2020-21 Greater Coachella Valley Chamber of Commerce - Professional Promotional ServicesTO:
FROM:
DATE:
RE:
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GEN1 ofrbt DESERT' —
MEMORANDU
Jon McMillen, City Manager_-��
Marcie Graham, Marketing Manager I
June 10, 2020
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Greater Coachella Valley Chamber of Commerce MOU FY 20/21
Attached for your signature.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items_ below as appropriate:
X Contract payments will be charged to account number: 101-3007-60461
X Amount of Agreement, Amendment, Change Order, etc.: $95,200
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
N/A 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).
Authority to execute this agreement is based upon:
N/A Approved by the City Council on May 5, 2020
N/A City Manager's signature authority provided under Resolution No. 2019-021 for budgeted expenditures
of $50,000 or less. This expenditure is $48,000 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 following required documents are attached to the agreement:
9212/20 "f �rrovedq Innrancg Certs by MR i�ng on W/C enc�orseme
X n urance certl tes as re ulrgi tea regiment (approved b Ris Manager on at
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number
X 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
Revised May 2017
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA QUINTA AND
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
This Memorandum of Understanding ("MOU") is made by and between the CITY OF LA
QUINTA, a California municipal corporation ("CITY"), and GREATER COACHELLA VALLEY CHAMBER
OF COMMERCE ("CHAMBER" and, along with CITY, sometimes referred to as the
"parties"), with respect to the following:
RECITALS
WHEREAS, the CITY, in strategically advancing its interests, requires certain
professional promotional services rendered in coordination with the local business
community and
WHEREAS, the CHAMBER is qualified by virtue of experience, training, education,
product offering, and expertise to provide these services, and has agreed to provide same as
reflected herein;
NOW, THEREFORE, CITY and CHAMBER agree to the following:
1.0 TERM OF MEMORANDUM.
1.1 All Recitals set out above are true and correct.
1,2 This MOU is to remain in effect for 1 (one) year following its execution by the
parties to this MOU. This MOU may be terminated at any time by any of the parties to
the MOU with a 30 (thirty) day written notice to the remaining party.
2.0 OBLIGATIONS OF THE CHAMBER.
2.1 The CHAMBER will provide the services listed on Exhibit A attached and
incorporated
("CHAMBER obligations").
2.2. Notwithstanding any other provisions in this MOU, the CHAMBER shall not use,
nor may the CHAMBER authorize the use of, any funds or other subsidy (of whatever
kind) provided by the CITY pursuant to this MOU or any other agreement with the CITY,
including but not limited to any funds or other subsidies provided by the CITY for the
"CHAMBER obligations" listed in Exhibits A and "CITY obligations" listed in Exhibit B,
to advocate to any person or entity (of whatever organization whatsoever, including
but not limited to, sole proprietors, unincorporated associations, limited liability
companies, corporations, businesses and public agencies) a position or vote either in favor
of or against any measure placed on the ballot for the NovemberV 2020 General
Election, including but not limited to the measure placed on the ballot by the La Quinta
City Council asking the City's electorate to vote on a proposed 1% transactions and use
("sales") tax rate increase. It is expressly understood and agreed by the CHAMBER that,
pursuant to California law, public resources may not be used to advocate or "mount a
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campaign" in favor of or against any ballot measure.
2.3 If the CHAMBER uses or is alleged to have used, or authorizes the use of or allegedly
authorizes the use of, any funds or any other subsidy (of whatever kind) provided by the
CITY in violation of Section 2.2 above, the CHAMBER shall: (a) Immediately cease and
desist from continuing the violation or alleged violation of Section 2.2 above, (b)
Immediately use other funds or subsidies that are not provided by the CITY to pay for
or otherwise subsidize the services rendered that are, were, or alleged to have been in
violation of Section 2.2 above, (c) Immediately, without reservation or rights or
delay, return to the CITY any and all funds and other subsidies provided by the CITY for
the services rendered that are, were, or alleged to have been in violation of Section
2.2 above, and (d) Refrain from performing under this MOU, including but not
limited to refraining from performing the "CHAMBER obligations" listed in Exhibits A,
unless and until the CHAMBER complies with this Section 2.3 and the CITY authorizes in
writing the continuance of performance under this MOU. The CITY shall have no
obligation to provide any funds or other subsidies (of whatever kind) under this MOU
or any other agreement with the CITY unless and until any violation or alleged violation of
Section 2.2 above has been cured as determined by the CITY in its reasonable discretion.
The CITY shall have all rights and remedies available at law or in equity, including but not
limited to declaratory and injunctive relief, as well as the rights available under this
MOU, including but not limited to the indemnity provided in Section 4.0 below, to
enforce the provisions herein. In addition to the other provisions in this MOU, this
Section and Section 2.2 shall survive the termination or expiration of this MOU.
3.0 OBLIGATIONS OF CITY. CITY will provide the services listed on Exhibit B
attached and incorporated ("CITY obligations").
4.0 MUTUAL INDEMNITY AND RELEASE. The CITY and CHAMBER each hereby agree to
indemnify, defend, and hold harmless the other party and its officers, employees,
agents, and authorized volunteers (collectively, "Indemnitees") from and against any
and all claims, causes of action, obligations, losses, liabilities, judgments, or damages,
including reasonable attorneys' fees and costs of litigation (collectively "Claims") arising
out of and/or in any way relating to the indemnifying party's activities in the
performance of this MOU, or to the indemnifying party's acts and/or omissions in
providing or administering the same, excepting only those Claims arising out of the sole
negligence or willful misconduct of the Indemnitees. This MOU is not intended to and
specifically does not create joint and several liability.
5.0 INSURANCE. The parties agree to provide insurance in accordance with the
provisions of this Section.
5.1 CITY'S Insurance Obligation. Without limiting the indemnification provisions
provided herein, CITY, at its sole expense, shall obtain and keep in force during the term
of this MOU and any extensions thereof, a policy or policies of general liability insurance,
or equivalent thereof, covering all injuries to persons and damage to property resulting
from any actions or omissions of the CITY in accordance with the terms of this MOU. Such
policy or policies shall be issued by an insurance company licensed to do business in the
State of California and be rated A-/VIII or better by ambest.com. At the CITY's option,
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CITY shall be allowed to self -insure the insurance coverage as required above.
5.2 CHAMBER'S Insurance Obligation. Without limiting the indemnification provisions
provided herein, CHAMBER, at its sole expense, shall obtain and keep in force during the
term of this MOU and any extensions thereof, a policy or policies of general liability
insurance covering all injuries to persons and damage to property resulting from any
actions or omissions of CHAMBER in accordance with the terms of this MOU. The policy or
policies evidencing such insurance shall be endorsed to name the CITY, its officials, officers,
employees, and agents as additional insured, shall provide that same may not be
cancelled or amended without thirty (30) days prior notice to CITY, and shall provide
for a combined single limit coverage of bodily injury and property damage in the
amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall
be issued by an insurance company licensed to do business in the State of California
and be rated A-/VIII or better by ambest.com. Prior to the Commencement Date of
this MOU, and upon renewal of such policies, CHAMBER shall submit to CITY certificates of
insurance and any applicable endorsements evidencing that the foregoing policy or
policies are in effect.
6.0 ADDITIONAL PROVISIONS.
6.1 In all cases, the language in all parts of this MOU shall be construed according to its
fair meaning and not strictly for or against either party, if being agreed that the parties
or their agents have all participated in the preparation of this MOU.
6.2 This MOU contains the entire agreement of the parties with respect to the
subject matters identified in this MOU and supersedes any prior oral or written
statements or agreements between the parties with respect to the subject matters
identified in this MOU.
6.3 No termination or expiration of this MOU shall release either party from any
liability or obligation hereunder resulting from any acts, omissions or events happening
prior to the termination or expiration of this MOU.
6.4 In the event either party brings any suit or other proceeding with respect to the
subject matter or enforcement of this MOU, the prevailing party (as determined by
California law) shall, in addition to such other relief as may be awarded, be entitled to
recover reasonable attorneys' fees, expenses and costs of suit or investigation as
actually incurred (including, without limitation, reasonable attorneys' fees, expenses,
and costs incurred in establishing the right to indemnification).
6.5 No waiver of any term or condition of this MOU shall be a continuing waiver thereof.
6.6 This MOU is not intended to and does not create any partnership or joint venture
between the parties, and each party remains an independent contractor as to the other.
Each party shall bear its own liability and there is no joint and several liability as a result
of this MOU.
[signature on following page]
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IN WITNESS WHEREOF, CITY and CHAMBER have executed this MOU as
evidenced by the signatures contained below:
CITY OF LA QUINTA:
�r
By:
]Qn-McMillen
City Manager
Dated: I
ATTEST:
By:
_7p4bU4 —
Monika
Radeva
City Clerk
APPROVED AS TO FORM:
William H. Ihrke
City Attorney
GREATER COACHELLA
VALLEY CHAMBER OF
COMMERCE:
By:
Joshua Bonner
President
Dated: 6- f- Zu
ATTEST:
Bv:
Print Name & Title:
APPROVED AS TO
FORM AND CONTENT:
Bv:
Print Name &Title:
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EXHIBIT "'A"
Obligations of CHAMBER
1. The Gem Newsletter
a. Community Newsletter with circulation by mail of approximately 23,000
residences and businesses within La Quinta with a monthly frequency and
includes digital format and distribution (i.e. email blasts, social media)
b. City reserves the option to purchase ad space with exclusive pricing that
includes:
i. Six (6) full pages of content, twelve (12) months
ii. Layout and design for all content
Total Cost: $82,450
2. State of the City
a. Presentation by Mayor and Council of city progress and on -going
development efforts.
b. Mayor and Council will also present business awards as determined by a
process agreed to by both parties.
c. GCVCC would stage this annual event; city staff would design and
approve format and content
Total Cost: $8,000
3. 14th Annual Hot Rod & Custom Car Show Sponsorship
a. Community Event: annual car show at La Quinta Community Park.
i. Projected eventparameters include:
a. 80-150 vehicle entries;
b. 8-25 food/retail vendors and alcohol sales;
c. Live entertainment during the event; and
d. La Quinta auto dealership inclusion.
b. City Title Sponsorship, which includes: event materials branding (both print
and digital), press release inclusion, and drive market promotion (in San Diego
and Orange Counties)
Total Cost: $4,750
4. Dinner Under the Glow
a. Community Event: hot air balloon event with dinner at SilverRock event site.
b. City Sponsorship, which includes event materials branding (both print and
digital), press release inclusion, and drive market promotion (in San Diego
and Orange Counties)
Total Cost: $0
Grand Total: $95,200
CHAMBER shall submit monthly invoices to CITY. Such invoices shall be reviewed
by a principal member of CHAMBER specifying that the payment requested is for
work performed in accordance with the terms of this MOU. CITY will pay CHAMBER
for all expenses stated thereon which are approved by CITY and in accordance with
this MOU no later than thirty (30) days after invoices are received by the CITY.
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EXHIBIT "B"
Obligations of CITY:
All services listed herein shall be provided in -kind only, and no additional fees or charges
have been agreed upon or associated with these services.
1. The Gem newsletter
a. Select twelve (12) months where CITY information will be featured
b. Provide content and articles for six (6) pages at the sole discretion of the
CITY
c. Add monthly Gem newsletter links to municipal website
(www.laquintaca.gov) and tourism website (www.playinlaguinta.com)
2. State of the City
a. City would provide and design concept and theme of program
b. City would promote and market event on social media platforms as
well as municipal website (www.laquintaca.gov) and tourism website
(www.playinlaquinta.com)
3. 14th Annual Hot Rod & Custom Car Show
a. Provide printed marketing collateral
b. Provide promotion as a calendar item on the municipal website
(www.laquintaca.gov), and as a calendar item on the tourism website
(www.playinlaquinta.com), and will "share" the event on Facebook and
Twitter
c. Provide use ofthe mobile stage (including): delivery within La Quinta city
limits, setup, striking, and removal
4. Dinner Under the Glow
a. Provide SilverRock event site as location for event
b. Provide promotion on the municipal website (www.laquintaca.gov),
and as a calendar item on the tourism website
(www. la inla uinta.com), and will "share" the event on Facebook and
Twitter
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