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HomeMy WebLinkAboutC34650A-Z - First WEEKend Palm Desert - Fiscal Year 2015 - 2016Contract Nos. C34650A C34658B-Z CITY OF PALM DESERT STAFF REPORT REQUEST: AUTHORIZATION FOR FUNDING OF EVENTS FOR FIRST WEEKEND 2015 — 2016 AND DIRECTION REGARDING FOOD TRUCKS SUBMITTED BY: Ruth Ann Moore, Economic Development Manager Donna Gomez, Tourism and Marketing Manager Deborah Schwartz Glickman, Management Analyst DATE: July 9, 2015 CONTENTS: Sponsorship Agreement for the Westfield Street Event El Paseo Street Closure Site Map Recommendation By Minute Motion: 1. Approve a sponsorship in the amount of $20,000 with Westfield Palm Desert for the November 7, 2015 for a First Weekend event entitled "Street" that will be located on the top floor of the western parking structure. Funds are available in Account No 1104417-4322200; 2. Approve a working budget of $30,000 and for staff to move forward to create a First Weekend event on February 6, 2016 entitled PD Mod along with the following: a. Authorize closing a portion of El Paseo on February 6, 2016 as shown in the site map for the event; b. Permit the consumption of alcoholic beverages on City -owned property; 3. Appropriate an additional $25,000 from the Unobligated General Fund for the PD Mod event to Account No. 1104417-4321900; 4. Authorize the City Manager to execute any agreements and authorize the City Attorney to make non -substantive changes to agreements; and 5. Provide direction to staff regarding food trucks at events on El Paseo and throughout the City. Contract Nos. C34650A Staff Report C3465os-z Authorization for Funding Events - First Weekend FY 2015-2016 July 9, 2015 Page 2 of 6 Background 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 on each first weekend from November through May serves as an umbrella for existing arts and cultural events throughout the City of Palm Desert. The successes seen to date are attributable to the City's public private partnerships that pair the City with many of its leading cultural entities including the Palm Springs Art Museum in Palm Desert, El Paseo Shopping District, The Gardens on El Paseo, the Living Desert, Westfield Palm Desert, The Art Place, the McCallum Theatre and both universities. First Weekend is expected to grow each year with the ultimate goal of creating a program that would appeal to a larger audience and put "heads in beds." In order to attract attendees from the drive market and create the need for hotel packages, staff is looking to implement a signature or featured event each weekend of the FY2015/16 season. Staff has had meetings with the various partners to determine how to grow, highlight and promote featured events. To date, several partners have either chosen to create an event or move an existing event to be included in First Weekend. A sampling of our participating partners and the featured events include: • November - Street at Westfield - A celebration of street art, street music, street food and street fashion on The Deck - one of the most unique settings in Palm Desert • December - The Art Place is developing a Sunday event featuring entertainment and local artists • January - TBD • February - PD Mod- a Vintage Street Festival developed by City staff and a sanctioned event of Modernism Week in possible cooperation with El Paseo BID and The Gardens • March - Earth Day at the Palm Springs Art Museum in Palm Desert • April - Brew at the Zoo by the Living Desert • May - TBD All signature events will be featured in the City's marketing and public relations efforts for First Weekend. Within the FY '15-16 General Fund Budget, City Council approved funding $25,000 for an opening November event and staff is recommending utilizing $20,000 of those funds for Westfield's Street event. In addition, staff has received direction from the City Manager to develop an event that would be located on El Paseo, between San Pablo Avenue and Larkspur Lane, the site of a new proposed outdoor event space (See Attached Site Plan). This would allow for the concept to be tested prior to construction and determine the location's effectiveness. It would also give the City Council and El Paseo businesses a preview of how future events might occur. Staff is recommending using the remaining $5,000 of event fund and the appropriation of an additional $25,000 for the PD Mod event. G \Econ Development\Ruth Ann Moore\STAFF REPORTS\Staff Report Street-PD MOD 7-9-15.doc Contract Nos. C34650A Staff Report C34650B-Z Authorization for Funding Events — First Weekend FY 2015-2016 July 9, 2015 Page 3 of 6 Finally, both of the above events plan to use local businesses to create "pop-up restaurants" to serve food and food trucks are proposed to be included as part of both events to supplement with beverages and desserts. Because there is an existing moratorium on general display of food trucks on public and private streets and parking lots, the City Manager is requesting further direction from the City Council concerning the moratorium as it relates to special events. Donna Gomez 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. Deborah Schwartz Glickman will be the point person for the City's coordination of PD Mod. Discussion The following are three subjects for review and approval. Westfield — Street Westfield Palm Desert is proposing an event concept that celebrates the urban culture of the street. The event is to be held on the top level of the parking structure located on the western side of the property adjacent to Macy's — that Westfield management has dubbed The Deck. The parking deck is 88,000 square feet and enjoys 360 degree views of the valley. Street will be an interactive party that will blend the worlds of street -inspired art, music, food, and fashion. Guests of the event will both enjoy and create art through interactive graffiti electronic boards. Artists will design art on -site that will later be displayed in the shopping center. Promenade style musicians and House DJ's will provide music and urban inspired fashions and jewelry will be on display and for sale. Mall restaurants will create pop-up cafes and dessert trucks will provide treats under the stars. Westfield is working with the JW Marriott to provide event related hotel packages for the entertainers' needs and to promote the event via social media. In order to reach those customers from the drive market, Westfield had committed social media resources, including FaceBook, Instagram, Twitter, art and style blogger, and email blasts from eight of its centers in Los Angeles and San Diego. There will be an entrance fee to the event. Collection of all fees will be taken by volunteers from the Palm Springs Art Museum and all monies will go to support education and community programs at the Museum's Palm Desert location. Westfield hopes to continue establishing a relationship with Palm Springs Art Museum for future art displays in the shopping center. Estimated costs for the event are $51,000. Staff is requesting approval for a $20,000 sponsorship. As the major sponsor for the event, Palm Desert will receive: G \Econ Oevelopment\Ruth Ann Moore\STAFF REPORTS\Staff Report Street-PD MOD 7-9-15 doc Contract Nos. C34650A Staff Report C3465OB-z Authorization for Funding Events - First Weekend FY 2015-2016 July 9, 2015 Page 4 of 6 • Palm Desert and First Weekend will be featured prominently in all advertising including all social media, website banners and e-blasts. • Palm Desert and First Weekend will be featured prominently in all in -mall display and on -site advertising. • Palm Desert and First Weekend will be featured in all photo and video opportunities including signage and step -and -repeat back drops. • Westfield will coordinate with the JW Marriott to be listed in all media as their hotel sponsor and create and promote weekend hotel packages for the kick-off November weekend. • Palm Desert will receive 20 tickets for social media promotions and distribution. • Palm Desert will receive access to all photography or video to be used to cross promote on the City's websites and social media efforts. The Street event meets the First Weekend funding goals for First Weekend signature events authorized by the City Council. Street brings an innovative and creative event to the City that attracts the followers of urban art and music in Southern California. Street also brings multiple partners together (Westfield, Palm Springs Art Museum in Palm Desert, JW Marriott, and possibly others) through participation and sponsorship of the event. Therefore, staff recommends approval of a $20,000 sponsorship for the Street event with Westfield Palm Desert. PD Mod PD Mod is being conceived as a First Weekend featured event to be held in February 2016. Preliminary features of PD Mod include a craft beer/cocktail garden, gourmet food, vintage car and fashion shows, hands-on art projects, a mid-century era swing dance party, and more. In addition to serving as a test of the proposed El Paseo event space, PD Mod is being designed to tap into the vast audience for Modernism Week to bring additional visitors to Palm Desert. The director of Modernism Week has tentatively agreed to designate PD Mod as a sanctioned Modernism Week event and would be promoted through that organization's media outlets. Such a partnership would market PD Mod to Modernism Week's significant following, including through its mailing list of tens of thousands of attendees, its use of social media outlets, its volunteers, and through promotion on its website. All of this would drive new patrons to El Paseo for PD Mod tentatively scheduled for Saturday, February 6, 2016 from noon - 4 p.m. Additionally, staff will work with El Paseo Cruise Night to curate a mid-century vintage car show. Attendees will be encouraged to dress in mid-century inspired clothing, and the stores on El Paseo will be invited to participate in a mid-century inspired fashion show. To complete the festive atmosphere, Coachella Valley Art Scene (CVAS) will be approached to G %Econ DeveiopmentlRuth Ann Moore%STAFF REPORTS1StaN Report Street -PO MOD 7-9-15 doc Contract Nos. C34650A Staff Report C3465os-z Authorization for Funding Events - First Weekend FY 2015-2016 July 9, 2015 Page 5 of 6 host a Modernism inspired hands-on art project. Working with CVAS will assist in bringing in a younger demographic, and help introduce them to First Weekend. A highlight of the event will be the dance party, complete with lessons and a dance contest. The City will work with a local or regional dance company to teach a swing class to interested attendees, who will then have an opportunity to swing dance to music from a live band. The participation of a local or regional dance studio, will bring access to its following and help locate additional swing dance groups in the region. These groups can also be reached via Meet-up.com, local bloggers, and social media outlets. The dance party will appeal to all ages, from those who enjoyed swing in its heyday, to the Modernism crowd, to the younger "hipsters" who have brought the swing dance and fashion back into style. Working with the numerous proposed partners will help to create a fun, festive, and retro atmosphere at PD Mod, as well as supply the event with diverse outreach opportunities through each organization's marketing program. The estimated event budget is approximately $30,000, exclusive of street closure costs. This budget requires that staff request an additional $25,000 from City Council for the 2015/2016 First Weekend budget. Hotel and Signature Events Committee: The sponsorship request for Street and event concept for PD Mod will be presented to the Hotel and Signature Events Committee on July 6, 2015. A verbal update will be provided to the City Council as to their recommendation. Direction on Food Truck Moratorium On April 10, 2014, the City Council approved Urgency Ordinance No. 1269 making findings and establishing a moratorium on the operation of food vending trucks within the public right-of-way by amending Palm Desert Municipal Code Section5.97.100 (A) to prohibit such operation. While this does not pertain to the events listed above which will fall under a Temporary Use Permit (TUP), it is the first time food trucks would appear on private and public land in the City since the moratorium. In addition, a TUP is reviewed and approved at the staff level and does not require Council authorization should food trucks be included in an event. Therefore, the City Manager is requesting direction on future use of food trucks and whether Council wishes to revisit the moratorium or continue the review and approval of food trucks through the TUP process. Fiscal Analysis -unding in the amount of $25,000 is available in Account No. 1104417-4321900 to fund the 20,000 sponsorship of Street. The fiscal impact to the City's General Fund is an additional 25,000 to fund PD Mod. on DevetopmenARuth Ann Moore%STAFF REPORTS%Staff Report Street -PO MOD 7-9-15.doc Contract Nos. C34650A Staff Report C34650B-Z Authorization for Funding Events — First Weekend FY 2015-2016 July 9, 2015 Page 6 of 6 Staff recommends participation in the events as they should draw visitors from the west coast and bring significant exposure to Palm Desert. First Weekend will be starting its third year and has gained much success in collaboration with local community partners. In order for First Weekend to grow, staff recommends seeding these featured events to attract visitors from outside of the Coachella Valley to shop, dine and stay in Palm Desert. Submitted By: 4RA n Moore Economic Development Manager Deborah Schwartz Glickman Management Analyst Reviewed by: Rudy Acosta Assistant City Manager Approval: i M. Wohlmuth Manager Donna Gomez Tourism and Marketing Man r ') "5r, o , Martin Alvarez Director of Economic Development G-\Econ Development\Ruth Ann Moore\STAFF REPORTS\Staff Report Street-PD MOD 7-9-15.doc CONTRACT NO. C34650A SPONSORSHIP AGREEMENT This Sponsorship Agreement ("Agreement") is entered into this 9th day of July, 2015, 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 9, 2015 and continue until November 8, 2015 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 7, 2015 event promote the "Street" event in all advertising and public relations efforts. In all other advertising and public relations throughout the 2015-2016 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. CONTRACT NO. C34650A 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 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. The City will receive twenty (20) tickets for social media promotions and distribution. 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, 2015. The second $10,000 payment shall be due no later than October 15, 2015. 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 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. CONTRACT NO. C34650A 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 Liability Insurance: Contractor 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 $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. 5.2Automobile Liability 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 5.3Workers' 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. 5A Umbrella or Excess Liability 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; CONTRACT NO. C34650A • 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. 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 Coverage: 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. 6AAcceptable 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. 6.5Waiver 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 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. 6.6Primary 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. CONTRACT NO. C34650A 6.7Additional 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. 6.8Additional 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 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. 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. CONTRACT NO. C34650A 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. 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. 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 counterpartto 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 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. 15. 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. 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. CONTRACT NO. C34650A 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. CONTRACT NO. C34650A 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 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 John M. Wohlmuth, City Manager ATTEST: Rachelle D. Klassen, City Clerk WESTFIELD PALM DESERT Diana Grasso Approved As To Form: David Erwin, City Attorney G \Econ Development\Ruth Ann Moore\SPONSORSHIP AGREEMENT Westfield.doc �� r 3L r � 3 Aw ,. `r," 4 _ FIRST WEEKEND EVENT STREET CLOSURE Date: 2015 VICINITY MAP ,. `r," 4 _ FIRST WEEKEND EVENT STREET CLOSURE Date: 2015 VICINITY MAP