2018-19 SunLine Transit Agency MOU - Student Art Contest & Bus Wrap Sponsorshipta 0aigra
(;E\1 of rbe DESERT --
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Marcie Graham, Marketing & Communications
DATE: May 24, 2018
RE: Sunline Transit Memorandum of Understanding - Bus Wrap Sponsorship
Attached for your signature.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Reauestina deoartment shall check and attach the items below as aaoronriate:
X Contract payments will be charged to account number:101-3007-60461 (Fiscal Year 18/19)
Amount of Agreement, Amendment, Change Order, etc.: *. stC�-v
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or _ reportable interests
X A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authoritv to execute this agreement is based upon:
N/A Approved by the City Council on
X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less. This expenditure is $5,000 and authorized by City Manager [Council, Director, etc]
N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection
The followina required documents are attached to the aareement:
N/A Insurance certificates as required by the agreement (approved by Risk Manager on" " L date)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number
N/A A requisition for a Purchase Order has been prepared (amounts over $5,000)
X A copy of this Cover Memo has been emailed to Finance (Sandra)
Revised May 2017
MEMORANDUM OF UNDERSTANDING
Between
SUNLINE TRANSIT AGENCY
and
CITY OF LA QUINTA
RECITALS
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this N day of
May, 2018, ("Effective Date") by and between SunLine Transit Agency, a Joint Powers
Authority created and existing under the laws of the State of California, and having its
principal place of business located at 32-505 Harry Oliver Trail, Thousand Palms, California
92276; and City of La Quinta, having its principal place of business located at 78-495 Calle
Tampico, La Quinta, CA 92253. SunLine Transit Agency and City of La Quinta are
collectively referred to herein as "Parties".
WHEREAS, SunLine Transit Agency is the public transportation agency solely
responsible for providing safe, convenient and accessible public transportation to the
general public in the Coachella Valley of the State of California;
WHEREAS, the City of La Quinta is a municipality serving approximately 40,000
residents and governed by a city council of five members;
WHEREAS, the Parties desire to implement a bus wrap design campaign for
students of the Coachella Valley;
WHEREAS, the Parties agree that the purpose of this understanding is to educate
the youth of the Coachella Valley on environmentally friendly public transportation;
WHEREAS City of La Quinta has agreed to contribute to this campaign five
thousand dollars and zero cents ($5,000.00);
WHEREAS SunLine has agreed to include City of La Quinta's logo on all
publications and the final bus wrap for one (1) bus;
NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS PROVIDED FOR THEREIN, SUNLINE TRANSIT AGENCY AND CITY OF
LA QUINTA, HEREBY AGREE AS FOLLOWS:
1. Terms of AareemML
The Agreement shall commence on the Effective Date and shall terminate one (1) year
after the wrapped bus described in Section 2 is first put into fulltime operation.
2. ❑e%nrintion of Sponsorship.
City of La Quinta shall pay to SunLine Transit Agency five thousand dollars ($5,000). With
these funds, SunLine Transit Agency shall "wrap" one (1) forty (40) foot fuel cell bus using
conceptual drawings of students from schools in the Coachella Valley and put the wrapped
bus in fulltime operation for a period of one (1) year. The wrap shall include City of La
Quinta's logo on both sides and advertising space on the tail of the bus will be available to
City of La Quinta. The sponsorship details are incorporated by reference, and attached
hereto as Exhibit "A".
3. Interruotion of and Modification to Service.
SunLine Transit Agency shall not be liable for its inability to provide transit services, if said
inability is due in whole or in part to work stoppage, riot, civil commotion, act of God,
insufficient fuel or other resources, or other causes beyond its reasonable control. SunLine
Transit AQencv reserves the right to take the aforementioned buses temporarily out
of service when, in its sole and absolute discretion such removal from service is
awrogriate.
4. 5ionaae/Promotion/Public Information.
To the extent practical, all parties shall cooperate in the promotion of the bus wrap design
campaign, where a party has good access to communicate with students about the
campaign either in writing or in person.
5. Termination.
Any party may terminate its portion of the agreement with thirty (30) days advance notice in
writing. If SunLine Transit Agency terminates this Agreement, City of La Quinta shall be
refunded a pro rata portion of its sponsorship amount. If City of La Quinta terminates this
Agreement, City of La Quinta shall not be entitled to any refund and SunLine Transit
Agency will use commercially reasonable efforts to remove City of La Quinta's logo and
advertisements from the bus promptly thereafter.
6. Indemnification.
SunLine Transit Agency shall defend, indemnify and hold harmless City of La Quinta, their
agents, and employees from and against any and all claims, losses, damages, liability,
obligations and expenses (including reasonable attorneys' fees) for injuries to any person
(including the bus passengers or patrons), entity or property that result directly or indirebtly
from the negligent acts or omissions of SunLine Transit Agency, its officers, employees,
agents, subcontractors, or any other person acting with the express permission of SunLine
Transit Agency under the Agreement.
City of La Quinta shall defend, indemnify and hold harmless SunLine Transit Agency, its
agents, and employees from and against any and all claims, losses, damages, liability,
obligations and expenses (including reasonable attorneys' fees) for injuries to any person
(including the bus passengers or patrons), entity or property that result directly or indirectly
from the negligent acts or omissions of City of La Quinta, its officers, employees, agents,
subcontractors , or any other person acting with the express permission of that party.
7. Notices.
Any notice, request, or other communication to either Party by the other as provided for in
this Agreement shall be given in writing, and sent by: (a) hand -delivery, (b) first class
United States mail, return receipt requested, or (c) overnight delivery service, and shall be
deemed given upon actual receipt by the addressee.
Notice may also be given by email, provided the original is sent by any manner as
described above in this Section. Notices shall be addressed as follows:
If to CITY OF LA QUINTA:
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Frank Spevacek
City Manager
Telephone: (760)777-7100
Email: fspevacek@la-quinta.org
If to SUNLINE TRANSIT AGENCY:
32-505 Harry Oliver Trail
Thousand Palms, CA 92276
Attention: Eric Taylor
Deputy Chief Financial Services
Telephone: 760-343-3456 Ext.1524
Email: etavlor(cDsunline.ora
Either Party may change the recipient or address for receiving notices upon written notice
to the other party.
8. Severabiiity.
If any provision of the Agreement is determined to be invalid, illegal, or unenforceable in
any respect, such determination shall not affect any other provision hereof.
9. Riahts and Remedies.
Each of the party's rights and remedies hereunder shall be cumulative, in addition to and
not a limitation of, any rights and/or remedies provided at law, in equity, or otherwise. Any
party's failure to exercise any of its rights under the Agreement shall not constitute a waiver
of any past, present, or future right or remedy. No action or failure to act by any party shall
constitute approval of, a waiver of, or acquiescence to, a breach by any other party unless
specifically agreed in writing. Waiver by any party of any breach by any other party shall not
constitute a waiver of any other breach of the same or any other provision of the
Agreement. Acceptance of any items or services, or payment therefore, shall not operate
as a waiver of any breach.
10.Governina Law. Jurisdiction and Veniae.
The Agreement shall be governed by and construed in accordance with the laws of the
State of California. Each party agrees that all legal proceedings in connection with any
dispute arising under or relating to the Agreement shall be brought in the Superior Court of
the State of California , Riverside County.
11. Nan-assianment.
No party may assign this MOU, or any part thereof, without the written consent of each
party to this MOU.
12.Laws and Reaulations.
The Parties warrant that they shall comply with federal and state laws, including any and all
statutes, ordinances, rules, regulations, orders, and/or decrees, as the same may be
amended from time to time, enacted, or adopted, applicable to the performance of its
obligations under the Agreement.
13.Headinns.
The headings contained herein are inserted for convenience of reference only and in no
way define, limit, or extend the scope or intent of the Agreement or any provision hereof.
14.Entire Aareement.
The Agreement, including all documents incorporated therein by reference, constitutes the
entire agreement of the Parties. No oral statements or other writings may be used to
supplement, modify, or otherwise affect the provisions of the Agreement. The Parties
acknowledge that they have not been induced to enter into the Agreement by any
representations or promises not specifically stated in the Agreement. Unless otherwise
specified herein, all previous or contemporaneous proposals, promises, representations,
documents, agreements, or understandings, whether written or oral, relating to the subject
matter of the Agreement are hereby declared to be null and void and are superseded by
the terms of the Agreement. The terms and conditions of the Agreement supersede any
and all terms and conditions submitted by the Parties prior to, concurrently with, or
pursuant to the Agreement. No other terms and conditions, or changes or modifications to
the Agreement shall be binding upon the Parties unless agreed to in writing.
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their
duly authorized representative.
SunLine Transit Agency CITY OF LA QUINTA
La en L. Skiver, CEO/General Manager
Date: S , , 2018 Date:0�4 2018
Exhibit „A"
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TRANSIT AGENCY
WWW.SUN LINE. ORG
SunLine Student
Art Contest
To whom it may concern,
S,fffl1,111.P
TRANSIT A6fNCY
SunLine Transit Agency seeks your participation as a sponsor for the 3rd Annual Student Art
Contest. The art contest provides an opportunity for our local students, in grades K-5th and
6-8th, to have their artwork displayed on one of our latest Hydrogen Fuel Cell buses for a
year. One winner is chosen from each category, elementary and middle school, for a total of
two winners.
As a leader in zero emission technology, SunLine's Hydrogen Fuel Cell buses provide
environmentally conscious public transportation. As such, the art contest exposes students to
the public transit system and helps teach them about alternative fuels. To enter into the
contest, students must incorporate images of the transit system, the environment, and
Coachella Valley landmarks.
We look towards you as a leading organization in the Coachella Valley to help sponsor the
bus wraps. In return for your support, your organization's logo will be prominently featured on
both sides of the bus and space will be provided on the tail of the bus for an ad. The logo and
ad will be on the bus for one full year providing your company advertising as the bus travels
throughout the Coachella Valley. Our advertising package for a similar amount of time and
size is valued at $15,000 per bus. In addition, in partnership with your organization, we will
host an unveiling event to showcase the fully wrapped buses and our local artists. SunLine
Transit Agency will work with you to create a slogan for the bus that speaks to our
collaboration.
We are seeking sponsorship for two buses and each wrap costs $5,000. If you are interested
in sponsoring one bus ($5,000) or both (for a total of $10,000), please contact
Brittney B. Sowell at 760-343-3456 x 1003 or email bsowell ..sunline.ora.
Your sponsorship will make it possible for this contest to continue its successful tradition of
showcasing our community's young talent.
Sincerely,
Lauren Skiver
CEO/General Manager
WWW.SUNLINE.0RG
SunLine Student
Art Contest
P O R4i I^ k nib.'
LEVELS
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TRANSIT AGENCY
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TWO BUSES ........................ $10,000
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ONE BUS ....................... $5,000
• Logo prominently featured on both sides of bus for one (1) year
• Ad placement on tail of bus
• Sponsor recognition in press releases, on all art contest related documents
(including student submission form), and event coverage
Desert Hot Springs
Palm Springs
Cathedral City
Rancho Mirage
Palm Desert
Indian Wells
La Quinta
Indio
Coachella
Thousand Palms
Bermuda Dunes
Thermal
Oasis
Mecca
North Shore
WWW.SUNLINE.0RG
Sun Li ne Student
Art Contest
LOGO/AD r"CEMENT
BUS SIDE 1
BUS SIDE 2
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WWW.SUN LINE.0RG
Su n Li ne Student
Art Contest
T SPONSOR
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BUS SIDE 1
BUS SIDE 2
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TRANS/T AGENCY
WWW.SUN LINE. 0RG
SunUne Student
Art Contest
SPONSORSHIP
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TRANS/T AGENCY
Please fill out the following form to confirm your chosen sponsorship level. Completed forms can be
returned to Brittney B. Sowell, Clerk of the Board/Special Assistant to the CEO at
bsowellp,su n I i ne . ora .
CONTACT INFORMATION:
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Compa Name
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Con ct E-mailAddress
Address
SPONSORSHIP LEVEL:
$10,000 Two Buses
$5,000 One Bus
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Contact Person
Contact Phone Number
City/State/Zip Code
WWW.SUNLINE.0RG