2023-24 Greater Coachella Valley Chamber of Commerce - Professional Promotional ServicesMEMORANDUM a,Q"&a
CALIFORNIA
DATE: 6.21.2023 _z
TO: Jon McMillen, City Manager
FROM: Marcie Graham, Marketing Manager
RE: Memorandum of Understanding for FY 23/24 with the Greater Coachella Valley
Chamber of Commerce
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:
IV] Approved by City Council on June 20, 2023 - C13; June 6, 2023 - B2
F-1_ 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 1-1 RFP n RFQ E_ 3 written informal bids
QSole Source 11 Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as auuronriate:
�✓ _ Agreement payment will be charged to Account No.: 101-3007-60461
❑✓u Agreement term: Start Date 7.1.2023 End Date 6.30.2024
Fv L Amount of Agreement, Amendment, Change Order, etc.: $173,585
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
❑✓
MM
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: myC01 in progress Date: 6/21 /2023
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)
LJ_
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 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 This MOU is to remain in effect for 1 (one) yearfollowing 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 bythe CITY pursuanttothis 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, 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 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, anyfunds 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 totheCITYanyandallfunds
and othersubsidies provided bythe CITYforthe 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 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-NII 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-NIII 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 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).
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]
IN WITNESS WHEREOF, CITY and CHAMBER have executed this MOU as
evidenced by the signatures contained below:
CITY OF LA QUINTA:
By:
��} cMillen
City Manager
Dated: �U
ATTEST:
By; v 6/28/2023
Monika Radev
City Clerk
APPROVED AS TO FORM:
William H. Ihrke
City Attorney
GREATER
COACHELLA VALLEY
CHAMBER OF
COMMERCE:
l
By�
Brandon Marley
President
Dated. 6 V—Z -3
ATTEST:
By
Print Name & Title:
APPROVED AS TO
FORM AND CONTENT:
Bv:
Print Name &Title:
FXHIRIT 00A"
Obligations of CHAMBER
1. 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. Cityreserves theoptiontopurchase adspace withexclusive 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: $7,500
2. State of the City - $15,000
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 CarShow Sponsorship - $10,000
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. 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: $173,589
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.
435
CONSENT CALENDAR ITEM NO. 13
City of La Quinta
CITY COUNCIL MEETING: June 20, 2023
STAFF REPORT
AGENDA TITLE: APPROVE ADDITIONAL FUNDS FOR FISCAL YEAR 2023/24
MEMORANDUM OF UNDERSTANDING WITH THE GREATER COACHELLA VALLEY
CHAMBER OF COMMERCE
RECOMMENDATION
Approve additional funds for Fiscal Year 2023/24 Memorandum of Understanding with
the Greater Coachella Valley Chamber of Commerce; and authorize the City Manager to
execute the document.
EXECUTIVE SUMMARY
• On June 6, 2023, Council approved the Fiscal Year (FY) 2023/24 Memorandum of
Understanding (MOU) with the Greater Coachella Valley Chamber of Commerce
(Chamber) on June 6, 2023, for $166,089.
• Staff did not include the cost for the proposed digital version of The Gem priced at
$7,500 and seeks Council approval to increase FY 2023/24 not to exceed amount
of the MOU from $166,085 to $173,589.
FISCAL IMPACT
FY 2023/24 Budget would allocate funds for Chamber services in the Marketing &
Tourism account (101-3007-60461) and from AB 939 Recycling Solutions account (221-
0000-60127). If the digital version of The Gem is approved, the printing and distribution
options will be as follows, for a total not to exceed amount of $173,589 for FY 2023/24:.
Chamber Design, Print
and Postage Cost
City Pages Cost
0 36 pages for 9 months
o Total per issue: $12,232
o Qty: 21,000
(General: $10,232 & AB 939: $ 2,000)
o Total Cost for 9 months: $110,088
(General: $92,088 & AB 939: $18,000)
0 32 pages for 3 months
o Total: $7,667 per issue
o Qty: 16,000
(General: $5,667 & AB 939: $2,000)
o Total Cost for 3 months: $23,001
(General: $17,001 & AB 939: $ 6,000)
Total: $7,500 one-time cost in FY 2023/24
o Digital Gem
427
(Annual Maintenance at $1,000 will apply starting
FY 2024/25)
o Events & Business
Engagement (State of the o Total Annual Cost: $33,000
City, Hot Rod Car Show,
Monthly Business Outreach)
o Total Annual Cost for MOU: $173
BACKGROUND/ANALYSIS
On June 6, 2023, Council approved the MOU with the Chamber for FY 2023/24 for a
total not to exceed amount of $166,089.
Staff is also proposing to create a digital formatted version of The Gem that can include
unlimited City content and stories that would be posted to both the City website as well
as the Chamber website. The addition of the digital version would also allow the City and
Chamber to include content throughout the month. A QR Code or URL would be included
in each printed issue of The Gem directing readers to the digital version.
• One time cost: $7,500 in FY 2023/24
• Annual Maintenance: $1,000 beginning with next fiscal year
The MOU would be managed by the City Manager's office. The scope of work as currently
approved includes:
1. The Gem Newsletter
a. Monthly Community newsletter circulated by mail to residences and
businesses within La Quinta and includes digital format and distribution
(i.e., email blasts, social media)
b. Monthly digital version of The Gem available online on the City's website
as well as the Greater Coachella Valley Chamber of Commerce's
website.
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:
1) 80-150 vehicle entries;
428
2) 8-25 food/retail vendors and alcohol sales;
3) Live entertainment during the event; and
4) 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 Engagement
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
Per Council's direction on June 6, 2023, the following metrics requirements have been
included in the MOU terms:
o Business Engagement will consist of at least (10) in -person business connects
per month between the Chamber and a La Quinta Business that will consist of
Chamber meeting with owner/manager/employee and confirming contact
information for that business, as well as providing resources based on the
business needs.
o The Chamber will hold at least (2) workshops for businesses in La Quinta per
year that will provide education and information for business support.
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
BUSINESS SESSION ITEM NO. 2
City of La Quinta
CITY COUNCIL MEETING: ,tune 6, 2023
STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER
COACHELLA VALLEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2023/24
RECOMMENDATION
Approve a Memorandum of Understanding with the Greater Coachella Valley Chamber
of Commerce for fiscal year 2023/24; 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 $33,000.
• The Gem will be distributed monthly to residents and businesses in La Quinta with
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 city pages.
FISCAL IMPACT
The 2023/24 Budget would allocate funds for Chamber services in the Marketing &
Tourism account (101-3007-60461) and from AB 939 Recycling Solutions account (221-
0000-60127). The fiscal impact varies based on Gem printing and distribution options.
Current breakdown is as follows:
• 32 pages
• 12 months
• Qty: 16,000 (Includes businesses and full-time resident households)
Staff is proposing three options for Council consideration:
o Option 1 — continue with The Gem printing and distribution as is, a modified list of
residents that does not include P.O. boxes and seasonal, as well as all brick -and -
mortar businesses:
193
Chamber Design, Print and Postage Cost
City Pages Cost
0 32 pages
o Total: $7,667 per issue
0 12 months
- General: $5,667
o Qty: 16,000
- AB 939: $2,000
o Total Cost for 12 months: $92,000
- General: $68,000
- AB 939: $24,000
o Option 2 — expand The Gem distribution to reach all residents, including P.O.
Boxes and Seasonal and brick and mortar businesses:
Chamber Design, Print and Postage Cost
City Pages Cost
0 32 pages
o Total Per Issue: $10,573
0 12 months
- General: $8,573
o Qty: 21,000
- AB 939: $2,000
o Total Cost for 12 Months:
$126,872
- General: $102,872
- AB 939: $24,000
o Option 3 — expand City page count from 8 pages to 12 pages per month which will
change EDDM postage to Bulk Mail and Addressing. Increase distribution to all
residents including P.O. Boxes and Seasonal, including all businesses.
Chamber Design, Print and Postage Cost
City Pages Cost
0 36 pages
o Total per issue: $12,232
0 12 months
- General: $10,232
o Qty: 21,000
- AB 939: $2,000
o Total Cost for 12 months:
$146,779.90
- General: $122,780
- AB 939: $24,000
Staff is also proposing to create a digital formatted version that can include unlimited City
content and stories that would be posted to both the City website as well as the Greater
Coachella Valley Chamber of Commerce website. The addition of the digital version
would also allow the City and Chamber to include content throughout the month. A QR
Code or URL would be included in each printed issue of the Gem directing readers to the
digital version.
194
• One time cost: $7,500
• Yearly Maintenance: $1,000
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 and
businesses within La Quinta and includes digital format and distribution
(i.e. email blasts, social media)
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
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
195