HomeMy WebLinkAboutContract 1898 SERVICE PROVIDER AGREEMENT BY AND BETWEEN THE
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE AND THE CITY OF CATHEDRAL CITY
FY20/21
THIS SERVICE PROVIDER AGREEMENT, is made and entered into this 10th day of November,
2020, by and between the Greater Coachella Valley Chamber of Commerce, a California 501(c)(6) non-
profit corporation (hereinafter referred to as the "Service Provider"), and the City of Cathedral City, a
California municipal corporation (hereinafter referred to as the "City").
RECITALS:
WHEREAS, the Service Provider proposes to provide Visitor Center services, business retention
and expansion, cooperative marketing programs, and general support for the City, as well as traditional
functions of the Chamber; and
WHEREAS, the City can benefit from the services offered by the Service Provider, on an
independent contractor's basis, as outlined in the Scope of Services, attached hereto as Exhibit "A"; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS AND PROMISES
CONTAINED HEREIN, AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF
WHICH IS HEREBY ACKNOWLEDGED,THE PARTIES AGREE AS FOLLOWS:
Section 1. RECITALS AND TERM OF AGREEMENT
The recitals set forth above are true and correct and are hereby incorporated into this Agreement
by this reference as though set forth herein. This Agreement shall be for a term of twelve (12) months,
commencing on July 1, 2020.
Section 2. SCOPE OF SERVICES
The Service Provider shall provide to the City those services as set forth in the "Scope of Services",
attached hereto as Exhibit "A" and incorporated herein by this reference, as though set forth at length.
The Service Provider shall at all times during the term of this Agreement perform the services described
in this Agreement as an independent contractor. Service Provider acknowledges that Scope of Services is
intended to increase its membership and maximize benefits to the City in exchange for the funds received
from the City.
Section 3. COMPENSATION AND PAYMENT SCHEDULE
The City shall compensate the Service Provider a total amount of$17,200 (seventeen thousand,
two Hundred Dollars) for the services rendered by the Service Provider pursuant to Exhibit "B" attached
to this Agreement. Payment shall be provided upon satisfactory submission by the Service Provider of the
Quarterly Scope of Service Activity Report and Quarterly Budget Report as required by Section 18 of this
Agreement.
Section 4. REPRESENTATIONS AND ACKNOWLEDGMENTS REGARDING
INDEPENDENT CONTRACTOR'S STATUS OF THE SERVICE PROVIDER
A. The Service Provider represents and acknowledges the following:
(1) The City is not required to provide any training or counsel to the Service Provider
or its employees in order for the Service Provider to perform the services described in this Agreement.
Amended Chamber of Commerce Service Provider Agreement FY20/21
Page 1
(2) Performance of the services described in this Agreement does not have to be
integrated into the daily business operations of the City. Further,the services described in this Agreement
can be performed without the use of City equipment, materials, tools or facilities.
(3) Nothing in this Agreement shall be interpreted to imply that the City must
maintain any contractual relationship with the Service Provider on a continuing basis after termination of
this Agreement.
(4) The City will not be requested or demanded to assume any liability for the direct
payment of any salary,wage or other such compensation to any person employed by the Service Provider
to perform the services described in this Agreement.
(5) The Service Provider shall not at any time or in any manner represent that it or
any of its officers, employees, or agents are "employees" of the City.
B. The City represents and acknowledges the following:
(1) The Service Provider is not required to comply with daily instructions from City
staff with respect to when, where or how the Service Provider performs the services set forth in this
Agreement. The Service Provider is solely responsible for determining who, under the supervision or
direction of Service Provider, will perform the services set forth in this Agreement.
(2) The City will not hire, supervise or pay any assistants working for the Service
Provider pursuant to this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that the Service Provider
must maintain any contractual relationship with the City on a continuing basis after termination of this
Agreement.
(4) Unless deemed necessary under certain circumstances, the Service Provider is
not required to perform the services set forth in this Agreement at the Cathedral City Civic Center or on
City-owned property.
(5) Other than attendance at required public meetings and public hearings, and
complying with procedural requirements set forth by law,the Service Provider is not required to perform
the services set forth in the Agreement in any particular order or sequence.
(6) Nothing in this Agreement shall be interpreted to preclude the Service Provider
from working for other persons or firms, provided such work does not create a conflict of interest.
Section 5. NOT AGENT OF THE CITY
A. Nothing contained in this Agreement shall be deemed, construed or represented by the
City or the Service Provider or by any third person to create the relationship of principal and agent.
B. The Service Provider shall have no authority, expressed or implied,to act on behalf of the
City in any capacity whatsoever as an agent nor shall the Service Provider have any authority, expressed
or implied, to bind the City to any obligation whatsoever.
Section 6. QUALIFICATIONS AND WARRANTY
The Service Provider represents that it has obtained and will maintain at all times during the term
of this Agreement all professional and/or business licenses, certifications and/or permits necessary for
performing the services described in this Agreement. The Service Provider warrants that all services will
be performed in a competent, professional and satisfactory manner in accordance with the standards
prevalent in the industry for such services.
Amended Chamber of Commerce Service Provider Agreement FY20/21
Page 2
•.� �.�.s-= rep.e�s+»s � s+' .: .. ..-�. � � f.. .. ,.:" ... - a�.: ,:� ,4aaa!�
Section 7. FAMILIARITY WITH WORK
A. By executing this Agreement, the Service Provider warrants that (1) it has thoroughly
investigated and considered the work to be performed, (2) it has investigated the issues regarding the
scope of services to be provided, (3) it has carefully considered how the work should be performed, and
(4) it fully understands the facilities, difficulties and restrictions attending to the performance of work
under this agreement.
B. Should the Service Provider discover any latent or unknown conditions materially
differing from those inherent in the work or as represented by the City, it shall immediately inform the
City of such fact and shall not proceed, except at the Service Provider's risk, until written instructions are
received from the appropriate City representative.
Section 8. CONFLICTS OF INTEREST
The Service Provider covenants that neither its staff nor any officer has any interest, nor shall it
acquire an interest, directly or indirectly,which would conflict in any manner with the performance of the
Service Provider's services under this Agreement.
Section 9. COMPLIANCE WITH LAWS
The Service Provider shall comply with all local, state and federal laws and regulations applicable
to the services required hereunder.
Section 10. NONDISCRIMINATION
The Service Provider will comply with the City's employment-related nondiscrimination policies
as set forth in Chapter 11.88 of the Cathedral City Municipal Code, as it may be amended from time to
time.
Section 11. WORKERS' COMPENSATION INSURANCE
A. The Service Provider shall procure and maintain at its own expense, during the term of
this Agreement, workers' compensation insurance providing coverage as required by the California State
Workers' Compensation Law.
B. If any class of employees employed by the Service Provider pursuant to this Agreement is
not protected by the California State Workers' Compensation Law, the Service Provider shall provide
adequate insurance for the protection of such employees to the satisfaction of the legal counsel of the
City.
Section 12. ADDITIONAL NAMED INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent
endorsements attached thereto,the protection offered by all policies,except for Workers'Compensation,
shall bear an endorsement whereby it is provided that the City and its officers, employees, servants,
volunteers, agents and independent contractors, including without limitation, the City Manager,
Economic Development Director, Planning Department Director, Engineering Department Director
Administrative Services Director, Police Chief, Fire Chief, Communication and Events Manager, City
Engineer, and City Legal Counsel are named as additional insureds.
Section 13. WAVIER OF SUBROGATION RIGHTS
The Service Provider shall require the carriers of all required insurance policies to waive all rights
of subrogation against the City and its officers, volunteers, employees, contractors and subcontractors.
Amended Chamber of Commerce Service Provider Agreement FY20/21
Page 3
Section 14. COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE,
AND PROOF OF INSURANCE COVERAGE
The Service Provider shall procure and maintain at its own expense, during the term of this
Agreement,comprehensive general liability insurance of not less than One Million Dollars($2,000,000.00)
combined single limit per occurrence for bodily injury, personal injury and property damage.
A. The Service Provider shall secure from a good and responsible company or companies
authorized to perform insurance business in the State of California the policies of insurance required by
this Agreement and furnish to the City certificates of insurance on or before the commencement of the
term of this Agreement.
B. The certificates of insurance shall bear an endorsement whereby it is provided that, in the
event of cancellation or amendment of any required insurance policy for any reason whatsoever,the City
shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or
amendment is effective.
C. The certificates of insurance shall bear an endorsement whereby it is provided that the
respective insurance policy shall not be terminated or expire without first providing thirty (30) days'
written notice to the City of such termination or expiration.
D. The certificates of insurance shall indicate that the respective insurance policy will be
maintained throughout the term of this Agreement.
E. Within thirty (30) days of the execution of this Agreement, the Service Provider shall
furnish certified copies of all required insurance policies and endorsements.
Section 15. TERMINATION OR SUSPENSION
A. This Agreement may be terminated or suspended without cause by the City at any time
provided that the City provides the Service Provider at least ten (10) business days'written notice of such
termination or suspension.
B. This Agreement may be terminated or suspended with cause by the City at any time
provided the City provides at least (3) business days' written notice of such termination or suspension.
C. This Agreement may be terminated by the Service Provider with cause at any time
provided the Service Provider provides the City at least ten (10) business days' written notice of such
termination.
Section 16. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 17. INDEMNIFICATION
A. The Service Provider shall defend, indemnify and hold harmless the City, its officers,
employees, representatives and agents,from against those actions,suits, proceedings,claims,demands,
losses, costs and expenses, including reasonable legal costs and attorneys'fees,for any personal injuries,
deaths, property damage (including property owned by the City) and for acts committed by the Service
Provider, its officers, employees, independent contractors and agents,which may arise out of the Service
Provider's negligence in performing the services described in this Agreement unless such losses or
damages are proven to be caused by the City's own negligence or that of its officers or employees.
B. The Service Provider shall defend, indemnify and hold harmless the City, its officers,
employees, representatives and agents, from and against those actions, suits, proceedings, claims,
Amended Chamber of Commerce Service Provider Agreement FY20/21
Page 4
_ _ ��s,�� � _ . .... � .�.u .�<� �. �a ...�._ < � u �. ya ..a � � 4.'
demands, losses, costs and expenses, including reasonable legal costs and attorney's fees that may arise
out of Service Provider's actions in the discipline, suspension and/or termination against or involving any
of Service Provider's employees, independent contracts, officers and agents.
C. The City does not, and shall not, waive any rights that it may have against the Service
Provider under this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless and
indemnification provisions of this Section shall apply regardless of whether or not said insurance policies
are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described
herein.
Section 18. REPORTS AND MEETINGS
The Service Provider shall prepare and submit to the City's Economic Development Director on a
quarterly basis: (1) a detailed Scope of Service Activity Report concerning the Service Provider's
performance of the services required by this Agreement; (2) a Budget Report for the four categories of
services identified in Exhibit "A",Scope of Services; and (3) a Membership Report showing an increase or
decrease in Chamber membership and specifying which are Cathedral City-based businesses. A
City/Chamber Committee comprised of the City Manager, Economic Development and Chamber
Executive Board representatives shall also meet at these same quarterly intervals to discuss the
submitted reports.
Section 19. BUSINESS DISTRICT APPONTMENTS TO SERVICE PROVIDER BOARD
The Board of Directors for the Cathedral City Business District shall appoint three members to the
Service Provider's Board of Directors who are representative of the Cathedral City business community.
These appointments are for staggered one-,two-, and three-year terms.
Section 20. RECORDS
The Service Provider shall keep such books and records as necessary to perform the services
required by this Agreement and enable the Executive Officer to evaluate the cost and performance of
such services. Books and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principles. The City Manager or designee shall have full and free access
to such books and records at all reasonable times, including the right to inspect, copy, audit, and make
records and transcripts from such records.
Section 21. OWNERSHIP OF DOCUMENTS
A. Upon completion of any document or report required to be provided by the Service
Provider in the course of performing any of the services described in this Agreement, or upon earlier
termination of this Agreement, all completed original documents and/or reports and any designs,
drawings,calculations,diskettes, computer files, notes, and other related materials prepared or produced
in connection with such documents or reports shall be considered the joint property of both the City and
the Service Provider and may be used and/or reused on any other project by the City or Service Provider
without the permission of either the City or Service Provider.
B. All computer files produced in connection with the services described in this Agreement
shall be provided to the City in a form and format that is compatible with the City's existing computer
equipment and software.
Section 22. CONFIDENTIALITY
The Service Provider and the City shall work together in identifying certain
drafts/documents/reports prepared by the Service Provider for the City, which shall be kept strictly
Amended Chamber of Commerce Service Provider Agreement FY20/21
Page 5
,: ...
:�.,.e, ri ,. .., , . � ., Y�,.., �_ ,�..�,_ ,,_��_ �.u. _:�_.,,F ,..� ._ _n ,. _. .�. _,�_� ��«
confidential until such time the City authorizes the release of said information. The Service Provider shall
not disclose to any other entity or person any information regarding the activities of the City except as
required by law or as authorized by the City. All financial reports provided by the Service Provider to the
City shall be deemed confidential and shall not be released publicly without prior written approval of the
Service Provider or as required by law.
Section 23. PRINCIPAL REPRESENTATIVES
A. The Executive Officer or Chairman of the Board are designated as the principal
representatives of the Service Provider for purposes of communicating with the City on any matter
associated with the performance of the services set forth in this Agreement. The Economic Development
Director shall be the principal representative of the City for purposes of communicating with the Service
Provider on any matter associated with the performance of the services set forth in this Agreement.
B. Either party may designate another individual as its principal representative by giving
notice of such designation to the other party.
C. It is expressly understood that the experience, knowledge, capability and reputation of
the foregoing principals shall be responsible during the term of this Agreement for directing all activities
of the Service Provider and devoting sufficient time to personally supervise the services hereunder.
Section 24. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.
Section 25. ENTIRE AGREEMENT
A. This Agreement supersedes any and all other agreements, either oral or written, between
the City and the Service Provider with respect to the subject matter of this Agreement.
B. This Agreement contains all of the covenants and agreements between the parties with
respect to the subject matter of this Agreement and each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements have been made by, or on behalf of, any party
except those covenants and agreements embodied in this Agreement.
C. No agreement, statement, or promise not contained in this Agreement shall be valid or
binding.
Section 26. NOTICES
A. Any notice to be provided pursuant to this Agreement shall be in writing, and all such
notices shall be delivered by personal service or by deposit in the United States mail, certified or
registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City: Economic Development Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Service Provider: President/Chief Executive Officer
Greater Coachella Valley Chamber of Commerce
82-921 Indio Boulevard
Indio, CA 92201
B. Notices, payments and other documents shall be deemed delivered upon receipt by
personal service or as of the second (2"d) day after deposit in the United States mail.
Amended Chamber of Commerce Service Provider Agreement FY20/21
Page 6
�,� �__ ..,__e. _.. .._ , . '� _._ ,r . ...a � ,..�_a � .___ _ ,_..�.. ..,�. a.�._ .�,_.,�,�o_�,E.���,, _r.�,�n,_�.�_��_,s.,.h..� ��.__r...,.�� �, .
Section 27. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to the Service Provider, or any
successor in interest, in the event of any default or breach by the City or for any amount which may
become due to the Service Provider or to its successor, or for any breach of any obligation of the terms of
this Agreement.
Section 28. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties
was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting
it.
Section 29. WAIVER
A. No waiver shall be binding, unless executed in writing by the party making the waiver.
B. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or
subsequent waiver of the same provision.
C. Failure of either party to enforce any provision of this Agreement shall not constitute a
waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 30 ASSIGNMENT
The experience, knowledge, capability and reputation of the Service Provider, its principals and
employees were a substantial inducement for the City to enter into this Agreement. This Agreement shall
not be assigned by either party without prior written consent of the other party.
Section 31. CARE OF WORK
The Service Provider shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work performed by the Service Provider and the equipment, materials,
papers and other components thereof to prevent losses or damages, and shall be responsible for all such
damages to persons or property until acceptance of the work by the City, except such losses or damages
as may be caused by the City's own negligence.
The performance of services by the Service Provider shall not relieve the Service Provider from
any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City when
such inaccuracies are due to the negligence of the Service Provider.
Section 32. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared
invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable
from the remainder of the Agreement and shall not affect, impair or invalidate any of the remaining
sentences, clauses, paragraphs or sections contained herein.
Section 33. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties
of the parties under this Agreement,shall be construed pursuant to and in accordance with California law.
Section 34. RIGHTS AND REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement,
the rights and remedies of the parties are cumulative and the exercise by either party of one or more of
Amended Chamber of Commerce Service Provider Agreement FY20/21
Page 7
*:�,,... - �.v..s�-ra.saaxw..d.�Xn�,-..kb .._;.,.,t.�...�._. �..__.... i_.,a_... ...,..�,. .�,.�,..a_ev,.sc...�,—....,,.....s�e,.�.�.n,.Mr..�>x.,»�.a,_.....� ktso-...r�,3,:•�,,.•:�z�wnst�`5m5t' 'as. me4u�&aY.,:a+6�z4�-..u-.:e-�F.,x��a.�M.wexcvs� �`-�;�:�, ,�x.",�'."�.
such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other party.
Section 35. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained
in this Agreement and all proceedings involving any enforcement action related to this Agreement shall
be initiated and conducted in the applicable court or forum in Riverside County, California.
Section 36. ATTORNEY'S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration
of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision
of this Agreement,the prevailing party in such suit or proceeding shall be entitled to recover its costs and
expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
Section 37. AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that they are duly
authorized to execute this Agreement on behalf of said parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
dates written above.
"City" "Chamber"
CITY of CATHEDRAL CITY, a California Greater Coachella Valley Chamber of Commerce,
municipal corporation a California non-profit corporation
By: / . • / _ -�� By:
Charles P. McClendon, City Manager osh Bonner
President/Chief Executive Officer
ATTEST:
By: 4- / . . . w.A
Tracey Mare ez, Cit Clerk
1116
APPROVED AS TO FORM:
By: /� i I Iev-
Eric S. Vail
City Attorn=y
Amended Chamber of Commerce Service Provider Agreement FY20/21
Page 8
EXHIBIT "A"
GCVCC - Scope of Services for City of Cathedral City Fiscal Year 20/21 (Amended)
A description of services provided to the City of Cathedral City (City) in addition to the
traditional functions of the Greater Coachella Valley Chamber of Commerce (Chamber).
1) VISITOR CENTER AND MARKETING:
a) Purpose: Provide information, local marketing, and support materials to the public
b) Contract cost allocation: $2,200
c) Summary:The Chamber will serve as the City's Visitor Information & Welcome Center("Center") at
a location within the City and will be responsible for marketing the City to visitors. Activities include
conveying information regarding all licensed businesses and activities within the City in a positive
and professional manner via all forms of communication. The Center may refer to a business
outside the City if no equivalent service exists within the City or if the visitor specifically requests
such information. For purposes of this Agreement, the Chamber will show no bias to Chamber
members versus other City businesses. The Chamber will maintain and make available a local
directory and information packets and provide other visitor and business assistance information
pursuant to all COVID-19 restrictions and safety precautions. The Chamber will maintain reference
materials on local and regional attractions; City services; residential, senior and affordable housing;
special events; public art; shopping and retail throughout Cathedral City; and transportation
services. Promotion of this information will be prioritized as follows:
• Cathedral City businesses and events, whether or not affiliated with the Chamber
• Non-Cathedral City businesses and events affiliated with the Chamber
• Non-Chamber businesses outside the City
The Chamber will log the number of contacts (visitors received and telephone inquiries) and the
type of information requested for inclusion in its Quarterly Activity Reports. The Chamber will notify
the City's Economic Development Department in a timely manner of inquiries of economic interest
to the City and of inquiries necessitating a response by the City.
Staffing of the Visitor Center will be left up to the discretion of GCVCC management. Any staffing will
be done in compliance with California State COVID-19 restrictions. When the Cathedral City Visitors
office is closed, all phone calls and emails will be forwarded to the main Chamber office for
immediate response. The Center may be closed for holidays*, special events, or unforeseen
circumstances. The Chamber will provide timely notification to the City's Economic Development
Department of these occurrences.
* Holidays: January 1 (New Year's Day), Martin Luther King Jr.'s Birthday, Memorial Day,July 4th
(Independence Day), Labor Day, Veteran's Day,Thanksgiving Day, Friday after Thanksgiving Day,
Christmas Day
2. ECONOMIC DEVELOPMENT:
a) Purpose:Virtual Outreach to new businesses; support existing businesses; and collect data
b) Contract cost allocation: $10,000
c) Summary:
1
��,�,���a._. _ .. � ,� _.. ...: . . � ,_ , , __ �. . . ._ _ �_,..�.. �� Hu._�.,� �.._�h_ ..�.fl,.. .__.� ..� h.�.r __....W. .� _�._� .,�,�4���r�F , .��
EXHIBIT "A"
GCVCC - Scope of Services for City of Cathedral City Fiscal Year 20/21 (Amended)
The Chamber will maintain an electronic version of the "Business Welcome Packet" comprised of a
joint letter from the Mayor and Chamber Board Chair, Chamber membership application, a
Community Profile, City business license application, and City services directory, or other material as
appropriate. The Chamber will provide these packets to the Economic Development Department
for use by the Business License division for distribution to new and renewing business license
applicants. The City will notify the Chamber of restocking needs allowing for up to 5 business days
for a turnaround.
The City will provide the Chamber with a list of new and renewing in-town, non-home-based
business license applicants on a quarterly basis. At a minimum,the Chamber will contact these
businesses via phone or email given current COVID-19 restrictions and precautions. Contacts will be
made within 45 days of notification to welcome said businesses to the Cathedral City business
community and enable the Chamber to grow its membership base. The Chamber will note each
contact for inclusion in its Quarterly Activity Reports.
The Chamber will seek input and/or conduct surveys concerning City guidelines and programs which
may impact business activities (e.g. public policies, sustainability and signage). The Chamber will
conduct up to four (4) surveys per year on behalf of the City. The results will be reported to the
City's Economic Development Department.
3) City Events:
a) Purpose: Host a virtual State of the City and enhance the City's marketing presence
b) Contract cost allocation: $2,000
c) Summary:
The Chamber will organize and host either a virtual or in-person annual State of the City address.
This State of the City address will be an opportunity for the Mayor to presentation and discuss the
City's progress and development efforts. The City will provide content for the event. The Chamber
will provide the City with sufficient notice of the specific date of the event to allow for adequate
preparation time. Additionally, the Chamber will use its monthly/or other events to provide
business support and education that includes a focus on the many Latino-owned businesses in the
City.
The Chamber will manage and fund all elements of the State of the City including marketing,
logistics, permitting, license, budget, and other components as necessary. The Chamber may keep
all profits associated with this event, including sponsorships and ticket sales, if any, to off-set other
Chamber costs.
If there is a cost associated with attending, the Chamber will provide the City with passes to the
following events:
• State of the City &Annual Community Recognition Event—24 passes
• Monthly Event (i.e., Chamber lunches)— Five passes per event
• Other Events—Five passes per event
Chamber activities will also include monthly "GCVCC Educates", business mixers and special
Chamber events. Chamber will provide timely notice, via email, to the City's Economic Development
2
¢4,:. .-s--.M�,,.....�°: „� .-�,�.�...,.�.�.__.--' ,.,... � � - .�,.M,.4.,u- _:,- ,..S M..._,.. .,., ;A.,v.�»�.�.� .a.'c&.., _s�r.«�.E�,a:.�.. .�., _�.�S-S a
EXHIBIT "A"
GCVCC - Scope of Services for City of Cathedral City Fiscal Year 20/21 (Amended)
Department of all City-related events. Business support and education will be incorporated into
these events based on an awareness of the individuals who comprise Cathedral City's business
community and its customer base. Partner with other organizations such as CVEP, SBA, and
GCVWBC to copromote non-chamber events in a timely manner in both English and Spanish.
Partnership and mutual promotion will be conducted free of charge and in a timely manner. The
City's Economic Development Department will promote Chamber events via any City's Business e-
Newsletter when sent (with flyers when provided) and conversely, Chamber will promote City
events.
If held, the Chamber will staff the information booth at the City's three annual signature events:
Balloon Festival, LGBT Days, and Taste of Jalisco. A booth will be supplied to the Chamber at no
cost, as well as other event requirements such as permits.
4) CITY PROMOTION:
a) Purpose: Create and promote a "Local First Cathedral City" program; identify business clusters; and
provide material support
b) Contract cost allocation: $3,000
c) Summary:
The Chamber will continue to promote the "Local First Cathedral City" Program by maintaining and
expanding the www.ccshoplocal.com website and local directory. This branding and marketing
campaign is intended to drive customers to City businesses and will include promotion of the
targeted website, website splash pages, other social media, print materials, and giveaways. The
Program may include local discounts when provided by local businesses.
To further promote public awareness of City businesses, the Chamber will identify and support
business clusters within the City (i.e., restaurants, hotels, and auto services). Support will include
meetings with key industry and segment leaders, website promos, visitor guides and other business
drivers.
The Chamber can be a key participant and promoter of City events.To do so,the Chamber will
monitor the City's events website (www.DiscoverCathedralCity.com) and coordinate on a regular
basis with the City's Communications and Events Manager to obtain information about these events
and to share cross-promotional information. The Chamber will also convey timely information to its
members via its social media broadcasts, email notices, and on the Chamber website regarding
roadway construction projects, utility upgrades, and other public service information it receives
from the City or other public agency.
3
.�. �p m, ,x ..t,,.`4a€:xg.,��e ,x,...xr'�>r.��.v.., ,u.....,a_„-.a.�. ,M,..:sax-.-s.,.,a..;, .. ..,as., n,.ss..,,._ z.� :: ,� �' aa4§ ai,4k.3rn. �u:- ,asHt.r�r;.;s€+.�.se ,$,�:u.' m-',s � vazu-&`: a,.�: -:
EXHIBIT "B"
GCVCC - Payment Program for City of Cathedral City Amended Fiscal Year 20/21
Section 1. Invoices
The Service Provider shall submit quarterly invoices to the City's Accounting Manager with a copy to the
City's Economic Development Department at the end of each quarter. For the purpose of this
Agreement, quarters end on:
Quarter 1 -September 30, 2020 Quarter 3 - March 31, 2021
Quarter 2 - December 31, 2020 Quarter 4-June 30, 2021
Invoices shall be submitted within thirty (30) days of the end of each quarter pending satisfactory
submittal of the Service Provider's Quarterly Scope of Service Activity and Budget Reports to the City,
and completion of the City/Chamber Quarterly Meeting.
Section 2. Scope of Services
Each invoice shall include a copy of the Scope of Services, Exhibit "A" of the Service Provider Agreement.
Section 3. Payment
The City shall pay the Service Provider within thirty (30) days of receipt of an invoice, except as
otherwise provided for herein. Payment shall be made in $4,300 installments for Quarters 1 through 4,
bringing the annual total to $17,200 unless, however, the Quarter 4 payment is adjusted in accordance
with any and all services not completed per the Scope of Services as identified in Exhibit A.
Section 4. Contested Invoices
A. Payment to the Service Provider shall not be made within the thirty (30) days of receipt
of any invoice that is contested or questioned and returned by the City with a written
explanation within the thirty (30) days of receipt of invoice.
B. The Service Provider shall provide the City with a written response to any invoice
contested or questioned, and upon request of the City, the Service Provider shall
provide the City with any and all documents related to any invoice.
Section 5. Early Termination or Suspension
A. In the event of early termination or suspension, the City shall compensate the Service
Provider for all services rendered pursuant to the Agreement up to the time of the
effective date of the early termination or suspension.
B. Compensation for services rendered in connection with a task that has not been
completed at the time of the effective date of the early termination or suspension shall
be provided to the Service Provider on a prorated basis to reflect the percentage of the
specific task that has been completed at the aforementioned time.
1