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HomeMy WebLinkAboutC35710A - 2016 Holiday Celebration-Gardens on El Paseo-Scot BruceCONTRACT NO. C35710A & B CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT �D REQUEST: APPROVE 2016 HOLIDAY CELEBRATION AT THE GARDENS ON EL PASEO SUBMITTED BY: Amy Lawrence, Management Analyst DATE: September 22, 2016 CONTENT: Contract No. C35710A & B Draft Promotional Agreement Recommendation By Minute Motion, 1. Approve 2016 Holiday Celebration at The Gardens on El Paseo on Friday, December 2, 2016; 2. Approve Contract No. C35710A with Scot Bruce in the amount of $1,550.00 for live entertainment during the event; 3. Authorize Mayor to execute subject contract; 4. Authorize City Manager to sign Promotional Agreement with The Gardens on El Paseo; and CONTRACT NO. C35710B 5. Authorize expenditures in an amount not to exceed $9,500.00 payable to various vendors from Account No. 1104416-4306101 (City -Produced Events) Strategic Plan Oblective Approval of the 2016 Holiday Celebration at The Gardens on El Paseo would help address the following Economic Development and Tourism and Marketing priorities as specified in the Envision Palm Desert strategic plan: - Economic Development - Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. - Tourism and Marketing - Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year round destination. Executive Summary For the past several years, the City has held its annual holiday celebration in the courtyard in front of the Council Chamber at City Hall, The event has consisted of carolers, catered food and drinks, a visit from Santa Claus, and children's activities. In an effort to enhance the annual experience and incorporate it into the City's First Weekend programming, staff is proposing to move the event to The Gardens on El Paseo and add live entertainment. During the FY 2016/17 budget review, City Council approved $5,500 for the 2016 event. However, due to the location change and addition of live entertainment, staff is requesting an additional $4,000 be added to the event budget which is available in the City -Produced Special Events account based on savings from the City's 2016 Independence Day Celebration. STAFF REPORT 2016 HOLIDAY CELEBRATION AT THE GARDENS ON EL PASEO SEPTEMBER 22, 2016 PAGE 2 Discussion If approved, the event will be marketed as a First Weekend featured event and held on Friday, December 2, 2016, from 5:30 p.m. to 7:30 p.m., in the center court of The Gardens on El Paseo. El Paseo Cruise Night also takes place that Friday evening and to tie the festivities in with that popular event, staff is recommending a live, one -hour, holiday-themed Elvis Presley tribute concert by "Scot Bruce — A Rockin' Tribute to the King." Prior to the concert, a tree lighting ceremony will take place. Strolling carolers will also be performing throughout the event area and the mail. In addition, young attendees will find fun things to do in a children's activity area operated by the Palm Desert Youth Committee and Santa Claus will be posing with children for photos. Hot chocolate, cider, and light desserts will be provided in hopes that attendees will enjoy dinner at area restaurants before or after the event. The Gardens sees the benefits of hosting the event and has agreed to partner with the City by providing the venue at no charge, along with seating for up to 300 people, and a Santa Claus to pose with children for photos. (Promotional Agreement for use of the venue is currently under legal review by both parties,) Some of the new expenditures for this event include live entertainment with Scot Bruce in the amount of $1,550.00, audio/visual services with SIR Palm Springs (under City Contract No. C35360) in the amount of $1,300.00, and special event insurance and a photographer for souvenir photos with Santa both at costs to be determined. Other anticipated costs for the event include catering, carolers, and party rentals all at costs to be determined. As for vendor selection and contracting, staff will remain in compliance with all City purchasing policies. Fiscal Analvsis For FY 2016/17, City Council approved $5,500 for the City's annual holiday event. Based on the recommended changes to this year's event, staff is requesting an additional $4,000 to help cover the increased costs. Due to savings from the 2016 City's Independence Day Celebration, these funds are available in Account No. 1104416-4306101 (City -Produced Events). Submitted By: y La ce && Manage nt AnaWlyst FrNQkie Riddle Director of Special Programs Approved: McCarthy City Manager Reviewed: Jan Moore erector of Finance udy A sta Assistant City Manager CONTRACT NO. C35710A PERFORMING ARTS AGREEMENT This Agreement is entered into this 22"d day of September. 2016, by and between the CITY OF PALM DESERT, a California municipal corporation, hereinafter referred to as "CITY," and Scot Bruce. a resident of Palm Sarinas, hereinafter referred to as "ARTIST", which includes any person(s) necessary to perform the services outlined in this Agreement. RECITALS: 1. The CITY desires to engage the ARTIST to render a live performance at the location set forth in Exhibit A attached hereto and incorporated herein by this reference (hereinafter "PERFORMANCE"). 2. The CITY desires the ARTIST to render PERFORMANCE on the dates and times described in Exhibit B attached hereto and incorporated herein by this reference. 3. The ARTIST is willing and able to render the PERFORMANCE on the desired dates and times in exchange for compensation by the CITY in the amount and on the payment schedule set forth in Exhibit C attached hereto and incorporated herein by this reference. TERMS AND CONDITIONS: In consideration of the foregoing recitals, the parties hereto agree as follows: 1. Performance The ARTIST agrees to render the PERFORMANCE to the best of its abilities on the dates and times prescribed by Exhibit B attached hereto. The ARTIST shall not perform under the influence of alcohol or any unlawful narcotic, nor shall the ARTIST engage in behavior during the PERFORMANCE that would be considered racist, 1 CONTRACT NO. C35710A sexist, obscene, or otherwise offensive by reasonable audience members attending the PERFORMANCE. ARTIST, s failure to perform in accordance with this Section shall be deemed material breach of this Agreement. 2. Liahtina. Sound Amplification and Other Equipment The CITY will provide lighting, sound amplification, and other technical equipment related to sound and lighting for the PERFORMANCE as described in Exhibit D, attached hereto and incorporated herein by the reference. ARTIST shall be responsible for safely providing, erecting, operating, and dismantling, at its own expense, all instruments and additional equipment not described in Exhibit D that is necessary to properly effectuate the PERFORMANCE. 3. Technical Personnel and Set -Up In addition to any artistic personnel necessary to the PERFORMANCE, the ARTIST shall provide, at its own expense, all backstage and technical personnel necessary to effectuate the PERFORMANCE, including but not limited to stage hands and such personnel as may be necessary to set up and test any equipment that will be used during the PERFORMANCE. ARTIST s personnel shall use their best efforts to ensure that any such advance set-up and testing is safely completed at least one hour prior to the scheduled PERFORMANCE time. 4. Make -Up and Costumes The ARTIST shall be responsible for providing, at its own expense, any costumes and make-up necessary to the PERFORMANCE. 5. Dressinq and Storaqe Rooms The ARTIST understands and acknowledges that no private dressing rooms or other storage rooms will be available or provided by the CITY in connection with the 2 CONTRACT NO. C35710A PERFORMANCE (unless described in Exhibit B attached hereto). However, the CITY shall provide ARTIST with non-exclusive access to a public rest room at or in the vicinity of the location of the PERFORMANCE. 6. Compensation In exchange for the ARTIST, s PERFORMANCE in accordance with this Agreement, the CITY agrees to compensate the ARTIST in the manner described in Exhibit C attached hereto. Any and all booking fees charged by an outside booking agency are to be paid for by the ARTIST. 7. Business License The ARTIST shall obtain a City of Palm Desert Daily Business License for the fee of $26.00, no later than 30 days prior to PERFORMANCE. 8. Promotion The CITY is authorized to engage in any and all reasonable activities related to promotion of the PERFORMANCE without payment of additional fee, royalty or commission to ARTIST. Said promotional activities may include, but are not limited to, use of newspaper, radio and television advertisements featuring the ARTIST, s photograph or likeness and brief examples of the ARTIST, s work taken from video or audio recordings. CITY shall refer all inquiries regarding personal appearances and interviews of the ARTIST to the ARTIST, s appointed agent. 9. Illness, Iniury or Death of ARTIST In the event the ARTIST's PERFORMANCE is rendered impractical or infeasible due to serious injury, illness or death of the ARTIST, actual threats of imminent bodily harm to ARTIST if PERFORMANCE is rendered, or unexpected family emergency, then the ARTIST may cancel the PERFORMANCE without CONTRACT NO. C35710A breaching this Agreement. However, no compensation shall be owing to the ARTIST. The ARTIST shall make every effort to notify the CITY by telephone, facsimile, or telegram of such pending cancellation as soon as reasonably possible. An injury or illness shall be considered serious if, in the opinion of a qualified physician, the condition is immobilizing or in any way poses a significant threat to the life and health of the ARTIST. A family emergency shall consist of a sudden and unexpected hospitalization or death of any immediate family member or any unanticipated occurrence beyond the ARTIST' s control threatening the health or life of an immediate family member that requires the ARTIST' s personal presence on the date and time of the PERFORMANCE. 10. Assignment by ARTIST The parties hereto stipulate that the ARTIST, s services are personal in nature and/or unique, thus the ARTIST may not assign or substitute its PERFORMANCE of this Agreement with any other artist or party absent the CITY' s express consent in writing. The CITY shall be under no obligation to consent to any proposed assignment or other substitution by the ARTIST. However if the CITY does consent, then the ARTIST's failure to personally perform the services required by the Agreement shall not constitute a breach thereof. 11. Independent Contractor All of the services required hereunder shall be performed by ARTIST personally and/or by ARTIST' s agent and employees, who shall remain at all times under ARTIST, s direct control and supervision. It is the parties intent that the ARTIST shall remain at all times an independent contractor of the CITY and not its employee or agent. 4 CONTRACT NO. C35710A 12. Termination The CITY reserves the right to terminate this Agreement for any reason, provided it gives ARTIST at least fourteen (14) days written notice of such termination prior to the scheduled date of the PERFORMANCE. Said notices shall be deemed to be given as of the date it is postmarked. The CITY shall also use its best efforts to notify the ARTIST by telephone of any pending termination as soon as reasonably possible. In the event of termination pursuant to this Section, the CITY shall not be in breach and no compensation shall be owing to the ARTIST. 13. Leaal Compliance The ARTIST and its agents, officers, and employees shall comply with all federal, state, and local laws and regulations applicable to the services being provided pursuant to this Agreement, including, but not limited to, any requirements under the American Society of Composers, Authors, and Publishers or under any other copyright law and/or licensing agreements. 14. Indemnification and Hold Harmless The ARTIST shall indemnify and hold the CITY, its officers and employees, free and harmless from any liability, loss, cost or expense resulting from any injury or damage to any person caused by ARTIST, its agents or employees, while engaged in the PERFORMANCE of this Agreement as described in Exhibit B. Prior to the PERFORMANCE, each performer and/or crew member associated with the PERFORMANCE must sign the City of Palm Desert Artist Waiver, Release, Hold Harmless, & Agreement Not to Sue, as described in Exhibit E attached hereto and incorporated herein by this reference. 15. Insurance 5 CONTRACT NO. C35710A The ARTIST fully assumes all of the following risks: A. Injury to itself and to its agents or employees arising out of their performance of this Agreement. B. Damage to or theft of any personal property or equipment owned by or under the control of ARTIST, its agents, volunteers and employees. 16. Liauidated Damaaes The parties hereto state that it would be difficult, if not impossible, to calculate with precision the amount of damages that the CITY would suffer in the event the ARTIST were to breach this Agreement by nonperformance or late performance. Thus, the parties hereto stipulate that in the event the ARTIST is not ready, willing and able to perform on the date and time specified by Exhibit B, and the PERFORMANCE has not otherwise been canceled pursuant to this Agreement, then the CITY's damages shall be fixed as follows: A. Late Performance: The CITY's estimated damages for late performance shall be $300 for every 15 minute delay in commencement of the PERFORMANCE caused by the ARTIST. Such damages may be deducted by the CITY from any compensation owing to the ARTIST. Any delay in commencement of the PERFORMANCE caused by the ARTIST exceeding one hour shall be deemed a nonperformance and material breach of this Agreement, unless expressly waived by the CITY. B. Nonperformance: No compensation shall be due in the event of any nonperformance by the ARTIST constituting a material breach of 0 CONTRACT NO. C35710A this Agreement. In addition, the CITY, s estimated damages for a nonperformance shall be $5,000. This Section shall not prevent either party from recovering compensatory damages for breaches of this Agreement due to causes other than the ARTIST, s late performance or nonperformance. 17. Attorney s Fees Should any action or proceeding be brought to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 18. Modification No modification of this Agreement shall be valid unless agreed to in writing by both the CITY and ARTIST. 19. Prohibited Interests The ARTIST represents that neither it nor any of its agents or employees is currently an officer or employee of the CITY. 20. Force Maieure Any delay or failure in the Performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is beyond the reasonable control of the Party claiming Force Majeure, including, but not limited to, acts of God, fires, floods, rain, heavy winds, earthquake, explosions, riots, wars, sabotage terrorism, vandalism. accident, restraint of government, governmental acts, injunctions, destruction of the premises, and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, 7 CONTRACT NO. C35710A despite such Party's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party's failure to perform its obligations under this Agreement. In the case of a Force Majeure event, this Agreement shall be extended to a mutually agreed upon date within a year of the original performance date. If no future date can be reasonably agreed upon, this Agreement shall be null and void. 0 CONTRACT NO. C35710A EXECUTION: The undersigned represent that they are authorized to execute this Agreement on behalf of the parties hereto on whose behalf they purport to sign. This Agreement shall be deemed executed on the date first above written. CITY OF PALM DESERT [ARTIST] ROBERT A. SPIEGEL, MAYOR (Signature; must be notarized) ATTEST: RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY (Printed Name) 9 CONTRACT NO. C35710A PERFORMING ARTS AGREEMENT EXHIBIT A EVENT: 2016 Holidav Celebration NAME OF ARTIST: Scot Bruce -- A Rockin' Tribute to the Kina DESCRIPTION: Elvis Preslev Tribute Band Traditional and Holidav Sonas LOCATION The Gardens on El Paseo 73545 El Paseo Palm Desert, CA 92260 10 CONTRACT NO. C35710A PERFORMING ARTS AGREEMENT EXHIBIT B DATE: Fridav, December 2. 2016 START TIME: 6 p.m. END TIME: 7 p.m. ARTIST must arrive, at least, one hour prior to PERFORMANCE for sound check and coordination with sound and lighting technicians. Sound check must be completed by 5:30 p.m. ARTIST must be set up and ready to begin PERFORMANCE no later than 6 p.m. The PERFORMANCE must conclude promptly at 7 p.m. ARTIST is entitled to one five minute break between sets, if necessary. ARTIST shall submit a song list four weeks prior to the PERFORMANCE. CITY shall review song list and submit changes at a minimum of one week prior to PERFORMANCE. 11 CONTRACT NO. C35710A PERFORMING ARTS AGREEMENT EXHIBIT C Compensation of $1,550.00 to be paid at conclusion of PERFORMANCE. ARTIST is to submit an invoice to the CITY no later than 30 days prior to the PERFORMANCE. ARTIST shall obtain a City of Palm Desert Daily Business License for the fee of $26.00 no later than 30 days prior to the performance. Payment to ARTIST shall occur at the end of PERFORMANCE on the night of the event. Any payment due to outside booking agencies shall be paid by the ARTIST. NOTE: Not obtaining the Daily Business License in a timely manner will result in delay of payment. 12 CONTRACT NO. C35710A PERFORMING ARTS AGREEMENT EXHIBIT D Lighting, sound amplification, and other technical equipment related to sound and lighting for the PERFORMANCE shall be provided by Studio Instrument Rentals (SIR) of Palm Springs. 13 CONTRACT NO. C35710A EXHIBIT E CITY OF PALM DESERT — PERFORMING ARTS AGREEMENT ARTIST WAIVER, RELEASE, HOLD HARMLESS & AGREEMENT NOT TO SUE I, (FULL NAME) acknowledge that I have agreed to participate as a Performer or Crew Member and assume all risks and hazards incidental to my participation in the City of Palm Desert's 2016 Holiday Celebration (hereinafter "Event"). I AM AWARE THAT THESE ACTIVITIES ARE POTENTIALLY HAZARDOUS AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THE EVENT WITH THE KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN. hereby release, discharge and agree not to sue the City of Palm Desert, The Gardens on El Paseo LLC, El Paseo Village LLC, and The Taubman Company LLC, and their respective officers, officials, directors, employees, volunteers, and agents for any injury, death, or damage to or loss of personal property arising out of, or in connection with, my participation in the Event from whatever cause, including the active or passive negligence of the City of Palm Desert and The Gardens on El Paseo LLC, El Paseo Village LLC, and The Taubman Company LLC, or any other participants in the Event. The parties to this agreement understand that this document is not intended to release any party from any act or omission of "gross negligence," as that term is used in applicable case law and/or statutory provision. In consideration for being permitted to participate in the Event, I hereby agree, for myself, my heirs, spouse, administrators, executors and assigns, that I shall indemnify and hold harmless the City of Palm Desert and The Gardens on El Paseo LLC, El Paseo Village LLC, and The Taubman Company LLC from any and all claims, demands, actions, or suits arising out of, or in connection with, my participation in the Event. I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL. ARTIST PARTICIPANT SIGNATURE If under 18 years of age: PARENT OR GUARDIAN SIGNATURE DATE DATE 14