HomeMy WebLinkAboutC33270 - Sponsor RCEDA - 2014 Ntl Date Festival Contract No. C337_70
CITY OF PALM DESERT
STAFF REPORT
REQUEST: APPROVAL OF A CONTRACT WITH RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY FOR SPONSORSHIP OF
THE 2014 RIVERSIDE COUNTY FAIR AND NATIONAL DATE
FESTIVAL IN AN AMOUNT OF UP TO $20,000
SUBMITTED BY: John Wohimuth, City Manager
DATE: January 23, 3014
CONTENTS: Draft Contract No. C3327o
Recommendation
By Minute Motion, that the City Council,
1. Approve Contract No. C33270 with the Riverside County Economic
Development Agency (EDA) in the amount of $10,000 to sponsor the 2014
Riverside County Fair and National Date Festival (Fair) scheduled to be held
February 14—21, 2014, substantially to form; and
2. Authorize an additional amount of $10,000 to be provided in sponsorship only in
the event EDA successfully obtains a commitment from an organization including
but not limited to the Gary Sinise Foundation to financially support the project
and/or inclusion of specially-adaptable home design features that meet the needs
of a selected disabled veteran for a Habitat for Humanity of the Coachella Valley,
Inc. ("HabitaY') new home build; and
3. Authorize the Finance Director to appropriate $20,OQ0 from the Community
Contingency Reserve Account for the above; and
4. Authorize the City Manger or his designee to finalize the contract and the Mayor
to execute the contract to effectuate the actions taken herewith.
Backs�round
Each year the EDA solicits sponsorships to produce the Fair. For the 2014 event, EDA is
requesting a sponsorship from the City in the amount of $20,000. 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 Fair.
In addition, as part of the entertainment for the 2014 Fair, Gary Sinise & the Lt. Dan Band
(Band)will be perForming. One of the missions of the non-profit Gary Sinise Foundation and the
Band is to raise funds to support military members and their families in various ways. EDA will
be paying the Band for their performance and working with the non-profit to support a local
veteran with adaptable affordable housing. Staff has met with both Habitat and EDA and has
identified a location in Palm Desert suitable to a newly constructed adaptable home that is able
Staff Report
Contract No. C 33270 with EDA for Sponsorship of the 2014 Fair
January 23, 2014
Page 2 of 2
to accommodate varying levels of disabilities with minimal modifications for the selected
veteran.
The details of the adaptable home build are still in the works so staff recommends a $10,000
sponsorship to EDA for the Fair delivered upon full execution of the contract. And, in the event
EDA successfully obtains a commitment from an organization, including but not limited to the
Gary Sinise Foundation, to financially support a specially-adaptable home, EDA will partner with
Habitat for the construction. Upon Habitat's receipt of the committed funds, the additional
$10,000 will be delivered to EDA.
Therefore, staff recommends that the Council approve Contract No. C33270 in the amount of
$10,000, with an additional $10,000 if the conditions are met regarding assisting a veteran with
adaptable housing, and authorize the Finance Director to appropriate $20,000 from the
Community Contingency Reserve Account.
Fiscal Analvsis
If the City approves the contract, the fiscal impact will be the amount of the total sponsorship of
up to $20,000.
-
Submi te y: .
�.. CITY COUNCIL��TION
APPROVED DF.NiED
Jo n . Wohlmuth, City Manager RECEIVED OTHER
r
1
� MEET G DATE ' �
AYES: � 2�
Finan Department: NOES:
ABSENT:
ABSTAIN:
VERIFIED BY:
Paul Gibson, Director of Finance Originat on File with City e k's Office
G:IHOUSINGUesska GonzaleslSTAFF REPORTSISR-City Fair Sponsorship 1-23-14.doc
Contract No. C33270 DRAFT FOR DISCUSSION
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 "AgreemenY') is
6 entered into this _ day of ,2014, by and between the County of
7 Riverside (hereinafter"County") on behalf of itself, 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' Day
12 and concluding on the Sunday following said national holiday(hereinafter the"Fair Run"); and,
13 WHEREAS, funding to support the Fair is substantially augmented through a sponsorship
14 program, which is administered by EDA; and,
]5 WHEREAS, Sponsor wishes to participate in the sponsorship program as Patron Sponsor
16 of the 2014 Fair; and,
17 WHEREAS, in return for being a Patron Sponsor, Sponsor will receive certain
18 advertising,promotional and event attendance consideration through the Fair.
19 NOW, THEREFORE, the parties hereto do hereby agree as follows:
20 SECTION 1. Sponsorship. This is a (1) one-year, ten thousand dollar ($10,000),
21 sponsorship agreement. Sponsor does hereby agree to deliver ten thousand dollars ($10,000). An
22 additional ten thousand dollars ($10,000) will be provided in sponsorship only in the event EDA
23 successfully obtains a commitment from an organization including but not limited to the Gary
24 Sinise Foundation, to financially support the project and/or inclusion of specially-adaptable
25 home design features that meet the needs of a selected disabled veteran for a Habitat for
26 Humanity of the Coachella Valley, Inc. ("Habitat") new home build in Palm Desert, CA. The
27 additional ten thousand dollars ($10,000) will be delivered by Sponsor upon Habitat's receipt of
28 the committed funds from an organization.
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t SECTION 2. Pavment. The payment of the Sponsorship Fee is to be made by Sponsor
2 on or before February l, 2014. The additiona] Sponsorship payment is to be made as specified in
3 Section 1, Sponsorship. In return, County agrees to provide Sponsor those benefits specified in
4 Section 4, below, prior to and during the Fair Run.
5 SECTION 3. Term. The term (hereinafter the "Term") of this Agreement shall
6 commence on the date this A�reement is executed by both parties and shall end (1) one-year
7 from the conclusion of the Fair Run in calendar year 2014.
8 SECTION 4. Benefits to Be Provided to Sponsor. The following Patron Sponsorship
9 benefits are to be provided to Sponsor by the Fair prior to and during the Fair Run in 2014 and
10 will be in addition to those benefits provided in Section 5:
11 a) Name Identifcation.
12 (i) Sponsor's name and sponsorship will be announced on the public
13 address system at least twice(2) a day.
14 (ii) Sponsor's name shall be printed on both Fairgrounds entryway Kiosks.
15 b)Advertising.
16 (i) Sponsor will be included in one hundred thousand (100,000) official
17 programs that will be distributed in local newspaper circulation and will
18 be available at the gate.
19 (ii) Listed in the "thank you" ad post-Fair (full circulation The Desert Sun
20 &The Press-Enterprise)
21 c) Exhibit Space. Sponsor will be provided one (1) exhibit booth space (10' x
22 10') during the Fair Run for the purposes of exposure, sampling, education and
23 product sales. The Sponsor and County shall mutually agree upon the booth
24 location. Sponsor shall ensure that its employees staff the booth during all open
25 hours of the Fair.
26 d) Event Tickets.
27 (i) Sponsor will receive on hundred and eighty (180) single-day admission tickets
28 for the Fair. A portion of the tickets will need to be used to provide access to the
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1 Fairgrounds for Sponsor's employees who will be manning an exhibit booth (only
2 if applicable). The remainder of the tickets can be distributed by Sponsor as they
3 choose. Additional credential admission tickets may be purchased.
4 (ii) Sponsor will receive four(4) unlimited park entrance lanyards.
5 e) Parking. Sponsor will receive six (6) Preferred hanging parking passes, eight
6 (8) credential hanging parking passes and ten (10) vendor/exhibitor parking
7 passes for the Fair Run.
8 fl VIP Seating. Sponsor will receive special invitations to VIP festivities.
9 SECTION 5. Approval of Snonsor's Banners and Other Promotional Materials.
10 Prior to the final production of the banners or flags produced by Sponsor and displayed on the
11 Fairground pursuant to Section 4, above, Sponsor is to provide a copy to County for written
l2 approval. If County fails to object to the banner or flag within five (5) business days after
13 presentation of the copy by faxing such objection to Sponsor, County shall be deemed to have
14 approved said banner or flag.
15 Should Sponsor elect to use the name or logo of the County or the Fair, or the fact of its
16 Patron Sponsorship of the Fair in any of its promotional, publicity, advertising or media related
17 materials, prior to the final production of said materials, Sponsor shall submit copies of said
18 materials to the County for its written approval prior to such use. If County fails to object to any
19 proposed materials within five (5) business days after their presentation by faxing such objection
20 to Sponsor, County shall be deemed to have approved such materials.
21 SECTION 6. Usa�e of Saonsor's Name or Trademarks. Sponsor will provide
22 approved logo(s), name(s) and trademark(s) with usage guidelines to County for use in Fair
23 promotional materials outlined in Section 4 of this Agreement and any other promotional
24 materials agreed upon by Fair and Sponsor.
25 SECTION 7. Exclusive Ri�hts of Countv.
26 a) County has exclusive rights in the ownership and use of any County or Fair
27 logo, insignia, or other County property and nothing in this Agreement shall be
28 construed to givc Sponsor any ownership or other property interest in any County
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I property, including, but not limited to, their respective logos and insignias.
2 b) County has the discretionary right to allow the use of the Fair's logo and
3 insignia. Sponsor shall receive written approval from County prior to use of the
4 Fair's logo and/or insignia, and such approval shall be not be unreasonably
5 withheld by County.
6 SECTION 8. Ownershiq bv Sponsor of Its Materials. Sponsor shall own all rights,
7 title and interest in and to all work, product and services created by Sponsor in connection with
8 its sponsorship hereunder. Except as expressly provided herein for purposes of carrying out its
9 obligations hereunder, County shall not have any right, title or interest in any copyright,
10 trademark or any other rights in any such work, product and services produced or performed by
11 Sponsor under this Agreement.
12 SECTION 9. Care of Sponsor's Proaertv. County assumes no liability for materials
13 brought on the Fairgrounds by Sponsor and used by Sponsor or its employees at its one (1)
14 exhibition booth or in other promotional activities that it may engage in on the Fairgrounds..
15 SECTION 10. Limitation of Liabilitv. In no event will either County or Sponsor, their
16 officers, directors, affiliates, employees, agents, representatives, or shareholders be liable (either
17 in contract, warranty, tort, or otherwise), to the other or any of its officers, directors, affiliates,
18 employees, agents, representatives, or shareholders for any consequential, incidental or indirect
19 damages, including costs, profits, or for any exemplary or punitive da.mages. The parties agree
20 that neither party will be liable for acts of God, fire, accidents or other occurrence beyond their
21 reasonable control (whether like or unlike any of these enumerated herein) which prevent either
22 party from partially or completely performing its obligations hereunder.
23 SECTION 11. Termination.
24 This Agreement may be terminated:
25 (i) By either County or Sponsor if the other party breaches any of the
26 material terms of this Agreement, which default is not cured within thirty
27 (30) days following written notice of such default of the defaulting party.
28 If the default is not cured within the thirty (30) day period, the non-
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1 defaulting party may terminate this Agreement by giving notice of its
2 decision to do so.
3 (ii) In the event that either party becomes insolvent, makes an assignment
4 for the benefit of creditors, becomes the subject of any bankruptcy,
5 reorganization or arrangement proceeding or defaults in any obligation,
6 which default would foreclose such party from exercising its right or
7 prevent it from paying its obligations hereunder, then such action shall be
8 a default hereunder and this Agreement may be terminated by written
9 notice to the defaulting party.
10 (iii) By either County or Sponsor for its convenience upon thirty (30) days
11 written notice to the other party. In the event Sponsor terminates this
12 a�eement under this Section 13.(a)(iii), Sponsor shall not be entitled to
13 any reimbursement of funds either expended by Sponsor pursuant to this
14 Agreement or paid to County pursuant to Section 2, above.
15 b) Notices shall be sent via U.S. Postal Service registered mail return receipt
16 request to the individual identified in Section 20, below.
17 c) In the event County fails, prior to or during a Fair Run for which the
18 Sponsorship Fee has been paid, to deliver all Sponsor benefits as outlined in
19 Section 4, above, for any reason other than as a result of: 1) breach of Sponsor, 2)
20 County terminates Sponsor in accordance with Section 13.(a)(iii), above, or 3)
21 acts of God, fires, accidents or other occurrences beyond the reasonable control of
22 County (whether like or unlike any of these enumerated herein) preclude all or a
23 portion of a Fair Run, Sponsor, in addition to all other rights and remedies
24 available at law or in equity, shall be entitled to a refund commensurate to the
25 benefits' value. The benefits' value is to be mutually agreed upon by Sponsor and
26 County. This additional remedy will not be available to Sponsor with regard to
27 prospective Fair Runs that are to occur within the Term of this Agreement and for
28 which the Sponsorship Fee has not becn paid.
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1 d) Should Sponsor exercise its right pursuant to Section 13.a)(iii) and Sponsor
2 has, pursuant to Section 6, above, given its approved logo(s), name(s) and
3 trademark(s) for production of any promotional, publicity, advertising or media
4 related materials, and said material has been produced, County, in addition to all
5 other rights and remedies available at law or in equity, shall be entitled to
6 reimbursement from Sponsor for the cost of reproducing said material and
7 removing all reference to Sponsor fr�m said material.
8 SECTION 12. Representative, Warranties and Disclaimer.
9 a) Sponsor represents and warrants to County:
10 (i) That Sponsor has the full power to enter into this Agreement
11 (ii)That all corporate actions and approvals have been taken which are
l2 necessary to make this Agreement a binding and enforceable obligation of
l3 Sponsor
14 (iii)That the individual signing this Agreement is authorized to execute
15 this Agreement on behalf of Sponsor
16 (iv)That Sponsor's execution, delivery, and performance of this
17 Agreement is not in conflict with, and will not cause an event of default
18 under, any agreement or instrument to which Sponsor is bound.
19 b) County hereby represents and warrants to Sponsor:
20 (i) That County has the full power to enter into this Agreement
21 (ii) That all corporate actions and approvals have been taken which are
22 necessary to make this Agreement a binding and enforceable obligation of
23 County
24 (iii) That by entering into this Agreement, County is not in default of any
25 obligation to any third party
26 (iv) That County's execution delivery and performance of this Agreement
27 is not in conflict with, and will not cause an event of, default under any
28 a�-eement or instrument to which County is bound
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1 (v) That County has obtained all permits or licenses necessary for it to
2 hold the Fair.
3 c) Unless otherwise explicitly stated in this Agreement, County and Sponsor
4 disclaim all warranties, whether express or implied, written or oral, with respect
5 to any goods or services to be provided hereunder or any component or part
6 thereof, including any implied warranty of inerchantability or fitness for a
7 particular use.
8 SECTION 13. No Partnership or Joint Venture. This Agreement does not constitute
9 and shall not be construeci as constituting a partnership or joint venture between the County and
10 Sponsor. Each party is to remain an independent entity. Sponsor shall not be considered an
11 organizer or producer of the Fair.
12 SECTION 14. Independent Capacitv. Neither party shall have the right to obligate the
13 other in any manner whatsoever, and nothing herein contained shall give or is intended to give
14 any right of any kind to any third party. Neither party may assign this Ageement without prior
15 written consent of the other party.
16 SECTION 15. Waiver. No waiver or relinquishment of any right, explicit or implicit,
17 created by this Agreement at any one time or times shall be deemed a waiver or relinquishment
18 of that right for all or any other times.
19 SECTION 16. Severability. To the extent that any provision herein is held invalid, then
20 the provision shall be deemed deleted, and the remaining provisions shall remain in full force
21 and effect.
22 SECTION 17. California Jurisdietion. This Agreement shall be construed under the
23 laws of the State of California. Each party hereto acknowledges that this Agreement is entered
24 into and is to be performed within the jurisdiction of the State of California and that the courts of
25 the State of California shall have jurisdiction over any and all claims, controversies, disputes and
26 disagreements arising out of this Agreement or breach thereof.
27 SECTION 18. S�onsor Names. Contact Names, Addresses. The following is the name
28 Sponsor wishes the County to use in all promotional activities in which Sponsor is to be
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1 included: "City of Palm Desert." The individuals and addresses listed below is where all
2 correspondence between Sponsor and County shall bc sent unless otherwise requested:
3
SPONSOR: John M. Wohlmuth, City Manager
4 City of Palm Desert
5 73-510 Fred Waring Dr.
Palm Desert, CA 92260
6 Phone: (760) 346-0611
� COUNTY: Stacey Chester, Sponsorship Coordinator
8 Riverside County Economic Development Agency
P.O. Box 1180
9 Riverside, CA 92502
10 Phone: (951)529-4638
11 SECTION 20. Resnonsibilities and Benefits. County and Sponsor hereby agree to all
�2 responsibilities and benefits as stated above and will promote each other to the best of their
13 ability, and within the guidelines of this Agreement for and during each Fair Run.
14 SECTION 21. Execution in Counterparts. This Agreement may be executed in several
15 counterparts. Each shall be regarded as an original, and all of which shall constitute but one and
16 the same document.
1� SECTION 22. Captions. The captions or headings in this Agreement are for
1 g convenience only and in no way define, limit or describe the scope or intent of any provisions of
19 this Agreement.
20 SECTION 23. Reuresentation bv Counsel. Each party hereto has had the opportunity
2� to seek the advice of counsel of its choosing concerning this Agreement. This Agreement is to
22 be deemed as to have been jointly prepared by all of the parties hereto, and any uncertainty or
23 ambiguity existing herein shall not be interpreted against any party on the ground that it was the
24 drafter.
25 SECTION 24. Entire Agreement. This Agreement sets forth the final and complete
26 understanding of the parties. It is understood and agrecd that there are no other representations
2� with respect to this Ageement and that this Agreement supersedes all prior discussions,
28 agreements and undertakings relating to the subject matten c�reof. It is furthcr agreed that thc
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1 rights, interest, understandings, agreements and obligations of the respective parties pertaining to
2 the subject matter of this Agreement may not be amended, modified or supplemented in any
3 respect except by a subsequent written instrument evidencing the express written consent of each
4 of the parties hereto and duly executed by the parties.
5 IN WITNESS WHEREOF, County and Sponsor have executed this Agreement as of the
6 date first above written.
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8 COUNTY OF RIVERSIDE CITY OF PALM DESERT
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l2 By: BY�
Tim Miller, Assistant Director/EDA John M. Wohlmuth, City Manager
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