CITY COUNCIL DECEMBER 2, 2019

CONSENT CALENDAR

SUBJECT: CITY OF WEST HOLLYWOOD V- DAY 2020 CO- SPONSORSHIP

OF THE VAGINA MONOLOGUES

INITIATED BY: MAYOR PRO TEMPORE LINDSEY HORVATH

COUNCILMEMBER JOHN HEILMAN

PREPARED BY: COMMUNITY & LEGISLATIVE AFFAIRS DIVISION

John Leonard, Manager) t---

Andi Lovano, Senior Management Analys. a.

tali

STATEMENT ON THE SUBJECT:

The City Council will consider approving co- sponsorship of The Vagina Monologues onFebruary 15 and February 16, 2020 in the City Council Chambers as programming forCity of West Hollywood' s V- Day 2020 a day of global awareness to end violence againstwomen.

RECOMMENDATIONS:

1) Approve co-sponsorship of The Vagina Monologues on Saturday, February15, 2020 and Sunday, February 16, 2020 as the City of West Hollywood' s V-Day programming.

2) Waive facility use fees and parking fees for parking in the 5- story parkingstructure for attendees of the rehearsals and events ( estimated $ 4, 776).

3) Authorize the use of the City name and logo on invitations, programs, andother collateral materials.

4) Direct the Communications Department to utilize all appropriate

communication tools to promote the event, such as the City' s website andsocial media tools.

5) Authorize the City Manager or designee to execute documents incident to theco- sponsorship agreement.

BACKGROUND / ANALYSIS:

February 2020 marks the 22nd anniversary of V- Day, a global activist movement to endviolence against women and girls including rape, battery, incest, female genital

mutilation ( FGM), and sex slavery. The V- Day movement has its roots in the

groundbreaking play The Vagina Monologues, written by Eve Ensler. First performed in1996, the production has since become a rousing success with performances around

the world. In 1998, Ensler and others began using the proceeds from performing thework to start a nonprofit named V- Day. Since its inception, V- Dav and its snonsorAri

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AGENDA ITEM 2.W.

events have raised over $ 100 million for women' s anti- violence groups. As a result, The

Vagina Monologues has become a staple in communities across the world, bringing

attention to important issues that impact the day-to- day lives of women and girls.

In celebration of V-Day, the City of West Hollywood will co-sponsor Hollywood NOW'sproduction of The Vagina Monologues on Saturday, February 15, 2020 at 2: 00 p. m. and

Sunday, February 16, 2019 at 2: 00 p. m. in the West Hollywood City Council Chambers.The event will be open to the public and there will be a suggested donation of $ 15, with

all proceeds going to a selected non- profit beneficiary focused on women' s rights,sexual justice, and equality.

The Hollywood Chapter of the National Organization for Women ( Hollywood NOW)

addresses today' s pressing issues facing women in Hollywood and West Hollywood -

both the geographical community and the industry. Hollywood NOW's mission is to seemore equitable treatment and representation of women in our community and industry;

to create a defiant sisterhood and a movement towards empowering women and young

girls to be extraordinary leaders; and to bring advocacy and awareness to the socialjustice issues that transgender women face in our society.

The City of West Hollywood has a history of involvement with the V- Day movement andHollywood NOW. In 2012, Eve Ensler launched a new campaign called One Billion

Rising to build off the success of the V- Day movement. One Billion Rising highlights thefact that one in three of the world' s three billion women have experienced some form of

abuse in their lifetimes. The City of West Hollywood hosted the regional kick-off onFebruary 14, 2013 with a press conference at the Sal Guarriello Veterans Memorial.Activists in 207 countries came together to strike, dance, and rise to end violence

against women and girls. Subsequently in 2014 and 2015 the City hosted successfulregional kick- off events similar in scope and programming to help raise visibility andawareness about the One Billion Rising Campaign. In 2016 the City hosted a

community rally to commemorate One Billion Rising.

In addition to participation in the One Billion Rising Campaign, the City has co-sponsored sold out productions of The Vagina Monologues for the past several years.

The City has issued proclamations in support of the movement, hosted media events inconjunction with V- Day, and has declared February 14th V- Day in the City of WestHollywood since 2001. Support of this item is consistent with the City' s history ofsupport for women' s rights as the nation' s first " Pro- Choice" city. Existing policy and

programming on health and wellness, such as Domestic Violence Awareness Month,Love Your Body Day, Denim Day, and on- going public safety and human rights effortsare also consistent with the co- sponsorship of this event. This event has also been

endorsed by the City' s Women' s Advisory Board.

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CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST

HOLLYWOOD GENERAL PLAN:

This item is consistent with the Primary Strategic Goal( s) ( PSG) and/ or OngoingStrategic Program( s) ( OSP) of:

OSP- 8: Enhance the Cultural and Creative Life of the Community.OSP- 11: Community Education.

In addition, this item is compliant with the following goal( s) of the West HollywoodGeneral Plan:

HS- 1: Maintain and pursue humane social policies and social services that address

the needs of the community.HS- 2: Support and encourage arts and culture in West Hollywood.

EVALUATION PROCESSES:

Staff will ask the organizations producing the event to provide information aboutattendance and to seek information from those attending about the impact of the eventand how it could be improved.

ENVIRONMENTAL SUSTAINABILITY AND HEALTH:

N/ A

COMMUNITY ENGAGEMENT:

The event organizers will outreach to various non- profit organizations and community

partners for their participation and promotion of the event.

OFFICE OF PRIMARY RESPONSIBILITY:

ECONOMIC DEVELOPMENT DEPARTMENT/ EVENTS & FILM SERVICES DIVISION

FISCAL IMPACT:

The fiscal impact of this item includes $ 4, 776 in waived fees, including the facility usefees not to exceed $ 1, 356 for two performances and four rehearsals, and $ 3, 420 in

waived parking fees for four rehearsals ( 80 x $ 9/ person = $ 720) and a projected

attendance of 150 people for each performance night ( 300 x $ 9/ person = $ 2, 700).

V-Day programming is already budgeted in the Fiscal Year 2019- 2020 Community &Legislative Affairs' Division Budget ( account number 100- 1- 01- 15- 531001). A portion of

this budget not to exceed $ 6, 280 will be used to cover partial costs of the production of

The Vagina Monologues. This includes an estimated $ 900 for technical support services

Waveguide), an estimated $ 380 for sign language interpretation, and an estimated

500 for insurance costs.

Page 3 of 4

AMOUNT DESCRIPTION

Provided to the event organizer (minus insurance costs) to cover part

of the event production costs. Funding for this item is already budgeted5, 000 in the Fiscal Year 2019- 2020 Community & Legislative Affairs Budget

account number 100- 1- 01- 15- 531001).

Waveguide technical support will be provided through the Community900 Legislative Affairs Budget ( account number 100- 1- 01- 15- 531001).

Sign language interpretation will be provided through the Community &380 Legislative Affairs Budget ( account number 100- 1- 01- 15- 531001).

3, 606 This item requests the waiver of City fees.

ATTACHMENT:

1. Event Co- sponsorship Agreement between City of West Hollywood and

Hollywood NOW

Page 4 of 4

DocuSIgn Envelope ID: EDDEDA6F- 2455- 4344- 8400-4095IEAEE4AF

City of West HollywoodEVENT CO- SPONSORSHIP AGREEMENT

This Event Co- sponsorship Agreement( the" Agreement") is executed this 3rd day ofDecember, 2019 by and between the City of West Hollywood, California, a municipalcorporation (" City"), and Hollywood NOW, a California nonprofit public benefit corporation

Event Organizer").

RECITALS

A. Hollywood NOW is the organizer and producer of the Vagina Monologues( the" Event"),

a community production of Eve Ensler's play.

B. The City Council, at its December 2, 2019 meeting, approved the City' s co- sponsorshipof the Event and authorized the Director of Finance and Technology Services to allocate

6, 280 from budgeted funds in the Special Council Programs account number 100- 1- 01-15- 531001 in FY 2020 for costs associated with the Event.

C. The Event will serve to celebrate V-Day, a global activist movement to end violenceagainst all women and girls. V- Day is a catalyst that promotes creative events toincrease awareness, raise money, and revitalize the spirit of existing anti-violenceorganizations.

NOW, THEREFORE, in consideration of the foregoing and the promises contained herein, theparties agree as follows:

1. Obligation: Event Description: Event Organizer is organizing and producing the Event atthe West Hollywood City Council Chambers on February 15, 2020 and February 16, 2020and agrees to feature the City of West Hollywood as a co-sponsor of the Event. TheCity' s participation as a co- sponsor is limited to the activities described below.

The City agrees to:

1. 1. Underwrite the Event as a co- sponsor for actual costs incurred up to $ 6, 280( sixthousand, two hundred and eighty dollars).

1. 2. Pay 100% of the co- sponsorship fee within 45 days from the execution of thisAgreement.

1. 3. Provide mutually agreed in- kind services as follows, the cost of which will bededucted from the cash contribution set forth in subparagraph 1. 1 above:

Waveguide Technical Support for the two performance dates of February15 and February 16 at a total cost not-to- exceed$ 900 ( nine hundreddollars) for both days.

Sign language interpreter for the two performance dates of February 15 andFebruary 16 at a total cost not-to- exceed $ 380 (three hundred and eightydollars) for both days.

Event insurance coverage in an amount not- to- exceed $ 500.

Event Cosponsorst p Agreement Page 1 of 5City of West Holywood 1 April 2019

DocuSign Envelope ID: EDDEDA6F- 2455- 4344- 8400- 40951EAEE4AF

CITY OF WEST HOLLYWOOD

EVENT CO- SPONSORSHIP AGREEMENT

1. 4. Provide mutually agreed in- kind services as follows, the cost of which will not bededucted from the cash contribution set forth in subparagraph 1. 1 above:

Waive Facility Use Fees for the City Council Chambers on the followingdays:

o Sunday, January 19, 12- 5PM ( Rehearsal)o Sunday, January 26, 12- 5PM ( Rehearsal)o Sunday, February 2, 12-5PM ( Rehearsal)o Friday, February 14, 12- 5PM ( Rehearsal)o Saturday, February 15 ( Performance)o Sunday, February 16 ( Performance)

Provide 20 ( twenty) parking validations for each rehearsal ( for a total of 80eighty) validations for rehearsal) and 150 ( one hundred and fifty) parking

validations for each performance date (for a total of 300 ( three hundred)

parking validations for performances) at the 5- story parking structure.

As appropriate, include a listing for the Event on the City' s website calendarand, at the discretion of the City, include Event information and Eventhighlights in other City communications channels.

The Event Organizer agrees to provide:

1. 5. Provide official City of West Hollywood logo placement and listing of the " City ofWest Hollywood" as" Co- sponsor" or Partner" on Event website( with hyperlinks towww.weho. org), social media blasts, and on promotional materials.

1. 6. Route approval of all uses of official City of West Hollywood logo through the City' sRepresentative and secure approval for City logo usage not less than two weeksprior to Event.

1. 7. Provide event promotional information and materials to the City' s Representativenot less than two weeks prior to event.

1. 8. Share social media posts with the City' s Representative leading up to the Eventi. e. Facebook, Twitter, Instagram).

1. 9. Financial Performance Data. Within thirty( 30) days of the Event provide Citywith:

Detailed invoices and proof of payment for at least$ 5, 000 for approval byCity.The Profit and Loss statement of the Event and the Event Organizer,

including a summary of all revenues and expenditures.

Reimbursement of any unspent funds from the co- sponsorship fee

1. 10. Event Report. Within thirty( 30) days of the Event provide City with:

A summary of the event activities.

Details/ metrics for measuring the event, including:o The number of attendees and names of actors at the Event

Event Cosponeorship Agreement Page 2 of 5City of West HaVywood! April 2019

DocuSign Envelope ID: EDDEDA6F- 2455. 43446400- 40951EAEE4AF

CITY OF WEST HOLLYWOOD

EVENT CO- SPONSORSHIP AGREEMENT

1. 11. Provide adequate security as appropriate for the Event.

1. 12. Organize all elements of the Event and program.

2. Administration.

2. 1 The City's Representative. Unless otherwise designated in writing, Moya Marquezshall serve as the CITY' s staff liaison and representative for the administration of

the project. All activities performed by the Event Organizer shall be coordinatedwith this person.

2. 2 The Event Organizer' s Representative. For the Event Organizer, John Erickson

shall be in charge of the project on all matters relating to this Agreement and anyagreement or approval made by them shall be binding on the Event Organizer withregards to the Event. The Event Organizer' s Representative shall not be replaced

without the written consent of the City.

3. Assignment. Neither this Agreement, nor any interest herein, shall be assigned by eitherparty without the prior written consent of the other.

4. Indemnification. Neither party hereto shall be liable for any damages proximatelyresulting from the negligent or legally wrongful actions of the other party, its employees,agents,, or contractors in the performance of this Agreement; and each party shallindemnify, defend, and save harmless the other party from such damages or liability.

5. Liability Insurance. Event Organizer shall maintain general liability insurance in anamount not less than one million dollars ($ 1, 000, 000) per occurrence for bodily injury,personal injury, and property damage and that provides coverage for the Event. TheCITY, its elected or appointed officers, officials, employees, agents, and volunteers are

to be covered as additional insureds on a primary, non- contributory basis with respect toliability arising out of the Event. Organizer must provide a certificate of insurance andpolicy endorsements showing proof of coverage.

6. Intellectual Property. Except as expressly provided herein, no right, property, license,permission or interest of any kind in or to the use of any trademark, trade name, domainname, logo, design or other copyrighted materials including footage, photography andrelated art material ( collectively referred to as " Intellectual Property") owned or used by aparty is or is intended to be given or transferred to or acquired by the other party by theexecution, performance or nonperformance of this Agreement or any part thereof. Eachparty acknowledges that the other party' s Intellectual Property are considered to bevaluable and that it( or its licensors) claims to own all worldwide right, title and interest

therein and thereto( including, without limitation, all copyrights, patents, trademarks,trade secrets, know-how, patent registration rights and any other proprietary or otherrights). Each party agrees that it shall not use the Intellectual Property of the other partyfor any purpose other than for purposes of advertising and marketing the event or asspecifically set forth in this Agreement.

Without limiting any other provision hereof, City shall have the right but not the obligationto use all Promotional Materials, including without limitation, the Event footage, in anyand all media, now known or hereinafter devised, in perpetuity, throughout the universe,

Event Cosponsorship Ageerrrerd Page 3 of 5City of West Hollywood I Ap fl 2019

DocuSign Envelope ID: EDDEDA6F-2455-4344-8400-40951EAEE4AF

CITY OF WEST HOLLYWOOD

EVENT CO-SPONSORSHIP AGREEMENT

without additional compensation to any party, provided that any such use of suchPromotional Materials shall be for promotional or educational purposes only.

7. Force Mateure. Neither party shall be liable for any delay or failure to perform under thisAgreement if such delay or failure is caused by, or prohibited by conditions of forcemajeure, including strikes, labor disputes, fire, breakdowns of land, sea or airtransportation, vehicular accident, acts of deities, acts or restraints of any GovernmentAgency, or any other events or occurrences which are beyond the reasonable control ofsuch party.

8. Non- Discrimination and Equal Employment Opportunity. Event Organizer represents

and agrees that it does not and will not discriminate against any employee or applicantfor employment because of race, religion, color, national origin, sex, sexual

orientation, gender identity, political affiliation or opinion, medical condition, or pregnancyor pregnancy- related condition.

9. Restrictions: Arab League Boycott of Israel. Event Organizer hereby affirms it does nothonor the Arab League Boycott of Israel.

10. Modification: This Agreement shall not be modified, waived or rescinded unless inwriting signed by authorized representatives of both parties. In the event of a conflictbetween the terms of any purchase order or invoice and this Agreement, this Agreementshall control.

11. Authority: Each party executing this agreement warrants and represents to the otherthat they have the right and authority to enter into this Agreement on behalf of andlegally binding the party for whom they are signing.

12. Governing Law: This Agreement shall be governed by, and construed in accordancewith the laws of the State of California without giving effect to any principles of conflictsof law.

13. Representation: Each of the parties hereto has been represented by its own counsel. Inthe event of a dispute, no provision of this Agreement shall be construed in favor of one

party and against the other by reason of the craftsmanship of this Agreement.

14. Entire Agreement: This Agreement embodies the entire agreement between Event

Organizer and City as to the subject matter hereof and expressly and unequivocallysupersedes all previous agreements, warranties or representations, oral or written,

which may have been made between Event Organizer and City as to the subject matterhereof.

Event Cosponsorstip Agreement Page 4 of 5City of West Holywood/ April 2019

DocuSign Envelope ID: EDDEDA6F- 2455- 4344- 8400- 40951EAEE4AF

CITY OF WEST HOLLYWOOD

EVENT CO- SPONSORSHIP AGREEMENT

IN WITNESS WHEREOF, the parties have executed this Agreement the 3rd day ofDecember, 2019.

EVENT ORGANIZER Hollywood NOW

c6,

lamDomSignedby:

tric setA,SFgiasson

CITY OF WEST HOLLYWOOD:

Francisco Contreras, Acting Economic Development Director

Paul Arevalo, City Manager

ATTEST:

Yvonne Quarker, City Clerk

Event Cosponsorship Agreement Page 5 of 5City of West Hollywood I April 2019