HomeMy WebLinkAboutC27890 Sponsor 2009 National Date FestivalREQUEST:
DATE:
CONTENTS:
Recommendation:
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
Request for approval of the contract with Riverside County Economic
Development Agency (RCEDA) for Sponsorship of the 2009 Riverside
County Fair and National Date Festival (RCFNDF)
July 10, 2008
Proposed contract between RCEDA and City of Palm Desert (City)
By Minute Motion, approve Contract No. C278,90 with RCEDA in the amount of
$10,000 to sponsor the 2009 Riverside County Fair and National Date Festival scheduled
to be held February 13-22, 2009, and authorize the Mayor to execute the same.
Background:
Each year the RCEDA solicits sponsorships to produce the RCFNDF. For the 2009 event,
the RCEDA is requesting a sponsorship from the City in the amount of $10,000. The Fair
has the potential to bring thousands of individuals and families to the Coachella Valley
during its ten-day run, which has the potential to provide increased revenue to local Palm
Desert businesses. In addition, this sponsorship provides a venue for families from
throughout the region to enjoy all of the activities, shows, exhibits, and competitions
associated with the RCFNDF.
Therefore, staff recommends that Contract No. C 27890 in the amount of $10,000 be
approved. Funds are available in fiscal year 2008/09 in Account 110-4416-414-3061 and
no appropriation is requested or required.
F`N
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PATRICIA SCULLY PAUL GI : • N L�
S NI,?R MANAGEMENT ANAL DIRECT 4► OF FINANCE/CITY TREASURER
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SHEILA R. GILL
CARLOS L. O
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ASSISTANT CITY MANAGER CITY MANAGER
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X. Consent Calendar
J. Request for Approval of Contract with Riverside County Economic Development
Agency (RCEDA) for Sponsorship of the 2009 Riverside County Fair and National
Date Festival (Contract No. C27890).
;;STY COUNCIL ACTION:
APPROVED._ . .._ __.. __ _ _ DENIED . _ _,... .
MEETING P.✓n� .:. ,n.,s
AYES:
NOES
ABSENT :.,
ABSTAIN: ND"),,.c ;
VERIFIED BY: 1
;original on File with
City Clerk's Office.
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June 24, 2008
Carlos Ortega, City Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mr Ortega,
On behalf of the Economic Development Agency of Riverside County,I would like to thank the City
of Palm Desert for sponsoring the 2009 Riverside County Fair 8c National Date Festival. We value
our long term partnership with the City of Palm Desert.
Enclosed you will find three copies of the Sponsorship Agreement for the 2009 Fair. Please, keep
one of the executed contracts for your records and place the other two in the envelope provided to
you and mail them back to me by August l,2008. An invoice will be sent via our Fiscal Department
according to the date specified in the contract. Your generous contribution to the Fair is greatly
appreciated. If you should have any questions, please phone me at (951) 955-1092.
Please look forward to receiving your"Welcome Packet"in January 2009. In the meantime,if there
is anything I can assist you with please contact me.
Wa Regards,
C ,�-----
Stacey . hester
Marketing Specialist
Economic Development Agency
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. 'I Contract No. C27890
1 PATRON SPONSORSHIP AGREEMENT BETWEEN
2 THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL AND
3 CITY OF PALM DESERT
4
5 THIS PATRON SPONSORSHIP AGREEMENT (hereinafter this "Agreement") is
6 entered into this day of 200_, by and between the County of Riverside
7 (hereinafter "County") on behalf of itself and the Riverside County Fair and National Date
8 Festival (hereinafter the "Fair") and City of Palm Desert (hereinafter"Sponsor").
9 WITNESSETH
10 WHEREAS, the County, through its Economic Development Agency (hereinafter
11 "EDA"), annually produces the Fair each February, beginning the Friday prior to Presidents'
12 Day and concluding on the Sunday following said national holiday (hereinafter the "Fair Run");
13 and
14 WHEREAS, funding to support the Fair is substantially augmented through a sponsorship
15 program, which is administered by EDA; and
16 WHEREAS, Sponsor wishes to participate in the sponsorship program as a Patron
17 Sponsor of the 2009 Fair; and
18 WHEREAS, in return for being a Patron Sponsor, Sponsor will receive certain
19 advertising, promotional and event attendance consideration through the Fair.
20 NOW, THEREFORE, the parties hereto do hereby agree as follows:
21 SECTION 1. Snonsorshin. This is a (1) one-year, ten thousand dollar ($10,000)
22 sponsorship agreement. Sponsor does hereby agree to deliver ten thousand dollars ($10,000).
23 SECTION 2. Payment. The payment of the Sponsorship Fee is to be made by
24 Sponsor on or before November 1, 2008. In return, County agrees to provide Sponsor those
25 benefits specified in Section 4, below, prior to and during the Fair Run.
26 SECTION 3. Term. The term (hereinafter the "Term") of this Agreement shall
27 commence on the date this Agreement's executed by both parties and shall end at the conclusion
28 of the Fair Run in calendar year 2009.
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� Contract No. C27890
1 SECTION 4. Benefits to Be Provided to Sponsor. The following Patron Sponsorship
2 benefits are to be provided to Sponsor by the Fair prior to and during the Fair Run in 2009 and
3 will be in addition to those benefits provided in Section 5:
4 a) Name Identification.
5 (i) Sponsor's name and sponsorship will be announced on the public
6 address system at least three (3) times a day.
7 (ii) Sponsor's name shall be printed on both Fairgrounds' entryway
8 banners and kiosks.
9 b) Advertising.
10 (i) Sponsor will be included in one hundred and fifty thousand (150,000)
11 official programs that will be distributed in local newspaper circulation
12 and will be available at the gate.
13 (ii) Sponsor will be listed in the "thank you" ad post Fair.
14 c) Exhibit Space. Sponsor will be provided one (1) exhibit booth space (10' x
15 10') during the Fair Run for the purposes of exposure, sampling, education and
16 product sales. The Sponsor and County shall mutually agree upon the booth
17 tocation. Sponsor shall insure that its employees staff the booth during all open
18 hours of the Fair.
19 d) Event Tickets.
20 (i) Sponsor will receive one hundred eighty (180) single-day admission
21 tickets for the Fair. Additional credential admission tickets may be
22 purchased.
23 (ii) Sponsor will receive four (4) unlimited park lanyards. These lanyards
24 can be used to staff an exhibit booth (only if applicable). If there are more
25 than four people manning an exhibit booth, then a portion of the tickets
26 will need to be used to provide access to the Fairgrounds.
27 e) Parking.
28 (i) Sponsor will receive four (4) preferred hanging parking passes,
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Contract No. C27890
1 (ii) Sponsor will receive six (6) credential hanging parking passes,.
2 (iii) Sponsor will receive eight (8) vendor/exhibitor hanging parking
3 passes.
4 � VIP Seating. Sponsor will receive four(4) VIP seats in the concert pavilion.
5 g) Website. Sponsor's logo and link will be placed on the official Fair website.
6 SECTION 5. Approval of Promotional Materials. Should Sponsor elect to use the
7 name or logo of the County or the Fair, or the fact of its Patron Sponsorship of the Fair in any of
8 its promotional, publicity, advertising or media related materials prior to the final production of
9 said materials, Sponsor shall submit copies of said materials to the County for its written
10 approval prior to such use. If County fails to object to any proposed materials within five (5)
11 business days after their presentation by faxing such objection to Sponsor, County shall be
12 deemed to have approved such materials.
13 SECTION 6. Usa�e of Sponsor's Name or Trademarks. Sponsor will provide
14 approved logo (s) with usage guidelines to County for use in Fair promotional materials outlined
15 in Section 4 of this Agreement and any other promotional materials agreed upon by Fair and
16 Sponsor.
17 SECTION 7. Exclusive Ri�hts of Countv.
18 a) County has exclusive rights in the ownership and use of any County or Fair
19 logo, insignia, or other County property, and nothing in this Agreement shall be
20 construed to give Sponsor any ownership or other property interest in any County
21 property, including, but not limited to, their respective logos and insignias.
22 b) County has the discretionary right to allow the use of the Fair's logo and
23 insignia. Sponsor shall receive written approval from County prior to use of the
24 Fair's logo and/or insignia, and such approval shall be not be unreasonably
25 withheld by County.
26 SECTION 8. Ownership bv Sponsor of Its Materials. Sponsor shall own all rights,
27 title and interest in and to all work, product and services created by Sponsor in connection with
28 its sponsorship hereunder. Except as expressly provided herein for purposes of carrying out its
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. Contract No. C27�90
1 obligations hereunder, County shall not have any right, title or interest in any copyright,
2 trademark or any other rights in any such work, product and services produced or performed by
3 Sponsor under this Agreement.
4 SECTION 9. Care of SAonsor's Pronertv. County assumes no liability for materials
5 brought on the Fairgrounds by Sponsor and used by Sponsor or its employees at its one (1)
6 exhibition booth or in other promotional activities that it may engage in on the Fairgrounds.
7 SECTION 10. Insurance. Consistent with Section 11, Sponsor is to provide the
8 following:
9 a) Sponsor must, at its own expense, procure and maintain in full force and effect
10 for each Fair Run occurring during the Term of this Agreement comprehensive
11 general liability insurance in an amount not less than one million dollars
12 ($1,000,000) combined single limit and Workers' Compensation insurance as
13 required by the State of California at statutory limits.
14 b) Upon prior written notice, Sponsor shall furnish original certificates of
15 insurance to the individual at the address stated in Section 20, below, at least one
16 (1) month prior to each Fair Run. The insurance provider must be a company
17 licensed to sell policies in the State of California and must be acceptable to the
18 County's Division of Risk Management. Certificates of insurance must
19 demonstrate that following coverage has been obtained:
20 (i) Comprehensive general liability insurance where appropriate, as
21 determined by the County's Risk Manager, public liability and product
22 liability insurance for the combined coverage of not less than one million
23 dollars ($1,000,000) combined single limit for bodily and property
24 damage per occurrence. Comprehensive general liability insurance
25 ceRificates and the public and product liability insurance certificates, if
26 determined appropriate, shall name Sponsor as insured on the certificates
27 and the County of Riverside, its Board of Supervisors, officers,
28 employees, agents, and representatives as additionally insured and as
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Contract No. C27890
1 certificate holders. The following written language must be included in
2 the "Additional insured" section of the certificate:
3 "The County of Riverside, its Board of Supervisors, officers, employees,
4 agents and representatives, individually and collectively, as respects to all
5 operations by or on behalf of the named insured and all premises or
6 property used by or on behalf of the named insured."
7 (ii) Workers' Compensation insurance as required by the State of
8 California at statutory limits.
9 c) County shall, at its own expense, procure and maintain in full force and affect
10 the following insurance: General Liability, Automobile Liability, Workers'
1 l Compensation.
12 (i) The County shall maintain commercial general liability coverage in an
13 amount not less than one million dollars ($1,000,000) combined single
14 limits. The County of Riverside maintains an approved, self-insured
15 general liability program.
16 (ii) The County shall maintain automobile liability in an amount not less
17 than one million dollars ($1,000,000) per occurrence. This coverage is
18 contained in the County of Riverside's self-insured general liability
19 program.
20 (iii) The County shall maintain Workers' Compensation insurance
2l pursuant to the laws of the State of California. The County of Riverside
22 maintains an approved, self-insured Workers' Compensation program.
23 SECTION I1. Indemnification.
24 a) Sponsor shall indemnity and hold harmless the County, its successors and
25 assigns and their Board of Supervisors, officers, director, employees, agents, and
26 representatives from any and all liabilities, costs, and expenses, including without
27 limitation reasonable attorney fees, which may be incurred by any or all of them
28 arising out of any claims or suits which may be brought against them by reason of
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Contract No. C27890
1 any injuries or damages caused by or resulting from the activities of Sponsor
2 pursuant to this Agreement.
3 b) The County shall indemnify and hold harmless the Sponsor, its successors and
4 assigns and their officers, directors, employees, agents, and representatives from
5 any and all liabilities, costs, and expenses, including without limitation reasonable
6 attorney fees, which may be incurred by any or all of them arising out of any
7 claims or suits which may be brought against them by reason of any injuries or
8 damages caused by or resulting from the activities of County pursuant to this
9 Agreement.
10 SECTION 12. Limitation of Liabilitv. In no event will either County or Sponsor, their
11 officers, directors, affiliates, employees, agents, representative, or shareholders be liable (either
12 in contract, warranty, tort, or otherwise) to the other or any of its officers, directors, affiliates,
13 employees, agents, representatives, or shareholders for any consequential, incidental or indirect
14 damages, including costs, profits, or for any exemplary or punitive damages. The parties agree
15 that neither party will be liable for acts of God, fire, accidents or other occurrence beyond their
16 reasonable control (whether like or unlike any of these enumerated herein) which prevent either
17 party from partially or completely performing its obligations hereunder.
18 SECTION 13. Termination.
19 This Agreement may be terminated:
20 (i) By either County or Sponsor if the other party breaches any of the
21 material terms of this A�reement, which default is not cured within thirty
22 (30) days following written notice of such default of the defaulting party.
23 If the default is not cured within the thirty -(30) day period, the non-
24 defaulting party may terminate this Agreement by giving notice of its
25 decision to do so.
26 (ii) In the event that either party becomes insolvent, makes an assignment
27 for the benefit of creditors, becomes the subject of any bankruptcy,
28 reorganization or arrangement proceeding or defaults in any obligation,
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' Contract No. C278•90
1 which default would foreclose such party from exercising its right or
2 prevent it from paying its obligations hereunder, then such action shall be
3 a default hereunder, and this Agreement may be terminated by written
4 notice to the defaulting party.
5 (iii) By either County or Sponsor for its convenience upon thirty (30) days
6 written notice to the other party. In the event Sponsor terminates this
7 Agreement under this Section 13;
8 a) Sponsor shall not be entitled to any reimbursement of funds either expended
9 by Sponsor pursuant to this Agreement or paid to County pursuant to Section 2,
10 above.
11 b) Notices shall be sent via U.S. Postal Service registered mail return receipt
12 request to the individual identified in Section 20, below.
13 c) In the event County fails, prior to or during a Fair Run for which the
14 Sponsorship Fee has been paid, to deliver all Sponsor benefits as outlined in
15 Section 4, above, for any reason other than as a result of: 1) breach of Sponsor, 2)
16 County terminates Sponsor in accordance with Section 13.a)(iii), above, or 3)acts
17 of God, fires, accidents or other occurrences beyond the reasonable control of
18 County (whether like or unlike any of these enumerated herein) which preclude
19 all or a portion of a Fair Run; Sponsor, in addition to all other rights and remedies
20 available at law or in equity, shall be entitled to a refund commensurate to the
21 benefits' value. The benefits' value is to be mutually agreed upon by Sponsor and
22 County. This additional remedy will not be available to Sponsor with regard to
23 prospective Fair Runs that are to occur within the Term of this Agreement and for
24 which the Sponsorship Fee has not been paid.
25 d) Should Sponsor exercise its right pursuant to Section 13.a)(iii) and Sponsor
26 has, pursuant to Section 6, above, given its approval allowing final production of
27 any promotional, publicity, advertising or media related materials, and said
28 material has been produced, County, in addition to all other rights and remedies
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. Contract No. C27880
1 available at law or in equity, shall be entitled to reimbursement from Sponsor for
2 the cost of reproducing said material and removing all reference to Sponsor from
3 said material.
4 SECTION 14. Renresentative,Warranties and Disclaimer.
5 a) Sponsor represents and warrants to County:
6 (i) That Sponsor has the full power to enter into this Agreement
7 (ii) That all corporate actions and approvals have been taken which are
8 necessary to make this Agreement a binding and enforceable obligation of
9 Sponsor
10 (iii) That the individual signing this Agreement is authorized to execute
1 l this Agreement on behalf of Sponsor
12 (iv) That Sponsor's execution delivery and performance of this Agreement
13 is not in conflict with, and will not cause an event of default under, an
14 agreement or instrument to which Sponsor is bound.
15 b) County hereby represents and warrants to Sponsor:
16 (i) That County has the full power to enter into this Agreement.
17 (ii) That all corporate actions and approvals have been taken which are
18 necessary to make this Agreement a binding and enforceable obligation of
19 County.
20 (iii) That by entering into this Agreement, County is not in default of any
21 obligation to any third party.
22 (iv) T'hat County's execution delivery and performance of this Agreement
23 is not in conflict with, and will not cause an event of, default under any
24 agreement or instrument to which County is bound.
25 (v) That County has obtained all permits or licenses necessary for it to
26 hold the Fair.
27 c) Unless otherwise explicitly stated in this Agreement, County and Sponsor
28 disclaim all warranties, whether express or implied, written or oral, with respect
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Contract No. C278�90
1 to any goods or services to be provided hereunder or any component or part
2 thereof, including any implied warranty of inerchantability or fitness for a
3 particular use.
4 SECTION 15. No Partnership or Joint Venture. This Agreement does not constitute
5 and shall not be construed as constituting a partnership or joint venture between the County and
6 Sponsor. Each party is to remain an independent entity. Sponsor shall not be considered an
7 organizer or producer of the Fair.
8 SECTION 16. Indenendent Capacity. Neither party shall have the right to obligate the
9 other in any manner whatsoever, and nothing herein contained shall give or is intended to give
10 any right of any kind to an third party. Neither party may assign this Agreement without prior
11 written consent of the other party.
12 SECTION 17. Waiver. No waiver or relinquishment or any right, explicit or implicit,
13 created by this Agreement at any one time or times shall be deemed a waiver or relinquishment
14 of that right for all or any other times.
15 SECTION 18. Severabilitv. To the extent that any provision herein is held invalid, then
16 the provision shall be deemed deleted, and the remaining provisions shall remain in full force
17 and effect.
18 SECTION 19. California Jurisdiction. This Agreement shall be construed under the
19 laws of the State of California. Each party hereto acknowledges that this Agreement is entered
20 into and is to be performed within the jurisdiction of the State of California and that the courts of
21 the State of California shall havc jurisdiction over any and all claims, controversies, disputes and
22 disagreements arising out of this Agreement or breach thereof.
23 SECTION 20. Sponsor Name, Contact Names, Addresses. The following is the name
24 Sponsor wishes the County to use in all promotional activities in which Sponsor is to be
25 included: "City of Palm Desert." The individuals and addresses listed below is where all
26 correspondence between Sponsor and County shall be sent unless otherwise requested:
27 //
28 //
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. ,I Contract No. C278 90
1 SPONSOR: Carlos Ortega, City Manager
2 City of Palm Desert
73-510 Fred Waring Drive
3 Palm Desert, CA 92260
Phone: 760.346.0611 Fax: 760.340.0574
4
5 COUNTY: Stacey Chester, Marketing Specialist
Riverside County Economic Development Agency
6 1325 Spruce Street, Suite 400
Riverside, CA 92507
7 Phone: 951.955.1092 Fax: 951. 9552159
8
9 SECTION 21. Responsibilities and Benefits. County and Sponsor hereby agree to all
10 responsibilities and benefits as stated above and will promote each other to the best of their
11 ability, and within the guidelines of this Agreement for and during each Fair Run.
12 SECTION 22. Execution in Counterqarts. This Agreement may be executed in several
13 counterparts. Each shall be regarded as an original, and all of which shall constitute but one and
14 the same document.
15 SECTION 23. Cantions. The captions or headings in this Agreement are for
�6 convenience only and in no way define, limit or describe the scope or intent of any provisions of
1� this Agreement.
1 g SECTION 24. Reuresentation bv Counsel. Each party hereto has had the opportunity
19 to seek the advice of counsel of its choosing concerning this Agreement. This Agreement is to
20 be deemed as to have jointly prepared by all of the parties hereto, and any uncertainty or
21 ambiguity existing herein shall not be interpreted against any party on the grounds that it was the
ZZ drafter.
23 SECTION 25. Entire Agreement. This Agreement sets forth the final and complete
24 understanding of the parties. It is understood and agreed that there are no other representations
25 with respect to this Agreement and that this Agreement supersedes all prior discussions,
26 agreements and undertakings relating to the subject matter hereof. It is further agreed that the
27 rights, interest, understandings, agreements and obligations of the respective parties pertaining to
28 the subject matter of this Agreement may not be amended, modified or supplemented in any
Page 10 of 11
' Contract No. C27�90
1 respect except by a subsequent written instrument evidencing the express written consent of each
2 of the parties hereto and duly executed by the parties.
3 IN WITNESS WHEREOF, County and Sponsor have executed this Agreement as of the
4 date first above written.
5
6 COUNTY OF RIVERSIDE CITY OF PALM DESERT
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10 By:�-� ./�i�11�1Y�'i��1��r(/h---��- By:
Deanna Lorson, Carlos Ortega,
11 Managing Director City Manager
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