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HomeMy WebLinkAboutFirst Weekend 2016-2017CONTRACT NO. C35510 CITY OF PALM DESERT STAFF REPORT REQUEST: AUTHORIZATION FOR FUNDING OF EVENTS FOR FIRST WEEKEND 2016 — 2017 SUBMITTED BY: Deborah S. Glickman, Management Analyst Ruth Ann Moore, Economic Development Manager DATE: July 14, 2016 CONTENTS: Draft Sponsorship Agreement and letter of request for sponsorship for the November 4, 2016 Westfield STREET Event Recommendation By Minute Motion: 1. Approve a sponsorship in the amount of $20,000 with Westfield Palm Desert for the November 4, 2016 First Weekend event entitled STREET to be located on the top floor of the western parking structure. Funds are available in Account No. 1104416-4306201; 2. Authorize staff to finalize the negotiations of the subject contract with Westfield for STREET and authorize Mayor to execute same, subject to the satisfaction of the City Attorney; 3. Approve the expenditure in the amount of $45,000 for the February 4, 2017 First Weekend event entitled Swing `N Hops Street Party, to be located on El Paseo between San Pablo Avenue and Larkspur Lane. Funds are available in Account No. 1104416-4306101; 4. Authorize closing a portion of El Paseo on February 4, 2017 between San Pablo Avenue and Larkspur Lane; 5. Authorize the sale and consumption of alcoholic beverages on City -owned property in association with all First Weekend events including STREET and Swing N' Hops Street Party. Committee Recommendation At its meeting of May 20, 2016 the Hotel and Signature Events Committee received a presentation and recap of the November 7, 2015 STREET event. It also received and approved a request for $20,000 in funding for a November 4, 2016 STREET event. Staff Report Authorization for STREET and Swing `N Hops — First Weekend FY 2016-2017 July 14, 2016 Page 2 of 6 At the same meeting, the Committee was presented with a recap of the February 6, 2016 Swing 'N Hops Street Party and expressed support for the event to be held again in 2017. Strateqic Plan The STREET and Swing 'N Hops Street Party events contribute to both the Economic Development and Tourism and Marketing elements of the City's Envision Palm Desert Strategic Plan. Specifically, event creation contributes to: 1) Priority No. 3 of the Economic Development element — Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. 2) Priority No. 2 of the Marketing and Tourism element — Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. Backqround First Weekend Palm Desert was developed to support the goals as outlined within the City's Economic Development Strategic Plan as well as its Envision Strategic Plan. The program which occurs monthly on each first weekend November through May serves as an umbrella for existing and new arts and cultural events throughout the City of Palm Desert. The successes seen to date are attributable to the City's public and private partnerships that pair the City with many of its leading cultural entities including the Palm Springs Art Museum in Palm Desert, Westfield Palm Desert, El Paseo Shopping District, The Gardens on El Paseo, the Living Desert, The Art Place, and both universities, as well as numerous other businesses. Entering its fourth year, First Weekend continues to grow annually with the ultimate goal of creating a program that would appeal to a larger audience and put "heads in beds." In its 2015-2016 season, staff implemented a "featured event" element to First Weekend that included a monthly large scale special event. All featured events were highlighted in the City's marketing and public relations efforts for First Weekend. These events included STREET, Swing 'N Hops, Vision San Pablo, and others that were all well attended and met with great enthusiasm. For this coming season, Thomas Soule will continue to oversee all marketing and public relations efforts for First Weekend, while Ruth Ann Moore will be the point person for Westfield's STREET event and Deborah Glickman will be the point person for the City's coordination of Swing `N Hops Street Party. Discussion The following are three subjects for review and approval. Westfield — STREET Staff Report Authorization for STREET and Swing 'N Hops — First Weekend FY 2016-2017 July 14, 2016 Page 3 of 6 STREET was designed as the kick-off, featured event for Palm Desert's November First Weekend. The inaugural event was held on Saturday, November 7, 2015 from 5 to 10 p.m. on The Deck at Westfield Palm Desert and was an interactive celebration of music, art, fashion, and food inspired by street culture. The total budget for the event was $40,000 with cash contributions by the City in the amount of $20,000 and $3,000 from the Greater Palm Springs Convention and Visitors Bureau. Westfield funded the rest of the budget along with in -kind funding for advertising outreach through their Southern California malls. The following were results of the event: • Attendance was estimated at 1,500 throughout the evening. Security kept a count at the multiple entrances into the event. • Art — Coachella Valley (CV) Art Scene came to the event as a major partner. An empty store front within the mall was used to complete all the murals that were displayed as well as chalk art designs during the event. This store front has continued to be used during the year by CV Art Scene through the inventive creation of MAKE, an interactive store for arts, music, and the sale of artists' creations. • Music — The music groups and DJs performed throughout the five hour event with the most popular, DJ Alf Alpha, performing at the end of the evening. The stage and sound systems were set up to direct the sound towards the commercial district, and City Hall only received one noise complaint after the event. • Cars — Displays by a Coachella car club featured artistic, urban -styled vehicles. • Food — The largest portion of the food and all alcohol was provided by Stuft Pizza and included a variety of food choices throughout the evening. The two food truck vendors that participated were happy with the results and both sold out. • Vendors — Various merchants and outside vendors displayed urban street -wear and merchandise for sale. • Security — Westfield brought in their Southern California security taskforce that works all of their major events. There were no security issues during the event. The staff at Westfield felt STREET was successful as a first year event and the goals they set out were accomplished. Those goals included changing the perception of the mall to a location for up and coming trends; establish more community relations and regional partnerships; and create an event space that could be used by outside agencies looking for locations in the valley. In addition, several executives and leasing agents for Westfield were in attendance with potential new tenants to showcase the property. Westfield is again requesting the same level of sponsorship, $20,000, to create STREET 2.0. The anticipation for this year's event will use the same basic format of live music, live mural creations, commissioned art, a Stuft Pizza pop-up restaurant, and a larger number of food trucks than the first year. STREET 2.0 will move this year to Friday in order not to compete with a very large Day of the Dead event being held in the east valley. Moving to Friday has opened discussions with the Palm Springs Art Museum in Palm Desert to coordinate and co-sponsor events at both Staff Report Authorization for STREET and Swing 'N Hops — First Weekend FY 2016-2017 July 14, 2016 Page 4 of 6 locations. Staff is in discussions with Westfield and the Museum to create a visual path between the events for the evening. Goals for November 2016 event include: • More engagement of the community in both attendance and interaction with the artists; • The integration of additional partners, organizations, vendors, and retailers; and • To create synergy between the events at Westfield and those at the Palm Springs Museum in Palm Desert. A letter of sponsorship request and a draft agreement are attached. Staff seeks authorization for a $20,000 sponsorship for STREET 2.0 and to complete the negotiations and execution of a contract. Swing `N Hops Street Party The inaugural Swing 'N Hops Street Party, held on February 6, 2016 from 12 — 4 p.m. proved to be a very successful event with more than 2,000 people from around the region in attendance. Attendees danced to the music of The Jennifer Keith Quintet, a noted southern California swing dance band, and received dance lessons from six dance instructors from the Lupita Limon Studio of Riverside, while enjoying interactive art projects, retail booths, and food and beer gardens all from El Paseo and Coachella Valley vendors. Immediately following the event, most of the participating vendors had already expressed an interest in returning in 2017, while other vendors that did not participate in the event have contacted staff and inquired about participating in 2017. In addition to the above activities and vendors, the event included: • A classic car show provided by El Paseo Cruise Night • Interactive art stations provided by the Coachella Valley Art Scene • Two (2) beer gardens with Coachella Valley Brewing Company beer • Food vendors including WP Kitchen and Bar, Koutouki, Rita's Italian Ice, II Corso, and Whole Foods • Non-food vendors including J. Russell Salon, HipsSister, CV Weekly, Musicians Outlet, Palm Springs Life, Berkshire Hathaway, Desert Distilling, among others • A photo booth • Opportunities for the surrounding businesses to hold outdoor sales and one day specials. Merchants on the north side of El Paseo on the block of the event were offered an opportunity to hold outdoor sales during the hours of the festivities, and many did so. Additionally, Swing 'N Hops Street Party received strong print, radio, television, and social media coverage including the following: Staff Report Authorization for STREET and Swing 'N Hops — First Weekend FY 2016-2017 July 14, 2016 Page 5 of 6 • The Desert Sun • CV Weekly (cover article) • Inland Empire Fun • Best Palm Springs.com • Coachellavalley.com • Southern California Life • Gay Desert Guide • The Public Record • StamfordAdvocate.com • CBS2 Eye on the Desert • Numerous radio interviews and ads • The event's Facebook site was seen by thousands of people, with 1,500 indicating that they were interested in or planning to attend. In advance of the event, via social media and direct contact, staff heard evidence of people potentially attending the event from numerous parts of the Los Angeles, Orange County, and Riverside areas, and from as far away as Las Vegas. Direct outreach was extended to more than 40 dance studios and swing dance groups both locally and from around the southern California region, and 3,500 rack cards were distributed. Additionally, staff spoke with many people at the event who rarely or never before had visited El Paseo. Overall, the event was very well received by the community and many of the merchants on El Paseo, and staff has been asked to move forward with planning a second annual Swing `N Hops Street Party. For the 2017 event, staff anticipates adjusting the timing of to begin later in the afternoon and end in the evening, giving the surrounding restaurants, which are now familiar with the event, a chance to offer dinner and drink specials. Additionally, staff anticipates further activating both ends of the block to include additional musicians and art based opportunities to create a more dynamic environment than the inaugural event. Staff will continue to work with the merchants on the block to assist with their cultivation of Swing 'N Hops related specials or events as appropriate for the 2017 festival. Staff seeks support for Swing 'N Hops to be held on El Paseo between Larkspur Lane and San Pablo Avenue on February 4, 2017. Staff also seeks approval for funding in the amount of $45,000 to cover the costs of the event as well as to again hire a contractor to produce the event and will return at a later date with a request for approval of the contractor's agreement. Vision San Pablo Staff is looking to include an event on San Pablo Avenue as a featured event in the First Weekend 2016-2017 season. This event would be similar to the successful May 7, 2016 Vision San Pablo event and would potentially be held in April or May 2017. If appropriate, staff will return to City Council at a later date with a request for funds for this event. Staff Report Authorization for STREET July 14, 2016 Page 6 of 6 Fiscal Analysis and Swing `N Hops — First Weekend FY 2016-2017 Funding is available in Account No. 1104416-4306201to fund the $20,000 sponsorship of STREET and in Account No. 1104416-4306101 to fund $45,000 for the production of Swing `N Hops. Staff recommends participation in the events as they should bring significant exposure to Palm Desert. First Weekend is starting its fourth year and has gained much success in collaborating with local community partners, and in order for First Weekend to grow, staff recommends continuing to seed these featured events to attract visitors from both outside and within the Coachella Valley to shop, dine, and stay in Palm Desert. Submitted By: Deborah S. Glickman, Management Analyst Reviewed by: min Alvarez, Director of Economic Development � -C )� Joore, Director of Finance Approval: e,GW1� "n arthy, Interi it/ Manager th nn oore, Economic Development Manager A�c Ryan Stendell, Director of Community Development Reidy Acosta, Assistant City Manager Westfield June 1, 2016 Ruth Ann Moore Economic Development Manager The City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 RE: Letter Request for $20,000 Sponsorship — STREET Arts and Music Event - First Weekend Dear Ms. Moore As part of the 2015 First Weekend programming, Westfield Palm Desert received $20,000 to produce STREET, an arts and music festival in partnership with The Coachella Valley Art Scene. This free community event was held on the third level of the parking garage that is located nearest the Macy's Department Store. The event garnered 1,500 attendees, over $15,000 in food and drink sales, and increased foot traffic to the shopping center by 25% on that Saturday. STREET was not only a successful event but it established our ability to attract a new genre of artists and musicians into Palm Desert and showcase them in a unique way. This year, Westfield Palm Desert is requesting the same level of sponsorship, $20,000, to create STREET 2.0. The anticipation for the second annual event has been growing and we've been cultivating artists and musicians through MAKE, the interactive arts and music lounge located in the shopping center. Using the same basic format of live music, live muraling, commissioned art, a Stuft Pizza pop-up restaurant, Food Trucks, and retail displays, STREET 2.0 will be bigger and better but only with the City's support. There are two goals with STREET 2.0 (1) to engage more of the community — increase attendance and interaction with the artists (2) integrate additional partners — organizations, vendors, and retailers. Although Westfield contributes a significant amount of dollars to the project, we cannot execute this event to the size and scale that it deserves without the City's sponsorship. We appreciate your consideration and we look forward to bringing STREET 2.0 to the community again this year. Sincerely, Diana Grasso General Manager Westfield Palm Desert 72-840 Highway 111, Suite 166 Palm Desert, CA 92260 (760) 346-2121 CONTRACT NO. C35510 SPONSORSHIP AGREEMENT This Sponsorship Agreement ("Agreement") is entered into this 14`h day of July, 2016, by and between the City of Palm Desert ("City") and Westfield Palm Desert (Contractor). The City and Westfield Palm Desert 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, Westfield Palm Desert wishes to create an entertainment event entitled "Street" to attract residents and visitors to Palm Desert. WHEREAS, the City desires to sponsor the "Street" 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 July 14, 2016 and continue until November 4, 2016 or upon completion of the Westfield Palm Desert "Street" event. 2. Responsibilities of the Parties 2.1 Responsibilities of City. The City shall within its marketing of First Weekend leading up to the November 4, 2016 event promote the "Street" event in all advertising and public relations efforts. In all other advertising and public relations throughout the 2016-2017 events, Westfield will be listed with all other community partners. At the City's expense, two (2) moveable, electronic directional signs will be placed at agreed upon locations in the City directing visitors to the event. 2.2 Responsibilities of Westfield Palm Desert. Westfield Palm Desert will prominently feature Palm Desert and First Weekend logos in all advertising including all social media, website banners, e-blasts and in -mall displays. Westfield Palm Desert will feature Palm Desert and First Weekend in all photo and video opportunities including signage and step -and -repeat back drops. Westfield Palm Desert will grant access to all photography and video taken during the event to cross promote on the City's website. Westfield 1, hcon DeveioomennHutn Ann Moore\SPONSORSHIP AGREEMENT Westheia 7 14 16 clot CONTRACT NO. C35510 Palm Desert will coordinate with a hotel located in Palm Desert to be listed in all media as the hotel sponsor and create and promote weekend hotel packages for the November First Weekend. 3. Compensation. The City shall pay Westfield Palm Desert a total of $20,000 in two separate payments of $10,000. The first $10,000 payment shall be due by September 1, 2016. The second $10,000 payment shall be due no later than October 15, 2016. 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. 4.2 Termination. 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. 4.3 Termination without cause. Either Party may terminate this Agreement upon at least ninety (90) days prior written notice to the other Party. If Westfield Palm Desert 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 Contractor's indemnification of City, and prior to commencement of the event, Contractor shall obtain, provide and maintain at its own expense during the term of this Sponsorship Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City. 5.1 General Liabilitv Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services G E cu- DeveiopmennRuin Ann MoofetSPGNSGRSHIP AGREEMENT Westfield 7-14-16 doc CONTRACT NO. C35510 Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If alcohol is sold during the permitted activity, coverage must include full liquor liability. 5.2 Automobile Liabilitv Insurance. Contractor 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 Contractor 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 5.3 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City of Palm Desert, its officers, agents, employees and volunteers. 5.4 Umbrella or Excess Liabilitv Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than 4,000,000 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. 6.1Insurance for Subcontractors. All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the subcontractors' policies. ,; t is - De.ewmennRutn Ann MooreISPONSORSHiP AGREEMENT Westf,eia 7-14.16 aoc CONTRACT NO. C35510 6.2 Proof of Insurance. Contractor 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 endorsement must be approved by City's Risk Manager prior to commencement of the event. 6.3 Duration of Coveraqe. Contractor 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 Contractor, his/her agents, representatives, employees or subcontractors. 6A Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance 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. 6.5 Waiver of Subroqation. 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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City of Palm Desert and shall require similar written express waivers and insurance clauses from each of its subcontractors. 6.6 Primary and Non-Contributina Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 6.7 Additional Insured Status. General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide, or be endorsed to provide, that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. 6.8 Additional Insurance. Contractor 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 event. 7. Indemnification. Westfield Palm Desert 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 C. Eco- Ue,eiopmenikRuln Ann Moo(e1SPONSORSHIP AGREEMENT Westfeld 7 1a 16 6oc CONTRACT NO. C35510 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. 7.1 Force Maieure. 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 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. 8. 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: City Manager Westfield Palm Desert: Westfield Palm Desert 72840 Highway 111 Palm Desert, CA 92260 Attn: Diana Grasso 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. 9. Legal Costs. In the event of any legal action between the City and Westfield Palm Desert 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. 10. Bindinq 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 0 tco-� Ue�eioomennRuin Ann MooretSPONSORSHiP AGREEMENT West6eio 7.14.16 tloc CONTRACT NO. C35510 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. 11. 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. 12. 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. 13. Modifications. All modifications to this Agreement must be in writing and signed by the Parties. 14. Third -Party Riahts. 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. 15. Governinq 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. 16. 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. 17. 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. 18. 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 r, ,E_o- Dc,e•ocmemRurn Ann MoorexSPONSORSHiP AGREEMENT Westfield 7.14.16 aoc CONTRACT NO. C35510 dealing with one another make a jury determination neither desirable nor appropriate. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first hereinabove written. CITY OF PALM DESERT Robert A. Spiegel ATTEST: Rachelle D. Klassen, City Clerk WESTFIELD PALM DESERT Diana Grasso Approved As To Form: Robert Hargreaves, City Attorney = c:,•- Dove ct;men11R tr' Ann MoorexSPONSORSHIP AGREEMENT Westf-elo 7.14 16 ooc