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Home My WebLink AboutContract 1562-1 ORIGINAL e, -1 PREMIER SPONSORSHIP AGREEMENT FOR AMFM FESTIVAL Cathedral City, California The following represents an Agreement for the City of Cathedral City ("City") to continue its participation as a Premier Sponsor of the 2014 AMFM: arts, music, film and more festival ("Festival") to be produced by Film 4 Change, LLC, a New Mexico-based Limited Liability Company, ("Promoter"), which is made and entered into this i)t day of October, 2013 ("Effective Date"). 1. Term The terms of this Agreement are for Year 2 (2014 Festival) of a three-year commitment. Year 3 is subject to Council approval. The term of this Agreement commences on the date this Agreement is signed by City and Promoter ("Execution Date"), and specifically includes sponsorship for the 2014 Festival to be held over a four-day period, November 13 through November 16, 2014, at the Mary Pickford Theater and Town Square in Downtown Cathedral City. 2. Right of First Refusal The City has within its discretion the right of first refusal to renew its sponsorship for the 2014 and 2015 Festivals. 3. Benefits As a Priemer Sponsor of the Festival,the City will receive the following rights and benefits: Naming Rights — The name of the Festival is titled "AMFM fest: arts, music, film and more sponsored by Cathedral City." Sponsorship Status-The City, as a Premier Sponsor of the festival, will be recognized as a Premier sponsor in all promotional materials and activities. Preferred Marketing — The City will have preferred position in all Festival collateral materials printed by the Promoter including, but not limited to, Festival posters, postcards, program, schedule, and badges. Advertising Inclusion — The City logo will be included in a preferred position in all Festival advertising (print, electronic, and internet) initiated by the Promoter. Venue Advertising — The City name/logo will be included on daily events board on display at all Festival venues. 1 Signage — The City log/name will have premier placement on all Festival signs/banners located at all Festival venues including, but not limited to: film maker/VIP lounges, Festival box office, and workshop and panel locations. Commercial Visual — The City log/name will have premier placement in Festival promotional trailers shown in theaters prior to, and during, Festival. Program Ad—A full-page City color ad provided in premium spot in Festival Program. Web Branding—The City logo and hotlink placed on the Festival website Home Page. Press Releases—The City will be acknowledged as a Premier Sponsor in all Festival press releases in association with other Festival Sponsors. Reserved Area—The City will have reserved seating and/or area at all Festival events. Festival Logo Use—The City has the right to use the Festival logo and trademarks for co- branding and marketing opportunities, with Promoter approval. Product Placement — Opportunity for City to include product, promotional materials and information in the Festival VIP/Film maker swag bags. Exhibit Space - Area provided for City to present City promotional materials at Festival events. Attendance Information— Promoter to provide City with a report of total website traffic and ticket sales on the 30th of each month, commencing on April 30, 2014. Sponsorship Information - Promoter to provide City with a list of secured sponsorships and estimated dollar amount (cash and in-kind) on the 30th of each month, commencing on January 30, 2014. Tickets — City to receive from Promoter 20 V.I.P. Festival Passes and 50 individual film screening passes. Discounts—All City employees shall be able to purchase Festival Tickets at a 50 percent discount, with discount not to exceed $49.00. Award — Opportunity for City representative to present a City-named major festival award (i.e., Best Film Capturing New American Spirit). Donation Surchage— Festival will charge a $0.25 surcharge for each Festival ticket sold, including individual films, to be donated to the Cathedral City Downtown Foundation. (ii! 2 Q/‘r In consideration for the above benefits, the City will provide Festival a $50,000.00 contribution less any overages paid by the City for the 2013 Festival (contribution currently estimated to be $40,000.00), not including in-kind support, for the 2014 Festival. Schedule of Support Cash Sponsorship Payment #1: Upon Effective Date of this Agreement, the City will process a "Purchase Order and Check Request" for the next accounts payable cycle for $20,000.00 for issuance to Promoter, and that the Promoter provide the following to the City at that time: • Proof of approved 2013 City Business License. • Written confirmation of requested Festival date(s). Payment #2: On or about January 30, 2014, the City will process a Check Request for $14,000.00 for issuance to the Promoter, and that the Promoter provide the following to the City at that time: • Written confirmation that the Mary Pickford Theater is secured for the Festival date(s). • Name of the major festival award to be presented by the City. • Commence providing City with a list of secured sponsorships and estimated dollar amount (cash and in-kind) on the 30th of each month. Payment #3: On or about April 30, 2013, the City will process a Check Request for $3,000.00 for issuance to the Promoter, and that the Promoter provide the following to the City at that time: • Completed/approved City Special Use Permit. • Current City business license in effect and approved renewal for 2014 City business license. • Commence providing City with a report of total website traffic and ticket sales on the 30th of each month. Payment #4: Within 30 days of the Festival date, the City will process a Check Request for the remainder contribution (currently estimated to be $3,000.00) for issuance to the Promoter, and that the Promoter provide the following to the City at that time: • Proof of liability insurance per City Special Use Permit requirements, naming City as additional insured. • Confirmation of recipient of the major festival award to be presented by the City. • Final draft of Festival Program. • Final draft of musical performers and schedule. 3 • Final draft of movie titles and schedule. • Synopsis of each movie. • Printed tickets available. • Itemization of City Benefits (per Section 3 of this Agreement) received to date. • Estimated number of Festival attendees. City In-Kind Support: • Donation of the Mary Pickford Theater and Desert IMAX Theater • Police,fire and assistance of other city services. • Barricade services for Town Square. • Installation of street banners to be provided by Promoter. • Use of available City venues/facilities for Festival events. • Furnishings and fixtures (F&F) previously provided for the 2013 Festival. • Festival advertising/promotion in any City-based media. • Festival promoted in City publications, brochures, newsletter, and website. Note: Material in-kind items provided by the City remain the property of the City. 4. Reimbursement Should the 2014 Festival not take place due to non-performance by the Promoter or acts of God, Promoter shall reimburse the City for any and all monetary funds and materials received per this Agreement from the City by the Promoter. 5. Post-Festival Reporting Within 30 days of Festival, Promoter to provide post-Festival reporting to City Council and request affirmation of City sponsorship for 2015 Festival. 6. Indemnification Promoter shall defend, indemnify and hold harmless the City, its officers, employees, directors, representatives, and agents from and against those actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorney's fees, for any personal injuries, deaths, property damage (including property owned by the City), which may arise out of Promoters negligent or intentional performance of the services described in the Agreement, unless such losses or damages are proven to be caused by the City's own negligence or that of its officers or employees. 7. Non-liability of City Officers and Employees In no event whatsoever, shall the City's officers, employees, directors, representatives and/or agents be liable, in either an official or personal capacity to Promoter, or any successor in interest. 4 �� 8. Independent Contractor Status It is the express intention of the Parties that Promoter is an independent contractor and not an employee, agent, joint venture, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Promoter or any employee or agent of Promoter. Both Parties acknowledge that Promoter is not an employee for either state or federal tax purposes or for any other purpose. Promoter shall retain the right to perform services for others during the term of this Agreement (and during any Option Periods, if applicable). [SIGNATURE PAGE ATTACHED] 6,11 5 IN WITNESS WHEREOF,this Agreement is executed this 1 day of October, 2013. City of Cathedral City Film 4 Change, LLC By: ■/ / '` By: R• • Wood, Ci .nager Rich Henrich, Ma ager Member 6:-700A -nida Lai. Guer'-ro 48-932 Taylor C.thedral City, CA 9223, Indio, CA 92201 6 * Ifit2ik