HomeMy WebLinkAbout04929 - 2004 MRS. AMERICA PAGEANT RIVERA RESORT RAQCQUET CLUB Mrs. America
Pageant
AGREEMENT #4929
MO 7532, 7-28-04
AGREEMENT FOR EVENT PROMOTION
Mrs. America Pageant
This Agreement governed by the laws of the State of California is made and
entered into this W day of June, 2004 by and between the City of Palm Springs, a
municipal corporation, hereinafter called "CITY" and Mrs. America, a California
Corporation, hereinafter called "Promoter".
RECITALS
WHEREAS, the CITY COUNCIL recognizes the intrinsic value of cultural and
promotional events and the role they play in enhancing and expanding the economic
vitality and image of the CITY;
WHEREAS, the City Council provides funding assistance to eligible organization
for the purpose of providing cultural and promotional events and/or activities that
generally benefit the community;
WHEREAS, Promoter plans to produce the 2004 Mrs. America Pageant at the
Palm Springs Rivera Resort and Racquet Club as described herein (hereinafter
"EVENT');
WHEREAS, the Event will be televised by PAX TV during primetime television to
210 markets across the United States and around the world on the Armed Forces
Television Network reaching more than 2 million US personnel in every embassy,
consulate, mission, military base and all ships at sea;
WHEREAS, PROMOTER needs financial assistance to produce this Event and
has requested CITY sponsorship;
WHEREAS, the CITY COUNCIL has determined that this Event will generate
substantial publicity for the CITY;
WHEREAS, the CITY COUNCIL does hereby find that sponsorship of this Event
would be of public benefit.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.0 EVENT DESCRIPTION, DATE AND LOCATION
1.1 PROMOTER shall organize, manage and produce the Event as generally
described in Exhibit "A" and attached hereto and incorporated herein by this
reference.
AGREEMENT FOR EVENT PROMOTION
MRS. AMERICA PAGEANT
1.2 The Event shall be held on September 7, 2004 at the Rivera Resort and
Racquet Club. In no event shall an alternate date or location be set without the
express written approval of CITY.
2.0 CREDIT LINE
2.1 The City shall be recognized as the "Presenting Sponsor" in all
advertising. For promotional purposes the Event shall include the following credit line in
all paid media (advertising), publications, and signage: "Presented by the City of Palm
Springs."
3.0 SPONSORSHIP TERMS FOR THE CITY
3.1 .1 To produce the EVENT, the CITY will provide PROMOTER with
Twenty Five Thousand Dollar ($25,000) cash sponsorship (herein "Contract Sum").
The City shall disburse funds upon execution of said agreement unless otherwise
changed by the City. PROMOTER is responsible for raising all funds necessary to
produce the EVENT in excess of the City's Contract Sum.
3.1 .2 Provided PROMOTER is not in default under this Agreement, the
Contract Sum shall be paid as follows: (i) $10,000 at such time as this Agreement
has been fully executed by both parties; (ii) the sum of $10,000 on or before
August 24, 2004; and (iii) the sum of $5,000 on or before September 8, 2004.
City shall have no obligation to make the payment to Promoter due September 8,
2004 unless Promoter has provided to City an assessment of the EVENT in a form
approved by the City.
3.2 The City shall receive twenty-four (24) sponsor credentials allowing
access to the Event as the parties agree is necessary in order for City to fully enjoy
its benefits.
3.3 The City shall be positioned as Presenting Sponsor in all advertising.
Examples of advertising include, but are not limited to:
a. Program — City shall receive space to place one (1) full-page four-
color advertisement on the inside front cover of the EVENT'S
official program for marketing and promotion purposes. In addition,
City shall receive space to place one (1) "Welcome Letter" within
the Official Program.
3.4 The City shall be identified on a credit line prominently presented on the
Promoter's website page at www.mrsamerica.com for a term of no less than six (6)
months. There shall be a hyperlink from the Promoter's web site to the City's web site at
www.ci.palm-springs.ca.us. The parties agree that said link may be "Framed" whereby
material or pages from the linked web site appear in a frame on the site which creates
the link. The parties expressly recognize their individual obligations and responsibilities
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AGREEMENT FOR EVENT PROMOTION
MRS. AMERICA PAGEANT
for the content, quality, accuracy or completeness of materials contained on their
respective web sites and agree to hold each other harmless from any special, indirect,
incidental or consequential damages that may arise from the use of, or the inability to
use, the respective sites and/or the materials contained on either site whether the
materials contained on the site are provided by the City or the Promoter.
3.5 PROMOTER will provide a post event report summarizing the specific
economic impacts associated with the production of the EVENT. The post event report
shall be delivered to the CITY's representative sixty (60) days following the close of the
EVENT
4.0 PRODUCTION SERVICES TO BE PROVIDED BY PROMOTER
As the producer of the EVENT, PROMOTER will provide production services
including but not limited to the following and will accept all financial responsibility for such
services:
4.1.1 Securing the necessary venues for the EVENT and related activities.
4.1.2 Contracting and paying for all service vendors and technical support
including, but not limited to sound, including a public address system, lighting (if
applicable), catering, and security services at related activities described in
Section 4.1.
4.1.3 Recruitment, coordination and supervision of volunteers and all their
activities.
4.1.4 Obtain certificates of insurance and liability release forms from all entries,
volunteers and vendors participating in EVENT.
4.1.5 PROMOTER shall be responsible for all promotional activities related to
the EVENT including:
a) Arranging and buying advertising space in local newspapers and other
publications to promote the EVENT and the CITY.
b) Preparing press releases and marketing materials to promote the EVENT.
c) Coordinating local and regional public relations including the distribution of
press materials to entertainment and travel writers.
d) Coordinating with the CITY's Bureau of Tourism to promote EVENT.
e) Promoting EVENT through personal appearances and/or the distribution of
collateral materials.
4.2 DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY
4.2.1 The CITY will make a concerted effort to promote the EVENT on the
CITY's government access channel and other advertising and marketing vehicles
as deemed appropriate.
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AGREEMENT FOR EVENT PROMOTION
MRS. AMERICA PAGEANT
5.0 TERM OF AGREEMENT
5.1 AGREEMENT PERIOD. The effective date of this Agreement shall
be July 1, 2004 through October 7, 2004. Any covenant, term or provision of this
Agreement which in order to be effective must survive the termination of this
Agreement shall survive any such termination.
5.2 BREACH OF AGREEMENT. Any material deviation by
PROMOTER for any reason from the requirements hereof, or from any other
provision of this Agreement, shall constitute a breach of this agreement and may
be cause for termination at the election of CITY. CITY may terminate this
Agreement, for cause, by giving ten (10) days' notice to PROMOTER. In the event
of termination by whatever means, CITY shall have the option to direct
PROMOTER's actions with respect to access to materials or assigning any rights,
such as name, lists, speaker contracts to CITY or its designee. CITY reserves the
right to waive any and all breaches of this Agreement, and any such waiver shall
not be deemed a waiver of all previous or subsequent breaches. In the event
CITY chooses to waive a particular breach of this Agreement, it may condition
same on payment by PROMOTER of actual damages occasioned by such breach
of Agreement and shall make every effort to resolve the same quickly and
amicably.
5.3 AGREEMENT TERMINATION. In the event PROMOTER is unable
to fulfill its responsibilities under this Agreement for any reason whatsoever,
including circumstances beyond its control, CITY may terminate this Agreement in
whole or in part in the same manner as for breach hereof and be entitled to the
same rights on termination.
5.4 REIMBURSEMENT. All amounts paid to PROMOTER pursuant to this
Agreement shall be subject to reimbursement upon the occurrence of any of the
following events:
(a) The dissolution of PROMOTER; or
(b) PROMOTER terminates or attempts to terminate this Agreement for any
reason other than City's failure to make payments as provided hereunder;
or
(c) PROMOTER fails to fulfill the responsibilities, duties, and obligations set
forth herein.
6.0 GENERAL
6.1 INDEMNITY. Promoter and City agree that City, (its officers, employees
and agents) should, to the extent permitted by law, be fully protected from any loss,
injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense
costs, court costs or any other cost arising out of or in any way related to the
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AGREEMENT FOR EVENT PROMOTION
MRS. AMERICA PAGEANT
performance of this agreement. Accordingly, the provisions of this indemnity provision
are intended by the parties to be interpreted and construed to provide the fullest
protection possible under the law to the City. Promoter acknowledges that City would
not permit the event described herein in the absence of this commitment from Promoter
to indemnify and protect City as set forth here.
To the full extent permitted by law, Promoter shall defend, indemnify and hold harmless
City, its officers, agents, employees, and volunteers from all loss, cost, and expense
arising out of any liability or claim of liability for personal injury, bodily injury to persons,
contractual liability and damage to property sustained or claimed to have been
sustained arising out of activities of the Promoter or those of any of its officers, agents,
or employees, whether such act is authorized by this Agreement or not; and Promoter
shall pay for any and all damage to the property of the City, or loss or theft of such
property, done or caused by such persons. City assumes no responsibility whatsoever
for any property placed on the premises. Promoter further agrees to waive all rights of
subrogation against City. The provisions of the Article do not apply to any damage or
loss caused solely by the negligence of the City or any of its agents or employees.
Promoter agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every subcontractor, sub-tier
contractor or any other person or entity involved by, for, with or on behalf of Promoter in
the performance or subject matter of this agreement. In the event Promoter fails to
obtain such indemnity obligations from others as required here, Promoter agrees to be
fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth herein is binding on the successors,
assigns, or heirs of Promoter and shall survive the termination of this Agreement or this
section.
6.2 INSPECTION OF RECORDS. CITY shall have the right to monitor and
inspect all work or records under this Agreement.
6.3 COMPLETE AGREEMENT. This Agreement contains all the terms and
conditions agreed upon by the parties. No other understandings, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the parties hereto. This Agreement supersedes all previous agreements, if any, between
the parties.
6.4 AMENDMENTS. Any alterations, variations, modifications or waivers of
provisions to this Agreement shall be valid only when reduced to writing duly signed and
attached to the original of this Agreement.
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AGREEMENT FOR EVENT PROMOTION
MRS. AMERICA PAGEANT
6.5 NOTICES. Communications among the parties hereto shall be addressed
as follows:
PROMOTER: MRS. AMERICA
David Marmel
2412 Wilshire Boulevard, Suite 204
Santa Monica, CA 90403-5826
(310) 829-9902 FAX (310) 828-5862
CITY: CITY OF PALM SPRINGS
David H. Ready, City Manager
P.O. Box 2743
Palm Springs, CA 92262
(760) 322-8336 FAX (760) 323-8207
6.6 CITY REPRESENTATION. PROMOTER shall work closely with the CITY's
Convention Center General Manager 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.
6.7 COMPLIANCE WITH LAWS. PROMOTER shall comply with all applicable
federal, state, and local laws, ordinances and regulations.
6.8 STANDARD OF CARE. CITY relies upon the professional ability of
PROMOTER as a material inducement to entering into this Agreement. PROMOTER
agrees to use reasonable care and diligence in rendering services under this
Agreement. PROMOTER agrees that the acceptance of its work by CITY shall not
operate as a waiver or release of said obligation of PROMOTER. The absence,
omission, or failure to include in this Agreement, items which are normally considered to
be a part of generally accepted professional procedure or which involve professional
judgment shall not be used as a basis for submission of inadequate work or incomplete
performance.
6.9 DEMAND FOR ASSURANCE. Each party to this Agreement undertakes
the obligation that the other's expectation of receiving due performance will not be
impaired. When reasonable grounds for insecurity arise with respect to the
performance of either party, the other may in writing demand adequate assurance of
due performance and until he/she receives such assurance may, if commercially
reasonable, suspend any performance for which the agreed return has not been
received. "Commercially reasonable" includes not only the conduct of a party with
respect to performance under this Agreement but also conduct with respect to other
agreements with parties to this Agreement or others. After receipt of a justified
demand, failure to provide within a reasonable time, but not exceeding ten (10) days,
such assurance of due performance as is adequate under the circumstances of the
particular case is a repudiation of this Agreement. Acceptance of any improper
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AGREEMENT FOR EVENT PROMOTION
MRS. AMERICA PAGEANT
delivery, service, or payment does not prejudice the aggrieved party's right to demand
adequate assurance of future performance.
6.10 THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement
shall be construed to create and the parties do not intend to create any rights in third
parties.
[SIGNATURE BLOCK NEXT PAGE]
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AGREEMENT FOR EVENT PROMOTION
MRS. AMERICA PAGEANT
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:
�g City Clerk City Manager
CONTRACTOR: 7 Check one:_Individual_Partnership Corporation F.-/-e " � — y— -- - - <
Signature (notarized) Signature (notarized)
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Name: � 0` s�. K ��Id7 Name:
Title: tnc�,e-�. ii d %;-)s.+ 'B Title:
(This Agreement must be signed in the above space by one of This Agreement must be signed in the above space by one of
the following:Chairman of the Board,President or any Vice the following:Secretary,Chief Financial Officer or any
President) Assistant Treasurer)
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personally-known-tome—( re 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 nameV)-iz/ars subscribed to the evidence) to be the person(s) whose name(s)is/are subscribed to the
widen imaument 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/thca- authorized capaciry(iesr, and that by the same in his/hei/their authorized capacity(res), and that by
his/heulthcir Agnature,(s) on the instrument the person(5), or the his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the peisonf5f acted, executed the entity upon behalf of which the person(s) acted, executed the
instrument. instrument.
WITNESS my hand and official seq. WITNESS my hand and official seal.
Notary Signature- A� y� ;�:.�i'✓ / Notary Signature:
Notary Seal:11—'' Notary Seal:
LEANNE JEWETT
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PALM SPRINGS re Family L
DESERT RESORTS we
CONVENTION AND
VISITORS ACORIry
T
3, 2004
David H. Reedy / IV
City Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Ready,
Thanks to you and the City Council for your support in bringing the Mrs. America
Pageant back to Palm Springs after a 9-year absence. We are very excited about
the television broadcast which will take place Tuesday, September 7th from the
Riviera Resort...as well as the red carpet treatment we are confident the City will
demonstrate to our contestants, attendees and families.
It is currently our understanding that the City will be supporting the Mrs. America
Pageant with $25,000 in sponsorship funds to be paid as follows:
By July 24, 2004 $10,000
By August 24, 2004 $10,000
By September 8, 2004 $5,000
It is understood that the final payment in September will be released after a final
assessment of the event is provided to the City Manager and Finance Director
outlining the economic impact and public relations impact of the event. For
payment purposes...our Federal I.D. number is 95-4364525. Payments should
be made to Mrs. America Inc. In return for the sponsorship funds agreed to by
the City of Palm Springs, the Mrs. America pageant agrees to provide the
following:
➢ Produce & promote the 2004 Mrs. America Pageant in the City of Palm
Springs from 8/24 - 9/7 culminating with the finals to be televised by PAX
Television from the Palm Springs Riviera Resort and Racquet Club,
September 7, 2004.
A. The television show will be shown by PAX TV during primetime
television twice with the entire program airing each time (2 hours)
to 210 markets across the US.
2412 Wilshire Boulevard • Suite 204 Tel: 310-829-9902 . Fax: 310-828-5862
Santa Monica, CA 90403-5826 E-mail: info@mrsamerica.com • www.mrsamerica.com
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B. It will also be seen in its entirety around the world on the Armed
Forces Television Network reaching more than 2 million US
personnel in every embassy, consulate, mission, military base and
all ships at sea
➢ Six months promotion of the City of Palm Springs prior to the event via
the Mrs. America website (www.mrsamerica.com)...50 state pageants — all
of whom promote the host site of the Mrs. America pageant
generously...and via The Statue of Liberty Ellis Island Foundation relative
to their efforts to reopen the site which has been closed since the 9/11
tragedy. This Foundation will be our philanthropic cause throughout the
competitions this year.
➢ The economic impact to the community has been conservatively estimated
between $500,000 and $750,000 for the City as broken down by Ed Svitak
during the February 20t" study session in which you had granted the
funds.
➢ We believe the economic benefit and public relations provided will be
welcome and enjoyed by the City for years to come.
Mr. Ready, again, thank you for your support. Your acknowledgement below will
confirm your agreement of the terms outlined in this letter. Again, we are
looking forward to a great partnership between the City of Palm Springs and the
Mrs. America Pageant in 2004!
Sincerely,
David Marmel Acknowledgement
David Ready
Palm Springs City Manager
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CONVENTION 1N11
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June 28, 2004
Mr. Troy Butzlaff
Assistant City Manager
City of Palm Springs
3200 Tahquitz Carryon Way
Palm Springs, CA 92262
Dear Mr. Butzlaf£
It was nice talking to you last week. As advised David Marmel returned to town over the
week-end. Today he had notarized three copies of the Agreement for Event Sponsorship
which are enclosed. We await an executed copy.
Thank you and we, too, look forward to a truly spectacular extravaganza and telecast in
your beautiful city.
Best regards,
Elaine Marmel
em:s
enc.
2412 Wilshire Boulevard o Suite 204 som- Tel: 310-829-9902 o Fax: 310-828-5862
Santa Monica, CA 90403-5826 E-mail: info@mrsamerica.com o www.mrsamerica.com
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