HomeMy WebLinkAboutC36440 - 2018 PD Livewell Festival & Sponsorship CONTRACT NO. C36440
CITY OF PALM DESERT
SPECIAL PROGRAMS DEPARTMENT
STAFF REPORT
REQUEST: APPROVAL OF THE 2018 PALM DESERT LIVEWELL FESTIVAL
AND SPONSORSHIP
SUBMITTED BY: Amy Lawrence, Management Analyst
DATE: September 28, 2017
APPLICANT: MyCityEveryday
Mr. Seth Cash
74108 Highway 111
Palm Desert, CA 92260
CONTENTS: Contract No. C36440
Recommendation
By Minute Motion, approve:
1. Sponsorship Agreement with Everydia Collective, LLC, dba
MyCityEveryday in the amount of $5,000 for the 2018 Palm Desert
LiveWell Festival scheduled for Saturday, January 6, 2018;
2. Expenditure in the amount of $5,000 payable to Everydia Collective, LLC from
Account No. 1 1 0441 6-4306201;
3. Waiver of park rental fees in the amount of $250;
4. Temporary waiver to Palm Desert Municipal Code (PDMC) Section 11.01.140
(Amplified Sound);
5. Temporary waiver to Palm Desert Municipal Code (PDMC) Section
11.01.080.0 (Placement of Advertising Signage in Parks); and
6. Temporary waiver to Palm Desert Municipal Code (PDMC) Section
11.01.080 (Prohibited Conduct Generally in City Parks, Item Q — Vendor
Sales).
Strategic Plan Objective
Approval of the 2018 Palm Desert LiveWell Festival would impact the following priorities
outlined in the 2013-2033 Strategic Plan, Envision Palm Desert— Forward Together.
• Parks and Recreation Priority 3: Make recreational and exercise opportunities
available in all public spaces.
STAFF REPORT
APPROVAL OF 2018 PALM DESERT LIVEWELL FESTIVAL AND SPONSORSHIP
SEPTEMBER 28, 2017
PAGE 2
• Economic Development Priority 3: Create and attract entertainment and events
to enhance and expand the Palm Desert economy and lifestyle.
• Tourism and Marketing Priority 2: Grow existing events and develop new events
to enhance the desirability of Palm Desert as a year round destination.
Background
On January 5, 2017, MyCityEverday held its first annual LiveWell Festival at the Palm
Desert Civic Center Park. The festival was designed to provide individuals and families
with a fun and interactive experience promoting awareness of health and wellness
resources that are readily available within the local community. Last year's event
included 86 exhibitors from all over the Coachella Valley including the Desert
Recreation District, yoga and Pilates studios and instructors, medical and homeopathic
practitioners, gyms, health food eateries, and more. One main goal of the event was to
promote Palm Desert as the epicenter of health and wellness in the Coachella Valley.
The LiveWell Festival, which was slated as Palm Desert's signature First Weekend
event for January, proved to be very successful with an estimated 3,200 attendees. The
event came at the perfect time of the year when people were most receptive to paying
attention to their overall health and wellbeing. Given the success of this year's event,
the organizer has their sights on producing a bigger and better festival next year by
introducing two new innovative elements; one being a Health and Wellness Awards
Program intended to recognize businesses and individuals within 15 different categories
for their commitment to healthy living, and the other a 1K color run in effort to bring
another level of engagement and participation to the event.
The Palm Desert LiveWell Festival is scheduled for Saturday, January 6, 2018, from 10
a.m. to 5 p.m. As with the last event, the festival will be completely contained to the
Civic Center Park (to include the 1K color run, which will be similar to the one held
during the Y-Be-Fit event), and will require no road closures, traffic control, or police
services. There will be no charge for admission to the event, and if approved, the
organizer will work directly with the Desert Recreation District on space rental and will
be responsible for all event logistics. However, staff will maintain contact with the
organizer and assist as needed.
Fiscal Analysis
Last year, MyCityEveryday did not seek monetary sponsorship from the City for any part
of the LiveWell Festival; however, the event was slated as the signature First Weekend
event for January, which resulted in reciprocal marketing and promotion. This year, the
organizer is seeking sponsorship from the City in the amount of $5,000 to assist with
marketing and promotion of the event, plus waiver of park usage fees in the amount of
$250. In recognition for the sponsorship, the organizer is proposing to change the name
STAFF REPORT
APPROVAL OF 2018 PALM DESERT LIVEWELL FESTIVAL AND SPONSORSHIP
SEPTEMBER 28, 2017
PAGE 3
of the event to the "Palm Desert LiveWell Festival" and will once again participate as the
City's signature First Weekend event for January.
Due to the success of the event and the significant number of attendees that it drew in
its first year, staff supports the organizer's request for sponsorship in effort to grow the
event through additional marketing. Additionally, staff believes that the LiveWell Festival
is quite unique with its focus on bringing awareness to local health and wellness
practices within the community, and therefore it is a great addition to Palm Desert's
portfolio of annual events.
Funding for the sponsorship is available in the City-Sponsored Events Account No.
1104416-4306201.
Submitted By:
Amy Law cc
Management Analyst
Reviewed:
(
Frankie Riddle
Director of Special Programs
J _)aft----i`7-(' _—
ai Moore
Director of Finance
Approval:
Lauri Aylaian ��
City Manager
CONTRACT NO. C36440
SPONSORSHIP AGREEMENT
This Sponsorship Agreement ("Agreement") is entered into this 28th day of
September, 2017, by and between the City of Palm Desert ("City"), a California public
entity, and Everydia Collective, LLC, dba MyCityEveryday ("Consultant"). The City and
Consultant are sometimes collectively referred to in this Agreement as the "Parties" and
individually referred to as "Party." The Agreement is made in light of the following
Recitals:
RECITALS
WHEREAS, Consultant wishes to create an entertainment event entitled the "Palm
Desert LiveWell Festival" to accompany First Weekend programing in Palm Desert.
WHEREAS, the City desires to sponsor the Palm Desert LiveWell Festival event
through funding a portion of the costs associated with the event.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, and in
light of the above Recitals, which are hereby made a part of this Agreement, the Parties
hereby agree as follows:
AGREEMENT
1. Term: The Term of this Agreement shall commence on September 28, 2017
and continue until January 6, 2018 or upon completion of the Palm Desert
LiveWell Festival event.
2. Responsibilities of the Parties:
2.1 Responsibilities of City:
2.1.1 The City shall within its marketing of First Weekend leading up to
the January 6, 2018 event promote the Palm Desert LiveWell
Festival event in its advertising and public relations efforts. In other
advertising and public relations throughout the 2017-2018 events,
the Palm Desert LiveWell Festival will be listed with all other
community partners.
2.1.2 The City shall allow Consultant use of the Palm Desert Civic Center
Park located at 73510 Fred Waring Drive in Palm Desert, California
92260, on Saturday, January 6, 2018.
2.1.2.1 Event location may be changed upon mutual agreement by
both parties in writing.
2.2 Responsibilities of Consultant:
2.2.1 Consultant will produce all aspects of the Palm Desert LiveWell
Festival.
2.2.2 Consultant will prominently feature Palm Desert and First Weekend
logos in all advertising including all social media, website banners
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and e-blasts. Consultant will feature Palm Desert and First
Weekend in all photo and video opportunities including signage and
step-and-repeat back drops.
2.2.3 Consultant will grant access to all photography and video taken
during the event to cross promote on the City's website.
3. Compensation: The City shall pay Consultant a total of $5,000 in one
payment by November 3, 2017. If insurance documents have not been
approved by the City's Risk Manager by this date, check will be released
upon final approval of all insurance.
4. Remedies and Termination:
4.1 Remedies: The Parties agree to provide each other with written notice of
nonperformance, unsatisfactory performance, or any other dispute arising
from the terms of this Agreement within ten (10) days of the deficiency or
dispute being identified. The Parties shall have thirty (30) days from
receipt of said written notice to correct any performance deficiencies. The
Parties may mutually agree to extend the thirty (30) day cure period. The
Parties agree to cooperate in good faith to resolve any performance
issues or dispute arising from this Agreement. Either Party in its sole and
absolute discretion may waive a default that cannot be cured.
4.2Termination: In the event any dispute cannot be resolved under these
procedures, each Party retains such legal and equitable remedies as it
may have under the law to enforce this Agreement. If either Party defaults
under this Agreement and does not timely cure such default, the non-
defaulting Party may terminate this Agreement upon providing written
notice of termination of this Agreement to the defaulting Party, in which
case this Agreement shall terminate.
4.3Termination without cause: Either Party may terminate this Agreement
upon at least ninety (90) days prior written notice to the other Party. If
Consultant terminates this Agreement, pursuant to this Section 4.3, the
City shall be entitled to a pro rata refund of any prepaid amounts.
5. Insurance: Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its
own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form that is satisfactory to City.
5.1 General Liability Insurance: Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per
occurrence, $2,000,000 general aggregate, for bodily injury, personal
injury, and property damage. The policy must include contractual liability
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that has not been amended. Any endorsement restricting standard ISO
"insured contract" language will not be accepted.
5.2Automobile Liability Insurance: Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the
Consultant arising out of or in connection with Work to be performed under
this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
5.3Workers' Compensation Insurance: Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability
Insurance (with limits of at least $1 ,000,000). Consultant shall submit to
City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of the City of Palm Desert, its officers, agents,
employees and volunteers.
5.4 Umbrella or Excess Liability Insurance: Consultant may opt to utilize
umbrella or excess liability insurance in meeting insurance requirements.
In such circumstances, Consultant may obtain and maintain an umbrella
or excess liability insurance policy with limits that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above, including commercial general
liability and employer's liability. Such policy or policies shall include the
following terms and conditions:
• A drop down feature requiring the policy to respond if any primary
insurance that would otherwise have applied proves to be
uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
6. Other Provisions or Requirements:
6.1 Proof of Insurance: Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsements must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
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6.2 Duration of Coverage: Consultant shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the
performance of the Work hereunder by Consultant, his/her agents,
representatives, employees or subconsultants.
6.3 Primary/Non-Contributing: Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by
City shall not be required to contribute with it. The limits of insurance
required herein may be satisfied by a combination of primary and umbrella
or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City's
own insurance or self-insurance shall be called upon to protect it as a
named insured.
6.4 City's Rights of Enforcement: In the event any policy of insurance required
under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain
the insurance it deems necessary and any premium paid by City will be
promptly reimbursed by Consultant, or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may
cancel this Agreement.
6.5Acceptable Insurers: All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers
in the State of California, with an assigned policyholders' Rating of A- (or
higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
6.6 Waiver of Subrogation: All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation
against the City of Palm Desert, its elected or appointed officers, agents,
officials, employees and volunteers, or shall specifically allow Consultant
or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against the City of Palm Desert, its
elected or appointed officers, agents, officials, employees and volunteers,
and shall require similar written express waivers and insurance clauses
from each of its sub-contractors.
6.7Enforcement of Contract Provisions (non estoppel): Consultant
acknowledges and agrees that any actual or alleged failure on the part of
the City to inform Consultant of non-compliance with any requirement
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imposes no additional obligations on the City nor does it waive any rights
hereunder.
6.8 Requirements Not Limiting: Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be
available to the City.
6.9 Notice of Cancellation: Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is
required) or nonrenewal of coverage for each required coverage.
6.10 Additional Insured Status: General and automobile liability policies shall
provide or be endorsed to provide that the City of Palm Desert and its
officers, officials, employees, agents, and volunteers shall be additional
insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
6.11 Prohibition of Undisclosed Coverage Limitations: None of the coverages
required herein will be in compliance with these requirements if they
include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
6.12 Separation of Insureds: A severability of interests provision must apply for
all additional insureds ensuring that Consultant's insurance shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the insurer's limits of liability. The policy(ies) shall
not contain any cross-liability exclusions.
6.13 Pass Through Clause: Consultant agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the project
who is brought onto or involved in the project by Consultant, provide the
same minimum insurance coverage and endorsements required of
Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided
in conformity with the requirements of this section. Consultant agrees that
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upon request, all agreements with consultants, sub-contractors, and
others engaged in the project will be submitted to City for review.
6.14 City's Right to Revise Specifications: The City reserves the right at any
time during the term of the contract to change the amounts and types of
insurance required by giving the Consultant ninety (90) days advance
written notice of such change. If such change results in substantial
additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
6.15 Self-Insured Retentions: Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these specifications
unless approved by City.
6.16 Timely Notice of Claims: Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies.
6.17 Additional Insurance: Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
6.18 Safety: Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services,
the Consultant shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all
necessary precautions for the safety of employees appropriate to the
nature of the work and the conditions under which the work is to be
performed.
7. Indemnification: Consultant shall indemnify, defend, and hold harmless the
City of Palm Desert, its officers, employees, and agents from any and all
losses, costs, expenses, claims, liabilities, actions, or damages, including
liability for injuries to any person or persons or damage to property arising at
any time during and/or arising out of or in any way connected with
Contractor's activities under the terms of this agreement, unless solely
caused by the gross negligence or willful misconduct of the City of Palm
Desert, its officers, employees, or agents.
8. Force Majeure: Any delay or failure in the performance by either party
hereunder shall be excused if and to the extent caused by occurrence of a
Force Majeure. Force Majeure shall mean a cause or event that is beyond
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the reasonable control of the party claiming Force Majeure. Force Majeure
includes but not limited to, acts of God, fires, floods, rain, heavy wind,
earthquake, explosions, riots, wars, sabotage, terrorism, vandalism, accident,
restraint of government, governmental act, injunctions, destruction of site and
other like events. In the event City has advanced funds for the sponsorship to
the extent not utilized directly for the event any unused portion shall be
returned.
9. Notices: Whenever it shall be necessary for either Party to serve notice on
the other regarding this Agreement, such notice shall be served either in
person, by certified mail, return receipt requested to the addresses below.
City: City of Palm Desert
Palm Desert Civic Center
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Amy Lawrence
Consultant: MyCityEveryday
74108 Highway 111
Palm Desert, CA 92260
Attn: Seth Cash
Such notice shall be deemed made when personally delivered or when
mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class
postage prepaid and addressed to the Party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
10.Legal Costs: In the event of any legal action between the City and
Consultant arising out of the obligations of the Parties pursuant to this
agreement, the prevailing Party will be entitled to payment of its costs
and expenses, including its reasonable attorneys' fees.
11.Binding Effect: Successors. Neither Party shall assign or transfer, either
directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the other Party, which may be given in
such Party's sole and absolute discretion. Any attempt to do so shall be null
and void, and any assignees or transferees shall acquire no right or interest
by reason of such attempted assignment or transfer. This Agreement shall
bind and inure to the benefit of the Parties and their respective heirs, legal
representatives, successors and assigns and all of the Parties thereto shall
be jointly and severally liable hereunder.
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12.Counterparts: This Agreement may be executed in counterparts each of
which shall be deemed an original and all of which together shall constitute
one and the same instrument which shall be binding upon the Parties
notwithstanding that the Parties may not be signatories to the same
counterpart or counterparts. The Parties may integrate their respective
counterparts by attaching the signature pages of each separate counterpart
to a single counterpart.
13.Further Assurances: Whenever requested to do so by the other Party,
each Party shall execute, acknowledge, and deliver any further
conveyances, assignments, confirmations, satisfactions, releases, powers of
attorney, instruments of further assurance, approvals, consents, and any
documents that are necessary, expedient, or proper to complete anything
contemplated by this Agreement. In addition, each Party shall do any other
acts and execute, acknowledge, and deliver any requested documents in
order to carry out the intent and purpose of this Agreement.
14.Modifications: All modifications to this Agreement must be in writing and
signed by the Parties.
15.Third-Party Rights: Nothing in this Agreement, express or implied, is
intended to confer upon any person, other than the Parties and their
respective successors and assigns, any rights or remedies.
16.Governing Law; Choice of Venue: This Agreement shall be governed and
construed in accordance with California law, including the Fair Political
Practices Act of 1974. Venue shall be Riverside County.
17.Severability: If any provision of this Agreement becomes or is declared by a
court to be illegal, unenforceable or void, that clause will be omitted and the
remainder of the Agreement will continue in full force and effect. Such
holding shall in no way affect the validity or enforceability of this Agreement.
18.Entire Agreement: This Agreement is the entire agreement between the
Parties and supersedes any prior or contemporaneous representations,
understandings or agreements, whether written or oral.
19.Waiver of Jury Trial: The Parties specifically waive any right to trial by jury in
any court with respect to any contractual, tortious or statutory claim,
counterclaim or cross claim against the other arising out of or connected in
any way to this Agreement because the Parties hereto, both of whom are
represented by counsel, believe that the complex commercial and
professional aspects of their dealing with one another make a jury
determination neither desirable nor appropriate.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
as of the date first hereinabove written.
CITY OF PALM DESERT
Jan C. Harnik, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
MYCITYEVERYDAY
Seth Cash, Founder/Creative Director
Approved As To Form:
Robert W. Hargreaves, City Attorney
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