HomeMy WebLinkAboutSpecial Events Application
Page 1 INITIAL HERE
CITY OF PALM DESERT
73-510 FRED WARING DRIVE - PALM DESERT, CA 92260
(760) 346-0611 – Fax (760) 340-0574
www.cityofpalmdesert.org
SPECIAL EVENTS APPLICATION/AGREEMENT
It is the City of Palm Desert’s desire that all patrons who periodically hold and attend events
on City property are able to enjoy the event. This Special Events Application/Agreement
has been set in place to achieve that goal.
All organizations proposing events are required to complete this application and submit it to
the City of Palm Desert (hereinafter referred to as the “City”) for approval prior to the
activity/event. The City property of which the activity/event is proposed to be held (e.g., a
building, room, land, auditorium, gymnasium, arena, stadium, field, area, street, or
sidewalks) will hereinafter be referred to as “City Property”. The person signing this
application and the organization on whose behalf the event is being held (collectively
hereinafter referred to as the “Organization”) are responsible for compliance with the
agreement after approved. This application must be completed in its entirety to include
initialing the bottom of each page and signing the signature page at the end of this
document. Applications will not be considered “approved” until all insurance and
indemnification requirements (Section “C” herein) have been approved in writing by the
City’s Risk Manager.
Organizations proposing events without road closures and/or other special considerations
must submit an application at least 60 days prior to proposed event date. Organizations
proposing events that require possible road closures and/or other special considerations
must submit and application at least 120 days prior to proposed event date. NOTE: If
events require extensive planning, safety and security controls, traffic controls, etc., and time
does not permit for required agency reviews and approvals, the proposed event may be
denied.
1. ORGANIZATION INFORMATION
Name of Organization:
Authorized Agent/Contact Name:
Address:
City: State: Zip Code:
Phone #:
Email:
Type of Organization:
CITY OF PALM DESERT
SPECIAL EVENTS APPLICATION/AGREEMENT
Page 2 INITIAL HERE
2. EVENT INFORMATION
Name of Event:
Detailed Description of Event:
Proposed Location of Event:
Is this is a walk/run/ride type of an event? YES NO
NOTE: If proposing to utilize City streets, sidewalks, etc., please provide detailed route
map.
Date(s) of Event:
Estimated Attendance:
If multiple events, estimated attendance for each event:
Event Times (include time set-up begins, clean-up ends, and actual event start and finish times)
Set-up: Clean-up: Event Start: Event End:
If multiple events, are these times the same for each event? YES NO
If no, indicate the start and stop times for each event:
Are there any special provisions required for this event? YES NO
If yes, what types of provisions?
Is the event open to the public? YES NO
Will minors be present? YES NO
Are admission fees charged? YES NO
Will there be music? YES NO
If yes, what type of music?
Will food be served? YES NO
Will food be sold? YES NO
Will City streets and/or sidewalks be used? YES NO
Are street closures proposed? YES NO
Are Police/Traffic Control proposed? YES NO
Are Fire/Medical Controls proposed? YES NO
Will alcohol be served? YES NO
Will alcohol be sold? YES NO
NOTE: If answered “yes” to any alcohol question, a separate Alcohol Permit will be
required. Alcohol Permit applications must be submitted directly to the City at least 60
days before the event. Upon review of the submitted agreement, the City will either
approve as submitted or establish additional requirements and/or safety measures.
CITY OF PALM DESERT
SPECIAL EVENTS APPLICATION/AGREEMENT
Page 3 INITIAL HERE
3. CONDITIONS OF USE
A. RESERVATIONS
1. The activity/event proposed under this Agreement is not considered approved until 1)
the Organization delivers to the City, or its authorized agent, the completed Special
Events Application/Agreement, rental fee (if any), deposit (if any), certificate of
insurance approved by the City’s Risk Manager (if required), written evidence of any
permits and licenses required, and any other items deemed necessary by the City;
and 2) the City, in its sole discretion, approves the activity/event through written
execution of this Agreement.
2. The person who signs this Agreement on behalf the Organization must be legally
authorized to bind the Organization in a contractual agreement. Proof of this
authorization must be submitted with this Agreement. A person who is at least
eighteen (18) years of age must sign this Agreement. If alcohol is going to be served,
a person who is at least twenty-one (21) years of age must sign this Agreement.
3. The Organization shall provide to the Palm Desert City Manager or his/her designee
an official single contact that will serve as the representative to the City for the event’s
activities.
4. The Organization shall be responsible for securing all required permits and licenses.
5. The event shall adhere to approved activities stated in this Agreement (and any
addendums) and no other use will be permitted.
6. The Organization shall not use the City’s name to suggest endorsement or
sponsorship of the event or activity without prior written approval by the Palm Desert
City Manager or his/her designee. The Organization’s publicity of the event shall
clearly and accurately identify the name of the sponsoring organization or individual.
7. The “Organization” shall permit any and all City officers, employees, or agents to visit
the event or activities described in this Agreement.
8. The use, service, or sale of any alcohol in any form is strictly prohibited on all City
Property except as allowed by an Alcohol Permit issued by the City. If the
Organization wishes to use, serve, or sell alcohol at the event proposed in this
Agreement, the “Organization” must apply for an Alcohol Permit at least 60 days in
advance of the event. All Alcohol Permit applications must be reviewed and
expressly approved by the Palm Desert City Council. All Alcohol Permits apply to
only the exact times(s), date(s), and location(s) for which they are issued.
B. FEES
1. The City may require a rental fee and/or a deposit from the Organization, which may
be collected by the City or its agent.
CITY OF PALM DESERT
SPECIAL EVENTS APPLICATION/AGREEMENT
Page 4 INITIAL HERE
2. Any person or agency holding a reservation for the use of “City Property” and desiring
to cancel such reservation may be subject to the withholding of a portion of or the
entire fee and/or deposit.
3. The City may charge an additional amount for any activity/event continuing past the
ending time stated in this Agreement.
4. In the event that City Property is damaged, the Organization shall be charged for any
and all janitorial, maintenance, and/or repair fees, and costs including time and
materials, incurred by the City as a result of same and these fees and costs shall be
billed to the Organization.
5. The City may, at its sole discretion, require a damage deposit from the Organization
at the time of reservation, which would be returned in full after the event is completed
and no damage to City Property has occurred.
6. The City may, at its sole discretion, require fees for road closures, traffic control,
safety control measures, security, and/or any other fees that may be deemed
necessary.
C. INDEMNIFICATION AND INSURANCE
The Organization shall indemnify, defend, and hold harmless the City, its officers,
officials, agents, and employees, 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 the Organization’s activities under the terms of this
Agreement, and/or use or occupancy of any City Property, unless solely caused by
the gross negligence or willful misconduct of the City, its officers, officials, agents, or
employees.
1. General Liability Insurance – The Organization shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form
CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage, including
without limitation, blanket contractual liability. If alcohol is sold during the permitted
activity/event, coverage must include full liquor liability. The “City, its officers,
officials, agents, employees and volunteers shall be included as insureds on the
policy.
2. Automobile Liability Insurance – Should the event or activity involve autos, the
Organization 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 Organization arising out of or in connection with the permitted
activity/event 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.
CITY OF PALM DESERT
SPECIAL EVENTS APPLICATION/AGREEMENT
Page 5 INITIAL HERE
3. Workers Compensation Insurance – Corporate-sponsored events or fairs, for which
the sponsor’s employees are used to set up or operate, must show evidence of
workers’ compensation insurance. In such cases, the Organization shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability
Insurance (with limits of at least $1,000,000). The Organization shall submit to the
City, along with the certificate of insurance, a Waiver of Subrogation endorsement in
favor of the City, its officers, agents, employees and volunteers.
4. Liquor Liability (if, applicable) - If alcoholic beverages are to be sold, served or
furnished, Liquor Liability coverage is required with limits of liability of not less than:
(i) $1,000,000 per occurrence; (ii) $2,000,000 aggregate for bodily injury and
property damage. The responsibility of r Liquor Liability Insurance may be assigned
to Organization’s concessionaire/vendor. If Organization intends to sell alcohol,
either the Organization or concessionaire/vendor providing the alcohol for sale must
have a valid liquor sales license and Liquor Liability Insurance covering sale of
alcohol.
5. Umbrella or Excess Liability Insurance – The Organization may opt to utilize umbrella
or excess liability insurance in meeting insurance requirements. In such
circumstances, the Organization shall obtain and maintain an umbrella or excess
liability insurance policy with limits 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. 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;
b. Pay on behalf of wording as opposed to reimbursement;
c. Concurrency of effective dates with primary policies;
d. Policies shall “follow form” to the underlying primary policies; and
e. Insureds under primary policies shall also be insureds under the umbrella or
excess policies
OTHER PROVISIONS OR REQUIREMENTS
6. Proof of Insurance – The Organization shall provide certificates of insurance to the City
as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation (if required). Insurance certificates
and endorsements must be approved by the City’s Risk Manager prior to
commencement of activity/event. Current certification of insurance shall be kept on file
with the City at all times during the term of this Agreement. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time. If proof of
insurance is not approved by the City’s Risk Manager and on file prior to the
activity/event, the City may, at its discretion, deny use of City Property by the
“Organization”.
7. Duration of Coverage – The Organization shall procure and maintain for the duration
of the agreement and event/activity, insurance against claims for injuries to persons
or damages to property, which may arise from or in connection with the
CITY OF PALM DESERT
SPECIAL EVENTS APPLICATION/AGREEMENT
Page 6 INITIAL HERE
Organization’s permitted activity/event, his/her agents, representatives, employees
or sub-consultants.
8. Primary and Non-Contributing Insurance – All insurance coverages shall be primary and
any other insurance, deductible, or self-insurance maintained by the indemnified parties
shall not contribute with this primary insurance. Policies shall contain or be endorsed to
contain such provisions.
9. “City’s” Rights of Enforcement – In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, the
City has the right, but not the duty, to obtain the insurance it deems necessary, and any
premium paid by the City will be promptly reimbursed by the Organization. In the
alternative, the City may cancel this Agreement and deny use of City Property by the
Organization.
10. Acceptable Insurers – All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance in the State of California, with an assigned policyholders’ Rating of A-
(or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s
Risk Manager.
11. Waiver of Subrogation – All insurance coverage maintained or procured pursuant to this
Agreement shall be endorsed to waive subrogation against the City, its elected or
appointed officers, officials, agents, employees, and volunteers or shall specifically allow
the Organization or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss.
The Organization hereby waives its own right of recovery against the City, its officers,
officials, agents, employees, and volunteers for indemnification, contribution, or
declaratory relief arising out of or in any way connected with the Organization’s permitted
activity/event and/or use or occupancy of any City Property, even if the City, its officers,
officials, agents, employees, or volunteers seek recovery against the Organization.
The Organization further waives any right of recovery against the City, its officers,
officials, agents, employees, and volunteers for fires, floods, earthquakes, civil
disturbances, regulation of any public authority, and other causes beyond its control. The
Organization shall not charge results of “acts of God” to the City, its officers, officials,
agents, employees, and volunteers.
12. Enforcement of Contract Provisions (non-estoppel) – The Organization
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform the Organization of noncompliance with any requirement imposes no
additional obligations on the “City” nor does it waive any rights hereunder.
13. Requirements Not Limiting – Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as
it pertains to a given issue and is not intended by any party or insured to be all
CITY OF PALM DESERT
SPECIAL EVENTS APPLICATION/AGREEMENT
Page 7 INITIAL HERE
inclusive, or to the exclusion of other coverage, or a waiver of any type. If the
Organization maintains higher limits than the minimums shown above, the City
requires and shall be entitled to coverage for the higher limits maintained ty the
Organization. Any available insurance proceeds in excess of the specified minimum
limits of insurance and coverage shall be available to the City.
14. Notice of Cancellation – The Organization agrees to oblige its insurance agent or
broker and insurers to provide to the City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
15. Additional Insured Status – General liability, automobile liability, and if applicable,
pollution liability and cyber liability, policies shall provide, or be endorsed to provide,
that the City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
16. Prohibition of Undisclosed Coverage Limitations - None of the coverages required
herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in
writing.
17. Separation of Insureds – A severability of interests provision must apply for all
additional insureds ensuring the Organization’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to
the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability
exclusions.
18. Pass Through Clause – Organization agrees to ensure that its sub-consultants, sub-
contractors, and any other party involved with the project who is brought onto or
involved in the project by Organization, provide the same minimum insurance
coverage and endorsements required of Organization. Organization agrees to
monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section.
Organization agrees that upon request, all agreements with consultants, sub-
contractors, and others engaged in the project will be submitted to City for review.
19. City’s Right to Revise Specifications – The City or its Risk Manager reserves the
right at any time during the term of the contract to change the amounts and types of
insurance required by giving the Organization ninety (90) days advance written
notice of such change. If the City reduces the insurance requirements, the changes
shall go into effect immediately and require no advanced written notice.
20. Self-Insured Retentions – Any self-insured retentions must be declared to and
approved by the City. The City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not
be considered to comply with these specifications unless approved by the City.
CITY OF PALM DESERT
SPECIAL EVENTS APPLICATION/AGREEMENT
Page 8 INITIAL HERE
21. Timely Notice of Claims – The Organization shall give the City prompt and timely
notice of claims made or suits instituted that arise out of or result from the
Organization’s performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
22. Additional Insurance – The Organization 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 activity/event.
23. Safety – Organization shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Organization shall
at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of
employees appropriated to the nature of the work and the conditions under which the
work is to be performed.
E. SET UP/CLEAN UP/DECORATIONS
1. The Organization, caterers, bands, transportation of rental equipment, and related
individuals and activities will not be permitted access to the City Property specified in
this Agreement prior to or after the event time period. The Organization shall be
responsible for arranging access during the time requested for entry and exit to the
City Property specified in this Agreement.
2. The Organization shall not prepare and/or setup on the City Property specified in this
Agreement prior to the event start time, unless the Organization provides setup fees,
deposits, and insurance for the time of the preparation and/or setup and receives
written approval from the City prior to preparation and/or setup.
3. The Organization shall not drive or permit to be driven nails, hooks, tacks, screws,
poles, stakes or other forms of fasteners into any part of the City Property specified in
this Agreement and shall not make or allow to be made any alterations of any kind
therein.
4. The Organization shall be responsible for all clean up of the City Property specified in
this Agreement, including adjacent grounds, at the end of the event. The
Organization shall pick up, bag, and remove all trash generated by all activity in any
way connected with the event, leaving the City Property clean and free of all trash
and litter. The Organization shall also leave all fixtures, if any, in good working
condition.
5. The Organization shall not store any equipment or materials on the City Property
specified in this Agreement, or adjoining property, without prior written approval of the
Palm Desert City Manager or his/her designee.
6. The Organization shall be responsible for any and all damage to the City Property
specified in this Agreement during use. In the event damage occurs or excessive
cleaning is necessary, the Organization shall be charged for any and all janitorial,
CITY OF PALM DESERT
SPECIAL EVENTS APPLICATION/AGREEMENT
Page 9 INITIAL HERE
maintenance, and/or repair fees incurred by the City as a result of damage or
excessive cleaning, and if a damage deposit has been taken by the City, these fees
will be deducted from the deposit.
7. The Organization shall not possess, bring, decorate with, or use a foil balloon that is
filled with a gas lighter than air, such as mylar balloons, to any public park or
recreation area of the city.
F. EQUIPMENT/ACCESSORIES
1. The Organization shall not use City equipment, tools, or furnishings located in or
about the City Property specified in this Agreement without the prior written approval
of the Palm Desert City Manager or his/her designee.
2. The Organization shall not drive motorized vehicles on field or green space.
3. The City does not provide audio/visual systems, public address systems, spotlights,
floodlights, or projectors. The Organization, at its own cost, may bring these systems
onto the “City Property” specified in this Agreement for their use.
4. The Organization shall secure approval from the City before using audio/visual
systems, public address systems, and live or recorded amplified music. The
Organization shall not record, televise, or broadcast the event or any portion thereof
without prior written approval of the Palm Desert Manager or his/her designee.
5. Depending on the activity/event, the City may, at its sole discretion, require the
Organization to provide certain equipment, supplies, or services. These
requirements will be listed in an addendum attached to this Agreement.
G. MISCELLANEOUS
1. The Organization shall comply with all local, state, and federal laws and regulations
related to the use of the City Property specified in this Agreement. This includes
Americans With Disabilities Act (ADA) compliance, if the Organization is providing
facilities for the public, or modifying existing City facilities (such as, but not limited to
parking, sidewalks or spectator seating, etc.).
2. The Organization shall not admit a larger number of individuals than can lawfully,
safely, and freely move about the City Property specified in this Agreement wherein
the activity/event is being held. The City or its police or fire department shall, at its
discretion, make the determination regarding safety of the individuals attending the
event.
3. Gambling of any kind is not permitted on City Property.
4. No animals are permitted on City Property, with the exception of licensed service
animals. (This does not apply to City parks and other City locations where pets are
permitted on leash).
CITY OF PALM DESERT
SPECIAL EVENTS APPLICATION/AGREEMENT
Page 10 INITIAL HERE
5. If the Organization violates any part of this Agreement or reports false information to
the City, the City may refuse the Organization further use of City Property and the
Organization shall forfeit a portion of or all of the paid fees and/or the deposit.
6. The City may impose additional requirements as deemed necessary to protect the
health, safety, and/or welfare of the community.
7. Any person aggrieved by the City’s decision with respect to this Agreement may
appeal to the Palm Desert City Manager or his/her designee in writing no later than
five (5) days after the City’s decision has been communicated to the aggrieved party.
8. If any provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions shall remain in full force and effect.
IMPORTANT – READ BEFORE SIGNING
I am an authorized agent of the organization submitting this application/agreement. The
information provided herein is true and correct. I have read and understand this
application/agreement and agree to all of the aforementioned rules, regulations, and
conditions of use. Once signed by all individuals/organizations/agencies this becomes
the official agreement between all parties.
Name: Signature
Date: Phone #:
NOTE: 1) Proof that the person signing this Agreement on behalf of the Organization
is authorized to do so must be attached; and 2) each page of this Agreement must be
initialed.
SPECIAL EVENT APPLICATION APPROVAL
Insurance approved by the City’s Risk Manager Yes No
The City of Palm Desert hereby approves this Agreement. Any changes to the event details
included herein that occur after the date of signature below must be approved by the “City”
in writing.
Name: Signature
Date: Phone #:
CITY OF PALM DESERT
SPECIAL EVENTS APPLICATION/AGREEMENT
PROPOSED EVENT:
CITY OF PALM DESERT USE ONLY
Fee: Deposit: Total paid:
Deposit returned: YES NO
Date Deposit Returned:
REVIEWED AND APPROVED:
PLANNING/CODE YES NO
Conditions
PUBLIC WORKS/PARKS YES NO
Conditions
RISK MANAGER YES NO
Conditions
FIRE DEPARTMENT YES NO
Conditions
POLICE DEPARTMENT YES NO
Conditions
SPECIAL PROGRAMS YES NO
Conditions
Approved
Denied
Date
By