewith:
a. PSPBF shall defend any action or actions filed in connection with any of
said claims or liabilities and shall pay all costs and expenses, including
legal costs and attorneys' fees inured in connection therewith;
b. PSPBF shall promptly pay any judgment rendered against the City, its
officers, agents or employees for any claims or liabilities arising out of or
in connection with the negligent performance of or failure to perform such
13
work, operations or activities of PSPBF herermder; and PSPBF agrees to
save and hold the City, its officers, agents and employees harmless
therefrom;
c. In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against PSPBF for such
damages or other claims arising out of or in connection with the negligent
performance of or failure to perform the work, operation or activities of
PSPBF hereunder, PSPBF agrees to pay City, its officers, agents or
employees and or employees in such action or proceeding, including, but
not limited to, legal costs and attorneys' fees.
6.3 Sufficiency of Insurer or Surety
The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated"A" or better in the most
recent edition of Best Rating Guide, The Kev Rating Guide or in the Federal
Register, and only if they are of a financial category Class VII or better, wiless
such requirements are waived by the Risk Manager of the City("Risk Manager")
due to unique circumstances. hi the event the Risk Manager determines that the
work or services to be performed under this Agreement creates an increased or
decreased risk of loss to the City, PSPBF agrees that the minimum limits of the
insurance policies and the performance bond required by this Section 6 may be
changed accordingly upon receipt of written notice from the Risk Manager,
provided that PSPBF shall have the right to appeal a determination of increased
coverage by the Risk Manager to the City Council of City within ten(10)days of
receipt of notice from the Risk Manager.
7. RECORDS AND REPORTS
7.1 Reports
PSPBF shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
7.2 Records
PSPBF shall keep, and require subcontractors to keep, such books and records as
shall be necessary to perform the services required by this Agreement and enable
the Contract Officer to evaluate the performance of such services. The Contract
Officer shall have full and free access to such books and records at all times
during normal business horns of City, including the right to inspect, copy, audit
and snake records and transcripts from such records. Such records shall be
maintained for a period of three (3) years following completion of the services
hereunder, and the City shall have access to such records in the event any audit
is required.
14
i
I
I
8. ENFORCEMENT OF AGREEMENT
I
8.1 California Law
IThis Agreement shall be construed and interpreted both as to validity and to
performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute,claim or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
PSPBF covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
I
8.2 Disputes
In the event of any dispute arising under this Agreement, the injured party shall
notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder
so long as the injuring party commences to cure such default within ten(10)days
of service of such notice and completes the cure of such default within forty-five
(45) days after service of the notice, or such longer period as may be permitted
by the injured party; provided that if the default is an immediate danger to the
health, safety and general welfare, such immediate action may be necessary.
Compliance with the provisions of this section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such
compliance shall not be a waiver of any party's right to take legal action in the
event that the dispute is not cured.
8.3 Waiver
No delay or omission in the exercise of any right or remedy by,a non-defaulting
party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring
the party's consent or approval shall not be deemed to waive or render
uruiecessary the other party's consent to or approval of any subsequent act. Any
waiver by either party of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of this
Agreement.
8.4 Rights and Remedies are Ctunulative
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
8.5 Legal Action
hr addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for
15
any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the
purposes of this Agreement.
8.6 Termination for Default of PSPBF
If PSPBF fails to cure a default within the time periods set forth in Section 8.2
above, then the City, in addition to any other rights or remedies it may have in
law or equity, shall have the immediate right to remove all persons and property
from the Stadium and such property may be removed and stored in a public
warehouse or elsewhere at the cost of and for the account of PSPBF, all without
services of notice or resort to legal process without being deemed guilty of
trespass, or becoming liable for any loss or damage which may be occasioned
thereby and may unilaterally terminate this Agreement by written notice effective
three (3) calendar days after said notice.
8.7 Attorneys' Fees
If either party to this Agreement is required to initiate or defend or made a party
to any action or proceeding in any way cormected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief that
may be granted, whether legal or equitable, shall be entitled to reasonable
attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and,
in addition, a party entitled to attorneys' fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery,
and all other necessary costs the Court allows that are incurred in such litigation.
All such fees shall be deemed to have accrued on commencement of such action
and shall be enforceable whether or not such action is prosecuted to judgment.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-Liability of City Officers and Employees
No officer or employee of the City shall be personally liable to PSPBF, or any
successor in interest, in the event of any default or breach by the City or for any
amount that may become due to PSPBF or to its successor, or for breach of any
obligation of the terms of this Agreement.
9.2 Conflict of Interest
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement that affects his financial interest or the
financial interest of any corporation, partnership or association in which he is,
directly or indirectly, interested in violation of any state statute or regulation.
PSPBF warrants that it has not paid or given and shall not pay or give any third
party any money or other consideration for obtaining this Agreement.
16
9.3 Covenant Against Discrimination
PSPBF covenants that, by and for itself, its heirs, executors, assigns and all
persons claiming under or through them, there shall be no discrimination against
or segregation of any person or group of persons on account of race, color,creed,
religion, sex,marital status,national origin or ancestry in the performance of this
Agreement. PSPBF shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to
their race, color, creed, religion, sex, marital status, national origin or ancestry.
10. MISCELLANEOUS PROVISIONS
10.1 Notice
Any notice, demand, request, document, consent, approval or communication
either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid,first-class mail,
in the case of the City, to the City Manager and to the attention of the Contract
Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California
92263-2743, and, in the case of PSPBF, to the person at the address designated
on the execution page of this Agreement. Either party may change its address by
notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72)
hours from the time of mailing if mailed as provided in this section.
10.2 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of this Agreement or any other rule of construction that
might otherwise apply.
10.3 Integration; Amendment
It is understood that there are no oral agreements between the parties hereto
affecting this Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this Agreement. This
Agreement may be amended at any time by the mutual consent of the parties by
an instrument in writing.
10.4 Severability
In the event that any one or more of the phrases, sentences, clauses, paragraphs
or sections contained in this Agreement shall be declared invalid or unenforceable
by a valid judgment or decree of a Court of competent jurisdiction,such invalidity
or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs or sections of this Agreement hereby declared as severable
and shall be interpreted to carry out the intent of the parties hereunder unless the
17
invalid provision is so material that this invalidity deprives either party of the
basic benefit of their bargain or renders this Agreement meaningless.
10.5 Corporate Authority
The persons executing this Agreement on behalf of the parties hereto warrant that
(i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provision of this Agreement,
and (iv) the entering into this Agreement does not violate any provision of any
other agreement to which said party is bound.
10.6 Release
PSPBF hereby releases and forever discharges City from and against any and all
claims, demands, actions and causes of action whatsoever which PSPBF may
have or may hereafter have specifically arising in any way out of the exercise by
PSPBF of the rights afforded by this Agreement. This is a complete and final
release and shall be binding upon PSPBF and covers claims arising out of or
connected with PSPBF's presence and/or the use of all or any portion of the
Stadium by PSPBF.
10.7 Assignment
PSPBF may not assign this Agreement, or any right under it,whether voluntarily
or by operation by law, to an affiliate or any third party without the prior written
consent of City, which consent may be withheld in City's sole and absolute
discretion.As a condition precedent to any assignment,the assignee must execute
an assumption agreement assuming all of the obligations under this Agreement.
PSPBF shall not be relieved of its obligations under this Agreement in the event
of an assigmnent.
(SIGNATURES CONTINUED TO PAGE 19)
18
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date
first written above.
Approved as to form: "CITY"
CITY OF PALM SPRINGS
Dougla I Iolland, City Attorney �
B
Y/rector
l✓�
f Parks and Recreation
Clerk
Approved as to form: ITS F"
PALM SPRINGS POWER BASEBALL
FOUNDATION
Legal Counsel for PSPBF '
Chief Executive-6fficer
�{"
19
EXHIBIT "A"
TO AGREEMENT TO USE FACILITIES
BY AND BETWEEN CITY OF PALM SPRINGS
AND
PALM SPRINGS POWER BASEBALL FOUNDATION
During the term of this one-year Agreement to Use Facilities, Section 3.3, "Percentage Gate," and
the first paragraph of Section 3.4, "Percentage of Concessions," shall not apply.
EXHIBIT "A"
Page 1 of 1
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COUNTY,OF RIVERSIDE COMMUNITY HEALTH AGENCY
DEPARTMENT OF�ENVIRONMENTAL. HEALTH
ENVIRONMENTAL HEALTH SERVICES
SUPPLEMENTAL,REPORT TOSAN. FORM# i � ( DATE ] J
SUBJECT
Z 1 )r C y i 6IL�ERMIT NO.
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AA IC
MEMBER CERTIFICATE
A1me�r�tan�AItcrmllve Insurance Corporation COMMERCIAL GENERAL LIABILITY
555 College Road East
Princeton N.J.00543-5212 _
Named Insured Member and Address: Policyholder:
NBC/Palm Springs Power Sports and Recreation Providers Association Risk
1901 E.Baristo Road Management,Inc.
Palm Springs,CA 92262 1776 South Naperville Road, Bldg-B
Wheaton IL 60189
Member Certificate No.76A2GL1006074-00 Policy No. 76A2GL0000001-00
Certificate Coverage Period:
From: 411105 To: 111106 at 12:01 A.M. Standard Time
at the address of the Named Insured Member
Form of Business
N Individual ❑ Limited Liability Company
❑ Partnership ❑ Organization(Other Than Partnership,Joint Venture or Limited Liability Company)
❑ Joint Venture
COVERAGE, `,•, ,;
THE TERMS,EXCLUSIONS AND CONDITIONS OF THE INSURANCE PROVIDED UNDER THIS CERTIFICATE ARE CONTAINED
IN THE COMMERICAL GENERAL LIABILITY POLICY(CGL)ISSUED TO SPORTS AND RECREATION PROVIDERS
ASSOCIATION RISK MANAGEMENT,INC. THE COMPLETE CGL POLICY IS AVAILABLE FOR YOUR REVIEW AND/OR
INSPECTION UPON YOUR REQUEST TO THE PROGRAM ADMINISTRATOR SHOWN BELOW. THE INSURANCE AFFORDED BY
THIS CERTIFICATE SHALL NOT AMEND OR ALTER THE TERMS,EXCLUSIONS AND CONDITIONS OF THE CGL POLICY
INDICATED ABOVE.
L[M[ F 7N911>` N4E.'
$1,000,000 Each Occurrence Limit
❑ (If checked:Hired and Non-Owned Auto Liability coverage is provided)
Limits $300,000 Damages To Premises Rented to You(any one premises)
Of NOT Medical Expense(any one person)
Insurance COVERED
$1,000,000 Personal and Advertising Injury Limit
$2,000,000 General Aggregate Limit(per certificate of insurance)
$1,000,000 Products-Completed Operations Aggregate Limit
Deductible N/A Each Claim
Athletic Programs-Amateur
PrQmuh0actud`ep�ilirE<40llNon:,Oyyneddutopremmmit,puvrdep ` 4 '
(Bases of Premium) Rate Minimum and Deposit Premium
15 Participants $85.00 $90.00
Copyright 2004 American Alternative Insurance Corporation.
Includes copyrighted material of the Insurance Services Office, Inc.with its permission.
SRGL100 IOB1041
ME'MIBER CERTIFICATE
AAIC rance Corporation COMMERCIAL GENERAL LIABILITY
555 College Road East
Princeton N.J.08543-5212
" W , st,
Ulu $1ON
AY—OF'Or, VVERA W Q 51T P11N, -
Who Is Covered
This program provides protection for your coaches,volunteers,officers,directors,team or league against claims of bodily injury
liability,property damage liability,and personal and advertising injury liability,and for the litigation costs to defend against such
claims. Coverage is offered through Sports and Recreation Providers Association Risk Management,Inc. There is no deductible
amount.
What Is Covered:
0 All activities necessary to conduct of L27 Injury or death of participants
practices or games 0 Injury or death of spectators
0 Cost of investigation and defense of claims, iN Injury or death of volunteers
even if groundless 0 Ownership,use or maintenance of fields or practice areas
jO General negligence claims LW Property damage liability
0 Host liquor liability(non-profit)
Optional Coverage-
• Additional Insureds—subject to approval.
Hired and non-owned auto liability coverage is available in all states(except: IL,LA,VT). This coverage provides
liability protection for rented,borrowed and other non-owned vehicles driven on league or team business.
What is excluded:
Refer to the Commercial General Liability Coverage Form for exclusions. The following are additional exclusions by
endorsement to the"policy". ('Policy"means:Declarations, Extension Schedules, Coverage Form and all applicable
endorsements)
0 Abuse or Molestation 0 Hepatitis, [HIV,HTLV or AIDS],and Transmissible
0 Aircraft,Autos or Watercraft Spongiform Encephalopathy
0 All Acts Of Terrorism 0 Lead Poisoning
0 Asbestos Liability 0 Medical Payments
0 Assault And Battery 0 Nuclear Energy Liability
0 Collapse Of Temporary Structures LE Professional Liability
ZXT Designated Activities" 0 Pyrotechnics Activity
0 Employment Related Practices 0 Total Pollution
0 Fungi and Bacteria 0 War Liability
There is no liability coverage for claims arising out of any of the following designated activities:
0 All Motor Sports L27 Rodeo or any Equestrian Related Sports
0 Ballooning 0 Sale/Manufacturing Distribution of Athletic Equipment
0 Bungee Jumping 221 Skin&Scuba Diving
0 Cheerleading Pyramids 0 Snow Skiing
0 Gymnastics 21 Squash
0 Loge 0 Tobogganing
0 Mountain Climbing 0 Use of Saunas or Tanning Devices
0 Parachuting Lff Use of Trampolines
0 Polo 0 Water Slides
L9 Rock Climbing 0 White Water Rafting
The SUMMARY OF COVERAGE AN EXCLUSIONS shown above is no subs=o for reading the enwo policy.
In receive an onfiro policy,contact the Program Administrator.
Copyright 2004 American Alternative Insurance Corporation.
Includes copyrighted material of the Insurance Services Office,Inc.With its permission.
Qnpi inn tnninm Page 2 of 4
A TC MEMBER CERTIFICATE
AAI
American Alternative Insurance Corporation COMMERCIAL GENERAL LIABILITY
555 College Road East
Princeton N.J.00543.5212
FLLB04656TTORIy1SrAiV1}E) D RI,1V)EN1S,11?QIIGtI ETE).7 TSC It ICAiEAfiISSL1E '_
Form# Edition Date Form Name
CL 2000 (01/96) Common Policy Dec
IL 00 17 (11 98) Common Policy Conditions
GL2000a (01/96) GL Coverage Part Dec.
VLCW01 (05196) Signature Endorsement
CG 00 01 1001 Commercial General Liability Coverage Form
CG 00 62 1202 Exclusion-War Liability
CG 0199 1093 Illinois Changes
CG 02 00 0487 Illinois Changes-Cancellation And Non-Renewal
CG 2135 1001 Exclusion-Coverage C-Medical Payments
CG 2146 0798 Exclusion-Abuse or Molestation
CG 2147 0798 Exclusion-Employment Related Practices
CG 2149 0999 Exclusion-Total Pollution
CG 2167 0402 Exclusion-Fungi or Bacteria
CG 2175 1202 Exclusion--Certified Acts Of Terrorism And Other Acts Of Terrorism
GL 2004 11/03 Exclusion-Asbestos
GL2005 11103 Exclusion-Lead
IL 00 21 0487 Exclusion-Nuclear Energy Liability
SRGL100 0804 Member Certificate—Commercial General Liability
SRGL101 0804 Hired and Non-Owned Automobile Liability
SRGL102 0804 Association Amendatory
SRGL103 0804 Condition-Monthly Reporting
SRGL104 0804 Condition-Unreserved Seating
SRGL105 0804 Condition-Waiver and Release
SRGLI06 0804 Continuity of Coverage
SRGLI07 0804 Exclusion-Aircraft,Autos or Watercraft
SRGL108 0804 Exclusion-Collapse of Temporary Structures _
_SRGLI09 0804 Exclusion-Designated Operations or Activities
SRGLI 10 0804 Exclusion-Expected Or Intended Injury
SRGLI II 0804 Exclusion-Hepatitis,TSE,HIV,HTLV or AIDS
SRGLI 12 0804 Exclusion-Professional Liability
SRGL113 0804 Exclusion-Pyrotechnics
fide LISTING OF FORMS AND ENDORSEDM APPLICABLE TO THIS CERTUATE AT ISSUE is no sobs0a far realflig the policy. AddRte W
ondorsenlents may haro been 18 N after the relom of 1W certificate to you To m n you hm aR eilarsemenfs or to Few"a
comdeto copy of tho policy,please Contact the Pray w Aomitistrator.
Copyright 2004 American Alternative Insurance Corporation.
Includes copyrighted material of the Insurance Services Office, Inc.with its permission.
SRGL100(1119/04) -` "
ACORD > CER" T � /� >L Q01 ! T { �IYS .,.—.. { 7 DATE0401v05Dm)
ww
i d 9A.'na_':,r.n 6..n..�e1 .x...sv.�, v- 3 .. „✓ti+++n,...Vm _ vv. rev�Mo- . W. «r•9.,Y€= r-wY
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
FOR SERVICE CALL: ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
FRANCIS L.DEAN&ASSOCIATES,INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
8001375/0552 COMPANIES AFFORDING COVERAGE
W W W.ATHLETIC-INSURANCE.COM
COMPANY AMERICAN ALTERNATIVE INSURANCE
A CORPORATION
INSURED SPORTS AND REC.PROVIDERS RISK PURCHASING GROUP
NBC/PALM SPRINGS POWER
1901 E. BARISTO ROAD COMPANY
PALM SPRINGS, CA 92262 Q
COMPANY
CERT#76A2GL1006074-00 D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY EFFECTNE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDI1'1') DATE(MMIDDIYY) LIMITS
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000.00
A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ 1,000,000.00
ICLAIMSMADE OCCUR 76A2GL0000001-00 04/01l05 01I01I06 PERSONAL BADV INJURY $ 1,000,000.00
OWNER'S6CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000.00
INCLUDESATHLETIC
X PARTICPANTS FIRE DAMAGE(Anyone fire) $ 300,000.00
MED EXP(Anyone person) $ NONE
AUTOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE LIMB $
_ALL OWNED AUTOS - BODILY INJURY
_SCHEDULED AUTOS (Perperson) $
HIRED AUTOS BODILY INJURY
NON-OWNEDAUTOS (Per accident) $
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKER'S COMPENSATION AND IMSTAPJ- ERTM EMPLOYERS'LIABILITY
EL EACH ACCIDENT $
THE PROFB EC �INCL EL DISEASE-POLICY LIMIT
PAR"nopkE!(ECUDVE $
OMCERSARE: EXCL EL DISEASE-EA EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS
THE BELOW ENTITY IS ADDED AS ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF OPERATIONS OF THE
ABOVE NAMED INSURED DURING THE POLICY TERM.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
CITY OF PALM SPRINGS BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL
3200 PALM CANYON WAY ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE
HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE
PALM SPRINGS, CA 92262 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
COMPANY,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
{ 'aa e�iancia.�. �ean
G ' � �� r-
� x T
Al�,w - k "p;. ,,¢'+` P�i
As the Chief Executive Officer of the Palm Springs Power Foundation, I, Andrew Starke, am
writing this letter to the City of Palm Springs in acknowledgment that the organization does not
own any vehicles. In addition, there will be no employees of the organization.We will only be
hiring independent contractors as game night staff. Since we do not own any vehicles or hire
employees, we cannot provide any automobile or workers' compensation insurance information to
the City of Palm Springs. If there are any questions, please contact the PS Power offices.
Andrew Starke
Chief Executive Officer
(760) 864-6278
1901 E. Baristo Rd.
Palm Springs, CA 92262
2682626
L
nil
,_�i
tap
i a t
�6
� `
SECRETARY OF STATE
I, Kevin Shelley, Secretary of State of the State of
California, hereby certify:
That the attached transcript of --L page(s) has
been compared with the record on file in this office, of
I
which it purports to be a copy, and that it is full, true
and correct.
E
IN WITNESS WHEREOF, I execute this
certificate and affix the Great Seal of
S,p,L OF ?y the State of California this day of
Ii0U ! 7 2004
i 2 �A
LU(7 M
Cq I F O RNXP Secretary of State
I
Sec/Slate Form 0E-107(rev 1/03)
2682626 ENDORSED . FILED
ARTICLES OF INCORPORATION In the office of the Secretary of State
of the State of California
I NOV 1 7 2004
The name of this corporation is Palm Springs Power Baseball Foundation.
11 KEVIN SHELLEY,Secretary of State
A. This corporation is a nonprofit PUBLIC BENEFIT CORPORATION and is not organized for the
private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for:
( ) public purposes.
or ( ) charitable purposes.
or (X ) public and charitable purposes.
B. The specific purpose of this corporation is to promote amateur sports in the Coachella Valley.
III
The name and address in the State of California of this corporation's initial agent for service of
process is:
Name: Andrew Starke
Address: 1901 East Baristo Road
City: Palm Springs State: CALIFORNIA Zip: 92262
IV
A. This corporation is organized and operated exclusively for charitable purposes within the
meaning of Section 501(c)(3), internal Revenue Code.
B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or
otherwise attempting to influence legislation, and the corporation shall not participate or intervene
in any political campaign (including the publishing or distribution of statements) on behalf of any
candidate for public office.
V
The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net
income or assets of this corporation shall ever inure to the benefit of any director, officer or member
thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation,
its assets remaining after payment, or provision for payment, of all debts and liabilities of this
corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and
operated exclusively for charitable purposes and which has established its tax exempt status under
Section 501(c)(3), Internal Revenue Code.
r 0k
. t
t Deborah L. Hewitt,
wilt, Inco poraTbr
Z_ b8ikebof California LN
Kevin Shelley
Secretary of State tir'ja STATEMENT OF INFORMATION 7 "
kh (Domestic Nonprofit Corporation) s
Filing Fee$20.00. If amendment, see instructions.
IMPORTANT—READ INSTRUCTIONS BEFORE COMPLETING THIS FORM
1. CORPORATE NAME (Please do not alter if name is preprinted.)
PALM SPRINGS POWER BASEBALL FOUNDATION
This Space For Filing Use Only
DUE DATE: February 17, 2005
COMPLETE PRINCIPAL OFFICE ADDRESS (Do not abbreviate the name of the city. Item 2 cannot be a P.O.Box.)
2 STREET ADDRESS OF PRINCIPAL OFFICE IN CALIFORNIA.IF ANY. CITY STATE ZIP CODE
CA CiAL),
NAMES AND COMPLETE ADDRESSES OF THE FOLLOWING OFFICERS (The corporation must have these three officers. A comparable title
for the specific officer may.be added;however,the preprinted titles on this form must not be altered.)
3. /C/Q�IIIItEFyp,EXECUTIVE OFFICER/ 1{ ADDRESS (CITY AA7(ND Si H. ZIP CODE
4. Illu C�y �C`�. 1901 AT
RESS F_- pAtTfYTY AND ISATE ZIP CODE
�/c�fPvv SAekP 1C1G1 �i- ;r. S1r UGC �tlh� ��ftfly�i
5 CHIEF:FINANCIAL`OFFICER/ ADDRESS n ,(� CITY A D STAtV qZIP CODE
40jirPu.� 5`hgrke- t'101 6- �': fG �� Gogh/) ��rin s 6.4 (d Enta
AGENT FOR SERVICE OF PROCESS (If the agent is an individual,the agent must reside in California an Item 7 must be completed with a California
address. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code
section 1505 and Item 7 must be left blank.)
6. NAME OF AGENT FOR SERVICE OF PROCESS
7 ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA.IF AN INDIVIDUAL CITY STATE ZIP CODE
AAlkAA) S1I5464'11I 4% )9O'k G- i` .r-;sid R� fwfn �aP(kl�35 CA 9,)f�ln;�
DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT(California Civil Code section 1350,et seq.)
e F1 Check here if the corporation is an association formed to manage a common Interest development under the Davis-Sfirling Common Interest
Development Act and proceed to Items 9,10 and 11.
NOTE: Corporations formed to manage a common interest development must also file a Statement by Common Interest Development Assoclabon(Forth
SI-CID)as required by Caliromia Civil Code section 1363.6. Please see instructions on the reverse side of this form.
9. ADDRESS OF BUSINESS OR CORPORATE OFFICE OF THE ASSOCIATION,IF ANY CITY STATE ZIP CODE
10. FRONT STREET AND NEAREST CROSS STREET FOR THE PHYSICAL LOCATION OF THE COMMON INTEREST DEVELOPMENT 9-DIGIT ZIP CODE
(Complete if the business or corporate office is not on the site of the common interest development.)
C Sc "'440 .
11_ NAME AND ADDRESS OF ASS?)CIATION'S MANAGING AGENT,IF ANY CITY STATE ZIP CODE
12 THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT. O
TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM SIGieTURE TITLE ATE
SI-100(REV 0912004) APPROVED BY SECRETARY OF STATE
Issued EIN Page 1 of 1
gital
i Internal Revenue Serviee nle
OEPURTMERT OF THE TREHURY Daily
Federal Tax ID / EIN
This is your provisional Employer Identification Number:
20-1878059
Today's Date is: November 15, 2004 GMT
You will receive a confirmation letter in U.S mail within fifteen days.
The letter will also contain useful tax information for your business or
organization.
If you have input any of the information on your application in error, please wait
seven days and contact the EIN Toll Free area at 1-800-829-4933, Monday-
Friday, 7 30am - 5.30pm. If you do not want to call, please make corrections on
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landing (start) page.
https:Hsa.www4.irs.gov/sa vign/issueElN.do 11/15/2004
ASPwem
2005 Home Schedule
(31 Total Dates Possible 32 Dates)
June (15 Dates)
Friday June 3`d 7:05pm Conference Tournament (4 Dates)
Saturday June 4th 7:05pm
Sunday Jame 5th 7:05pm Thursday July 14th
Wednesday June 8`' 7:05pm Friday July 15th
Friday June 10th 7:05pm Saturday July 16th
Saturday June 11"' 7:05pm Sunday July 17th (If Necessary)
Sunday June 12"' 4:00pm & 7:30pm
Tuesday June 14"' 7:05pm
Wednesday June 15th 7:05pm
Friday June 17tt' 7:05pm
Saturday June 18th 7:05pm
Sunday June 19tt' 4:00pm & 7:30pm
Wednesday June 22"d 7:05pm
Sunday June 261h 7:05pm
Wednesday June 29t1' 7:05pm
July (12 Dates)
Friday July 1st 4:00pm & 7:30pm
Saturday July 2"d 4:00pm & 7:30pm
Wednesday July 6"' 7:05pm
Friday July 8t" 7:05pm
Saturday July 9"' 7:05pm
Sunday July 10"' 4:00pm & 7:30pm
Wednesday July 20th 7:05pm
Friday July 22"d 7:05pm
Saturday July 23`d 7:05pm
Sunday July 24"' 7:05pm
Tuesday July 261h 7:05pm
Wednesday July 271h 7:05pm
Ticket Prices:
Adult = $5
Student/ Senior = $4
Power Ticket = $13 All Inclusive
Andrew Starke
Chief Executive Officer
(760)864-6278
1901 E. Baristo Rd.
Palm Springs, CA 92262
PALM SPRINGS POWER BASEBALL CLUB
FINANCIAL STATEMENT
AND
INDEPENDENT AUDITOR'S REPORT
AUGUST 31,2004
Page 1 of 6
PALM SPRING&POWER BASEBALL CLUB,INCORPORATED
FINANCIAL_STATEMENT
AND
INDEPENDENT AUDITOR'S REPORT
AUGUST 31,2004
Independent Auditors'Report 3
Financial Statement 4
Notes to Financial Statements 6
Page 2 of 6
Kevin L. Hewitt MBA, CPA
Certified Public Accountant& Consultant
INDEPENDENT AUDITORS' REPORT
To: Palm Springs Power Baseball Club Stockholders
I have audited the accompanying statement of financial position of Palm Springs Power
Baseball Club (the"Corporation") as of August 31,2004, and the related statements of
activities, expenses and cash flow for the fiscal year ended. These consolidated financial
statements are the responsibility of the Corporation's management. My responsibility is
to express an opinion on these financial statements based on my audit. The financial
statement of Palm Springs Power Baseball Club for the fiscal year ended A�aE
31,2004.
I conducted the audit inaccordance with the auditing standards generally accepted in t_hP
United States of America. Those standards require that I plan and perform the audit to
obtain reasonable assurance about whether the financial,free of material n-6-s,A;-�tgTu € l Atr-
.,, gxl Ei.a-!''ltd y g. >z „iaz ,iiw;a Pest basis,�-V3dence supporting the amounts and
disclosures in the financial statement. An audit also includes assessing the accounting
l; : : ., ` €' f4: M,,-,,t.n t ,s:ru ade b y management,as well as evaluating the
overall financial statement presentation.I believe that the audit provides a reasonable
basis for the opinion.
R- ~sy�al,_.>Qn, i_k: 2 004 financial statement referred to above presents fairly, in all
material respects,the financial statement of Palm Springs Power Baseball Club as of
1j_.d Agps in its net assets and its cash flow for the fiscal year
ended in conformity with accounting principals generally accepted in the United States of
America_
p� �w e)A,Q-4
alm Springs, California
November 5, 2004
Page 3 of 6
PALM SPRINGS POWER BASEBALL CLUB-CORPORATION
STATEMENT- OF FINANCIAL POSI-TION
AUGUST 31.2004 AND 2003
2004 2003
ASSETS
Income
Advertisement Sales 94,500.00 N/A
Baseball Camp 2,565.00
Concession Sales 9,458.00
Dunk Tank 150.00
Golf Tournament 5,963.00
Merchandise Sales 10,600.00
Program Sales 3,813.00
Raffle Sales 5,319.00
Ticket Sales 43, 575.00
TOTAL INCOME 175,944.00 N/A
Cost of Goods Sold 61,387.00
Gross Profit 114,567.00
EXPENSES
Advertising 10,305.00
Auto expense 1,200.00
Bank Charges —- 17.00
Contributions 238.00
Dues 918.00
Equipment Rental 3,091.00
Insurance 1,381.00
Interest Expense 64.58
Licenses and Permits 837.00
Miscellaneous 347.00
Payroll Expense (Independent Contractors) 27,499.00
Personal Expenses 2,842.00
Postage and Delivery 210.00
Page 4 of 6
2004 2003
Printing and Reproduction 4,789.00 N/A
Professional Fees 3,410.00
Rents 9,375.00
Repairs 2,195.00
Supplies 4,205.00
Telephone 2,489.00
Travel Entertainment 9,415.00
Utilities 392.00
TOTAL EXPENSES 85,219.00
NET INCOME 29,337.00
OTHER INCOME 21,593.00
OTHER EXPENSES 272.00
NET OTHER INCOME 21,321.00
NET INCOME 50,658.00
INVENTORY 9,771.00
Page 5 of 6
PALM SPP,INGS POWER BASEBALL CLUB CORPORATION
NOTES TO FINANICAL STATEMENTS
AUGUST 31,2004
Note I -Summary of Significant Accounting Policies
General
Palm Springs Power Baseball Club, Corporation presents its financial -statements
according to the standards of accounting and financial reporting in conformity with
accounting principals generally accepted in the United States of America.
The Corp cratior.was farmed-or.November 13,2003 in Riverside County. The
corporation is managed and founded by CEO Andrew Starke. The location of Palm
Springs Power Baseball Club is 1901 East Baristo Road Palm Springs California 92262.
The stadium which hold 20,000 +
The Palm Springs Power Baseball Club Corporation has one full-time employee and
three part-time employees two work on a commission basis and one works on an hourly
basis. The corporation is a seasonal business with operation open September I through
August 31.
Note 2-Income
ine Advertising, Camp, Dunk,Tank, Golf Tournament, Merchandise, program sates
raffle ticket and ticket sales income was verified by actual work papers provide by Steven
Gomes.
Concessions' is ajoint venture with Bucketts,with the income being evenly divide
between Bucketts and Palm Springs Power Baseball Club as per the contract for
concession sales.
Note3- Inventory
The total-inventory at the end of the season is $9,571.00. I make a suggestion that all
programs that w�rii be out dated be removed from inventory reducing inventory by
$3,302.00. The T-shirts for last year Conference tournament be revalued to reflect the
actual value.
Page 6 of 6
JULY Palm Springs Power Ticket Sales 2004
Date Adult Senior Power Comp, Total
6-Jul 63 44 8 303 4153
7-Jul 72 39 20 94 225
12-Jul 35 35 17 76 163
13-Jul 51 12 13 241 317
15-Jul 82 51 3 104 240
16-Jul 111 74 5 189 379
17-Jul 73 32 2 148 255
18-Jul 38 10 5 120 173
21-Jul 74 47 5 120 246
22-Jul 53 45 9 234 341
23-Jul 112 79 20 242 453
24-Jul 76 32 16 313 437
26-Jul 63 43 3 740 849
27-Jul 143 51 19 355 568
Total 1046 594 145 3279 5064
JUNE Palm Springs Power Ticket Sales 2004
Date Adult Senior Power Coma• Total
4-Jun 460 207 40 2357 3064
5-Jun 71 47 40 325 483
7-Jun 59 59 16 198 332
8-Jun 28 14 8 140 190
11-Jun 110 85 40 281 516
12-Jun 123 90 40 269 522
14-Jun 46 47 40 57 190
15-Jun 37 24 13 78 152
16-Jun 60 30 17 26 133
18-Jun 123 64 30 269 486
19-Jun 110 75 28 325 538
22-Jun 89 58 24- 163 334
23•Jun 52 35 24 154 265
24-Jun- 67 38 7 151 263
25-Jun 158 122 51 339 670
26-Jun 121 64 13 398 596
28-Jun 73 40 1 74 188
29-Jun 77 27 20 46 170
30-Jun 96 38 11 66 211
Total 19601 1164 463- 5716 9303
Palm Springs Power 5 Year Profits and Loss Expectations
ASSETS 2004 2003 Expected 05 Expected 06 Expected 07 Expected 08. Expected 09
8%GROWTH 8%GROWTH 5% GROWTH 5% GROWTH 5% GROWTH
Advertisement Sales $ 94,500.00 N/A $ 102,060.00 $ 110,224.80 $ 115,736.04 $ 121,522.84 $127,598.98
Baseball Camp $ 2,565.00 $ 2,770.20 $ 2,991.82 $ 3,141.41 $ 3,298,48 $3,463.40
Concession Sales $ 9,458.00 $ 10,214.64 $ 11,031.81 $ 11,583.40 $ 12,162.57 $12,770.70
Dunk Tank $ 150.00 $ - $ - $ - $ - $0.00
Golf Tournament $ 5,963.00 $ 6,440.04 $ 6,955.24 $ 7,303.01 $ 7,668.16 $8,051.56
Merchandise Sales $ 10,600.00 $ 11,448.00 $ 12,363.84 $ 12,982.03 $ 13,631.13 $14,312.69
Program Sates $ 3,813.00 $ 4,118.04 $ 4,447.48 $ 4,669.86 $ 4,903.35 $5,148.52
Raffle Sales $ 5,319.00 $ 5,744.52 $ 6,204.08 $ 6,514.29 $ 6,840,00 $7,182.00
Ticket Sales $ 43,575.00 $ 47,061.00 $ 50,825.88 $ 53,367.17 $ 56,035.53 $58,837.31
TOTAL INCOME $ 175,944.00 N/A $ 189,856.44 $ 205,044.96 $ 215,297.20 $ 226,062.06 $237,366.17
Cost of Goods Sold $ 61,387.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 60,000,00
Gross Profit $ 114,567.00 $ 139,856.44 $ 155,044.96 $ 165,297.20 $ 176,062.06 $187,365.17
EXPENSES
Advertising $ 10,305.00 $ 15,000.00 $ 17,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00
Auto expense $ 1,200.00 $ 1,000.00 $ 750.00 $ 500.00 $ 500.00 $ 500.00
Bank Charges $ 17.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00
Contributions $ 238.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00
Dues $ 918.00 $ 1,168.00 $ 1,168.00 $ 1,168.00 $ 1,168.00 $ 1,168.00
Equipment Rental $ 3,091.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00
Insurance $ 1,381.00 $ 1,381.00 $ 1,381.00 $ 1,381.00 $ 1,381.00 $ 1,381.00
Palm Springs Power 5 Year Profits and Loss Expectations
Interest Expense $ 64.58 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00
Licenses and Permits $ 837.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00
Miscellaneous $ 347.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00
Payroll Expense (Independent Contractors) $ 27,499.00 $ 29,000.00 $ 30,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00
Personal Expenses $ 2,842.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00
Postage and Delivery $ 210.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00
$ 2,004.00 2.003.00
Printing and Reproduction $ 4,789.00 N/A $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00
Professional Fees $ 3,410.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00
Rents $ 9,375.00 $ 9,375.00 $ 9,375.00 $ 9,375.00 $ 9,375.00 $ 9,375.00
Repairs $ 2,195.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00
Supplies $ 4,205.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00
Telephone $ 2,489.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00
Travel Entertainment $ 9,415.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00
Utilities $ 392.00 $ 600.00 $ 600.00 $ 600.00 $ 600.00 $ 600.00
TOTAL EXPENSES $ 85,219.00 $ 90,149.00 $ 92,899,00 $ 100,649.00 $ 100,649.00 $, 100,649.00
NET INCOME $ 29,337.00 $ 49,707.44 $ 62,145.96 $ 64,648.20 $ 75,413.06 $, 86,716.17
OTHER INCOME $ 21,593.00 $ 25,000.00 $ 30,000.00 $ 35,000.00 $ 40,000.00 $, 45,000.00
OTHER EXPENSES $ 272.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00
NET OTHER INCOME $ 21,321.00 $ 24,500.00 $ 29,500.00 $ 34,500.00 $ 39,500.00 $ 44,600.00
NET INCOME $ 50,658.00 $ 74,207.44 $ 91,645.96 $ 99,148.20 $ 114,913.06 $ 131,216.17
INVENTORY $ 9,771.00
ER
Palm Springs Power Foundation
1901 E. Baristo Rd.
Patin Springs, CA 92262
Ph (760) 864-6278 • Fax(760)325-7206
Media Impressions
It is impossible to know the exact media impressions the Palm Springs Pov✓er received
locally and nationally. However to our best judgment, this is what we believe to be
accurate.
Locally ABC,NBC, and CBS covered all of the Power's home and road games that
exceeded fifty(50) dates and reached30,000 people nightly. The Desert Sun followed
the team with front page articles on a regular bases. When the Power players and staff
were not on the front page they were discussed after each game with an average of
20,000 readers daily. Local AM and Fi✓i radio was filled with Power information and
ticket giveaways all summer long. With the Powers advertised on posters, banners, and
TV &radio commercials that were heard or seen daily by thousands fl roughout the
Coachella Valley.
As the Power traveled regionally,they were in cities from:Santa Barbara to San Diego
and all the way to Las Vegas. Throughout these road trips,the Power staff was
interviewed on radio a number of times as well as by each city's local news papers.
Nationally the Power's trip to Wichita,KS was extremely valuable as players, coaches,
and management were interviewed on TV &Radio before and after each game. The
NBC broadcast of the Miss Teen USA pageant was promoted at the World Series where
the Power were mentioned and promoted before the broadcast aired in sixty-four(64)
countries. The Power were also featured in the national magazine Palm Springs Life that
prints over 25,000 issues monthly that are distributed nationally. In addition,the Palm
Springs Power website has had over 50,000 visitors l.less than a year. The Power are
also featured on the CBS 2 and Desert Sun web sites with updates daily on Power
information.