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HomeMy WebLinkAbout7/28/2004 - STAFF REPORTS (5) i AGREEMENT FOR EVENT PROMOTION Parades of Palm Springs This Agreement governed by the laws of the State of California is made and entered into this 15'h day of June, 2004 by and between the City of Palm Springs, a municipal corporation, hereinafter called "CITY' and Parades of Palm Springs, Incorporation, a California nonprofit corporation, hereinafter called "POPS". 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, POPS plans to produce the 2004 Festival of Lights Parade as described herein (hereinafter " LIGHTS PARADE"); WHEREAS, the LIGHTS PARADE is a perennial favorite drawing tens of thousands of people to the downtown business corridor each year to watch the beautifully decorated floats, equestrian units, and marching bands; WHEREAS, POPS is a California Nonprofit Public Benefit Corporation authorized to engage in charitable and education activities as well as those activities permitted to be carried out by a corporation exempt from federal income tax under Section 501(c)(4) of the Internal Revenue Code and under Section 170(c)(2) of the Internal Revenue Code; WHEREAS, POPS needs financial assistance to produce the LIGHTS PARADE and has requested CITY sponsorship; WHEREAS, the City Council has determined that sponsorship of the LIGHTS PARADE would be of public benefit. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1.0 LIGHTS PARADE DATE AND LOCATION 1.1.1 The Festival of Lights Parade shall be held on the first Saturday in December. The route and staging of this Parade shall be submitted to City for approval at least sixty (60) days prior to the event. In the event of inclement weather, POPS may request an alternate date for the Parade. AGREEMENT FOR EVENT PROMOTION Parades of Palm Springs In no event shall an alternate date be set without the express written approval of CITY. 2.0 TITLE SPONSOR 2.1.1 The parties hereby agree that the CITY shall be named the exclusive "title sponsor" of the LIGHTS PARADE and that no other sponsor shall appear in the title of the LIGHTS PARADE sponsored under this agreement. 2.1.2 The City shall be recognized as the "Title Sponsor" in all advertising. For promotional purposes, LIGHTS PARADE, shall be preceded with "The City of Palm Springs." In other words, "The City of Palm Springs Festival of Lights Parade" 3.0 SPONSORSHIP TERMS FOR THE CITY 3.1 To produce the LIGHTS PARADE contemplated under this Agreement, the CITY will provide POPS with Thirty Thousand Dollar ($30,000) cash sponsorship (herein "Contract Sum"). POPS is responsible for raising all funds necessary to produce the LIGHTS PARADE in excess of the City's Contract Sum. 3.2 Provided POPS 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 $15,000 on or before October 15, 2004; and (iii) the sum of $5,000 on or before February 1, 2005. City shall have no obligation to make the payment to POPS due February 1 , 2005 unless POPS has provided to City a written assessment of the Festival of Lights Parade as set forth in Section 4.1 .8 below. 4.0 PRODUCTION SERVICES TO BE PROVIDED BY POPS As the producer of the LIGHTS PARADE, POPS will provide production services as generally described in Exhibit "A" and attached hereto and incorporated herein by this reference. In addition to those services set forth in Exhibit "A", POPS agrees to provide and will accept full financial responsibility for such the following production services: 4.1.1 Securing the necessary venues for the LIGHTS PARADE and related activities including, but not limited to the Volunteers Orientation Meeting/Party, Participant's Meeting, Post-Parade Sponsor Appreciation Ceremony, and other possible special events as approved by CITY. 4.1.2 Develop and submit a preliminary budget, schedule and list of entries participating in LIGHTS PARADE to CITY's Special Events Planning Team (herein "SEPT") at least Thirty (30) days prior to LIGHTS PARADE. Submit a final list of entries to SEPT no later than ten (10) days prior to each PARADE. A� 2 AGREEMENT FOR EVENT PROMOTION Parades of Palm Springs 4.1.3 Coordinate routing and staging (pre and post) of the LIGHTS PARADE with SEPT. CITY shall be responsible for providing written notification to all property and business owners along the route of each Parade concerning the anticipated date, time and length of any street closure. 4.1.4 Contracting and paying for all service vendors and technical support including, but not limited to sound, including a public address system, lighting (if applicable), bleachers, portable restrooms, shuttle bus service and related activities described in Section 4.1.1. 4.1.5 Recruit, coordinate and supervise all volunteers and all their activities. 4.1.6 Obtain certificates of insurance and liability release forms from all entries, volunteers, sub-contractors and vendors participating in LIGHTS PARADE. Insurance and liability release forms shall be in a form acceptable to the City's Risk Manager. 4.1.7 POPS shall be responsible for all promotional activities related to the LIGHTS PARADE including: a) Arranging and buying advertising space in local newspapers and other publications to promote the LIGHTS PARADE and the CITY. Minimum advertising for the LIGHTS PARADE shall be provided in a geographical area which includes the High Desert, Inland Empire (San Bernardino and Riverside counties), San Diego County and the Coachella Valley. b) Preparing press releases and marketing materials to promote the LIGHTS PARADE. c) Assisting the City's Bureau of Tourism with the coordination of local and regional public relations including the distribution of press materials to entertainment and travel writers. d) Working cooperatively with the CITY's Bureau of Tourism to promote LIGHTS PARADE. e) Promoting LIGHTS PARADE through personal appearances and/or the distribution of collateral materials. 4.1.8 POPS will provide a post event report summarizing the specific revenues and expenses, as well as any issues associated with the production of the LIGHTS PARADE. The post event report for the Festival of Lights Parade shall be delivered to the CITY's representative on or before February 1, 2005. 4.1.9 As a condition of this agreement, POPS agrees to assist the CITY with the planning, routing and staging of the Black History Parade. The Black History Parade shall be held on the last Saturday in February. At a minimum, POPS shall assist the CITY in the collection of entry forms; preparation of the parade line-up; and the staging of the Black History Day Parade on the day of the event. 3 a »1 AGREEMENT FOR EVENT PROMOTION Parades of Palm Springs All other activities and events for the Black History Day Parade will be the responsibility of CITY staff. 4.2 DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY 4.2.1 CITY agrees to provide, at no cost to POPS, all public services, including police services, crowd control, emergency medical services, street maintenance services, traffic control, and other public services as may be deemed appropriate by SEPT, to produce LIGHTS PARADE. 4.2.2 CITY agrees to make available, at no cost to POPS, the CITY'S portable stage and entertainment unit also know as the "Showmobile". 4.2.3 The CITY will make a concerted effort to promote the LIGHTS PARADE on the CITY's government access channel, website and other advertising and marketing vehicles as deemed appropriate. 4.2.4 The CITY shall direct its Bureau of Tourism to provide not less than Five Thousand Dollars ($5,000) of in-kind marketing and advertising support (non- monetary) to POPS to promote and marketing the LIGHTS PARADE. The type and level of support shall be the sole discretion of the Bureau of Tourism and may include, but is not limited to the preparation and distribution of press materials collaborative promotions with other advertising efforts and assistance with public relations. 5.0 TERM OF AGREEMENT 5.1 AGREEMENT PERIOD. Unless earlier terminated in accordance with Section 5.3 below, this Agreement shall be until June 30, 2005. Such term may be extended upon the mutual written consent of the parties hereto. 5.2 BREACH OF AGREEMENT. Any material deviation by POPS 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 if such breach is not cured within ten (10) days within written notice thereof to POPS, or in the event of a cure which requires in excess of ten (10) days to complete, if POPS has not commenced such cure within ten days of such notice and is not diligently prosecuting said cure to completion. In the event of termination by whatever means, CITY shall have the option to produce the LIGHTS PARADE itself or assign that responsibility to a third party. 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 POPS of actual damages occasioned by such breach of Agreement and shall make every effort to resolve the same quickly and amicably. a19 q4 AGREEMENT FOR EVENT PROMOTION Parades of Palm Springs 5.3 AGREEMENT TERMINATION. In the event POPS 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 POPS pursuant to this Agreement shall be subject to reimbursement upon the occurrence of any of the following events: (a) POPS loses its tax-exempt status under Section 501 (c) (4) and 170 (c) (2) of the Internal Revenue Code; or (b) The dissolution of POPS; or (c) POPS terminates or attempts to terminate this Agreement for any reason other than City's failure to make payments as provided hereunder; or (d) POPS fails to fulfill the responsibilities, duties, and obligations set forth herein. 6.0 GENERAL 6.1 INSURANCE. POPS shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to CITY, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Additional Insurance. Policies of such other insurance may be required by the City's Risk Manager. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, POPS shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the City. No work or services under this Agreement shall commence until POPS has provided the City with a195000 5 AGREEMENT FOR EVENT PROMOTION Parades of Palm Springs Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages which have been approved by the City. 6.3 INSPECTION OF RECORDS. CITY shall have the right to monitor and inspect all work or records under this Agreement. 6.4 COMPLETE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This Agreement supersedes all previous agreements, if any, between the parties. 6.5 AMENDMENTS. Any alterations, variations, modifications or waivers of provisions to this Agreement shall be valid only when reduced to writing duly signed and attached to the original of this Agreement. 6.6 NOTICES. Communications among the parties hereto shall be addressed as follows: PARADES OF PALM SPRINGS Stan Barnes, President 255 N. El Cielo Road, Suite 402 Palm Springs, CA 92262 (760) 325-5749 FAX (760) 778-1090 CITY OF PALM SPRINGS David H. Ready, City Manager P.O. Box 2743 Palm Springs, CA 92262 (760) 322-8336 FAX (760) 323-8207 6.7 CITY REPRESENTATION.The City Manager or his designee shall be designated the "Liaison Representative of City." POPS shall work closely with the Liaison Representative of City and provide regular updates to keep the CITY currently advised on the status of the LIGHTS PARADE. 6.8 COMPLIANCE WITH LAWS. POPS shall comply with all applicable federal, state, and local laws, ordinances and regulations. 6.9 STANDARD OF CARE, CITY relies upon the professional ability of POPS as a material inducement to entering into this Agreement. POPS agrees to use reasonable care and diligence in rendering services under this Agreement. POPS agrees that the acceptance of its work by CITY shall not operate as a waiver or release of said obligation of POPS. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted aA& 6 AGREEMENT FOR EVENT PROMOTION Parades of Palm Springs professional procedure or which involve professional judgment shall not be used as a basis for submission of inadequate work or incomplete performance. 6.10 DEMAND FOR ASSURANCE. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and until he/she receives such assurance may, if commercially reasonable, suspend any performance for which the agreed return has not been received. "Commercially reasonable" includes not only the conduct of a party with respect to performance under this Agreement but also conduct with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceeding ten (10) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service, or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. 6.11 THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. [SIGNATURE BLOCK NEXT PAGE] ON 7 AGREEMENT FOR EVENT PROMOTION Parades of Palm Springs IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By: City Clerk City Manager CONTRACTOR: Check one:_Individual_Partnership_Corporation By: By: Signature (notarized) Signature (notarized) Name: Name: Title: Title: (This Agreement must be signed in the above space by one of This Agreement must be signed in the above space by one of the following: Chairman of the Board,President or any Vice the following:Secretary,Chief Financial Officer or any President) Assistant Treasurer) Stateof � State of l �1 County of lss County of lss On before me, On before me, personally appeared personally appeared personally known to me (or proved to me on the basis of satisfactory personally known to me (or proved to me on the has.of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed within mstmment and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciry(ies), and that by the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the in uriment the person(s), or the his/her/their signatme(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the entity upon behalf of which the peison(s) acted, executed the hunument. instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature:_ Notary Signature: Notary Seal: Notary Seal: Exhibit "A" SCOPE OF SERVICES Parades of Palm Springs, Inc. ("POPS") shall organize, manage and produce an annual City of Palm Springs ("CITY) Festival of Lights Parade ("PARADE") in December of each year during the term of this Agreement. Production of the Parade will include, but not be limited to, the following: 1. Planning the PARADE and developing the annual schedule, budget and events. The schedule, budget and anticipated events shall be submitted to the CITY, upon request by the CITY, any time prior to each PARADE, with at least seven days notice. 2. Soliciting additional sponsorships above and beyond the CITY's contribution under the terms of the agreement. 3. Securing the necessary venues for the PARADE and related activities, including Volunteers Pre-Parade Orientation Meeting/Party, Participant's Pre-Parade Meeting, Post-Parade Awards Ceremony, and other possible special attractions. 4. Promoting the PARADE and related events in consultation with the CITY's Tourism Department, by providing all information needed for the tourism department to promote the PARADE under the terms of the agreement. 5. Coordinating security for any and all related events, including, but not limited to, Pre-Parade Volunteer Orientation Meeting, Participant's Pre-Parade Meeting, Post-Parade Awards Ceremony, and other possible special attractions, excluding Parade Route, Staging area, and Post Staging area. 6. Providing financial and logistical progress reports on the status of the PARADE to the City upon their request, within the parameters of the agreement. 7. Creation of lineup from applications provided by others, and staging for Black History Parade, excluding all other work in relation to these parades. MINUTE ORDER NO. APPROVING AN AGREEMENT FOR EVENT SPONSORSHIP WITH PARADES OF PALM SPRINGS FOR THE 2004 FESTIVAL OF LIGHTS PARADE. I HEREBY CERTIFY that this Minute Order, approving an agreement for Event Sponsorship with Parades of Palm Springs for the 2004 Festival of Lights Parade, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 28th day of July, 2004. PATRICIA A. SANDERS City Clerk RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR. WHEREAS Resolution 20973 approving the budget for the fiscal year 2004-05 was adopted on June 9, 2004, and WHEREAS the City Manager has recommended, and the City Council desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 20973, adopting the budget for the 2004-05 fiscal year is hereby amended as follows SECTION 1. ADDITIONS Fund Activity Account Amount 112 2018 45623 Community Special Events Parades $10,000 Promotion of Palm Springs Purpose To appropriate additional funds for the Parades of Palm Springs Contract. Total cost for FY 04-05 will be $30,000 SECTION 2. SOURCE Fund Activity Account Amount 112 29301 Community Fund Balance $10,000 Promotion Adopted this day of 12004 AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED AND APPROVED