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Wheeler's Market/BHCC Survey 09 ,~~. 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 N / ., 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 /- 28-~ 9 Date of zz z~~ Date