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2024-25 Greater Coachella Valley Chamber of Commerce - Professional Promotional ServicesMEMORANDUM, DATE: May 29, 2024 TO: Jon McMillen, City Manager FROM: Marcie Graham, Marketing Manager RE: Greater Coachella Valley Chamber of Commerce MOU for FY 24/25 - Professional Promotional Services 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: JVJ_ Approved by City Council on May 7, 2024 Business No. 2 .a City Manager's signing authority provided under the City's Purchasing Police [Resolution No. 2019-021] for budget expenditures of $50,000 or less. F-1_ 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): .Q Bid _❑ RFP 0 RFQ _❑. 3 written informal bids QSole Source F] Select Source 1-1 Cooperative Procurement Reauestina deuartment shall check and attach the items below as aunrouriate: 7 Agreement payment will be charged to Account No.: 101-3007-60461_ ✓� Agreement term: Start Date 7/1/2024 _ End Date 6/30/2025 _W] Amount of Agreement, Amendment, Change Order, etc.: $ 177,339 REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! L� El NOTE: a .a Insurance certificates as required by the Agreement for Risk Manager approval Approved by: MyCO1 Compliant - Oscar Moijca Date: 5/30/2024 Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. LIC 0771832-2024. Expires: 2/28/2025 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 COACHELLAVALLEY 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 itsinterests, requirescertain 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 The term of this MOU shall be for a period of 1 (one) year commencing on July 1, 2024, through June 30, 2025 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 pursuantto 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, 2024 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 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, anyfu nds orany othersu bsidy (of whatever kind) provided bythe 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 tothe CITYanyand all funds andothersubsidiesprovided bytheCITYfortheservices rendered that are, were, or alleged to have been in violation of Section 2.2 above, and (d) Refrain from performing underthis 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 oradministeringthe 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 itssole expense, shall obtain and keep in force during theterm ofthis 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 -/VII I 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 ofthis 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 suitor 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] IN WITNESS WHEREOF, the City and Chamber have executed this MOU to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation JODl.Pd1c ILLEN, City Manager �ity of La Quinta, California Dated:_ Z ATTEST: MONIKA RADEV"ity Clerk City of La Quinta, California APPROVED AS TO FORM: Wr WILLIAM H. IHRKE, City Attorney City of La Quinta, California GREATER COACHELLA VALLEY CHAMBER OF COMMERCE andon Marley, President Greater Coachella Valley Chamber of Commerce Dated: FXHIRIT 00A" Obligations of CHAMBER t. The Gem Newsletter a. Community Newsletter with circulation by mail to 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 adspace with exclusive pricing that includes: • (9) Months at : $110,088 • 36 Pages • 12 Months • Qty. 21,000 & Bulk Mail/Addressing • (3) Months at: $23,001 • 32 Pages • 12 Months • Qty. 16,000 & EDDM Postage • Digital Version: $1,000 2. State of the City - $22,500 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 - $12,750 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. Additional audio: 6 perimeter speakers b. CityTitleSponsorship, which includes: event materials branding (both print and digital), press release inclusion, and drive marketpromotion(in San Diego and OrangeCounties) 4. Business Development - $8,000 a. Business Outreach/Services i. Ombudsman -like Services ii. Strategic Advertising/PR Regional Investment iv. Workforce and Business Development v. Data Collection of City's Businesses vi. Minimum of (10) in-person business connect type meetings per month vii. (2) Business education workshops per year for businesses Grand Total: $177,339 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. EXHIBIT "B" Obligations of CITY: All services listed here shall be provided in-kind only, and no additional fees or charges have been agreed upon or associated with these services. 1 The Gem Publication a 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 publication links to the municipal website (www.laquintaca.gov) and tourism website (www.playinlaquinta.com) 2 State of the City a City would provide and design concept and theme of program b City would promote and market on social media platforms as well as municipal website and tourism website 3 Annual Hot Rod & Custom Car Show a Provide promotion as a calendar item on municipal and tourism website and will "share" event on social media platforms BUSINESS SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: May 7, 2024 STAFF REPORT AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2024/25 RECOMMENDATION Approve a Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce for fiscal year 2024/25; and authorize the City Manager to execute the document. EXECUTIVE SUMMARY • The City has had annual service 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 $40,500. • The Gem both printed and digitally, will be distributed monthly to residents in La Quinta with exclusive City content and educational material related to Senate Bill 1383 (California's Short -Lived Climate Pollutant Reduction) regulations for a total of 12 city pages for 9 months of the year and 10 city pages for 3 months of the year for a total of $134,089. FISCAL IMPACT Fiscal Year (FY)2024/25 budget would allocate funds for Chamber services in the Marketing & Tourism Promotions account (No. 101-3007-60461) and AB 939 Recycling Solutions account (No. 221-0000-60127). The fiscal impact breakdown is as follows: State of the City $22,500 Increase $7,500 Venue rental and food cost increase Hot Rod & Custom $10,000 No Change Proposed options Car Show for elevated event Business $8,000 No Change Same as last FY Engagement The Gem $133,089 No Change Same as last FY Publication 135 The Gem Digital $1,000 Maintenance Fee Last year's set up Version fee was $7,500 TOTAL for FY $174,589 w/o 24/25 Options Option 1: LED $3,000 Additional option if LED wayfinding signage at Car council approves sign and video wall Show Option 2: $2,750 Additional option if Addition of 6 Additional audio council approves perimeter speakers. at Car Show Allocation of funds is as follows: Marketing & Tourism account (No. 101-3007-60461) _ $150,589 o Options would be allocated under Marketing & Tourism account AB 939 Recycling Solutions account (No. 221-0000-60127) _ $24,000 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 residences within La Quinta and includes digital formatand distribution (i.e. email blasts, social media) 2. State of the City a. Presentation by Mayor and Council of city progress and ongoing 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. 16th 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. CityTitle 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 136 ii. Strategic Advertising/Public Relations iii. Regional Investment iv. Workforce and Business Development v. Data Collection of City's Businesses 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 of Business and Housing Attachment: 1. Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce 137 8. APPROVE DEMAND REGISTERS DATED APRIL 12, 19, AND 26, 2024 CONSENT CALENDAR COMMENTS Mayor Evans said Consent Calendar Item No. 3 approves an agreement with St. Nicks Christmas Lighting and Decor to assist the City with the annual holiday decorating, and also provides for the purchase of a new taller holiday tree which will be in place for the 2024 holiday season. MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to approve the Consent Calendar as presented. Motion passed unanimously. BUSINESS SESSION 1. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VISUAL EDGE IT FOR MANAGED INFORMATION TECHNOLOGY SERVICES Management Analyst Kinley presented the staff report, which is on file in the Clerk's Office. PUBLIC SPEAKERS: William M. Stayart, National Director of Sales Development for Managed Services with Visual Edge IT, Maurice Wilcher, Director of Engineering, and Peter Avery, Vice President of Security — gave a brief overview of the services the company provides; and said they are grateful for the opportunity to serve the City. Council discussed trends for cyber security and ransomware attacks, related safety protocols and measures, insurance requirements, and indemnification responsibilities; importance of staff training to ensure they know what to look -out for to avoid cyber - attacks; transition timeline between the current (Acorn Technologies) and new IT vendors (Visual Edge IT); and confirmed that Visual Edge IT will support the City with the current implementation and transition to the Zoom phone system. PUBLIC SPEAKER: Amanda Maze, Branch Manager Desert Cities with Visual Edge IT — said she is the City's local contact; and explained the variety of services Visual Edge IT provides for other agencies, including other cities in the Coachella Valley. MOTION — A motion was made and seconded by Councilmembers Sanchez/Pena to approve Agreement for Contract Services with Visual Edge IT for Managed Information Technology Services; and authorize the City Manager to execute the agreement. Motion passed unanimously. 2. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE (Chamber) FOR FISCAL YEAR 2024/25 CITY COUNCIL MINUTES Page 3 of 7 MAY 7, 2024 Marketing Manager Graham presented the staff report, which is on file in the Clerk's Office. PUBLIC SPEAKER: Brandon Marley, Chamber CEO — said paper copies of the Gem are distributed to all La Quinta full-time residential households, approximately 16,000, and noted deliveries are at the mercy of the United States Postal Service, for a grand total Gem distributions average of 20,000 to 25,000 which includes La Quinta businesses and digital distributions; Gem content and ad costs; the Gem tends to generate revenues to only cover its costs; business visits / walks conducted by the Chamber; new staff coming on board — a Marketing Manager who will assist with social media efforts, the Chamber's newsletter is paired with its social media schedule, and a Membership Coordinator to assist with event scheduling and coordination; costs associated with event wayfinding signs and the Chamber's plans to improve wayfinding signage for the La Quinta Car Show event held annually at the La Quinta Community Park; and currently not considering other locations to hold the car show as it pairs and complements very well with the neighboring Old Town La Quinta businesses Council discussed the number of households in La Quinta; paper and digital Gem distributions; delays in digital Gem posting on the Chamber's website; importance of balancing Gem content and ensuring proper coverage of information and events; the City's weekly newsletter; social media; what other cities are doing; allowing public attendance at the State of the City event, without having to purchase a meal seat, and/or record and post, or livestream, Council's message delivered at the State of the City event for the public; encouraged checking on Council's availability before scheduling ribbon cuttings and mixers for La Quita businesses, so that some or all may attend and show their support and appreciation; expressed support for adding perimeter speakers at the La Quinta Car Show event as presented under Option 2 in the staff report, but did not support the addition of an LED wayfinding sign and video screen; possibly considering changing the car show venue in the future to the SilverRock Event Park when the hotels and conference center facilities are completed; and need for additional bathroom facilities at the car show. MOTION — A motion was made and seconded by Councilmembers Pena/Sanchez to approve a Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce for fiscal year 2024/25; including Option 2 as presented to add six (6) perimeter speakers at the La Quinta Car Show annual event priced at $2,750; and authorize the City Manager to execute the Memorandum of Understanding. Motion passed unanimously. 3. APPROVE COOPERATIVE AGREEMENT WITH COUNTY OF RIVERSIDE TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY SERVICES AND APPROVE COOPERATIVE AGREEMENT BETWEEN THE CITIES OF INDIO, LA QUINTA, COACHELLA, AND COUNTY OF RIVERSIDE TO SHARE THE COST OF A LADDER TRUCK COMPANY CITY COUNCIL MINUTES Page 4 of 7 MAY 7, 2024