Wheeler's Market/BHCC Survey 09
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January 21, 2009
JAN 2 ~ 2009
Mr. Robert Marra, President
Wheeler's Market Intelligence
78-370 Highway 111, Suite 250
La Quinta, CA 92253
Re: Professional Services Contract
2009 Bob Hope Chrysler Classic Survey
Dear Mr. Marra:
ECEIVE®
CITY OF lA OUINTA
CITY MANAGER'S OFFICE
This letter will memorialize a Contract for Services between Wheeler's Market
Intelligence., ("Consultant") and the City of La Quinta ("City) for professional
consulting services relating to conducting a study designed to gather information
about visitors who attend the 2009 Bob Hope Chrysler Classic at golf courses
located in La Quinta.
The Consultant shall provide professional services as specified in the attached
Scope of Work (Exhibit "A") at the rate set forth therein. Total project cost,
including expenses, shall not exceed $10,000.
The timing of invoices and the payment of this compensation is subject to
Consultant's Scope of Work as set forth in Exhibit "A".
The Consultant is an independent contractor, not an employee, and the Consultant
is not entitled to any benefits of employment. The Consultant shall procure and
maintain, at its cost, and submit concurrently with its execution of the Agreement,
public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's acts or omissions rising
out of or related to Consultant's performance under this Agreement. The insurance
policy shall be primary for losses arising out of Consultant's performance hereunder
and neither the City nor its insurers shall be required to contribute to any such loss.
A certificate evidencing the foregoing and naming the City and its officers and
employees as additional insured shall be delivered to and approved by the City prior
to commencement of the services hereunder. The amount of insurance required
hereunder shall be S 1,000,000.00.
The Consultant shall also carry automobile liability insurance against all claims for
injuries against persons or damages to property arising out of the use of any
automobile by the Consultant, its officers, anyone directly or indirectly employed by
the Consultant. The automobile insurance policy shall be primary for losses arising
out of Consultant's performance hereunder and neither the City nor its insurers
shall be required to contribute to such loss. A certificate evidencing the foregoing
shall be delivered to and approved by the City prior to commencement of the
services hereunder.
The Consultant shall defend, indemnify and hold harmless the City, its officers,
officials, employees, representatives and agents, ("City indemnities-", from and
against any and all actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorneys' fees, for injury to or death of
personls), for damage to property (including property owned by the City) ("Claims")
and for errors and omissions committed by Consultant, its officers, anyone directly
or indirectly employed by Consultant, except to the extent of such Claims as may
be caused by City's sole negligence or willful misconduct, or that of its officers or
employees. In the event the City indemnities are made a party to any action,
lawsuit, or other adversarial proceeding in any way involving such Claims, the
Consultant shall provide a defense to the City indemnities, or at the City's option,
reimburse the City indemnities their costs of defense, including reasonable
attorneys' fees, incurred in defense of such claim. In addition the Consultant shall
be obligated to promptly pay any final judgment or portion thereof rendered against
the City indemnities.
The City may at any time, for any reason with or without cause suspend or
terminate this agreement upon the issuance of a ten (10) day notice by the City.
Upon receipt of such notice, the Consultant shall cease all work under this
Agreement. The City shall pay the Consultant for services performed up to the
time of termination.
This Agreement shall commence on January 21, 2009 and shall remain and
continue in effect until tasks are completed or it is terminated, but no later than
March 13, 2009, without written approval of the City Manager.
Should you find this Agreement acceptable, please sign both original copies where
indicated below and return to me. An original fully-executed copy of this
Agreement will be forwarded to you.
Mr. Robert Marra, Wheeler's Market Intelligence
Professional Services Contract
January 21, 2009
Page 3 of 3
S^incerely,
THOMAS P. GENOVESE
City Manager
APPROVED AS TO FORM:
. K HERIN J I SON
City Attorne
ATTE
VERONIC ;MONTECINO
City Clerk
AGREED AND ACCEPTED:
ROBERT MA RA
Dated: O~ Z3 Zoo
Its
President
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W~, "WHEELER'S
Markel Intelligence for the Coachella Valley
Document of Understanding for the City of La Quinta Visitor Profile Study
This Document of Understanding (DOU) is between the City of La Quinta (the City)
and Wheeler's Market Intelligence (Wheeler's). Both parties agree to the following terms and
conditions for the specific purpose of conducting a study designed to gather information about
visitors who attend the 2009 Bob Hope Chrysler Classic at the La Quinta based courses.
Terms and Conditions
• Wheeler's agrees to conduct a visitor profile survey among approximately 200
randomly selected visitors who attend the SilverRock Resort and PGA West courses in
La Quinta during the 2009 Bob Hope Chrysler Classic golf tournament;
• Wheeler's will provide the City with a draft survey questionnaire from which the final
survey instrument will be created and approved by the City;
• Wheeler's will coordinate the gathering of names and a-mail addresses of randomly
selected visitors via face-to-face intercept surveys from Wednesday, January 21, 2009
through Sunday, January 25, 2009;
• The Rose Institute of State and Local Government, a subcontractor to Wheeler's, will
conduct the surveys via a-mail surveys;
• Wheeler's will prepare and present to the City a drab executive summary report of
findings of the survey by Friday, February 27, 2009. Wheeler's will submit the final
report within five (5) working days after receipt of City's written comments.
Representatives from Wheeler's and The Rose Institute will make a presentation of the
findings to the City of La Quinta staff and/or City Council at the appropriate time after
distribution of the report;
• The City agrees to pay Wheeler's $10,000 for the full project. Fifty percent ($5,000) of
the project fee will be invoiced upon the commencement of the project and fifty percent
($5,000) upon approval of the final report of findings (both invoices are due upon
receipt);
• Wheeler's and The Rose Institute agree that the City is the sole owner of all data
collected. In addition, both parties agree not to disclose any survey results, findings,
customer lists or other information obtained from this survey directly or indirectly,
under any circumstances or by any means, to any third party without the consent of the
City, and
• The City understands that the use of and reliance on the information gathered is at their
own risk and discretion. The City further agrees not to hold Wheeler's or The Rose
Institute liable for any damages resulting from mistakes, omissions, errors, delays or
other defects in the information provided or for any performance defect due to
circumstances beyond the control of Wheeler's or The Rose Institute.
78-370 Highway 111, Suite 250 ~ La Quinta, CA 92253
Wheeler's/City of La Quinta Visitor Profile Study
Page 2
AGREED TO and ACCEPTED BY:
Thomas Genovese, City Manager
City of La Quinta
Robert Marra, President
Wheeler's
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