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CC Resolution 2024-005 Sponsorship PolicyRESOLUTION NO. 2024 — 005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A SPONSORSHIP POLICY WHEREAS, sponsorship policies provide guidelines to City employees for the consideration and acceptance of sponsorship opportunities; and WHEREAS, the City Council finds it appropriate to establish a sponsorship policy to create uniform guidelines for vetting sponsorship opportunities pertaining to City events and programming, City projects, and City sites; and WHEREAS, the sponsorship policy details the criteria and eligibility requirements for potential sponsors; and WHEREAS, said policy shall be adopted by resolution; and WHEREAS, the ability to accept, deny, or modify sponsorships are acts taken solely for the common benefit of the City and its citizenry. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Sponsorship Policy attached hereto as Exhibit A, and incorporated herein by reference, shall govern the consideration and vetting of sponsorship opportunities in a matter that is for the common benefit of the City. SECTION 2. This Policy, as applicable shall constitute the procedures and rules governing the consideration of sponsorship requests. SECTION 3. Severability. If any provision of this Resolution or the application therefore to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end of the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 4. This Resolution shall become effective upon its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of February 2024, by the following vote: Resolution No 2024 — 005 Sponsorship Policy Adopted: February 20, 2024 Page 2 of 8 AYES: Councilmember Fitzpatrick, McGarrey, Pena, Sanchez and Mayor Evans NOES: None ABSENT: None ABSTAIN: None ATTEST: f MONIKA RAD EIVA,Clerk City of La Quinta, Ci ornia APPROVED AS TO FORM: WILLIAM H. IHR E, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California Resolution No. 2024 — 005 EXHIBIT A Sponsorship Policy Adopted: February 20, 2024 Page 3 of 8 CITY OF LA QUINTA SPONSORSHIP POLICY 1. POLICY 1.1 The City of La Quinta (City) considers Sponsors that assist the City in: a. Meeting community needs; b. Protecting public interests in the short and long term; c. Supporting community programs and events; d. Improving City facilities and/or parks; e. Providing opportunities that are open and accessible to all citizens of La Quinta; and f. Meeting City strategic plans, mission, core values, and priorities. 1.2 Sponsorships may be financial (providing funds to the City) or in-kind (providing products or services to the City), in exchange for tangible and/or intangible benefits to the sponsor. 1.3 Financial and in-kind sponsorships are appropriate for three broad types of City activities and amenities: a. Events and Programs Sponsorship — City -organized or events/programs occurring on City property (e.g., sponsor for X -Park event, Concert Series, or Wellness Center programs). b. Projects — Specific City -sanctioned project (e.g., donation for a new splash pad). c. Site sponsorship — Specific City facility, park, amenity, or feature (e.g., funding or equipment for a Wellness Center computer lab). 1.4 Advertisement may be available through a Sponsorship Agreement, or through limited advertising opportunities in certain City publications. 1.5 Sponsorship association with the City may not be utilized to the advantage of the sponsor in any competitive bidding, contract, or other City related activity. The City shall strive to ensure all entities and individuals that meet defined criteria have equal opportunities to provide sponsorships. 1.6 Acceptance of a sponsorship by the City does not constitute nor imply endorsement of any individual, entity, or product by the City of La Quinta. 1.7 Any revenue generated through event or program sponsorships should contribute directly to offsetting event or program costs to the City. Resolution No. 2024 — 005 Sponsorship Policy Adopted: February 20, 2024 Page 4 of 8 1.8 The Sponsoring agency or individual must not grant a personal benefit, directly, or indirectly, to any particular individual City officer or employee. 1.9 No materials, communications, or advertisements including, but not limited to, print, signage, video, internet, broadcast, or display items developed to promote or communicate the sponsorship, may use the City's name, seal, or logo without express prior written approval of the City. 1.10 Sponsorships must not discriminate against any person on the basis of race, color, creed, religion, sex, including gender identity and expression, sexual orientation, age, marital status, ancestry, national origin, disability, or any other classification protected under applicable state or federal laws. 1.11 Sponsorship recognition, signage, branding, publicity, and advertising in conjunction with the Sponsorship Agreement must not contain the following: a. Obscenity; b. Pornography; c. Incitement to imminent lawless action; d. Speech presenting a grave and imminent threat; e. Fighting words; f. Fraudulent material; g. True threats; h. Defamatory, libelous, or slanderous material; i. Solicitations to commit, or speech integral to, criminal conduct; j. The promotion of drugs, cannabis, alcohol, tobacco, gambling, or adult entertainment; k. Political campaign speech, or speech that supports or opposes or appears to support or oppose a ballot measure or initiative, or refers to any person in or campaigning for public office; or I. Religious speech that advocates or opposes a religion or religious belief in violation of applicable federal or state laws. 1.12 The City retains its rights and discretion to exercise full control over the placement, content, appearance, and wording of sponsorship recognitions, affiliations, signage, and messages. 2. DEFINITIONS 2.1 Sponsor: any entity or individual that meets eligibility requirements under this policy and is subject to a specific sponsorship agreement with the City. Resolution No. 2024 — 005 Sponsorship Policy Adopted: February 20, 2024 Page 5 of 8 2.2 Sponsorship: financial or in-kind gift to the City from an entity or individual for a specific program, event, project, or site in exchange for tangible and intangible benefits to the sponsor, as designated by agreement. Sponsorship does not include grants, unsolicited donations, or any exchange for funds, goods or services not designated by a specific sponsorship agreement. 2.3 Advertising: signage or content created by the entity or individual to promote a product or service (placed in a purchased space as designated by agreement). Paid advertising space may be available in certain City printed materials and publications. 2.4 Temporary advertising: temporary display of corporate logos, branding or advertising copy at a City event or on related materials associated with an event or program, as designated by agreement. 2.5 Events: Large-scale activities for the benefit of the public, organized by the City and/or held on City property, usually a single annual event or annual series. 2.6 Programs: Groups of services or activities developed and implemented by City programming staff at City sites. 2.7 Projects: one-time City efforts, often with a product or defined end -result. 2.8 Sites: specific places, varying in scale from individual features or areas to an entire park or facility. 2.9 Marketing benefits: opportunities provided to the sponsor for temporary visibility of branding, products, name and logo on City property and/or materials. 2.10 City: The City of La Quinta, California 3. ELIGIBILITY 3.1 The City reserves the right to decline any request for Sponsorship if acceptance is determined not to be in the best interest of, or would create a conflict of interest for, the City, or would otherwise be in violation of any applicable federal, state, or local law. This includes events and programs that conflict with or are duplicative of events and programs already offered by the City. 3.2 Individuals, organizations and businesses generally ineligible for sponsorships include: a. Individuals or entities whose revenue is substantially derived from the sale of alcohol, illegal drugs or illegal drug paraphernalia, firearms or weapons, tobacco products, cannabis, gambling, or sexually explicit materials; Resolution No. 2024 — 005 Sponsorship Policy Adopted: February 20, 2024 Page 6 of 8 b. Individuals or entities that promote adult-oriented businesses; c. Individuals or entities with the intent to act on behalf of, in support of, or in opposition to any political candidate or ballot measure or advocate a political position; and d. Individuals or entities that would be prohibited from receiving a financial or in-kind gift from the City pursuant to any applicable federal, state, or local law or regulation, court order, or administrative decision. 3.3 Agreements with charitable, religious, and other public welfare organizations and entities shall be considered, provided that such agreements with any charitable, religious, or other public welfare organization comply with applicable federal and state laws and regulations, including the City's obligation to comply with the constitutional requirement not to endorse any religion, convey or attempt to convey a message that a particular religion is favored or preferred, or promote one religion or religious theory against another. 3.4 Nothing in this policy is intended to convert City events into public forums of general speech and/or public expression, except as otherwise provided by law. To the extent any City event, site, project, or program is designed for a specific purpose or specific public message, such event, site, project or program shall remain a non-public forum subject to the City's exclusive use and control. Nothing in this policy is intended to prevent or limit the City from engaging in "government speech," with which the City must be able to promote programs and espouse policies in the public interest. 4. SOLICITATION OF SPONSORS AND ADVERTISERS 4.1 City Staff, designated by the City Manager, may seek sponsorship opportunities. 4.2 Site and project sponsorship opportunities will vary, and agreements are subject to approvals pursuant to City law and policy. 4.3 Event and program sponsorship opportunities, including sponsorship levels and fees, may be tailored to each specific event and program. 4.4 The City may hire a third party to solicit sponsors. 4.5 The Mayor, City Council members, and appointed Board and Commission members are prohibited by law from soliciting sponsorships and shall not engage in any conduct to solicit sponsorships. Resolution No. 2024 — 005 Sponsorship Policy Adopted: February 20, 2024 Page 7 of 8 4.6 The City may seek advertisers of products or services. Availability maybe limited, and placement will be considered based on: a. Suitability of advertiser for the location selected. b. Location of advertiser, with priority given to La Quinta-based organizations and businesses. c. Standardized notification to the public, applicable to all sponsors, for the promotion of the selected sponsors (e.g., "This City event is sponsored by , located at "). 5. SPONSORSHIP AGREEMENTS — CONTENT 5.1 The City will enter into Sponsorship Agreements with potential sponsors. These Agreements shall be approved as to content by the City Manager and approved as to form by the City Attorney, and shall include, at the minimum, the following: a. A detailed description of the sponsor's and City's obligations; b. A detailed description of benefits based on program sponsorship level; c. Terms and conditions, such as a temporary fully revocable license, for a sponsor to use the City's logo on sponsor's promotional materials; d. Conditions for termination of the Agreement; and e. Insurance requirement in accordance with City policy. 6. SPONSORSHIP AGREEMENTS — REVIEW AND APPROVAL 6.1 Naming Rights and Sponsorship Agreements of $50,000 or above will first be reviewed by City Staff with recommendations being forwarded to City Council for approval. 6.2 Agreements with proposed funding of less than $50,000 require City Manager (or designee) approval. 6.3 The following criteria shall be considered when reviewing potential sponsorships and benefits to the sponsor: a. Compatibility of prospective sponsor's products, services, and marketing goals with the proposed City site, event, program, or project; b. Awareness of the City's current priorities, programs, and core services, as defined in the City's budget or other planning documents; Resolution No. 2024 — 005 Sponsorship Policy Adopted: February 20, 2024 Page 8 of 8 c. Compatibility and compliance of sponsorship (including marketing/advertising materials) with design standards or visual integrity of City facilities and/or events as defined in the City's Logo Policy, Zoning Code, Municipal Code, Naming Policy, and the City's Brand Guidelines; d. Balance of tangible and intangible benefits between the sponsor and the City.