HomeMy WebLinkAboutC35510A - Event Mngment Svc - FG Creative, Inc.CONTRACT NO. C35510A
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: AWARD CONTRACT TO FG CREATIVE, INC. FOR EVENT
MANAGEMENT FOR THE SWING 'N HOPS STREET PARTY TO
BE HELD ON EL PASEO ON FEBRUARY 4, 2017
SUBMITTED BY: Deborah S. Glickman, Management Analyst
DATE: September 22, 2016
CONTENTS: Draft Contract with FG Creative, Inc.
Proposal from FG Creative, Inc.
Recommendation
By Minute Motion:
1. Award Contract to FG Creative, Inc. for event management for the Swing 'N
Hops Street Party to be held on El Paseo on February 4, 2017. Funds are
available in Account No. 1104416-4306101;
2. Authorize staff to finalize the negotiations of the subject contract with FG
Creative, Inc. and authorize Mayor to execute same, subject to the
satisfaction of the City Attorney.
Committee Recommendation
At its meeting of May 20, 2016 the Hotel and Signature Events Committee received a
presentation and recap of the February 6, 2016 Swing 'N Hops Street Party and expressed
support for the event to be held again in 2017.
Strateoic Plan
The Swing 'N Hops Street Party event contributes to both the Economic Development and
Tourism and Marketing elements of the City's Envision Palm Desert Strategic Plan.
Specifically, event creation contributes to:
Priority 3 of the Economic Development Element: Create and attract entertainment and
events to enhance and expand the Palm Desert economy and lifestyle.
Priority 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.
Staff Report
Approval of Contract for Swing `N Hops
September 22, 2016
Page 2 of 2
Background
The first Swing 'N Hops Street Party was developed as a featured event for First Weekend
and was held on February 6, 2016 on El Paseo between San Pablo Avenue and Larkspur
Lane. The event was attended by more than 2,000 from the Coachella Valley and the
southern California region, and included dance instruction, a swing dance band, classic car
show, art activations, and food, beer, and retail offerings from local vendors.
At its meeting on July 14, 2016, City Council authorized a budget of $45,000 for the 2017
Swing `N Hops Street Party to be held in the same location as last year as well as hiring a
contractor to plan and manage the event.
On August 24, 2016 staff published in the Desert Sun and posted on the board at City Hall a
Request for Proposals (RFP) with a budget of $41,000 for event management, including
some marketing, and public relations, for the Swing 'N Hops Street Party. Staff held back
$4,000 of the budget for special event insurance and other incidentals to be handled by the
City as needed. Sealed proposals were due to the City Clerk on September 9, 2016. The
proposal from FG Creative, Inc. was the only proposal that was received.
Staff reviewed the proposal and feels that FG Creative, Inc. is a very strong candidate for
the contract, as it is the same contractor that organized last year's very successful inaugural
event. Therefore, staff recommends that City Council approve the contract with FG
Creative, Inc. for the 2017 Swing `N Hops Street Party.
Fiscal Analvsis
Funding in the amount of $41,000 is available in Account No. 1104416-4306101 for the
contract for the event management of the 2017 Swing `N Hops Street Party.
Submitted By:
Deborah S. Glickman
Management Analyst
Reviewed:
n Moore, Director of Finance
Approval:
Jusfifi McCarthy
4,,4�4-
, Interim Cit onager
Department Head:
Ryan Stendell
Director of Community Development
EVENT COORDINATION AGREEMENT DRAFT
CITY OF PALM DESERT
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 22ND day of September, 2016, by and
between the City of Palm Desert, a municipal corporation, organized under the laws of the
State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm
Desert, California, 92260 ("City") and FG Creative, Inc., a Corporation, with its principal place
of business at 74020 Alessandro, Suite, E, Palm Desert, CA 92260 ("Consultant"). City and
Consultant are sometimes individually referred to herein as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional event management, marketing, and public relations consulting services
required by the City on the terms and conditions set forth in this Agreement. Consultant
represents that it is experienced in providing professional event management, marketing,
and public relations consulting services to public clients, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional event management,
marketing, and public relations consulting services for the February 4, 2017 Swing `N
Hops Street Party project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional event planning, marketing, and
public relations consulting services necessary for the Project ("Services"). The Services are
more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this Agreement,
the exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from September 22, 2016 to
February 4, 2017, or upon completion of the Project and its wrap-up, unless earlier
terminated as provided herein. Consultant shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor: Control and Pavment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an
employee. Consultant retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, nor any of its officials,
officers, directors, employees or agents shall have control over the conduct of Consultant or
any of Consultant's officers, employees, or agents, except as set forth in this Agreement.
Consultant shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and asrequired by law. Consultant
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformgpl;,e to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or
a threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement
are as follows: Stephanie Greene.
3.2.5 Citv's Representative. The City hereby designates Deborah S.
Glickman, Management Analyst II, or her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
Consultant shall not accept direction or orders from any person other than the City Manager,
City's Representative or her designee. City's Representative shall have the power to act on
behalf of the City for review and approval of all products submitted by Consultant, but not the
authority to enlarge the Scope of Work or change the total compensation due to Consultant
under this Agreement. The City Manager shall be authorized to act on City's behalf and to
execute all necessary documents which increase the Scope of Work or change the
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Consultant's total compensation, subject to the provisions contained in Section 3.3 of this
Agreement.
3.2.6 Consultant's Representative. Consultant hereby designates Trisha
Witkower, or his/her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all times.
3.2.8 Standard of Care; Performance of Emplovees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subconsultants shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subconsultants have all
licenses, permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, and that such licenses and approvals shall be maintained throughout the
term of this Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from the
City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any employee of
the Consultant or its sub -consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety
of persons or property, or any employee who fails or refuses to perform the Services in a
manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA requirements,
and shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If Consultant performs any work knowing it
to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees, agents, and volunteers free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that it has secured all insurance required under this
section. In addition, Consultant shall not allow any subconsultant to commence work on any
subcontract until it has provided evidence satisfactory to the City that the subconsultant has
secured all insurance required under this section.
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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
satisfactory to City. City may at its discretion adjust insurance requirements.
General Liabilitv 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, including without limitation, blanket contractual liability. Defense
costs shall be paid in addition to the limits. The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to the
Agreement.
Automobile Liabilitv 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.
Professional Liabilitv (Errors & Omissions) Insurance: Consultant shall maintain
professional liability insurance that covers the Services to be performed in connection with this
Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the effective date of this
agreement and Consultant agrees to maintain continuous coverage through a period no less
than three years after completion of the services required by this agreement. Covered
professional services shall specifically include all work to be performed under the Agreement
and delete any exclusions that may potentially affect the work to be performed (for example,
any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks,
laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the
retroactive date shall precede the effective date of the initial Agreement and continuous
coverage will be maintained or an extended reporting period will be exercised for a period of at
least three (3) years from termination or expiration of this Agreement.
Workers' 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.
Other provisions or requirements
Insurance for Subconsultants: All Subconsultants shall be included as additional insureds
under the Consultant's policies, or the Consultant shall be responsible for causing
Subconsultants to purchase the appropriate insurance in compliance with the terms of these
Insurance Requirements, including adding the City as an Additional Insured to the
Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required
under Insurance Section of this Agreement.
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
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workers' compensation. Insurance certificates and endorsement must be approved by City's
Risk Manager prior to commencement of performance. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf. 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.
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 agents,
representatives, employees or subconsultants.
Citv's Riahts 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.
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 VI (or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
Waiver of Subroaation: 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, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (Non Estoopell: 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 imposes no additional obligations on the City nor does it waive any rights
hereunder.
Primary and Non -Contributing 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.
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.
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
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for which a ten (10) day notice is required) or nonrenewal of coverage for each required
coverage.
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.
Citv'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.
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.
Timelv 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.
Safetv: 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. Safety precautions, where
applicable, shall include, but shall not be limited to; (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of
all safety measures.
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.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement. The total
compensation shall equal Forty One Thousand Dollars ($41,000) Extra Work may be
authorized, as mutually agreed upon, and if authorized, will be compensated at a mutually
agreed upon rate.
3.3.2 Pavment of Compensation. The first Ten Thousand Dollar ($10,000)
payment shall be due by October 7, 2016. The second Twenty One Thousand Dollar
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($21,000) payment shall be due by January 6, 2017. The final Ten Thousand Dollar ($10,000)
payment shall be due on February 10, 2017.City shall, within 30 days of receiving such invoice,
review the invoice and pay all non -disputed and approved charges thereon. If the City
disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty
(30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the Parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
authorization from the City, as applicable, per the Palm Desert Municipal Code.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable, Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to this Agreement. Consultant shall allow inspection of
all work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause
by giving written notice to Consultant of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Consultant shall be compensated only for those services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.5.1.4 Force Maieure. The City may cancel the Event if performance of
the Project is rendered infeasible by the occurrence of Force Majeure. For purposes of this
Agreement, Force Majeure shall mean a cause or event that is beyond the reasonable control
of the City, including, but not limited to, acts of God, fires, floods, rain, heavy winds,
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earthquake, explosions, riots, wars, sabotage terrorism, vandalism, accident, restraint of
government, governmental acts, injunctions, destruction of the premises, and other like events.
In the event of a Force Majeure cancellation, the City shall provide Consultant with as much
advance notice as is practicable. Consultant shall include in all contracts with subcontractors a
provision allowing for cancellation in the event of Force Majeure.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant: FG Creative, Inc.
74020 Alessandro, Suite E
Palm Desert, CA 92260
ATTN: Stephanie Greene, CEO
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Deborah S. Glickman
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.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in
plans, specifications, studies, ° drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings and data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require all subconsultants to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents & Data the subconsultant prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal right
to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were prepared by design professionals other
than Consultant or provided to Consultant by the City. City shall not be limited in any way in its
use of the Documents & Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentialitv. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is
generally known, or has become known, to the related industry shall be deemed confidential.
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Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.5.5 Attornev's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold the City, its directors, officials, officers,
employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity,
to property or persons, including wrongful death, in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its
officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant's Services, the Project or this Agreement, including without
limitation the payment of all consequential damages, expert witness fees and attorneys fees
and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.5.6.2 Additional Indemnity Obligations. To the fullest extent permitted
by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost,
expense and risk, any and all claims, suits, actions or other proceedings of every kind covered
by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials,
officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, volunteers and agents as part of any such claim, suit, action or other proceeding.
Consultant shall also reimburse City for the cost of any settlement paid by City or its directors,
officials, officers, employees, agents or volunteers as part of any such claim, suit, action or
other proceeding. Such reimbursement shall include payment for City's attorney's fees and
costs, including expert witness fees. Consultant shall reimburse City and its directors, officials,
officers, employees, agents, and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governina Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
9 Update 04/08/2014
72500.00001\29224824.1
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 Citv's Rioht to Emglov Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assions. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; Referencres; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment,
or describe the scope, content, or intent of this Agreement.'
3.5.14 Amendment. Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third -Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 invalidity; Severabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the
term of his or her service with City, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom.
10 Update 04/08l2014
72500.00001\29224824.1
3.5.19 Eoual ODDodunity EmDlovment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subconsultant, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation, or to undertake self-
insurance in accordance with the provisions of that Code and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authoritv to Enter Aoreeme9j, Consultant , has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Recuired. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement_
CITY OF PALM DESERT
An
Robert A. Speigel,
Mayor
ATTEST:
Rachelle D. Klassen
City Clerk
APPROVED AS TO FORM:
0
Best Best & Krieger LLP
City Attorney
FG Creative, Inc.
Stephanie Greene,
Chief Executive Officer
11 Update 04/08/2014
72500.00001 \29224824.1
EXHIBIT "A"
SCOPE OF SERVICES
Swing `N Hops Street Party is part of the City of Palm Desert's monthly First Weekend
event schedule. First Weekend is an economic development tool for the City of Palm Desert
intended to attract visitors and locals to Palm Desert for event based programing that
occurs on the first weekend of the month November— May annually. First Weekend is a
celebration of arts and culture in Palm Desert and has that includes monthly large scale
events and festivals along with other smaller events intended to bring members of the
Coachella Valley and southern California region to Palm Desert. Included in First Weekend
are festivals/street fairs, art walks and receptions, interactive arts/hands on projects, art
tours, classic cars/cruising, dance, theater, film, music, culinary programming, and featured
events.
The Swing `N Hops Street Party will be held on Saturday, February 4, 2017 on the street on
El Paseo between Larkspur Lane and San Pablo Avenue. The event is intended to a swing
dance band, a classic car show provided by El Paseo Cruise night, interactive art stations,
two beer gardens, food vendors, retail vendors, a photo booth, dance instruction, and is
anticipated to be attended by 2,000 or more people.
Responsibilities of City:
The City of Palm Desert shall have final review and approval on all Event budgets, artists,
vendors, sponsorships, and advertising, and shall supply and pay or provide for the
following for Event.
• Special event insurance;
• Police services;
• Fire services;
• Waiving of any City based fees;
• Traffic control plan;
• Trash and recycling receptacles;
• Event logo;
• Restrooms, if not secured otherwise;
Responsibilities of Contractor:
Contractor will plan and execute said event coordination and hiring of vendors and covering
all costs for the coordination and hiring of the following activities
• Event layout
• All permits including, but not limited, to those with the Riverside County Health
Department, Alcohol and Beverage Commission, and City of Palm Desert
• Street closures
• Musician(s) and all other vendors including, but not limited to, food, dance
instruction, retail, art;
• Work with El Paseo merchants, and other vendors if necessary, to create an area for
food booths and retail vendors;
• All event rentals;
• Stage set-up and equipment for music and dance components;
• Stage management;
72500. 00001 \29224824.1
DRAFT 9/13/16
Sponsorships;
Social media (work with existing Facebook page);
Dance component to include instruction, contest and outreach to regional dance
groups;
• Limited decor to match the theme;
• Seating and tables as needed for beer gardens and dance area;
• Two (2) beer gardens and wine/cocktail trailers; to be completely fenced and
monitored (Vendors will be selling alcohol);
• Classic Car Show to include cars that represent the time period;
• Art component;
• Restrooms;
• Set up and clean-up of trash and recycling receptacles;
• Staffing for all coordination and management;
• Graphic design services for ads, rack cards, and other branding/advertising items as
necessary.
72500.00001\29224824.1
DRAFT 9/13116
EXHIBIT "B"
SCHEDULE OF SERVICES
All services must be complete on day of event, Saturday, February 4, 2017.
72500.00001 \29224824.1
DRAFT 9/13/16
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PROFESSIONAL EVENT PLANNING &
MARKETING/PR SERVICES
Submitted by: FG Creative, Inc.
September 9, 2016
All Rights Reserved 2016 * Private & Confidential * Proprietary Information
Contents Remain Property of FG Creative until Assigned * Fees Valid for 30 Days
74020 Alessandro, Suite E • Palm Desert, CA 92260 • 760.773.1707 • www.FGCreative.com
CREATIVE 0
Experts in Marketing
1. Transmittal Letter
To Whom It May Concern: September 9, 2016
FG Creative, Inc., a 100% woman -owned California Corporation, is pleased to
submit our qualifications to completely manage and coordinate the second Swing
'N Hops Street Party on February 4, 2017.
FGC is the firm that was an integral part of the team that developed this concept
and provided these services for the inaugural event in 2016, including the brand/
logo design and creation of all marketing materials and the garnering of a media
plan that included radio, outdoor and other efforts at no cost. As proven, our team
is uniquely qualified to provide the expanded scope of work inclusive of more
activities, increased music, art and vendor participation and overall event
management.
FG Creative has enjoyed a long and successful history with the City of Palm Desert,
as the agency of record for El Paseo BID since 2002, Palm Desert First Weekend
since 2014, Palm Desert Aquatic Center since 2014, and numerous other projects
since our inception in 2002.
As the sole owner and CEO of FG Creative, I, Stephanie D. Greene would be the
direct contact and the individual who will negotiate with the City and oversee the
team of FGC staff members and contractors, and am authorized to bind FGC to
all agreed upon contractual requirements.
FG Creative also confirms that we meet all City insurance requirements and have
current certificates on file for our other efforts, that can be updated and amended
to include an needed additionally insured entities as they relate to the proposed
event. Since we secured the appropriate insurance for the inaugural Swing 'N
Hops event, as well as for all other projects, we believe that these efforts are in
formats acceptable to the City.
It is with great pleasure that we submit our qualifications to once again work with
City Staff to develop and execute a truly memorable and successful event for
Palm Desert.
Sincerely,
Stephanie D. Greene, CEO
CREATIVE
Experts in Marketing
1 2. Experience of Firm
1 a. Similar Project 1: Swing `N Hops 2016
G
' b. References: City Staff/Deborah Glickman
C. Our Scope of Services: Complete management of the event in conjunction
with City Staff and First Weekend committee. FGC was integral in developing
' the concept, the budget allocations, the branding and graphic design, and
coordinating all aspects and all team members. The event went off very
smoothly, there were no issues or problems. The event was very well received
' and attended.
d. Total Budget: $30,000
e. Key Personnel:
' a. Stephanie Greene: Assisted in developing the concept. Overall project
management working with all team members and monitoring progress,
costs, budget, timeline and day -off senior management oversight.
' h Kimberly Waroinski: Project Manager overseeing coordination of securing
rental bids, client meetings, site layout, other team members and day -of
set-up/take-down and event management.
Audrev Reed: Consultant hired to oversee the live entertainment aspects
including choosing all stage and electronic rentals, stage layout, sound
board during the event and band management.
' d. Joni Wriqht & Tricia Witkower: Assisting with all event details under the
guidance of the Project Manager, Kim. Also responsible for choosing and
securing the food and retail booth vendors.
Chris Clemens: Public relations strategies, development of press releases,
and coordination of all interviews, media coverage and day -off
management of local media.
' Lisa Morgan: Internal trafficking of all jobs and day -of co -management of
the entertainment stage, the band & performers, emcee duties and overall
coordination of the stage area.
' 9 Cindv Czarnowski: Coordination of all purchasing, payments, outreach to
El Paseo Merchants, internal communications and coordination of vendor
booth participants.
Jeff Dav: development of the branding including the iconic logo, all
' graphic design of rack cards, social media graphics, posters and all
graphic design services.
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CREATIVE
0
Experts in Marketing
Social Media Stats
Jon 4 — Feb 8, 2016
• 126,000 unique impressions
• 500 new FIB fans
• 1500+ post likes
• 3500 incoming messages
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Experts in Marketing
2. Experience of Firm (con't)
Similar Projects: over the last 15 years, FGC has been involved with a
variety of large-scale events, including two AHA Heart Balls, Women Leaders
Forum "Giriz Night Out," annual merchant events for El Paseo BID, Fashion
Group International Annual Gala Luncheon and many others.
• Stephanie Greene has over 15 years of experience developing
large-scale events from 1986-2002 for shopping centers in the
Southern California market. From "Project Earth" at Westminster Mall,
consisting of over 100 animals living on exhibit in the mall for a month,
to Fashion Shows encompassing top national brands, professional
models and haute couture. Budgets ranged from $50,000 to over
$400,000. Stephanie also served on the initial committee for The Art of
Food & Wine in 2003, and the first year of Fashion Week El Paseo.
• Tricia Witkower: Tricia has 12 years of event planning and
management experience, and served as the Auction Chair and
member of the Steering Committee for the Annual Gala at her last
place of employment, La Jolla Country Day School. This event
held close to 1,000 people and raised $500,000 for the school.
Managed every aspect from logistics, catering and contracts, travel
itineraries, auctions, keynote speakers, entertainment, ticket sales,
and so on. Managed and planned events ranging from high level
executive seminars, to company annual meetings, galas and
international marketing seminars. Total budget: range from $5,000 -
$100,000
• Lisa Morgan: Lisa has over 15 years managing a variety of events
that involve live music and bands, ranging from booking talent to
overseeing all aspects of large-scale music events in the Coachella
Valley. She works with several local non -profits and has been
responsible for major fundraising efforts.
Our Scope of Services: From development of event themes, to creation of
logos and all graphic design, planning entertainment, overseeing event rentals, set
up, Public Relations and social media, FGC has earned and maintained a stellar
reputation for being an integral part of event teams.
Total Budget: Budges have ranged from $,5000 to well over $300,000. Funds
raised averaged $60,000 - $100,000.
Key Personnel: Key personnel with FGC over the last 15 years include Cindy
Czarnowski, Jeff Day and leadership and planning by Stephanie Greene.
P
1
1
I
CREATIVE
Experts in Marketing
3. Project Approach
a. Our Approach: FGC will approach this project in the manner we address all efforts
for our clients; with enthusiasm, dedication, organization and the desire to oversee
every detail in conjunction with the stellar City staff and First Weekend committee. We
would have a budget in place immediately, and would spearhead a team meeting to
determine new ideas and logistics to build upon the success of year 1. A proposed
budget in included!
b. Organization: FGC would develop the team, led by Stephanie Greene and Tricia
Witkower. Using our cloud -based project management platform, Trello, we would set
up all areas of responsibility, assign tasks, meet with vendors, begin to solicit bids and
develop the overall scope of the event within 2-3 weeks. FGC is well known for
leveraging budgets to achieve high levels of involvement by vendors and partners for
the lowest budgets.
Event Management: FGC will create the event team with in-house staff,
consultants as noted, and City Staff as determined in initial planning meetings. The
team will be managed via constant communication, regular updates and progress
reports.
d. Innovation and Unique Qualities:
• The proven success of securing sponsorships with local media partners.
• The experience to work with vendors to achieve the best prices with
the best level of execution.
• The ability to harness the talent of leaders such as Audrey Reed and
Diana Marlo to assist and be integral members of the team.
• FGC's long-standing relationship with City of Palm Desert and stellar
history of providing top-notch service for a variety of tasks.
• FGC's 15-year history working with the merchants on El Paseo.
• FGC's 15-year history of working with clients of all sizes here in the
Coachella Valley.
• FGC's team, comprised of professionals from a variety of large metro
markets, and backgrounds in working with national clients.
• FGC's renowned success with social media and integrated publicity efforts.
e Anticipated Hours/Availability: FGC anticipates spending 207. of the hours in the
start-up phase for team meetings and strategy sessions, as well as negotiating for
rentals and other contracted elements. Approximately 20% will be used to update
graphics, negotiate media partners, solicit booth vendors and develop the PR and
social media strategies. 30%will be allocated to coordination and oversight
throughout the timeline, and the final 30% will be devoted to the last 3 weeks and the
day of the event.
0 CREATIVE
0 \ - Experts in Marketing
4. Qualifications
Project Managers
• Stephanie Greene: Stephanie Greene is the CEO of FG Creative, a local marketing/
advertising/PR/Online agency that has been working with Valley businesses and non-
profits for over 15 years. She began her career in advertising in the LA area as a Media
Buyer and New Business Development manager, specializing in residential real estate and
shopping centers. She moved into managing the marketing efforts of shopping centers as
a Certified Marketing Director, for centers such as Fashion Island, Westminster Mall and
Tustin MorketPlace. After that, she headed up marketing efforts at Spotlight 29 Casino, on
the team that took the small local casino through the expansion, and into a new era as
Trump 29 Casino, working with The Donald himself. She founded FG Creative in 2002, and
heads up a team of unique specialists and professionals working with local and regional
clients such as El Paseo, Desert Regional Medical Center, City of Palm Desert and many
more. She has been navigating the media scene locally, regionally and now globally for
over 30 years and enjoys being a speaker on this topic for many organizations. She is a
graduate of Leadership Coachella Valley 2007.
• Tricio Witkowen Oversaw the vendor booths and secured sponsorships for the 2016
Swing 'N Hops event and is stepping up to Project Manager for this year. Prior to working
with FGC, worked with La Jolla Country Day School in event management, at UCSD and
at Illumina Medical Devices.
b. What Sets FGC Apart:
• Our success in being the lead event managers of Swing 'N Hops 2016, from
concept through execution.
• Coordinate all aspects of the marketing for El Paseo.
• Increased the budget by securing booth vendors and coordinated Car show.
• Generated Event Sponsors with media partners.
• Leveraged media buy at no charge & offset rental costs with paid booths
• Generated tremendous PR Media coverage
• Our 15-year history in the Coachella Valley, working with a variety of
organizations, businesses and entities. Our connections run deep.
Special Resources -- Top Notch Consultants
Dinner Marla: Former Marketing Director at Desert European Motorcars for ten years.
Director of Mario Productions producing quality community events including ten
years of the Desert Woman's Show and numerous local charity events. Diana brings
experience in negotiating event rentals, working with vendors and setting up booth
areas, as well as drawing her large circle of attendees to all events she produces.
Audrey Rom: Local resident and Production Manager for annual international
events for the digital giants such as Apple, Microsoft and many others. These events
involve multi -layers of event production including booking talent, securing all rentals,
and oversee every aspect of events with thousands of participants. Producer of
many charitable local productions including Desert Bachelor Auction, Desert
Woman's Show, PSHealthFest, Broken Glass Awards to name a few.
CREATIVE
Experts in Marketing
5. Addendum
FG Ceat�Pe,lieR
PROPOSED BUDGET
Client:
City of Palm Desert
Event:
First Weekend Featured Event: Swing n' Hops
Event Date:
February 4, 2017
Item
Description
2016 COST
2017 COSTI
FGC Agency Fee
Event Planning, PR, media planning, social media, booths
$
7,500.00
$ 8,200.001
Event Insurance
City to advise
City
City
Event Layout
In compliance with city requirements for fire/emergency
Branded Marketing Materials
Includes graphic design
$
500.00
S 500.001
Rack Cord
$-
$ 1,000.001
Paster
$-
$ 200.001
Facebook Graphics
Graphics
Graphics
Facebook Event Page
Agency Fee
Agency Fee
Banners
$
100.00
$ 100.001
A -Frame Restroom Signs
$
300.00
$ 300.001
Event Decor
$
300.00
$ 300.001
E-Blasts
Press Releases/PR Coard
I
Calendar Listings
$-
$ - I
(Additional Media Buy
$-
$ 2,700.00
Media Sponsors
Developed by FGC
Facebook Ads
Target market lead to Facebook Event Page, boost so cal and Temecula
$
500.00
$ 500.00 I
Radio
Two stations + sponsorships
Des Sun Online
Homepage Pushdown + ROS
$
S I
(General Security
Police/City
City
City I
(Permits/Street Closures/Fire
City
City
City I
(Rentals/Equipment
Tents, fencing, highboys, tables, chairs, etc
$
13,000.00
$ 18,000.00
(Food Vendors
Restaurant participation/$250 per booth
$
-1,000.00
$-2,500,00 I
(Retail Vendors
$250 per booth
$
-1,500.00
$-2,500,00 1
IBeer Gardens (2)
Breweries
Coachella Valley Brewing via Liquid Catering
Rentals
Fencing, tables, umbrellas, chairs (in general rental costs)
signature
signature I
Security
Liquid Catering (2 opening+ security at each)
$-
$ - I
Wristbands
Liquid Catering
$-
$
ABC License
Liquid Catering
$-
$ -
(Entertainment
I
Stage
Needed for band and dance instruction
signature
signature I
Lighting &/orAV Equipment
$
4,800.00
$ 5,000.001
Band/Dance Group
Jennifer Keith Quintet; 3 sets of 45 mins
$
3,800.00
$ 4,000.001
Green Room+ Rider
Sponsored by The Gardens
$-
$ - I
ItemsforGreen Room
Deli tray, tea, mirror, keurig, etc....
$
200.00
S 200.001
Dance Instruction
Lupita Limon
$-
$ -
Photography
photobooth +event photography (El Paseo + City cover cost)
Restrooms
Sponsored by The Gardens
$-
$ -
Garbage Recptacles
City provides thru Burrtec
$-
$ -
Classic Cars
Jerry - EP Cruise Night will provide cars, no costs
$-
$ -
IArt Component
I Interactive Art Elements
For 2017, add new areas of interactive art and projects
$
1,500.00
$ 5,000.001
(Staffing
Staffing/If needed
$-
5 - I
ISubtotal:
$
30,000.00
$ 41,000.001
(TOTAL:
$
30,000.00
$ 41,000.001
Thank You!
o In closing... the entire FGC team and our partner consultants
are thrilled to be considered for this project with the City of
Palm Desert and First Weekend.
Based on our success in coordinating and managing the
inaugural Swing 'N Hops event, we already have
confirmation on several returning booth participants, Cruise
Night, and other key elements.
And we've already been researching a variety of new,
engaging interactive art concepts to add to the event, using
more of the space and creating a new excitement and vibe
to make Year 2 bigger and better!
We look forward to hearing from you very soon.
CREATIVE
Experts in Marketing