2022-23 Greater Coachella Valley Chamber of Commerce - Professional Promotional ServicesMEMORANDUM
DATE:
TO:
FROM:
RE:
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
___ Approved by City Council on ___________________________________________
___ City Manager’s signing authority provided under the City’s Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
___ Department Director’s or Manager’s signing authority provided under the City’s
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ Sole Source ___ Select Source ___ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
___ Agreement payment will be charged to Account No.: _____________________
___ Agreement term: Start Date ________________ End Date ________________
___ Amount of Agreement, Amendment, Change Order, etc.: $____________________
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
___ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: ______________________________ Date: _______________
___ Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
___ Business License No. __________________; Expires: __________________
___ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
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. 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 November 8, 2022 General Election. 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 campaign" in favor 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,
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.
a.0 ADDITIONAL PROVISIONS.
a.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.
a.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.
a.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.
a.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).
a.5 No waiver of any term or condition of this MOU shall be a continuing waiver thereof.
a.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]
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.Two (2) full pages of recycling content, twelve (12) months
iii.Layout and design for all content
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
3.15th Annual Hot Rod & Custom Car Show Sponsorship
a.Community Event: annual car show at La Quinta Community Park.
i.Projected event parameters 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)
4.Business Development
a.Business Outreach/Services
i.Ombudsman-like Services
ii.Strategic Advertising/PR
iii.Regional Investment
iv.Workforce and Business Development
v.Data Collection of City’s Businesses
Grand Total: $125,000
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.
City of La Quinta
CITY COUNCIL MEETING: June 21, 2022
STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
RECOMMENDATION
Approve a Memorandum of Understanding with the Greater Coachella Valley
Chamber of Commerce; and authorize the City Manager to execute the
document.
EXECUTIVE SUMMARY
•The City has had annual services agreements with the La Quinta
Chamber of Commerce or the Greater Coachella Valley Chamber of
Commerce (Chamber) since 1991 to support business development,
retention, and tourism.
•Per the proposed Memorandum of Understanding (MOU) (Attachment 1)
the City would assist in funding State of the City, Hot Rod & Custom Car
Show, and business engagement for approximately $33,000.
•The Gem will be distributed monthly to residents and businesses in La
Quinta with a $92,000 budget for 6 pages of exclusive City content and 2
pages of educational material related to Senate Bill 1383 (California’s
Short-Lived Climate Pollutant Reduction) regulations for a total of 8
pages.
FISCAL IMPACT
The 2022/23 Budget would allocate $102,000 for Chamber services in
the Marketing & Tourism account (101-3007-60461) and $23,000 from AB
939 account (221-0000-60127) for a total of $125,000. This is a $29,800
increase from the 2021/22 MOU.
BUSINESS SESSION ITEM NO. 4
325
BACKGROUND/ANALYSIS
The MOU would be managed by the City Manager’s office. The scope of work
includes:
1. The Gem Newsletter
a. Monthly Community newsletter circulated by mail to approximately
23,000 residences and businesses within La Quinta 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. Two (2) full pages of recycling content, twelve (12)
months
iii. Layout and design for all content
2. State of the City
a. Presentation by Mayor and Council of city progress and on-
going development efforts
b. Mayor and Council 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
3. 15th Annual Hot Rod & Custom Car Show Sponsorship
a. Community Event: annual car show at La Quinta Community
Park.
i. Projected event parameters 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)
4. Business Development
a. Business Outreach/Services
i. Ombudsman-like Services
ii. Strategic Advertising/Public Relations
iii. Regional Investment
iv. Workforce and Business Development
v. Data Collection of City’s Businesses
326
ALTERNATIVES
Council may choose to make modifications to the scope and/or funding levels.
Prepared by: Marcie Graham, Marketing Manager
Approved by: Gil Villalpando, Director
Attachment: 1. Memorandum of Understanding with the Greater Coachella
Valley Chamber of Commerce
327