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1.1.13 “Homeowners Association” means an incorporated or unincorporated entity formed to manage and operate the Property as a common interest development pursuant to recorded covenants, conditions and restrictions.
1.1.14 “General Plan” means the General Plan of the City.
1.1.15 “Insubstantial Modification” shall have the meaning set forth in Section 1.6(a) of this Agreement.
1.1.16 “New Laws” means amendments or modifications to the Applicable Rules, and all ordinances, resolutions, initiatives, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees enacted or adopted after the Effective Date.
1.1.17 “Parties” means collectively Developer and City. Each shall be referred to in the singular as a “Party”.
1.1.18 “Planning Commission” means the City Planning
Commission and the planning agency of the City pursuant to California Government Code Section 65867.
1.1.19 “Project” means the development, improvement, use and operation of the Site as set forth in more detail in Section 3.1.
1.1.20 “Project Approvals” shall have the meaning set forth in Recital C.
1.1.21 “Reserved Powers” means the rights and authority excepted from this Agreement’s restrictions on City’s police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair Developer’s ability to develop the Project and/or use the Property and Site in accordance with the Project Approvals and this Agreement; provided, however, that with respect to such New Laws which would conflict with this Agreement or prevent, or materially impair Developer’s ability to develop or use the Project in accordance with the Project Approvals, such New Laws shall apply to the Project and the Site only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis in furtherance of the identified public health and safety concern (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a City-wide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the Indio Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Property or at the Site; (3) required by a non-City governmental entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non-City law or regulation would cause the City to sustain a material loss of funds or material loss
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of access to funding or other resources, with “material loss” in this clause (3) meaning One Hundred Fifty Thousand Dollars ($150,000.00) or more, as such minimum threshold amount of $150,000 may be adjusted as of January 1 of each calendar year (the “Adjustment Date”) during the Term of this Agreement by any increases in the Consumer Price Index for All Urban Consumers for the Riverside-San Bernardino-Ontario, California areas (1982-84=100) from the Effective Date to the applicable Adjustment Date) (4) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement), or (5) adopted by the City on a City wide basis and applied to the Property (and each One of the Properties) and the Site in a non-discriminatory manner that does not prevent or materially impair Developer’s ability to develop the Project and/or operate or use the Site and Project in accordance with the Project Approvals and this Agreement.
1.1.22 “Site” shall have the meaning set forth in Recital C.
1.1.23 “Site Map” means the map that shows the location of the Site (including the corresponding APNs and street addresses) and immediately adjacent properties, which is attached hereto as Exhibit B.
1.1.24 “Term” means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein.
1.1.25 “Transferee” means individually or collectively, Developer’s successors in interest, assignees or transferees of all or any portion of the Site.
1.1.26 “Uniform Codes” means those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi-state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, Uniform Plumbing Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi-state organization and which are applicable City-wide).
1.1.27 “Zoning Ordinance” means the Unified Development Code.
1.1.28 ”Transient” having the meaning set forth in Section 34.36 of the Indio Municipal Code.
1.2 Term.
The term of this Agreement shall commence on the Effective Date and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended in accordance with the express provisions of this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements.
1.3 Effective Date.
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This Agreement shall be effective, and the obligations of the Parties hereunder shall be effective, as of _________________ (“Effective Date”), which is the date that Ordinance No.__________ takes effect.
1.4 Statement of Benefits and Consideration.
1.4.1 Intent. The Parties acknowledge and agree that this Agreement confers substantial private benefits on the Developer that will place significant burdens, including both known costs and potential but currently unknown costs, on City infrastructure, services, and neighborhoods and that the private benefits provided to the Developer should be balanced with commensurate public benefits for the community (“Community Benefits”). Accordingly, City and Developer recognize and agree that but for Developer’s payments as provided herein, City would not and could not approve use of the Site for the Project as provided by this Agreement.
City’s approval of this Agreement is in reliance upon and in consideration of Developer’s agreement to make the payments required hereunder.
1.4.2 Community Benefits. In addition to Developer’s obligation to pay the City through any generally applicable fees, taxes, or other charges, Developer shall be obligated to provide Community Benefits as follows, which shall be referred to as the “Community Benefits Landscaping” and “Housing Community Benefits Fee”:
(A) Community Benefits Landscaping. City shall use reasonable best efforts to promptly secure from Coachella Valley Water District (“CVWD”) the right of the Developer to install landscaping on the vacant parcel of land owned by CVWD located at the northwest corner of Avenue 50 and Madison Street (the “CVWD Parcel”). City shall promptly notify Developer in writing once City has secured the right to install landscaping on the CVWD Parcel. Upon receipt of such notice, Developer shall, within sixty (60) days thereafter and at its own cost, prepare and submit to City plans for the installation of desert landscaping and associated irrigation improvements on the CVWD Parcel (the “Landscaping Plans”). City shall, within thirty (30) days of receipt of such plans, either approve such plans, which approval shall not be unreasonably withheld or conditioned, or submit to Developer its written objections to such plans.
Within (30) days of receipt of any such objections from the City, Developer shall submit revised plans to the City for review and approval. Once the landscaping plans are approved by the City, Developer, at its own cost, shall promptly install the desert landscaping and associated irrigation improvements (the “Desert Landscaping”) on the CVWD Parcel in accordance with the Landscaping Plans. Notwithstanding anything to the contrary set forth herein, Developer shall have no obligation to prepare the Landscaping Plans or install the Desert Landscaping if the City does not secure from CVWD the right of the Developer to install the Desert Landscaping on the CVWD Parcel within 18 months of the Effective Date of this Agreement. Developer or the Homeowners Association for the Property (ies) shall be responsible for the operation and maintenance of the Desert Landscaping once installed.
(B) Housing Community Benefits Fee. Concurrent with the Developer's payment of any generally applicable Business License Tax for each of the Properties (under Indio Municipal Code Chapter 110), Developer shall make payment to the City of an additional 1% of the gross receipts (as that term is defined at Indio Municipal Code Section 110.01) for all amounts charged by the Developer, provided, however, that “gross receipts” as defined
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above shall not include security deposits received by Developer that are either refunded or used by Developer to repair or replace broken or damaged Properties or the fixtures, furnishings and/or equipment located therein. While this amount shall be placed in the general fund and be available for any lawful municipal purpose, the intention is to utilize these funds to develop programs to mitigate any effect operation of short-term rentals has on the local housing market, including, but not limited to, developing down payment assistance and rental assistance programs.
1.5 City CEQA Findings.
City finds that review of the environmental impacts of this Agreement, and the Project as a whole, has been conducted in accordance with the provisions of CEQA and the state and local procedural review requirements adopted thereunder. City has given consideration to such environmental review prior to its approval of this Agreement and the Project, and has undertaken all actions necessary to comply with CEQA.
1.6 Modification or Amendment of this Agreement.
Except as expressly stated to the contrary herein, this Agreement may be modified or amended from time to time, in whole or in part, only by mutual written consent of the Parties or their successors in interest, consistent with Government Code Sections 65867-65868 and the following terms:
(a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with respect to the details of the Project development and the performance of the parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, and thus desire to provide a streamlined method of approving insubstantial modifications to this Agreement. Therefore, any minor modification to this Agreement which does not modify (i) the Term of this Agreement; (ii) permitted uses of the Site, (iii) maximum density or intensity of use, except as specifically allowed in the Project Approvals, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for subsequent discretionary actions, or (vi) monetary obligations of Developer (hereinafter an “Insubstantial Modification”), and that can be processed under CEQA either as not a “project” under CEQA or as exempt from CEQA shall not require a public hearing prior to the parties executing a modification to this Agreement. Either Party may propose an Insubstantial Modification, consent to which shall not be unreasonably withheld, conditioned, or delayed by the other Party. Upon the written request of Developer for a modification to this Agreement, the City Manager or his/her designee shall determine, in his/her sole discretion: (1) whether, in his/her reasonable judgment, the requested modification constitutes an “Insubstantial Modification,” as defined herein; (2) whether the requested modification is consistent with Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether, in his/her reasonable judgment, the requested modification tends to promote the goals of this Agreement. If the City Manager or his/her designee determines that the requested modification is an “Insubstantial Modification” that is consistent with Applicable Rules and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as an Insubstantial Modification, and a written modification will be executed by the Parties and attached to this
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Agreement. Any such Insubstantial Modification shall not be deemed an “amendment” to this Agreement under Government Code Section 65858.
(b) Substantial Amendments. Except as otherwise described in Section 1.6(a) of this Agreement, amendments to this Agreement shall be “Substantial Amendments” which require notice and a public hearing pursuant to California Government Code Section 65868. (d) Parties Required to Amend. Where a portion of Developer’s rights or obligations have been transferred, assigned, and assumed pursuant to Section 1.8 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such assignee/transferee hereunder.
1.6.1 Effect of Amendment. Any amendment to this Agreement shall be operative only as to those specific portions of this Agreement expressly subject to the amendment, and all other terms and conditions of this Agreement shall remain in full force and effect without interruption.
1.7 Termination; Applicable to All of the Property.
Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement as set forth in Section 1.2. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals. Any termination of this Agreement shall affect each and every One of the Properties and the entire Property and the Site, and no owner of One of the Properties may apply for a termination or terminate this Agreement with respect to that owner’s One of the Properties unless all of the owners of the Property and each and every One of the Properties apply for and seek to terminate this Agreement for the entire Property and Site. In explanation of the foregoing, this Agreement shall apply to each One of the Properties for the entire duration of the Term, and no One of the Properties may be released from or excused for performance under this Agreement by way of terminating this Agreement for that One of the Properties, unless all of the Property and Site are released from this Agreement.
1.8 Assignment of Interests, Rights and Obligations.
Developer may transfer or assign all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in any One of the Properties, the Property and/or the Site, or any portion thereof, including, without limitation, purchasers or ground lessee(s) of lots, parcels or facilities, subject to the following:
1.8.1 Assignment and Assumption Agreements.
(a) In connection with the transfer or assignment by Developer of all or any portion of the Property and/or the Site (other than a transfer or assignment by Developer to a Mortgagee, Homeowners Association, or Affiliated Party, or to a member of the general public who purchases an improved residential lot pursuant to a subdivision public report ), Developer and
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the transferee shall enter into a written agreement (an “Assignment and Assumption Agreement”) regarding the respective interests, rights and obligations of Developer and the transferee in and under this Agreement. Such Assignment and Assumption Agreement may: (i) release Developer from obligations under this Agreement pertaining to that portion of the Property and/or Site being transferred, as described in the Assignment and Assumption Agreement, provided that the transferee expressly assumes such obligations; (ii) transfer to the transferee vested rights to develop and/or improve and use that portion of the Property and/or Site being transferred; and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment.
(b) Developer shall obtain City’s prior written consent to any Assignment and Assumption Agreement (other than a transfer or assignment by Developer to an Affiliated Party, a Mortgagee, or Homeowners Association), which consent shall not be unreasonably withheld, conditioned or delayed. Failure by City to respond within fifteen (15) days to any request made by Developer for such consent shall be deemed to be City’s unconditional approval of the Assignment and Assumption Agreement in question. City may refuse to give its consent only if, in light of the proposed transferee’s reputation and financial resources, such transferee would not in City’s reasonable opinion, which opinion is supported by clear and convincing evidence, be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by Developer directly to the City Council. (c) An Assignment and Assumption Agreement shall be binding on Developer, City and the transferee provided (i) if Developer is then in default under this Agreement, such default shall be cured by Developer or the transferee as a condition of the transfer, (ii) Developer has provided notice to City of such transfer, and City has approved (or is deemed to have approved) the transfer pursuant to subparagraph (b) above, and (iii) the transferee executes and delivers to City a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes each and every obligation of Developer under this Agreement with respect to the Property and/or Site, or portion thereof, being transferred (to the extent Developer has not retained a continuing obligation), and (c) Developer no longer has any legal or equitable interest in the Property and/or Site or the portion thereof sold or transferred, as applicable,. Upon recordation of any Assignment and Assumption Agreement in the Official Records of Riverside County, Developer shall automatically be released from those obligations assumed by the transferee therein.
(d) Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to an Assignment and Assumption Agreement. No breach or default hereunder by any person succeeding to any portion of Developer’s obligations under this Agreement shall be attributed to Developer, nor may Developer’s rights hereunder be canceled or diminished in any way by any breach or default by any such person following Developer’s release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning Developer’s obligations to that successor.
(e) The City may assign or transfer any of its rights or obligations under
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this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld.
(f) If Developer is selling one or more improved residential lots within the Site to members of the general public pursuant to a subdivision public report, then an Assignment and Assumption Agreement shall not be required with respect to the sale and conveyance of such lot or lots.
1.8.2 Transfers for Mortgages.
Any transfers or assignments for any Mortgagee shall be subject to the provisions in Article 7 of this Agreement.
1.8.3 Transfers to Affiliated Parties.
Developer, or any Affiliated Party of Developer, may at any time and without City’s prior consent, transfer all or any portion of its rights and obligations under this Agreement to any Affiliated Party of such Transferor and, in connection with the transfer of any such obligations, be released from such obligations. Developer shall deliver to City, no later than ten (10) days after such transfer an Assignment and Assumption Agreement memorializing the transfer of Developer’s rights and obligations under this Agreement to an Affiliated Party, along with that Affiliated Party’s contact information for notices to be delivered pursuant to this Agreement.
2. AGREEMENTS AND ASSURANCES
2.1 Agreement and Assurance on the Part of Developer.
In consideration for City entering into this Agreement, and as an inducement for City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in the Recitals of this Agreement, Developer hereby agrees that the terms and conditions of this Agreement, including the Project Approvals incorporated herein, shall govern development and operation of the Site for the Term of this Agreement.
2.2 Agreement and Assurances on the Part of the City.
In consideration for Developer entering into this Agreement, and as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purposes and intentions set forth in this Agreement, City hereby agrees as follows:
2.2.1 Vested Entitlement to Develop.
Developer has the vested right to develop, improve, operate and use the Property, Site, and Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. It is the intent of City and Developer that the vesting of
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development rights of Developer shall include the permitted land uses, densities, and intensities of use of the Property and the Site, timing or phasing of development, zoning, provisions for the reservation or dedication of land for public purposes, and the location and size of public improvements, as well as those other terms and conditions of development of the Project as set forth in this Agreement and the other Project Approvals. Developer’s vested rights under this Agreement shall also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace all improvements on the Property and the Site within the Project (or any portion thereof) throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion thereof, subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Such vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement, or (b) expiration of the Term of this Agreement.
Except for the expiration set forth in clause (b) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate any obligations of Developer under this Agreement that (x) have accrued prior to termination of this Agreement or (y) that expressly survive the termination of this Agreement, such as indemnification obligations.
Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement:
(i) all Applicable Rules, unless modified by or in conflict with the provisions of this Agreement;
(ii) the right to develop, improve, operate and use the Property (and each One of the Properties) and the Site for short-term rentals; (iii) all New Laws applied to Developer through the City’s Reserved Powers; (iv) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits;
(v) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (vi) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid.
2.2.2 Changes in Applicable Rules.
(A) Nonapplication of Changes in Applicable Rules.
Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan, any applicable specific plan, zoning or building regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by
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means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other board, commission, department or agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Property, Site, and/or to the Project and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, or in any way reduce the development rights or assurances provided by this Agreement, shall not be applied to the Property (or any One of the Properties), Site, or Project unless such changes represent an exercise of City’s Reserved Powers, or are otherwise agreed to in this Agreement. It is expressly understood and agreed that Developer has the right to develop, improve, and use the Property (and each One of the Properties) and the Site for short-term rentals pursuant to Article 5 [SHORT-TERM RENTALS/TRANSIENT OCCUPANCY TAXES] of this Agreement. The right to apply for a new or renewal permit, and the City’s ability to review and issue a new or renewal permit, for short-term rentals on the Property (or any One of the Properties), Site, or Project, shall be allowed and authorized by this Agreement.
Notwithstanding the foregoing paragraph, Developer may, in its sole discretion, consent in writing to the application to the Property (which shall mean each One of the Properties), Site, and/or Project of any change in the Applicable Rules.
(B) Changes in Uniform Codes.
Notwithstanding any provision of this Agreement to the contrary, development and use of the Property, Site, and Project shall be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of Indio. (C) Changes Mandated by Federal or State Law.
This Agreement shall not preclude the application to the Property, Site, and Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers.
In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended only to the extent necessary to comply with such state or federal laws or regulations.
2.2.3 Subsequent Development Review.
Except as expressly reserved in this Agreement (including the right to apply for a new or renewal permit, and the City’s review and issuance of a new or renewal permit, for short-term rentals), nothing shall impair or interfere with the right of City to require the processing of permits as required by law pursuant to the applicable provisions of the Indio Municipal Code and the provisions of Uniform Codes.
2.2.4 Effective Development Standards.
City agrees that it is bound to permit the uses, intensities of use, and densities of development on the Property (and each One of the Properties) and Site which are permitted by this
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Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide or as otherwise set forth in the Applicable Rules. City hereby agrees that it will not unreasonably withhold, delay or condition any approvals and/or permits which must be issued by City in order for the Project to proceed and for the Property and Site to be used for the authorized uses herein, provided that Developer reasonably and satisfactorily complies with all applicable procedures for processing applications for such approvals and/or permits.
3. DEVELOPER’S OBLIGATIONS
3.1 Development of the Project; Planned Development.
Developer shall construct the Project on the Site only in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time consistent with the terms hereof, the Project shall consist of a residential single-family development specifically developed and available for residential purposes, and may be the residents’ primary residence or secondary residences, and/or may be used for short-term rentals, with the following components:
(A) Annual permitting fees to be consistent with the City’s fee program; (B) Any rental or occupancy of 30 nights or less to be subject to the City’s then-current transient occupancy tax (“TOT”) for short-term rentals; (C) The payment of any Community Benefits as described above; (D) The Developer shall operate the Site in accordance with the Applicable Rules and New Laws, as applicable; and
(E) All residences at the Site (and on each One of the Properties) shall allow for transient occupancy, which means occupancy for thirty (30) days or less, unless otherwise restricted by other private covenants or restrictions recorded against the Property.
3.2 Compliance with Government Code Section 66473.7
Developer shall comply with the provisions of Government Code Section 66473.7 with respect to any Tract Maps prepared for the Project.
3.3 Funding, Fees, Permits, and Approvals.
3.3.1 No Funding. Developer acknowledges that the City is not providing any funding for the Project.
3.3.2 Fees, Permits, and Approvals Governed by Municipal Code. Except for any permitting or approval process for short-term rentals that would be directly in conflict with Chapter 37 [REGULATION OF SHORT-TERM RENTALS] of this Agreement, all permitting and processing fees (including for the permitting and processing of short-term rentals), and all permits and approvals for the Property, Site, and Project, shall be governed by the provisions of the Indio
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Municipal Code and shall be paid and performed in accordance therewith. All such fees and applications submitted to the City shall be processed in accordance with the then-current Indio Municipal Code, including the timing provisions therein, and shall not be accorded separate treatment pursuant to this Agreement except for any permitting or approval process for short-term rentals that would be directly in conflict with Chapter 37 [REGULATION OF SHORT-TERM RENTALS] of this Agreement. All City-imposed fees, including the fees for short-term rental permitting, shall be in the amount prescribed by the Indio Municipal Code or duly adopted City Council Resolution, in effect at the time the fee is imposed.
3.3.3 Imposition of Existing and Future Fees. Nothing set forth in this Agreement is intended to or shall be construed to limit or restrict the City’s authority to impose its existing, or any new or increased, Citywide fees, charges, levies, or assessments for the development of the Property, Site, or Project, or to impose or increase, subject to the required procedure, any taxes applicable to the Property, Site, or Project, including but not limited to transient occupancy taxes.
Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995 et seq.
3.4 Indemnification.
Developer shall protect, defend, indemnify and hold harmless City and City’s officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as “Indemnitee” and collectively as “Indemnitees”), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys’ fees and expert witness fees, arising out of or directly relating to construction and development-related activities on the Site by Developer, and including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted (“Claims”), excluding those resulting from the negligence or willful misconduct of the City. In the event of any action, litigation, or other adversarial proceeding in any way involving the Claims specified in this section, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the defense of City in the action, litigation, or other adversarial proceeding, either by providing for legal counsel or, at City’s option, timely paying the legal costs incurred by City in the defense of litigation, even though negligence or gross negligence of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense is provided. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnitee or Indemnitees.
In the event of any court action or proceeding challenging the validity of this Agreement or the Project Approvals, Developer shall indemnify, hold harmless, pay all costs and provide defense for City in said action or proceeding with counsel chosen by Developer and reasonably approved by City. City shall, at no cost to City, cooperate with Developer in any such defense as
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Developer may reasonably request. In the event Developer fails or refuses to provide such defense of any challenge to this Agreement or the Project Approvals, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title.
3.5 Recording of Agreement.
This Agreement shall be valid and binding as of the Effective Date; provided, however, that the terms and conditions set forth in this Agreement affecting the vested rights and ability to develop and use the Property, Site, and Project as set forth herein, shall be contingent upon this Agreement being recorded in the Riverside County Recorder’s Office for Official Records.
4. CITY’S OBLIGATIONS
4.1 Processing of Building Permits.
Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the Indio Municipal Code and the provisions of City’s Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes.
4.2 Project Approvals Independent.
All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Project, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions. It is understood by the Parties that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements.
4.3 Review for Compliance.
City shall review this Developer’s compliance with the terms of Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with City’s procedures and standards for such review. During such periodic review by City, Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of City to conduct or complete the annual review as provided herein shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein or in accordance with
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the Development Agreement Ordinance, Developer has been found in compliance with this Agreement, City, through the Community Development Director, shall, at Developer’s written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate shall be in recordable form and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate.
5. SHORT-TERM RENTALS USE.
5.1 Short-Term Rental Use.
5.1.1 This Agreement expressly provides that short-term rentals are a permitted use on the Property (and each One of the Properties) within the Project, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement. Except as expressly provided in this Agreement, the City shall not impose on or apply to the Project or any part thereof (whether by action of the Council, or other legislative body, or by initiative, referendum, or other measure by the City or the electorate) any ordinance, resolution, standard, directive, condition, or other measure that would prevent, prohibit or materially impair the ability of Developer to apply for and obtain a permit and subsequently use and operate short-term rentals in all residential units within the Project. Notwithstanding the foregoing, and except as expressly provided in this Agreement, short-term rentals on the Property (and each One of the Properties) within the Project shall be subject to the Regulation of Short-Term Rentals (STR Regulations) set forth in Chapter 37 (or successor provisions) of the Indio Municipal Code, including but not limited to violations and penalties for such violations for failing to comply with the City’s STR Regulations, as long as Developer has the ability to apply for and obtain a permit and subsequently use and operate short-term rentals in all residential units within the Project that are not otherwise subject to a violation or penalty preventing issuance of such permit and allowing such use for failing to comply with the City’s STR Regulations.
5.1.2 Developer shall comply with all of the provisions of Chapter 37 of the Indio Municipal Code, as they now exist or as they may be amended by the Indio City Council under the City’s Reserved Powers. As examples, and not limitations, Developer shall be obligated to comply with the following Sections of the Indio Municipal Code: 37.003 (AUTHORIZED AGENT OR REPRESENTATIVE), 37.004 (PERMIT REQUIREMENT), 37.005 (SHORTTERM RENTAL PERMIT APPLICATION), 37.006 (INSPECTION), 37.007 (APPLICATION INVESTIGATION), 37.008 (APPROVAL OR DENIAL OF PERMIT), 37.010 (PERMIT EXPIRATION AND RENEWAL), 37.011 (CHANGE IN MAILING ADDRESS AND PROPERTY OWNERSHIP; CEASE USE AS A SHORT-TERM RENTAL), 37.012 (OPERATIONAL REQUIREMENTS AND STANDARDS), 37.013 (SHORT-TERM RENTAL REGISTRY), 37.014 (HOSTING PLATFORM REQUIREMENTS), 37.015 (PROHIBITED ACTIVITIES), 37.016 (PERMIT SUSPENSION, MODIFICATION OR REVOCATION), 37.017 (NOTICE AND APPEALS), 37.018 (VIOLATIONS AND PENALTIES), 37.019 (RECORDKEEPING), 37.020 (REQUIREMENTS NOT EXCLUSIVE), and 37.021 (ADMINISTRATION AND ADMINISTRATIVE REGULATIONS).
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5.2 Transient Occupancy Tax.
All short-term rentals in the Project shall be subject to, and comply with, the applicable provisions of the City’s transient occupancy tax ordinance as set forth in Chapter 34 of the Indio Municipal Code. To the extent the City revises its transient occupancy tax ordinance after the Effective Date of this Agreement, all short-term rentals in the Project will be subject to those revised or amended provisions unless doing so would violate the vested rights set forth in Section
5.1 of this Agreement. It is the intent of this provision to require, at all times, that all short-term rentals in the Project comply with the City’s requirements and procedures for collecting, reporting and paying the applicable transient occupancy tax, including as those requirements and procedures may be modified during the term of this Agreement.
6. DEFAULT; REMEDIES; DISPUTE RESOLUTION.
6.1 Notice of Default.
In the event of failure by either Party substantially to perform any material term or provision of this Agreement, the non-defaulting Party shall have those rights and remedies provided herein, provided that such non-defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured.
6.2 Cure of Default.
Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than thirty (30) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, such Party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion.
6.3 City Remedies.
In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement; provided, however, that in no event shall City be entitled to consequential, punitive or exemplary damages for any Developer default. For purposes of this Agreement the term “consequential damages” shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 6.3, in the event of a material uncured default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the Development Agreement Act.
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6.4 Developer’s Excusive Remedies.
The Parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys’ fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Project Approvals, the Applicable Rules or any future amendments or enactments thereto, or the Project, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer’s sole and exclusive judicial remedies.
7. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE
7.1 Encumbrances on the Project Site.
This Agreement shall not prevent or limit Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a “Mortgage”) securing financing with respect to the construction, development, use or operation of the Project.
7.2 Mortgage Protection.
This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a “Mortgagee”), whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination or otherwise, shall be subject to all of the terms and conditions of this Agreement.
7.3 Mortgagee Not Obligated.
No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that (i) the Mortgagee shall have no right to develop or operate the Site without the written consent of the City, and (ii) to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof by Mortgagee shall continue to be a condition precedent to the City’s performance hereunder.
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7.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure.
With respect to any mortgage or deed of trust granted by Developer, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Project or any component of the Project, City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage or deed of trust which has previously requested such notice in writing. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. It is understood that a holder shall be deemed to have satisfied the sixty (60) daytime limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Site (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default.
8. MISCELLANEOUS
8.1 Notices, Demands and Communications Between the Parties.
Any approval, disapproval, demand, document or other notice (“Notice”) which either Party may desire to give to the other Party under this Agreement must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same-day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice.
To City: City of Indio
100 Civic Center Drive
Indio, California 92201
Attn: Community Development Director
To Developer:
Bravo Collection, LLC
72877 Dinah Shore Dr., Ste. 103
Rancho Mirage, California 92270
Attn: Claudio Bravo
With copies to: Nethery/Mueller/Olivier LLP
41750 Rancho Las Palmas Dr.
Suite H-1
Rancho Mirage, CA 92270
Attn: Daniel Olivier
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Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail.
8.2 Force Majeure.
In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a “Force Majeure”): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority imposed or mandated by other governmental entities; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer.
Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section
8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions.
8.3 Binding Effect.
This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site.
8.4 Independent Entity.
The Parties acknowledge that, in entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect.
8.5 Agreement Not to Benefit Third Parties.
This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this
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Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third-party beneficiary under this Agreement.
8.6 Covenants.
The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of City, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement.
8.7 Non-liability of City Officers and Employees.
No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of City.
8.8 Covenant Against Discrimination.
Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.).
8.9 No Waiver.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof.
8.10 Severability.
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties.
8.11 Cooperation in Carrying Out Agreement.
Each Party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order
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to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder.
8.12 Estoppel Certificate.
Either Party may, at any time, deliver written notice to any other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A Party receiving a written request hereunder shall execute and return such requested certificate within twenty (20) days following receipt of such request. The form of the requested estoppel certificate shall be reasonably approved by the receiving party. The City Manager is authorized to sign and deliver an estoppel certificate on behalf of City. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.
8.13 Construction.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa.
8.14 Recordation.
This Agreement shall be recorded with the County Recorder of Riverside County at Developer’s cost, if any, within the period required by Government Code Section 65868.5.
Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded.
8.15 Captions and References.
The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement.
8.16 Time.
Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element.
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8.17 Recitals & Exhibits Incorporated; Entire Agreement.
The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof.
8.18 Exhibits.
Exhibits “A”- “C” to which reference is made in this Agreement are deemed incorporated herein in their entirety, whether or not such exhibits are attached hereto in full. Said exhibits are identified as follows:
A Legal Description of the Property and the Site
B Site Map and Addresses
C. Chapter 37 of Indio Municipal Code
8.19 Counterpart Signature Pages.
For convenience the Parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement.
8.20 Authority to Execute; Representations and Warranties.
Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, and (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its covenants and obligations set forth in this Agreement. City warrants and represents that the person or persons executing this Agreement on its behalf have been duly authorized to execute this Agreement and bind the City to all covenants and obligations set forth in this Agreement.
8.21 City Approvals and Actions.
Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City, or for any amendment, interpretation, or implementing documents required under this Agreement, the City Manager or his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise in this Agreement or the law otherwise requires.
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8.22 Governing Law; Litigation Matters.
The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by either Party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the Parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law.
Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the Parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing Party in such litigation shall be awarded, in addition to such relief to which such Party is entitled, its reasonable attorney’s fees, expert witness fees, and litigation costs and expenses.
8.23 No Brokers.
Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker’s fees, or finder’s fees which may accrue by means of this Agreement and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations.
(Signatures on next page)
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IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date.
“DEVELOPER”
BRAVO COLLECTIOIN, LLC,
a California limited liability company
By:
Its:
“CITY”
CITY OF INDIO, a California municipal corporation
By: ___________________________
Name: ___________________________
Title: ____________________________
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM
City Attorney
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LEGAL DESCRIPTION OF SITE
[to be attached]
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 501 of 764 EXHIBIT “B”
SITE MAP & ADDRESSES
[to be attached]
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 502 of 764 EXHIBIT “C”
CHAPTER 37 OF INDIO MUNICIPAL CODE AS OF EFFECTIVE DATE (for reference only)
[to be attached]
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 503 of 764 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Location & Vicinity Map for DA 22-07-38 (Bravo Collection, LLC) Notes
REPORT PRINTED ON... 10/14/2022 1:12:31 PM
0 752 1,505 Feet
Parcels
Blueline Streams
City Areas
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Section
37.001 Purpose
37.002 Definitions
37.003 Authorized agent or representative
37.004 Permit requirement
37.005 Short-term rental permit application
37.006 Inspection
37.007 Application investigation
37.008 Approval or denial of permit
37.009 Permit nontransferable/no property rights
37.010 Permit expiration and renewal
37.011 Change in mailing address and property ownership; cease use as a short-term rental
37.012 Operational requirements and standards
37.013 Short-term rental registry
37.014 Hosting platform requirements
37.015 Prohibited activities
37.016 Permit suspension, modification or revocation
37.017 Notice and appeals
37.018 Violations and penalties
37.019 Recordkeeping
37.020 Requirements not exclusive
37.021 Administration and administrative regulations
The de?nitions set forth in this section shall govern the meaning and construction of the words and phrases used in this chapter, except where the context of such words and phrases clearly indicates a different meaning or construction.
APPLICABLE LAWS, RULES AND REGULATIONS. Any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term rental. § 37.001 PURPOSE.
(A) The purpose of this chapter is to establish regulations for the use of privately owned residential dwelling units as short-term rentals to minimize secondary impacts of such uses on surrounding residential neighborhoods and to ensure the collection and payment of transient occupancy taxes. (B) This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term rental purposes as defined in this chapter. (Ord. 1766, passed 12-14-21)
§ 37.002 DEFINITIONS.
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CLUSTER or COMPOUND. Any two or more short-term rentals that operate on a unified or shared basis where occupants of such short-term rentals have exclusive access to more than one short-term rental and/or the facilities of such short-term rentals, including by way of example, a swimming pool, tennis court, or cooking facilities.
COACHELLA VALLEY.The territory within the boundaries of the cities of Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, Coachella, and the unincorporated area of Riverside County that is within the territorial boundaries of the Palm Springs and Desert Sands Unified School District, and that portion of the Coachella Valley Unified School District located within Riverside County, as such boundaries may be adjusted from time to time as allowed for under the law.
CONTRACT. A written agreement or evidence of any tenancy that allows or provides for the short-term rental of property.
HOSTING PLATFORM. A person or entity that participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. HOSTING PLATFORMS usually, though not necessarily, conduct booking transactions through an internetbased platform that allows an operator or owner to advertise a rental unit on a website provided by the HOSTING PLATFORM and potential renters to arrange use and payment, whether the renter pays rent directly to the operator, owner or the HOSTING PLATFORM.
LOCAL CONTACT PERSON. The person designated by the owner who shall be available 24 hours per day, seven days per week for the purpose of: (1) responding in person to the short-term rental within 30 minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit; and (2) taking remedial action to resolve any such complaints. The LOCAL CONTACT PERSON must reside in the Coachella Valley.
MULTI-FAMILYHOUSING. Any complex, structure or a portion of a structure zoned, used and/or designated as rental dwellings and that includes two or more independent dwelling units. This includes, but is not limited to, duplexes, triplexes, quadriplex, apartments, and townhouses.
OCCUPANT. An individual of any age that is present on the property during the duration of the short-term rental contracted stay. An OCCUPANT may also be a responsible person. Persons hired by the owner to perform bona fide cleaning, maintenance, landscaping, construction, repair or similar services on the property willnot be considered to be OCCUPANTS, provided said persons are solely engaged in activities directly related to the services for which they were hired.
OWNER. The person(s), corporation(s) or other legal entity(ies) that ho|d(s) legal and/or equitable title to the property used as a short-term rental.
PERMIT and RENEWAL PERMIT. A permit that allows the use of a privately owned residential dwelling unit as a short-term rental pursuant to the provisions of this chapter.
PERMITADMINISTRATOR. The Finance Director or such other city employee as may be designated by the City Manager to administer the provisions of this chapter.
PROPERTY A residential legal lot of record on which a short-term rental is located.
RECREATIONAL VEHICLE. A vehicle intended for temporary occupancy, with or without a motor, including without limitation any automobile, motorhome, travel trailer, truck campers, camping trailers, park trailers, fifth wheel trailers, house cars, trailer coaches, slide in or pop up campers, truck campers, tent trailers and any boat or house boat.
RESPONSIBLE PERSON. The signatory on the contract for a short-term rental and/or any person(s) occupying the short-term rental without a contract and whom is legally responsible for ensuring that all occupants of the short-term rental comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject shortterm rental unit.
SHORT-TERM RENTAL. Any privately owned residential dwelling, as defined by the city's zoning ordinance, that is offered for rent and/or rented by the owner to another party with or without a contract for occupancy, dwelling, lodging, or sleeping purposes for a period of not more than 30 consecutive calendar days in exchange for any form of monetary or non-monetary consideration, including but not limited to trade, fee, swap or any other consideration in lieu of cash payment. The term "dwelling" does not include any impermanent, transitory, or mobile means of temporary lodging that is located on the same property as the SHORT-TERM RENTAL, including but not limited to a vehicle parked on the property, storage sheds, mobile homes, recreational vehicles (RVs), car trailers, boats or similar watercrafts, or any temporary structure, including but not limited to camping tents and tree houses. (Ord. 1766, passed 12-14-21)
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 507 of 764 An owner may authorize an agent or representative to comply with the requirements of this chapter on behalf of the owner ("owner's agent"), unless the requirement is to be fulfilled solely by the owner. Notwithstanding, the owner shall not be relieved from any personal liabilityfor noncompliance with any provisions of this chapter or with any applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental, regardless of whether such noncompliance was committed by the owner's agent or the occupants of the owner's short-term rental or their guests. Failure of an owner's agent to comply with this chapter shall be deemed noncompliance by the owner. (Ord. 1766, passed 12-14-21)
§ 37.003 AUTHORIZED AGENT OR REPRESENTATIVE.
§ 37.004 PERMIT REQUIREMENT.
(A) No owner or any other person, shall advertise, cause, allow, conduct, permit, maintain or facilitate a short-term rental at any residential dwelling unit in the city without first obtaining a permit pursuant to this chapter, and complying with all other applicable provisions of the lndio Municipal Code ("Municipal Code") such as the maintenance of a business license as set forth in Chapter 110 of the Municipal Code and compliance with the city's transient occupancy tax ordinance set forth in Chapter 34 of the Municipal Code. (B) Failure to obtain an initial permit or renewal permit before renting and/or advertising the short-term rental shall result in fines, penalties and other remedies as provided for in this chapter, including but not limited to future denial of such permit.
(C) The permit shall be valid only for the number of bedrooms the city establishes as eligible for listing as a short-term rental.
(Ord. 1766, passed 12-14-21)
(A) The owner is required to submit an application, signed by the owner, and obtain a permit from the city pursuant to the provisions of this chapter, before renting any short-term rental. The application shall be in the form provided for by the city and shall be submitted to the Permit Administrator. (B) The short-term permit application and annual renewal application shall be accompanied by an application fee in the amount established by resolution of the City Council. (C) The owner shall submit the following information and/or documents as part of its application or renewal application:
(1) The name, address, telephone number and email address of the owner of the property; (2) A copy of the owner's current state-issued driver's license or identification card; (3) The name, address, telephone numbers and email addresses of any other natural persons, limited liability companies or personal or family trusts that hold any financial interests in the property as well as copies of legal documents creating such ?nancial interests;
(4) The name, address, telephone number and email address of the owner's authorized agent or representative, if any;
(5) The name, address, telephone number and email address of the local contact person available 24 hours a day; (6) The address of the short-term rental;
(7) The number of bedrooms and the applicable occupancy limit of the short-term rental; (8) A parking plan indicating the areas where parking is legally available on the property for all vehicles belonging to the occupants;
(9) The Uniform Resource Locator (URL) (i.e., website address) for any and all advertisements of the short-term rental of the property;
(10) A photo of the front of the short-term rental sufficient to allow the city to visually identify the unit; (11) An executed indemnification and hold harmless agreement in the form approved by the City Attorney; (12) Such other information as the Permit Administrator deems reasonably necessary to administer this chapter. § 37.005 SHORT-TERM RENTAL PERMIT APPLICATION.
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 508 of 764 (D) Ifa short-term rental is located on a property in any area governed by a homeowners‘ association or community association ("association") and subject to covenants, conditions and restrictions ("CC&Rs"), the applicant shall submit a letter from the association's governing board stating that the CC&Rs and the rules and regulations of the association do not prohibit short-term rentals from operating, including the short-term rental proposed by the applicant. For short-term rentals subject to CC&Rs but not within an association, a copy of the CC&Rs shall be submitted with the application and the applicant shall identify the relevant provisions that demonstrate that short-term rentals are neither regulated nor clearly prohibited by the CC&Rs. A permit shall not be issued where short-term rentals are prohibited by the CC&Rs. (E) The permit application shall include an affidavit signed by the owner under penalty of perjury attesting that all the information in the application is correct and that the owner maintains full responsibility that the short-term rental shall be advertised, rented, operated and maintained in compliance with this chapter and all other relevant provisions of the Municipal Code.
(F) The owner shall provide proof of general liabilityinsurance that covers the rental of the property as a short-term rental in the aggregate sum of not less than $1,000,000. Alternatively, the owner can provide evidence that each rental occurs through a platform that provides equal or greater insurance coverage. Proof of insurance shall be provided at the time of both initial permit and renewal permit issuance and shall remain in effect for the duration of the annual permit.
Failure to maintain liabilityinsurance shall result in suspension of the permit. (G) The permit application shall be accompanied by a consent to inspection form signed by the owner of the property by which the owner agrees and consents to a building, ?re and health and safety inspection in addition to the inspection fee in the amount established by resolution of the City Council. No inspection shall occur that is inconsistent with an individual's fourth amendment rights under the United States Constitution or otherwise in violationof rights guaranteed by law.
(Ord. 1766, passed 12-14-21)
§ 37.006 INSPECTION.
(A) Prior to the issuance of a new permit or a renewal permit, the city shall conduct a building, ?re and health and safety inspection of the short-term rental for compliance with this chapter, including verifying the number of bedrooms that were originally permitted and authorized under the original certi?cate of occupancy for the property as well as verifying that no space has been converted into a bedroom or living space without all required permits. An inspection conducted by city staff will be required for every application for a new permit for a short-term rental and every five years thereafter for the same short term rental permit as long as the owner has been in compliance with this chapter. In the intervening years, the owner shall renew the permit in the manner set forth in this chapter and in lieu of a city inspection, the owner may submit a self-certi?cation signed by the owner on a form approved by the city. Notwithstanding, the city reserves the ability to require a city-conducted inspection at the time permit renewal for any reason. (B) The owner of the short-term rental shall ensure that the property complies with all applicable codes regarding ?re, building, health and safety, zoning and all other laws and regulations. No permit shall be issued ifthe short-term rental does not have functioning smoke and carbon monoxide detectors, HVAC, electricity or plumbing, or ifthe structure has been substantially modified in any way that required a building permit from the city and a permit was not obtained, or the city determines that any other conditions are present on the property that would present a threat to the health, safety or welfare of the occupants.
(C) Inspection of the short-term rental by city staff shall be scheduled within 30 days of receipt of a completed application. If corrections are required, the owner shall complete the corrections within 30 days of being notified by the city. An extension may be provided by the Permit Administrator, however, failure to make the corrections shall result in the denial of the permit. A re-inspection (and accompanying reinspection fee) may be required with respect to the corrections.
(Ord. 1766, passed 12-14-21)
§ 37.007 APPLICATION INVESTIGATION.
(A) Upon receipt of a completed application, the Permit Administrator shall cause an investigation of the applicant and the application as submitted. As part of the investigation, the number of bedrooms in a short-term rental shall be verified by the Permit Administrator using County Assessorand/or city building records, prior to the issuance of a permit. (B) The city shall have up to 30 days to process the application, however, no permit shall be issued untilsuch time as the application investigation is complete. The applicant shall be notified of the result in writing. (Ord. 1766, passed 12-14-21)
§ 37.008 APPROVAL OR DENIAL OF PERMIT.
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 509 of 764 (A) If, as a result of the investigation conducted by the city, the applicant is found to satisfy all of the requirements of this chapter and no grounds for denial exist, the application shall be approved, and a permit (or renewal permit) shall be issued to the applicant.
(B) The Permit Administrator shall deny an application for a permit (or renewal permit) or may revoke, suspend or modify a permit if any of the following findings are made:
(1) Information contained in the application, or supplemental information requested from the applicant, is false or misleading in any material detail;
(2) The owner failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;
(3) The owner is delinquent in payment of any city taxes, assessments, fines, or penalties in relation to short-term rental;
(4) Ifthe owner has had a prior short-term rental permit suspended or revoked or has been cited for violating any provision of the Municipal Code relating to any short-term rental property in the city within the past 12 months; (5) The applicant has failed to pay any previous administrative ?nes, remediate any other violations, and/or complete any other alternative disposition associated with a previous violation of this chapter related to the operation of a short-term rental;
(6) Ifthere is evidence that any governing documents, including CC&Rs, of a common interest development, or the rules or regulations enacted by the association governing the common interest development, prohibit the use of a property for short-term rental purposes;
(7) The applicant has failed to demonstrate an ability to conform to the operational requirements and performance standards set forth in § 37.012;
(8) If, at the time the permit application is being submitted, the city has commenced any enforcement proceedings against the owner with respect to the property for which the owner seeks a permit or renewal of a permit; (9) The short-term rental does not comply with all applicable codes regarding ?re, building and safety and other relevant laws, ordinance or regulations, including any conditions placed on the permit by the city.
Ifthe permit application is denied, written notice of such denial and the reasons therefore shall be provided to the applicant.
(C) The Permit Administrator shall have the authority to impose additional conditions on the permit for the use of any short-term rental to ensure that any potential secondary effects unique to the subject rental unit are avoided or adequately mitigated. Such conditions include but are not limited to, a mitigating condition that would require the installation of a noise monitoring device to keep time-_stamped noise level data from the property that willbe made available to the city upon city's reasonable request, or occupancy counting device that monitors the number of persons at the property.
(D) The permit shall contain the name, address of the permittee, a description of the short-term rental to be offered, the number of bedrooms eligible for listing, the maximum occupancy, the date of issuance and term of the permit, a permit registration number, and the signature of the Permit Administrator or his or her designee. (E) Within 30 days of the issuance of the short-term rental permit or renewal of such permit, the city shall mail a notice to all owners and occupants of residences within 500 feet of the parcel boundaries of the short-term rental notifying the residents that a permit has been issued and providing information regarding howto lodge complaints, ifany, regarding the short-term rental.
(Ord. 1766, passed 12-14-21)
A permit granted pursuant to this chapter shall not be transferable to another person, entity, assessor's parcel number or to another property owner. In addition, the issuance of a permit or renewal permit does not give the owner any vested property rights and any such permit shall not run with the land or property to which it applies. (Ord. 1766, passed 12-14-21)
§ 37.009 PERMIT NONTRANSFERABLE/NO PROPERTY RIGHTS.
§ 37.010 PERMIT EXPIRATION AND RENEWAL.
(A) Permit shall be valid for 12 months from the date of issuance, and shall automatically expire and become null and void on the anniversary date of its issuance or upon sale or transfer of the property. The Permit shall be renewed
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 510 of 764 annually to remain valid. An invalid permit is equivalent to not having a permit. (B) An owner may apply for a permit renewal on a form provided by the city submitted at least 60 days prior to the expiration of his or her active short-term rental permit. The permit renewal application shall be processed in the same manner as an application for a new permit and shall be approved or denied as set forth in § 37.008. Applications received after the deadline but before the expiration of the permit may be accepted at the discretion of the Permit Administrator.
(A) Compliance by owner, agents and occupants. The owner and/or owner's agent shall use reasonably prudent business practices to ensure the property used as a short-term rental is used in a manner that complies with all applicable laws, rules and regulations pertaining to its use and occupancy, an including applicable codes regarding ?re, building and safety, and shall further use reasonably prudent business practices to ensure the occupants of the shortterm rental do not create noise in violation of Chapter 950 of the lndio Municipal Code or other disturbances, engage in disorderly conduct, or violate any applicable law, rule orregulation pertaining to the use and occupancy of the subject short-term rental.
(B) Overnight maximum occupancy limits.
(1) The owner shall limitovernight occupancy of the short-term rental to a specific number of occupants. Overnight occupancy shall not exceed four persons plus no more than two persons per bedroom within each short-term rental as set forth in the chart below. As used in this section, OVERNIGHT OCCUPANCY shall mean during the hours of 10:00 p.m. through 8:00 a.m. of the following day.
Bedrooms Occupancy
Bedrooms Occupancy
0-Studio 4
(C) Payment of the renewal fee shall be paid with the submission of the permit renewal application. (D) Permit renewals are subject to any intervening changes in this chapter and renewal shall be denied ifthe shortterm rental no longer qualifies under the requirements of this chapter, unless specifically exempted therefrom. (E) If a renewal application is not submitted and the fees not paid by the expiration of the existing permit, the owner is required to submit an application for a permit as if it was a new short-term rental accompanied by an application fee and a late penalty fee. The short-term rental may also be subject to an inspection conducted by city staff. (Ord. 1766, passed 12-14-21)
§ 37.011 CHANGE IN MAILINGADDRESS AND PROPERTY OWNERSHIP; CEASE USE AS A SHORT TERM (A) Upon a change of ownership of a property licensed to operate as a short-term rental, the owner (i.e., seller of the property) shall notify the city of such change immediately. The existing permit is null and void and the property shall cease operating as a short-term rental immediately. The new owner may submit an application and an application fee for a new permit, which must be obtained prior to renting the subject property as a short-term rental. (B) Within ten days of a change in material facts pertaining to the information submitted by the owner in the permit application, the owner shall submit an amendment to the application in the form provided by the city and the applicable fee. The city shall process the amendment in the same manner as a new application and after completion of its investigation shall notify the owner of the result in writing. (C) Any changes to the owner's, owner's agent and/or local contact person's mailing and email addresses and/or telephone number and changes of the local contact person shall be immediately submitted to the Permit Administrator and shall not require the submission of an application for a new permit. (D) Ifan owner determines to terminate the short-term rental use, the owner or owner's agent shall within ten days notify the Permit Administrator and request cessation of the short-term rental permit. In such case, the owner or owner's agent shall promptly remove any and all advertisements of the short-term rental. No refunds shall be provided to the owner in case of cancellation of the permit. *
(Ord. 1766, passed 12-14-21)
§ 37.012 OPERATIONAL REQUIREMENTS AND STANDARDS.
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 511 of 764 3 10
4 12
5 14
6 16
7 18
8or more 20
(2) Any short-term rental located on a parcel or lot that is 14,500 square feet or more in size, may have a gathering of up to and including 40 persons. Such gatherings shall comply with the applicable operational standards and regulations of this chapter except that no special event permit is required. (3) Any gathering of 25 to 39 persons at a short-term rental located on a parcel or lot that is less than 14,500 square feet in size or a gathering of 41 persons or more at a short-term rental requires a special event permit pursuant to the process set forth in §§ 159.476 et seq. or as such other process as set forth in § 37.021 of the lndioMunicipal Code. (C) Minimum age ofrenter. The owner shall not rent a short-term rental to a person that is under the age of 21. (D) Maintenance of rental contracts to city. Owners shall maintain all short-term rental contracts (in electronic or paper form) for a period of three years from the date of occupancy. The exact number of occupants shall be included in the contract as well as all city municipal code requirements regulating occupancy limits, noise, outdoor amplified music prohibition, public nuisance, parking, trash, no commercial activities and other code requirements related to the use and occupancy of the short-term rental.
(E) Submission of informational form. The owner shall obtain from the responsible person an "informational form," in the form provided by the city, which contains but is not limited to the following: (a) the name, address, telephone number and a copy of the valid government identification of the responsible person; (b) a list of the names of all occupants of the short-term rental; and (c) a list of all vehicle information and license plate numbers of the responsible person and occupants and guests. The Permit Administrator is authorized to amend the information required in the informational form pursuant to adoption of an administrative regulation as set forth in § 37.021. (F) Prior to occupancy procedures. Prior to occupancy of a short-term rental, the owner or owner's agent or representative shall advise of or require the following from the responsible person:
(1) Provide the responsible person with the local contact person's 24-hour availability information; (2) Require the responsible person to execute the informational form and an acknowledgment form, which provides that responsible person understands that he or she is legally responsible for compliance by all occupants of the shortterm rental and their guests with compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental and that the responsible person must be present at the property during the duration of the short-term rental period ("acknowledgment form").
Both the informational form and the acknowledgment form shall be maintained by the owner for a minimum of three years and be made readily available upon request of the city. (G) Posting of permit and owner's local contact person. The owner shall post a copy of the short-term rental permit, the name and phone number of the local contact person and a notice in the form required by the city of the applicable regulations nearthe primary entrance inside of the short-term rental. (H) Twenty-four hour availability. During the period of a short-term rental, the owner or owner's agency and/or the owner's local contact person shall be available 24 hours per day, seven days per week to respond to complaints from third parties regarding the condition, operation, or conduct of the occupants of the short-term rental, including responding in person at the location of the short-term rental. The local contact person's response to complaints can be made by telephone, text message or in person, however, in no event shall the response time exceed 15 minutes if responding by telephone or text or 45 minutes if an in-person response is required because of the severity of the complaint. Ifthe local contact person is contacted directly by the city, the local contact person shall respond within 15 minutes of the city's telephone call or text message. Ifthe city requests an in-person response, the local contact person shall respond in person at the location of the short-term rental within 45 minutes of the city's request. In all circumstances, complaints that the occupants of the short-term rental has created unreasonable or unlawful noise or disturbances in violation of Chapter 95 of the Municipal Code or the provisions of this chapter or is engaging in disorderly conduct, requires an inperson response by the local contact person. (I) Ampli?ed sound. At a minimum, the occupants of the short-term rental shall comply with the noise standards identified in Chapter 95C of the Municipal Code. Notwithstanding any other provision of theMunicipal Code, no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 512 of 764 machine, device or equipment (including a cellular phone or other similar device) that produces or reproduces any sound that is audible from the outside of any short-term rental beyond the property line between the hours of 9:00 p.m. to 8:00 a.m. Sunday through Thursday and 10:00 p.m. and 8:00 a.m. Friday and Saturday. Any machine, device or equipment that amplifies music inside any short-term rental shall not be heard beyond the property line of the short-term rental at all times at any time of day or night.
(J) Noise outside of short-term rental. Occupants of the short-term rental shall be prohibited from using all outdoor amenities and/or engaging in outdoor games or any outdoor activities that create noise between the hours of 9:00 p.m. to 8:00 a.m. Sunday through Thursday and 10 p.m. and 8 a.m. Friday and Saturday. A sign stating these restrictions must be clearly visible near any such spa/pool and posted on all interior doors leading to the exterior amenities. (K) Trash containers. The owner and/or occupants shall not allow trash and refuse to be stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days and in compliance with Section 95A of the Municipal Code. The owner of the short-term rental shall provide sufficient trash collection containers and service to meet the demand of the occupants. (L) No commercial vehicles or storage of delivered materials. The short-term rental use shall not involve the use of commercial vehicles for the delivery of materials to and from the premises beyond those commercial vehicles normally associated with residential uses nor storage of delivered materials beyond those items which would normally be associated with a residential use of property by the owner, or any occupant. (M) No commercial activities. The owner shall use reasonably prudent business practices to ensure that the shortterm rental is used for residential purposes only. (N) Retention of residential character. The owner of a short-term rental shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting and/or advertising mechanism. (0) Required information for advertisements. The owner shall include the current permit registration number on or in any advertisement appearing in any newspaper, magazine, brochure, television trade paper, internet website, etc., that promotes the availability or existence of the short-term rental in a place or location deemed acceptable by the Permit Administrator in the following format: "City of lndio Short-Term Rental Permit No. In the case of audio-only advertising of the same, the permit number shall be read as part of the advertising. In addition, the following shall be clearly identified in any advertisement: (1) maximum occupancy; (2) the number of permitted bedrooms; (3) maximum number of vehicles allowed; and (4) a photo of the front of the short-term rental. (P) Transient occupancy tax. The owner and/or owner's agent shall comply with all provisions of §§ 34.35 through
34.48 of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a return in accordance with § 34.41 of the Municipal Code, which shall be filed even ifthe vacation rental unit was not rented during each such reporting period.
(Q) Submission of internet listings. All internet listing sites (e.g. website URLs) and listing numbers associated with a short-term rental shall be submitted to the city by the owner or owner's agent within 30 days of approval of the short-term rental permit and any revisions thereafter shall be submitted to the Permit Administrator. (R) Modi?cation of operational requirements and standards. The operational requirements and standards may be modified by the Permit Administratorupon request of the owner based upon site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term rental occupant as may be required by state or federal disability laws. Allrequests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, ifthe requirement is not modified, reasonable use of the property for a short- term rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modi?cations of the standard conditions shall not further exacerbate an already existing problem.
(Ord. 1766, passed 12-14-21)
§ 37.013 SHORT-TERM RENTAL REGISTRY.
The city shall maintain an online registry of active short-term rental permits, which hosting platforms may reference and reply upon for the purposes of complying with § 37.014 of this code. If a residential dwelling or other property purporting to be a short-term rental matches with an address, permit number, and/or current and valid permit dates set forth in the city's online registry, the housing platforms may presume that the residential dwelling or other property has a current and valid short-term renal permit.
(Ord. 1766, passed 12-14-21)
§ 37.014 HOSTING PLATFORM REQUIREMENTS.
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 513 of 764 (A) Hosting platforms shall be responsible for collecting all applicable transient occupancy tax and remitting the same to the city.
(B) Subject to applicable laws, hosting platforms shall disclose to the city on a regular basis each short-term rental listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay. A (C) Hosting platforms shall be required to prompt hosts to include the city-issued permit registration number in their listing(s), in a format designated by the city. Hosting platforms shall not complete any booking transaction for any residential dwelling or other property purporting to be a short-term rental in the city unless it is listed on the city's registry created under § 37.013, at the time the hosting platform receives a fee for the booking transaction. (D) A hosting platform operating exclusively on the internet, which operates in compliance with subsections (A), (B) and (C) above, shall be presumed to be in compliance with this chapter. (E) The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal |aw(s) and willnot apply if determined by the city to be in violation of, or preempted by, any such |aw(s). (Ord. 1766, passed 12-14-21)
(A) No person, including an owner, shall rent, offer to rent, or advertise for rent a balcony, patio, swimming pool or other outdoor area of a short-term rental ("outdoor area") ifsuch rental does not occur in connection with the rental of the remaining residence or dwelling to which the outdoor area is attached. (B) No person, including an owner, shall charge a fee or request or require a donation for entrance into any shortterm rental. (C) No person, including an owner, shall rent, offer to rent, or advertise for rent structures not built for habitable use such as but not limited to tents, trailers, tree houses, garages, storages sheds and the like, or any open space on the property as a short-term rental.
(D) No person, including an owner, shall rent, offer to rent, or advertise for rent any impermanent, transitory, or mobile means of temporary lodging that is located on the same property as the short-term rental, including but not limited to a vehicle parked on the property, a storage shed, mobile homes, recreational vehicles, car trailers, boats or similar watercrafts, or any temporary structure, including but not limited to camping tents and tree-houses. (E) No person, including an owner, shall rent, offer to rent, or advertise for rent one or more short-term rentals as part of a cluster or compound. A short-term rental cluster or compound is prohibited. (F) A person who is renting a short-term rental is prohibited from subleasing such dwelling unit, or any portion thereof, to any other person or entity.
(G) The lessee of a long term rental property which includes but is not limited to a condominium, multi-family housing, single-family dwelling, accessory dwelling unit, junior accessory dwelling units, mobile home or house trailer on a residential lot or within a mobile home park, or a month-to-month renter of such properties, is prohibited from using their leased or rented property as a short-term rental.
(H) The owner, lessee or renter of a mobile home, a manufactured or prefabricated house or of a commercial or industrial structure is prohibited from using such property as a short-term rental. (l) The owner, lessee or renter of a recreational vehicle is prohibited from using such property as a short-term rental. (J) The owner, lessee or renter of an accessory dwelling unit or junior accessory dwelling unit, as those terms are de?ned in the Municipal Code, is prohibited from using such property as a short-term rental. (K) Commercial activities and special events, including but not limited to, weddings, receptions, large parties and sales events are prohibited on the property used as a short-term rental unless a special event permit is obtained pursuant to § 159.476 or as set forth in § 37.021.
(Ord. 1766, passed 12-14-21)
(A) In addition to any other remedy provided by this chapter, the Permit Administrator may suspend, modify or revoke a short-term rental permit for violations of this chapter, for violation of any other law on the premises of the short-term rental, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety or ifthe applicant made any false, misleading or fraudulent statement of a material fact in the application for permit, or any § 37.015 PROHIBITED ACTIVITIES.
§ 37.016 PERMIT SUSPENSION, MODIFICATION OR REVOCATION.
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 514 of 764 report or record required to be filed pursuant to this chapter. The permit holder shall be notified in writing of the grounds for denialor for suspension, modification or revocation of the short-term rental and shall be notified of their right to appeal the decision.
(B) The.Permit Administrator may revoke a short-term rental permit for a third or subsequent violation related to permitting or noise during the permit term. This section, however, shall not limitor prevent the Permit Administrator from revoking a short-term rental permit for any single violation of this chapter. (C) An owner whose permit is revoked may not apply for a new short-term rental permit until one year after the date of revocation.
(D) Ifa permit is suspended, revoked or denied, all property owners and occupants of residences within 500 feet of the parcel boundaries of the short-term rental shall be provided written notice within ten days of such action. (Ord. 1766, passed 12-14-21)
(A) The denial of an application for a short-term rental permit or the renewal of such permit, or the revocation, suspension or modification of such permit, may be appealed by submitting a written appeal form detailing the basis for the appeal and any additional documentation the appellant would like to be considered. (B) The completed appeal form must be delivered to the City Clerk within 15 days from the date of the letter denying the application for a permit or renewal permit or revoking, modifying or suspending the permit was sent. The appeal form must include payment of a non-refundable appeal fee in the amount established by resolution of the City Council. Failure to deliver the completed appeal form and/or appeal fee as required by this subsection willresult in the denial or revocation, suspension or modification being deemed as ?nal. (C) While the appeals process is pending, the appellant is prohibited from engaging in the short-term rental of the property and the short-term rental permit at issue shall not be valid. (D) Once a timely appeal form has been received by the City Clerk, a hearing on the matter shall be scheduled before the City Manager within 20 days of an appeal being ?led. The appeal hearing shall be open to the public. The decision of the City Manager or the designee shall be in writing and shall set forth the findings and reasons for the decision. The decision of theCity Manager is final.
(E) Ifan appeal is filed, all property owners and occupants within 500 feet of the parcel boundaries of the short-term rental shall be notified of the time, date, and location of the appeal hearing and shall be afforded the right to testify during the hearing. *
(Ord. 1766, passed 12-14-21)
§ 37.017 NOTICE AND APPEALS.
§ 37.018 VIOLATIONS AND PENALTIES.
(A) Operating a short-term rental without a valid permit is prohibited. Advertising shall be prima facie evidence of operation. Additional evidence of operation may include, but not limited to guest testimony, online reviews, rental agreements or any other information deemed relevant by the city. (B) Any person violating the provisions of this chapter, including without limitation the owner, responsible person, occupants and the local contact persons may be subject to administrative and/or judicial remedies as set forth herein.
The owner of a short-term rental shall be deemed responsible for all violations of this chapter occurring at the short-term rental or in connection with its operation, provided that this shall not preclude the city from issuing fines or citations to occupants, or exercising other remedies against occupants, ifthe responsible person or occupants are deemed to have committed the violation.
(C) Any person who violates any provision of this chapter is guilty of a misdemeanor. Such violation is punishable as set forth in § 10.99 of this code. Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation.
(D) Alternatively, any person who violates any provision of this chapter may be issued an administrative citation in accordance with Chapter 11 of this code. The amount of the administrative fine shall be set forth in a schedule of fines adopted by resolution of the City Council. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter.
(E) In addition to the foregoing, a violation of any provision of this chapter shall constitute a public nuisance and shall be subject to abatement by the city by means of a civil action or administrative abatement pursuant to Chapter 95A of this code, and each day such condition continues it shall be regarded as a new and separate offense.
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 515 of 764 (F) The remedies provided for in this section are in addition to. and not in lieu of, all other legal remedies, criminal o civil, which may be pursued by the city to address any violation of this chapter. r (Ord. 1766, passed 12-14-21)
§ 37.019 RECORDKEEPING.
Each owner shall maintain all written records related to the use and occupancy of the short-term rental, including but not limited to compliance with the operational requirements and standards set forth in § 37.010, for a period of three years, for the purpose of inspection or audit to determine that the objective and conditions of this chapter are being fulfilled.
In order to facilitate orderly administration of this chapter, the Permit Administratorshall have the authority to make interpretations of this chapter and to promulgate administrative regulations consistent with the provisions of this chapter for the purpose of interpreting, clarifying, carrying out, furthering and enforcing the requirements and provisions herein. copy of such administration regulations shall be on file in the Office of the City Clerk. (Ord. 1766, passed 12-14-21)
(Ord. 1766, passed 12-14-21)
§ 37.020 REQUIREMENTS NOT EXCLUSIVE
The requirements of this chapter shall be in addition to any license, permit or fee required under any other provision of the Indio Municipal Code. The issuance of any permit pursuant to this chapter shall not relieve any person of the obligation to comply with all other provisions of the Indio Municipal Code pertaining to the use and occupancy of the short-term rental or the property on which it is located. (Ord. 1766, passed 12-14-21)
§ 37.021 ADMINISTRATION AND ADMINISTRATIVE REGULATIONS.
Second Reading of Ordinance No. 1789 , a Development Agreement between t... Page 516 of 764 City of Indio
City Council
December 7, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Approve the three-year Professional Services Agreement with CV Strategies in the not-to-exceed amount of $150,000 per year for Marketing and Communication Services.
RECOMMENDATION:
Approve the three-year Professional Services Agreement with CV Strategies in the not-to-exceed amount of $150,000 per year to provide Marketing and Communication Services with two (2) possible one (1) year extensions; and authorize the City Manager and Executive Director to execute the agreement.
SUMMARY:
In October 2022, staff released a Request for Proposals (RFP) seeking community-oriented agencies to provide innovative marketing and communication services. Staff reviewed all five (5) proposals (CV Strategies, Cord Media, Tripepi Smith, Kyle & Co., and Goodsides) and after thorough consideration of each firm’s qualifications, experience, and project approach staff opted to interview four (4) firms, minus Goodsides. The interview panel was comprised of representatives from various departments:
City Manager’s Office, Indio Water Authority, and Economic Development. Subsequent to the interviews and the final rating matrix, staff recommended CV Strategies.
BACKGROUND INFORMATION:
The City of Indio and the Indio Water Authority sought agencies to join “Team Indio” with a commitment to improve the lives of residents and transform neighborhoods through innovative community building and marketing services. The specific services required are community outreach, event planning, graphic design, newsletter development and publishing, photography, public relations, social media, video, and website management.
The City Manager, Bryan Montgomery, has attracted talented and forward-thinking team members to help make Indio, into the most livable, smart, sustainable and vibrant city in the nation. Already worldrenowned as “The City of Festivals” for hosting the most famous and successful concerts on earth such as the Coachella Music & Arts and Stagecoach Festivals, the City is striving to bring that same type of creative vision and artistry to maintain a small-town feel and improve the quality of life for its existing and rapidly growing population.
The City has already begun efforts to build community and remake its image by launching a complete Rebrand of the City. For example, the City has enacted nationally-recognized community-oriented policing programs to address homelessness; conducted surveys to identify resident issues and AGENDA ITEM #13.13
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However, there is more work to be done. This is why a grassroots and community-oriented approach is needed to tap into the hearts and minds of every single Indio resident to help them fall in love with their own community, increase their participation and involvement in transforming their neighborhoods, build trust with their elected officials and city staff, and enhance the spirit of family and pride. The centerpiece of community building is strong relationships, and this is what Team Indio plans to establish with its residents. Having a presence at community events and city functions are key as well as providing exceptional customer service.
This full-scale marketing and communications campaign will be complimented by a robust media strategy with visually entertaining and informative content that will capture the attention of residents and visitors alike. Community building efforts will continue online as two-way communication is fostered between the City and residents. The positive change and excitement in the community will be used as a springboard to attract visitors and businesses through the City’s media channels. There will also be a focused effort to produce high quality economic development material that shows demographic and economic data and highlights the City’s assets and opportunities to attract business investment from around the world.
The objective of the RFP was to obtain proposals from qualified marketing and communication consultants that could provide strategic and innovative services on projects related to the City Council’s strategic priorities. Therefore, upon an in-depth review of the proposals followed by panel interviews, CV Strategies was identified as the most complete firm. Their interview was not only professional but also demonstrated their unequivocal buy-in to all things Indio.
The other agencies interviewed by staff were Cord Media, Tripepi Smith, and Kyle & Co., all of which performed well! However, Goodsides was not invited to interview because their proposal was solely based upon video services.
CV Strategies is a communications and community engagement firm that leverages expertise, influence and instincts to enhance the way public agencies tell their stories. Founded in 2007 by former television news director Erin Kaiman, CV Strategies helps clients blend media, messaging and audiences to connect with communities and drive support on the issues that matter. CV Strategies’ staff of 22 is comprised of former journalists, news executives, marketing experts and designers who use their storytelling skills to provide value to clients. The firm is currently involved in active, ongoing communications initiatives with more than 100 public agencies throughout California. Their strategists provide support on issues as diverse as branding, website design, strategic planning, crisis communications, public education campaign architecture, and tactical outreach implementation. With offices in Palm Desert, Los Angeles, and Sacramento, their team members leverage their diverse expertise, contacts, and skill sets to support water industry, energy and government clients. CV Strategies is deadline-oriented and driven to deliver updates and results that identify measurable targets and achieve progress throughout a project’s scope.
The initial term of the Agreement shall be for three (3) years with two (2) possible one (1) year extensions. The contract will be managed through the City Manager’s Office in conjunction with the Indio Water Authority.
FINANCIAL SUMMARY:
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Impact:
$150,000 In current year budget: Yes
Current FY General
Fund Impact:
$50,000 Budget adjustment: No
Next FY Financial
Impact:
$150,000 Strategic Objective: Community Outreach
Source of funds: IWA and General Fund Fund-Org-Object
Reference:
8106711-540027;
1011174-524002
Additional Financial Details:
The total annual contract amount is $150,000 whereas this cost will be split between the City ($100K) and IWA ($50K). However, this current FY cost is only $75K and will be split as City ($50K) and IWA ($25K).
ALTERNATIVES:
Modify the terms of the PSA.
ATTACHMENTS:
Attachment 1: PSA - CV Strategies
Attachment 2: RFP Marketing and Communications
Attachment 3: CV Strategies Proposal
Attachment 4: Cord Media Proposal
Attachment 5: Kyle & Co Proposal
Attachment 6: Goodsides Proposal
Attachment 7: Tripepi Smith Proposal
APPROVAL(S):
Steven Graham, City Attorney Approved - 29 Nov 2022
Samantha Lopez, Finance Manager Approved - 01 Dec 2022
Bryan H. Montgomery, City Manager Approved - 01 Dec 2022
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PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF INDIO,
A CALIFORNIA MUNICIPAL CORPORATION
AND
CV STRATEGIES
Form Approved 09/01/2022
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PROFESSIONAL SERVICES AGREEMENT
FOR
BETWEEN THE CITY OF INDIO AND CV STRATEGIES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 7th day of December 2022 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and CV Strategies (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter referred collectively referred to as the “Parties.”
RECITALS
1. City has sought a professional marketing and communication team via a Request for Proposal (RFP) as defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected in consultation with multiple city staff from various departments to perform those services.
3. Consultant was selected by the City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2025, with two (2) more possible one (1) year extensions, commencing on Effective Date, unless otherwise extended by written agreement of the Parties.
(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms
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and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”
(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services. (b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $150,000 per fiscal year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid
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to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council. (b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
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SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City
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pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.
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SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations
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promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such
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information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not
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include any Claims arising from the sole negligence or willful misconduct of the Indemnified parties.
(b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.
If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.
SECTION 19. CONTINUITY OF PERSONNEL.
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Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended or reduced, if
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circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Indio
Attn: City Manager
100 Civic Circle Drive
Indio, CA 92201
To Consultant: CV Strategies
Attn: Erin Kaiman
73700 Dinah Shore Drive
Palm Desert, CA 92211
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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.
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In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. Insurance requirements (“Addendum 1”)
2. All Exhibits and Addendums
3. All amendments
4. Consultant’s proposal, if any
5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 35. TIME OF ESSENCE.
Time is of the essence for each and every provision of this Agreement.
SECTION 36. FEDERAL FUNDS.
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In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]
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Signature Page
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR MARKETING AND COMMUNICATION SERVICES
BETWEEN THE CITY OF INDIO AND CV STRATEGIES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF INDIO
___________________________
Bryan Montgomery
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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Exhibit A – Scope of Services
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EXHIBIT “A”
SCOPE OF SERVICES
1. Community Outreach
Conduct citywide outreach efforts that provide constant presence and interaction with residents and businesses throughout the City. This requires attendance at City events and activities, including nights and weekends.
Responsibilities may include, but are not limited to:
• Providing information and giving out marketing items or “giveaways” at City sponsored booths or tables;
• Developing and conducting community surveys or collecting resident information at events or neighborhood canvassing campaigns;
• Scheduling and speaking at community organizational meetings, including non-profit organizations and business groups;
• Providing exceptional customer service, answering questions and following up on concerns and issues.
2. Event Planning
Provide comprehensive event planning services for municipal events and activities such as town hall meetings, park dedications, and the annual State of the City luncheon. Responsible for securing meeting locations, coordinating audio/visual services, developing marketing materials, conducting effective outreach efforts to ensure successful attendance at events, and preparing presentation materials and speeches.
3. Graphic Design
Create dynamic and original graphic designs that target a specific audience with appropriate messaging and artwork to engage the community and promote the City. Designs should build upon existing branding materials yet not be limited by it. Firms and/or professionals should have experience and a broad portfolio of designing materials such as flyers, brochures, booklets, posters, door hangers, logos, and promotional items. Assignments may be given with little notice and must be completed under tight deadlines. Firms and/or professionals are expected to produce designs with a “wow” factor and must have an advanced knowledge of using graphic design software. Knowledge of geographic information system software is also preferred. All designs shall be submitted in a format that may be edited by City staff so that it can be used customized for future marketing and advertising campaigns.
4. Newsletter Development and Publication
Develop and publish a monthly and/or quarterly electronic and/or print City newsletter for residents, visitors, entrepreneurs and investors to communicate City activities, and promote tourism and economic development. Firms and/or professionals are expected to create original content and stories, and must proactively seek information and images from City staff and/or the community. The City newsletter will be available on the City’s website and promoted via email and social media. Spanish translation of the newsletter is also preferred.
5. Photography Services
Provide high quality and current photographs of people, artwork, food, businesses, facilities and events to use for the City’s marketing materials, website, newsletter, and social media.
Must be able to create engaging photography campaigns, which may be coordinated with the community. Photographs shall also serve as a record of the City’s history and shall be
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Exhibit A – Scope of Services
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organized and saved in the City’s electronic records. Ability to take photographs by drones is highly preferred.
6. Public Relations
Prepare public relations materials such as press releases and media advisories. Be proactive in seeking information and conducting research for news stories. Strong writing and editorial skills required, and experience in speech writing.
7. Social Media
Provide highly active and engaging presence on social media using Facebook, Twitter, Instagram, YouTube, and other social networks. Must be creative and quickly communicate information with minimal guidance. Firms and/or professionals must be proactive “gogetters” that understand the strengths and needs of the community to effectively target local residents as well as tourists and businesses. Postings must be coordinated across all networks.
Firms and/or professionals must be constantly thinking about the City and are expected to reach out to community organizations and business groups to create original content. Must be able to create engaging social media campaigns and blogs, which may be coordinated with the community. It is also expected that questions and comments posted on social media are regularly monitored and responses provided within a reasonable amount of time in coordination with City staff. Knowledge of blogging is highly preferred.
8. Video Services
Provide high quality and current videos of people, artwork, food, businesses, facilities and events to use for the City’s marketing materials, website, newsletter, social media, the City’s YouTube channel, and other video sites. Must be able to create engaging video campaigns and vlogs, which may be coordinated with the community. Videos shall also serve as a record of the City’s history and shall be organized and saved in the City’s electronic records.
May also assist in operating the audio/visual equipment during council and commission meetings. Ability to take videos by drones is highly preferred.
9. Website Management
Manage the City’s website calendar, photographs, videos, and content. Create website pages that effectively provide information. Identify opportunities to create forms and/or convert to user-friendly formats. Constantly update and enhance the website homepage and secondary pages in coordination with City staff. Communicate with the City’s website provider to fix problems as necessary. Knowledge of a content management system (CMS) is preferred.
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Exhibit B – Compensation
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EXHIBIT “B”
COMPENSATION
The total budget for all components combined should not exceed $150,000 per Fiscal Year (prorated in FY2022-2023 at $75,000).
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Addendum 1 - Insurance
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ADDENDUM “1”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary
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Addendum 1 - Insurance
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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
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Addendum 1 - Insurance
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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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Addendum 2 – Federal Funds
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@cityofindio 760-391-4000 Indio.org
October 17, 2022
Subject: Request for Proposals for a Communications and Marketing Services To All Interested Parties:
The City of Indio is looking for community-oriented agencies and professionals that are knowledgeable about the City, passionate about improving people’s lives, and committed to creating positive change in the community. Join “Team Indio” to provide innovative community building and marketing services for Fiscal Year 2022-2023 and beyond.
Characteristics required include:
• Authentic concern for people of Indio and their well-being • Limitless creativity
• Passionate attention to City’s goals and vision
• Continuous improvement of craft and skills
• Courage to make bold changes
• Self-discipline and ability to meet deadlines and commitments • Positive and friendly attitude
• Action and results oriented
• Obsession for data and metrics to guide decisions
Services required include:
• Community outreach
• Event planning
• Graphic design
• Newsletter development and publishing
• Public relations
• Social media
• Video
• Website management
Bids must be submitted for all services above.
Enclosed is a copy of the Request for Proposal (RFP) for your review and consideration. You may submit your proposal to the City:
Attn: Scott Trujillo
Deputy City Manager
100 Civic Center Mall, Indio, CA 92201
Please provide four (4) hard copies of your proposal (three bound and one unbound), double sided, and one electronic copy (Adobe PDF) on a Flash Drive by Monday, November 14, 2022, 4:00 p.m.
PST.
If you have any questions regarding this RFP, please email Scott Trujillo at [email protected] or call (760) 391-4014.
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Communications and Marketing Services
Proposal Submittal Deadline:
Monday, November 14, 2022 by 4:00 p.m. PST
Attn: Scott Trujillo
Deputy City Manager
100 Civic Center Mall, Indio CA 92201
(760) 391-4014
[email protected]
Approve the three-year Professional Services Agreement with CV Strategie... Page 544 of 764 I. INTRODUCTION
The City of Indio is seeking agencies and professionals to join “Team Indio” with a commitment to improve the lives of residents and transform neighborhoods through innovative community building and marketing services. For Fiscal Year 2022-2023 the specific services required are community outreach, event planning, graphic design, newsletter development and publishing, photography, public relations, social media, video, and website management.
The City of Indio’s City Manager, Bryan Montgomery, has attracted talented and forward-thinking team members to help make Indio, into the most livable, smart, sustainable and vibrant city in the nation.
Already world-renowned as “The City of Festivals” for hosting the most famous and successful concerts on earth such as the Coachella Music & Arts and Stagecoach Festivals, the City is striving to bring that same type of creative vision and artistry to maintain a small-town feel and improve the quality of life for its existing and rapidly growing population.
The City has already begun efforts to build community and remake its image by launching a complete Rebrand of the City; enacting nationally-recognized community-oriented policing programs to address homelessness; conducting surveys to identify resident issues and priorities; created community centers and relevant programming for Seniors and Teens; building a state-of-the-art Public Safety Campus along with a new City Hall and Library; launched a new user-friendly website; partnered with community and business organizations to offer activities for both locals and visitors such as the Second Saturdays and a weekly Farmers Market.
However, there is more work to be done. This is why a grassroots and community-oriented approach is needed to tap into the hearts and minds of every single Indio resident to help them fall in love with their own community, increase their participation and involvement in transforming their neighborhoods, build trust with their elected officials and city staff, and enhance the spirit of family and pride. The centerpiece of community building is strong relationships and this is what Team Indio plans to establish with its residents. Having a presence at community events and city functions are key as well as providing exceptional customer service.
This full-scale marketing and communications campaign will be complimented by a robust media strategy with visually entertaining and informative content that will capture the attention of residents and visitors alike. Community building efforts will continue online as two-way communication is fostered between the City and residents. The positive change and excitement in the community will be used as a springboard to attract visitors and businesses through the City’s media channels. There will also be a focused effort to produce high quality economic development material that shows demographic and economic data, and highlights the City’s assets and opportunities to attract business investment from around the world.
II. ABOUT THE CITY
The City of Indio is located in the central eastern portion of Riverside County in a region known as the Coachella Valley. The City of Indio is directly accessible by Interstate 10, State Highway 86, Union Pacific Railroad, and Highway 111. The City is partially bordered by the City of La Quinta, the City of
Approve the three-year Professional Services Agreement with CV Strategie... Page 545 of 764 Coachella, and unincorporated Riverside County. The estimated population is approximately 100,000 with significant growth anticipated over the next 10 years.
III. SCOPE OF WORK
The City seeks agencies and professionals to provide strategic and innovative services on designated projects based upon City Council’s strategic priorities. Qualified firms and professionals shall consider and make recommendations regarding the following tasks or similar activities for the current fiscal year, which ends on June 30, 2023, with the option to extend additional years.
The specifications for each of the components below shall be presented with a proposed cost.
Consultant(s) can propose additional or combine recommendations in a separate budget line item.
Consultant is expected to prepare beyond the end of the fiscal year to implement certain projects.
The total budget for all components combined should not exceed $150,000 per Fiscal Year (prorated in FY2022-2023) and should include an estimated budget for implementation starting in December or January. Agencies or professionals seeking to join Team Indio should demonstrate experience in effective community building and/or marketing services. The successful firm(s) or professional(s) will coordinate all services under the Agreement with the City Manager or their staff designee(s).
The City will work closely with firms and/or professionals to develop an effective marketing plan to engage the community and promote the City. However, it is expected that consultants develop their own creative ideas to present to the City on a regular basis to ensure outreach activities, messaging and designs are constantly evolving and become more effective over time. Also, consultants must be able to work in a fast-paced environment, are expected to work independently with minimal guidance, and must be proactive in seeking information, gathering written and visual materials, and coordinating with City staff and consultants, if necessary, in the course of completing their work. Effective organizational skills are a must and firms and/or professionals are expected to complete assignments on time and meet deadlines on short notice and with minimal follow-up from City staff.
Firms or professionals may submit proposals for one or multiple components of this Scope of Work.
1. Community Outreach
Conduct citywide outreach efforts that provide constant presence and interaction with residents and businesses throughout the City. This requires attendance at City events and activities, including nights and weekends.
Responsibilities may include, but are not limited to:
• Providing information and giving out marketing items or “giveaways” at City sponsored booths or tables;
• Developing and conducting community surveys or collecting resident information at events or neighborhood canvassing campaigns;
Approve the three-year Professional Services Agreement with CV Strategie... Page 546 of 764 • Scheduling and speaking at community organizational meetings, including non-profit organizations and business groups;
• Providing exceptional customer service, answering questions and following up on concerns and issues.
2. Event Planning
Provide comprehensive event planning services for municipal events and activities such as town hall meetings, park dedications, and the annual State of the City luncheon. Responsible for securing meeting locations, coordinating audio/visual services, developing marketing materials, conducting effective outreach efforts to ensure successful attendance at events, and preparing presentation materials and speeches.
3. Graphic Design
Create dynamic and original graphic designs that target a specific audience with appropriate messaging and artwork to engage the community and promote the City. Designs should build upon existing branding materials yet not be limited by it. Firms and/or professionals should have experience and a broad portfolio of designing materials such as flyers, brochures, booklets, posters, door hangers, logos, and promotional items. Assignments may be given with little notice and must be completed under tight deadlines. Firms and/or professionals are expected to produce designs with a “wow” factor and must have an advanced knowledge of using graphic design software.
Knowledge of geographic information system software is also preferred. All designs shall be submitted in a format that may be edited by City staff so that it can be used customized for future marketing and advertising campaigns.
4. Newsletter Development and Publication
Develop and publish a monthly and/or quarterly electronic and/or print City newsletter for residents, visitors, entrepreneurs and investors to communicate City activities, and promote tourism and economic development. Firms and/or professionals are expected to create original content and stories, and must proactively seek information and images from City staff and/or the community.
The City newsletter will be available on the City’s website and promoted via email and social media.
Spanish translation of the newsletter is also preferred.
5. Photography Services
Provide high quality and current photographs of people, artwork, food, businesses, facilities and events to use for the City’s marketing materials, website, newsletter, and social media. Must be able to create engaging photography campaigns, which may be coordinated with the community.
Photographs shall also serve as a record of the City’s history and shall be organized and saved in the City’s electronic records. Ability to take photographs by drones is highly preferred.
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6. Public Relations
Prepare public relations materials such as press releases and media advisories. Be proactive in seeking information and conducting research for news stories. Strong writing and editorial skills required, and experience in speech writing.
7. Social Media
Provide highly active and engaging presence on social media using Facebook, Twitter, Instagram, YouTube, and other social networks. Must be creative and quickly communicate information with minimal guidance. Firms and/or professionals must be proactive “go-getters” that understand the strengths and needs of the community to effectively target local residents as well as tourists and businesses. Postings must be coordinated across all networks. Firms and/or professionals must be constantly thinking about the City and are expected to reach out to community organizations and business groups to create original content. Must be able to create engaging social media campaigns and blogs, which may be coordinated with the community. It is also expected that questions and comments posted on social media are regularly monitored and responses provided within a reasonable amount of time in coordination with City staff. Knowledge of blogging is highly preferred.
8. Video Services
Provide high quality and current videos of people, artwork, food, businesses, facilities and events to use for the City’s marketing materials, website, newsletter, social media, the City’s YouTube channel, and other video sites. Must be able to create engaging video campaigns and vlogs, which may be coordinated with the community. Videos shall also serve as a record of the City’s history and shall be organized and saved in the City’s electronic records. May also assist in operating the audio/visual equipment during council and commission meetings. Ability to take videos by drones is highly preferred.
9. Website Management
Manage the City’s website calendar, photographs, videos, and content. Create website pages that effectively provide information. Identify opportunities to create forms and/or convert to user-friendly formats. Constantly update and enhance the website homepage and secondary pages in coordination with City staff. Communicate with the City’s website provider to fix problems as necessary. Knowledge of a content management system (CMS) is preferred.
IV. CITY TASKS
As needed, the City will provide demographics information, photos, existing information on economic development tools, pamphlets, resident guides, reports, etc. Consultant should however strive to be self-sufficient to the extent possible due to City Staff’s time constraints.
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The qualified consultant should be prepared to meet directly or confer over the phone several times a week. In some cases, the consultant may be required to attend meetings, and make presentations.
VI. CONTRACT
The project contract will be based on the final scope of work that is mutually agreed upon between the City and consultant(s). The contract will be negotiated for the project for the extent of services to be rendered and for the method of compensation. Consultants are requested to submit a line-item cost estimate that is realistic for the proposed approach. The budget should cover all costs including consultant fees, mileage and production costs. Consultants shall not perform any work on the project prior to execution of a written contract by both the City and the Consultants and furnishing of all required insurance certificates and business license by the consultants. The City requires a minimum insurance limit of $1,000,000 each for general liability, automobile and errors and omissions. A draft Professional Services Agreement will be provided to those who submit a RFP.
The City reserves the right to negotiate modifications to the proposals presented and/or the use of specific individuals or Firm(s).
VII. KEY DATES
Release of RFP October 17, 2022 @ 10:00 AM
Deadline for submittal November 14, 2022 @ 4:00 PM
Interview for finalists (if needed) November 17, 2022
Award of contract December 7, 2022
Targeted contract commencement Mid December 2022/Early January 2023 VIII. QUESTIONS
All questions regarding this RFP shall be submitted in writing to Scott Trujillo, Deputy City Manager, via email at: [email protected].
IX. PROPOSAL REQUIREMENTS
Format – The proposal should include a table of contents and numbered pages. The document should be standard (8½” x 11”) letter-sized paper. Please include only requested materials.
The proposal should include the following information:
1. The name and resume of the responsible person who would be in charge of the project,
Approve the three-year Professional Services Agreement with CV Strategie... Page 549 of 764 information on other design team members, an estimate of the time required to complete the project;
2. An executive summary of the proposal being submitted;
3. The proposed fees. The fees are to be broken down by task demonstrating how the fee was calculated. Cost proposal shall provide a specific fixed cost estimate and a “not to exceed” cost ceiling. The proposal shall address basic hourly wage rates, including all reimbursable expenses and overhead;
4. Identification of the project team organization and specific personnel to be assigned. Provide resumes of the professional staff to be assigned to the project. The resumes should address education, experience, and other related qualifications of designated personnel. Indicate the current and anticipated project responsibilities of key personnel;
5. Describe the Consultant’s experience, especially as related to completing similar projects as being discussed in this RFP;
6. Identify and provide resumes of any sub-consultants who will be utilized on this project;
7. Explain in detail how your firm will accomplish the items specified in the Scope of Work;
8. Information on past or present projects concerning budgeted costs versus actual costs, scheduled completion dates versus actual completion dates, and other relevant information concerning your firm’s ability to deliver the project. This shall also include references on each cited;
9. A proposed project schedule for the fiscal year shall be included in the proposal; and
10. A minimum of three verifiable references.
X. SELECTION PROCESS
A review committee consisting of City staff will review responses to the RFP, and select the most qualified firms for further evaluation and fee negotiation.
Qualified firms may be invited to make an oral presentation on their proposal. The City, however, reserves the right to reject any and all proposals.
XI. EVALUATION CRITERIA
A. Suitability of the Proposal – the proposed solution meets the needs and criteria presented in the RFP.
B. Expertise in recommending and communicating appropriate technical and aesthetic solutions as demonstrated by the proposal and references.
C. Aesthetic Capabilities – Prior work reflects artistic and innovative, user friendly interfaces that engage communities and viewers.
D. Proposal Presentation – The information is communicated in a clear, logical manner and is well organized.
Approve the three-year Professional Services Agreement with CV Strategie... Page 550 of 764 XII. GENERAL INFORMATION
A. The Consultant must be able to meet all City insurance requirements and the provisions.
B. The City reserves the right to request additional information from any or all of the respondents.
C. The City reserves the right to reject any or all of the proposals. Late or incomplete proposals may not be considered. The City shall have sole discretion in determining the completeness of each proposal.
D. The City shall reserve the right to contact past clients for references.
E. The terms and scope of the contract will be determined on the basis of professional negotiations between the City and the prospective Consultant. If the City and the prospective Consultant fail to reach a contractual agreement, the City may negotiate with any other highly ranked consultant.
F. The City reserves the right to waive minor discrepancies and to reject any and all proposals for any reason.
XIII. PROPOSAL SUBMITTAL REQUIREMENTS
Quantity - Four (4) copies (three bound and one unbound), plus one electronic copy in Adobe Acrobat (PDF) format on a Flash Drive.
Deadline for Submittal - The filing deadline for submittal of the above proposal is 4:00 p.m. on Monday, November 14, 2022, or until a sufficient number of proposals are received. The City reserves the right to extend the deadline date as necessary. Please remit the documents to:
Scott Trujillo
Deputy City Manager
City Manager’s Office
100 Civic Center Mall Indio, CA 92201
For additional information or questions please contact Scott Trujillo at (760) 391-4014 or via email at [email protected].
Approve the three-year Professional Services Agreement with CV Strategie... Page 551 of 764 SUBMITTED MONDAY, NOVEMBER 14, 2022, BY:
Erin Kaiman
President, CEO & Founder, CV Strategies
[email protected] | 760.641.0739
Los Angeles • Palm Desert • Sacramento CVSTRATEGIES.COM
REQUEST FOR PROPOSALS
CITY OF INDIO
for Communications and Marketing Services
Approve the three-year Professional Services Agreement with CV Strategie... Page 552 of 764 Los Angelles | Palalm Desert | SSaacraamento
November 14, 2022
Scott Trujillo
Deputy City Manager
100 Civic Center Mall
Indio, CA 92201
Dear Mr. Trujillo,
CV Strategies is pleased to present the attached proposal for Communications and Marketing Services to support Indio’s rebirth and advance its standing as a great city to live, work and play.
We look forward to continuing our successful relationship with the City, where we have worked side by side with leadership and staff as the stand-in PIO these last six months, and provided communications outreach services to Indio Water Authority since 2012. It has been a pleasure to witness Indio’s immense growth in economic development, quality of life offerings and positive media coverage. We are eager to help continue that forward trajectory through strategic community outreach and public relations.
Our experience working closely with the City of Indio gives us unique insight into local issues, attitudes and perspectives that we can leverage to provide added value to the high-quality work we provide. Our deep knowledge of the region will allow us to effectively create a nexus between your messages and community benefit.
CV Strategies is a Coachella Valley-based public agency partner with a staff of 22 that includes an in-house team of marketing veterans, brand managers, content developers, graphic designers, photographers, videographers and translators who are available to you 24 hours a day, 7 days a week. Since our founding in 2007, we have demonstrated substantial expertise in the development of successful marketing, branding and outreach campaigns for numerous municipalities and special districts across California.
Should you need additional information, please do not hesitate to contact our Vice President, Tara Bravo, directly at 510-300-5843 or [email protected].
We look forward to partnering with you on this project and are happy to present this proposal, which is firm and binding for up to 90 days from the date of receipt.
Sincerely,
Erin Kaiman
President, CEO & Founder
CV Strategies
73700 Dinah Shore Drive
Palm Desert, CA 92211
[email protected] | 760.641.0739
Office: 760.776.1766 | Fax: 760.776.1760 | [email protected] | cvstrategies.com
Approve the three-year Professional Services Agreement with CV Strategie... Page 553 of 764 TABLE of CONTENTS
3 Cover Letter 2
Project Understanding 4
Project Schedule 5
Background 6
Firm's Qualifications 7
The CV Strategies Nexus 8
Organizational Chart 9
Resumes 10
References 19
Work Samples 24
Work Plan 27
01 – Community Outreach 28
02 – Event Planning 30
03 – Graphic Design 32
04 – Newsletter Development & Publication 34
05 – Photography Services 36
06 – Public Relations 38
07 – Social Media 40
08 – Video Services 42
09 – Website Management 44
Cost Proposal 46
Hourly Rates & Contract Terms 46
Appendix 47
Partial Client List 48
Optional Services Offered 49
Value-added Services 50
Approve the three-year Professional Services Agreement with CV Strategie... Page 554 of 764 4 PROJECT UNDERSTANDING
Targeted, strategic outreach is essential to helping the City of Indio communicate its vital role in the lives of the people it serves as well as the robust community-building efforts underway such as the downtown revitalization, expanded
entertainment options, increased broadband service and
business-friendly focus.
CV Strategies recognizes Indio’s desire to build additional momentum and community support for its transformation
into the most livable, sustainable and vibrant city in the nation. We look forward to continuing to assist Indio with community outreach, event planning, graphic design, newsletter development and publishing, photography, public relations, social media, video and website management.
Our approach is based on a proven, four-phase process to develop and implement communications and marketing services.
RESEARCH
We begin with research that includes a review of
the City's communications materials, in addition
to social media analytics. We will re-evaluate
threats, opportunities, weaknesses and strengths
and public perception to identify openings for improved communications practices.
PLANNING
Using the information gathered above, our team will
collaborate with staff to identify communication
goals and objectives. CV Strategies will then update
the City’s key messaging themes that will serve as the
foundation for all outreach and create a messaging framework. The key messages will form the core of a custom 12-month outreach calendar that details optimal communications practices for target audiences – including employees – and uses known best practices for effective municipal outreach. The calendar will detail how collateral materials should be utilized and which activities should be prioritized. In addition to print and electronic channels, various communication tools such as education programs, community events, partnerships, advertising, and sponsorship opportunities will be considered and specified for best use of resources. The calendar will include earned media strategies for increasing coverage of City activities, programs and initiatives.
IMPLEMENTATION
CV Strategies consultants will guide the City in the
rollout and deployment of the outreach strategies,
which will be geared toward maximizing awareness
and positive perceptions of the City. The outreach
calendar will be accompanied by an implementation timeline that identifies priorities and low-hanging fruit that can be affected immediately. Recommendations for long-term planning may be included to align with the City’s greater overall vision.
EVALUATION
With this framework, CV Strategies will assist the
City with building in an internal evaluation method
that offers feedback and checks and balances on
communications efforts. The outreach calendar
will include means by which to track and measure success.
Methods will be determined based on the strategies themselves and the resources available. Throughout the process, we will keep staff informed through regular phone calls, emails and progress meetings.
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PROJECT SCHEDULE
DELIVERABLE DEC JAN FEB MAR APR MAY JUN
Research
Planning
Implementation
Community Outreach
Event Planning
Graphic Design
Newsletter Development & Publication
Photography Services
Public Relations
Social Media
Video Services
Website Management
Evaluation
5
Approve the three-year Professional Services Agreement with CV Strategie... Page 556 of 764 Background
6
Approve the three-year Professional Services Agreement with CV Strategie... Page 557 of 764 CV Strategies is a communications and community engagement firm that leverages expertise, influence and instincts to enhance the way public agencies tell their stories. Founded in 2007 by former television news director Erin Kaiman, CV Strategies helps clients blend media, messaging and audiences to connect with communities and drive support on the issues that matter. CV Strategies’ staff of 22 is made up of former journalists, news executives, marketing experts and designers who use their storytelling skills to provide value to clients.
The firm is currently involved in active, ongoing communications initiatives with more than 100 public agencies throughout California. Our strategists provide support on issues as diverse as branding, website design, strategic planning, crisis communications, public education campaign architecture, and tactical outreach implementation. Our extensive experience makes us adept at crafting effective messaging for organizations with varying stories to tell.
The firm has developed conservation, education and engagement campaigns for clients across California. With offices in Palm Desert, Los Angeles, and Sacramento, our team members leverage their diverse expertise, contacts, and skill sets to support water industry, energy and government clients. Our firm is deadline-oriented and driven to deliver updates and results that identify measurable targets and achieve progress throughout a project’s scope.
We provide our clients with a diverse set of tactics to help them meet their outreach objectives with a wide variety of audiences.
Through careful research, planning and strategic implementation, our specialists work closely with staff to create effective and innovative solutions to communication challenges. CV Strategies unites these elements to fulfill the organization’s vision and ensure achievement of communication goals.
7 FIRM’S QUALIFICATIONS
Approve the three-year Professional Services Agreement with CV Strategie... Page 558 of 764 8 THE CV STRATEGIES NEXUS
WE UNDERSTAND PUBLIC AGENCIES.
With more than 100 current public agency clients across the state, CV Strategies consultants have an intimate knowledge of municipalities and special districts, and are well versed in the tactics that enhance customer engagement and messaging success.
WE KNOW THE REGION.
We understand the unique relationships, communities, and issues of the region, as well as the messages that resonate with stakeholders. In addition, an extensive portfolio of strategic communication initiatives for public sector clients throughout the state has fostered a deep understanding of the issues that impact California communities.
WE ARE SKILLED STORYTELLERS.
Our backgrounds in journalism, advertising, design, film production and social media marketing have honed keen storytelling instincts that help create dynamic visuals and compelling copy.
WE THINK HOLISTICALLY.
Our professionals are experienced in gathering and analyzing information in pursuit of a comprehensive and holistic strategic approach. The guidance and counsel we provide is engineered out of an in-depth understanding of client nuance and need.
WE DO ALL OUR WORK IN HOUSE.
CV Strategies offers a full suite of in-house creative services – concepting, copywriting, design, web production, photography, videography, social and digital media. This combined-services approach improves control of costs and deadlines, while close interaction between designers, copywriters and account coordinators results in deliverables that are cohesive, targeted, and harmonious.
Approve the three-year Professional Services Agreement with CV Strategie... Page 559 of 764 9 KEY PERSONNEL QUALITY ASSURANCE
The team for this project will include:
• Project Director: Erin Kaiman
• Project Manager: Tara Bravo Mulally
• Account Support: Jessica Mediano
• Content Development: Janet Zimmerman
• Social Media Support: Beatrice Eslamboly
• Creative Director: Lynn Oliva
• Graphics Support: Marcos DeHaro
• Multimedia Director: Allyssa Dickert
CV Strategies will ensure staff quality through regular review of work performed. All deliverables undergo a series of management reviews and edits prior to final approval by a Project Director. In addition to the project team identified, the talent and experience of our staff allows for backup if necessary, so deadlines are always met.
ORGANIZATIONAL CHART
Nicole Lohf
Executive Assistant
Zach Devane
Social Media
Marketing Specialist
Tara Bravo Mulally
Senior Vice President
Erin Kaiman
President, CEO & Founder
Beatrice Eslamboly
Account Manager,
Marketing Services
Marcos DeHaro
Chief Illustrator
Nisha Ajmani
Account Manager &
Photographer
Heather Anderson
Graphic Designer
Jennifer Reyes
Graphic Designer
Shawn Harkness
Account Manager
Chris Clemens
Account Manager
Kevin Solis
Videographer
Jake Johnson
Production Assistant
Chelsea Van Es
Web Developer
Jessica Mediano
Account Support
Specialist
Jacob Morrison
Website Specialist
Jude Johnson
Chief Financial Officer
Allyssa Dickert
Director of Multimedia
Lynn Oliva
Director of
Creative Services
Janet Zimmerman
Director of
Account Management
9
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PROJECT EXPERIENCE
University of Southern
California
Los Angeles, California
Bachelor of Arts Degree //
Broadcast Journalism
The California Club //
Board Member
FIND Food Bank //
Board Member
California Utility Executive
Management Association //
Board Member
Jim Murray Memorial
Foundation //
Board Member
Pacific Southwest Chapter
Emmy // June 2003
Best Newscast Winner
Pacific Southwest Chapter
Emmy // June 2004
Best Newscast Winner
Communicator Award
Winner // January 2006
Breaking News
Bill Stout Memorial Award
of Excellence Winner //
March 2006
Best Spot News Coverage
Winner // March 2006
[email protected] | 760.641.0739
ERIN KAIMAN
PRESIDENT, CEO & FOUNDER
SELECT AWARDS AFFILIATIONS EDUCATION
10 City of Banning – Outreach and branding, Banning, California. Led development of a strategic communications plan as well as general outreach, including rebranding of the transportation system, transit maps and a new City seal, and is currently developing an outreach campaign for organics recycling.
City of San Carlos – Strategic Communications Planning, San Carlos, California. CV Strategies led a multi-month, in-depth strategic communications planning process, creating a communications manual for multiple department staff to be able to take a more active role in disseminating public infomation. With questionnaires asking all the details, rather than hunting for the information from staff sources, the City's public information department could move forward quickly on event outreach and secure additional coverage without losing the City's overall messaging or communications objectives.
City of Ontario – Crisis Communications, Ontario, California. CV Strategies stepped in to prepare staff and facilitate some potentially contentious discussions surrounding water quality. We armed staff with presentations, flyers, mailers, compliance components and detailed notes of meeting interactions to ensure the City was covered on all fronts.
City of Beaumont – Rebrand, Beaumont, California. CV Strategies was asked to complete a rebrand for the City including tagline and new logo. We also developed a brand style guide, stationary set and presentations for this "City Elevated."
College of the Desert – State of the College, Palm Desert, California.
Directed all outreach and strategic planning related to the president/ superintendent’s annual State of the College event for more than 200 regional thought leaders and influencers. The project involved advertising, content and design of a 60-page annual report, event planning, speech writing and numerous videos for the event presentation.
An Emmy Award-winning journalist with over 25 years in the communications industry, Erin Kaiman is the President and Founder of CV Strategies, a Southern California strategic communications and public engagement firm serving corporate, government and non-profit clients.
Erin has led the communications and public affairs support team and overseen graphics development for myriad cities, water districts, and nonprofit organizations across the state for more than a decade. A talented mediator, she has provided guidance to numerous government agencies through the strategic planning process, leading workshops and providing key messaging strategies to gain positive public perception. Her insights into the minds of reporters and editors are often one step ahead of the story of the day, offering a highly valuable service that is difficult to match.
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PROJECT EXPERIENCE
California State University,
East Bay
Hayward, California
Bachelor of Science // Business
Administration
Graduated Cum Laude
Cogswell Polytechnical
College
Sunnyvale, California
Computer Arts Focus
Association of California
Water Agencies //
Communications Committee
Friends of the Desert
Mountains //
Board of Directors
ABA Stevie Award //
iEfficient
Water Conservation Website
PRSA Capella Award //
Elsinore Valley Municipal
Water District
Notice of Public Hearing
PRSA Capella Award //
iEfficient
Water Conservation Campaign
CAPIO Award of Distinction //
East Valley Water District
Transitioning to Budget Based Rates
CAPIO Award of Merit //
Rowland Water District
Strategic Plan
CAPIO Award of Distinction //
Elsinore Valley Municipal
Water District
Variable Sewer Outreach Plan
City of Indio – Communications and Marketing Services, Indio, California. Direct public relations and outreach across all City departments, elevating messaging and branding to ensure consistency in all presentations and materials. Key accomplishments include managing development of: State of the City speeches, videos and giveaways; Second Saturdays and Downtown renaissance publicity; department branding elements; and What’s on Center Stage newsletter.
City of San Diego – Meeting Facilitation, San Diego, California.
When the City needed to message deep into the community, they turned to CV Strategies to host District-specific virtual town halls. This tactic led to a complete success at the Council level with a unanimous vote for the proposed policy changes.
City of Santa Ana – Targeted Outreach, Santa Ana, California.
Oversees development of infographics, presentations, talking points, videos and collateral to support a new manager in his elevated position; provides training and strategic counsel.
City of Rancho Cucamonga – Branding, Rancho Cucamonga,
California. Facilitated the strategic planning sessions and evolved the City of Rancho Cucamonga logo to reflect the energized, growthfocused city, while still honoring its agricultural heritage.
City of Palm Desert – COVID-19 Messaging, Palm Desert, California.
To combat misinformation and build public confidence in testing and vaccination, the City of Palm Desert created a video series, highlighting council members having candid chats about the coronavirus with local nurses, businesses, clergy, non-profits and firefighters. Under the Unity Palm Desert brand, there were long-form videos created for the website and short-form videos produced for social media.
City of Oxnard – Community Meetings and Social Media, Oxnard, California. Managed social media posting and content creation surrounding key shifts in community behaviors and upcoming capital improvement projects. Created a newsletter and implmented it with success.
Tara leads the staff at CV Strategies, where she guides the development and execution of communications and outreach campaigns for public agencies, nonprofits and corporations. She has served as the architect of multiple, complex outreach efforts that include enhanced website design, branding, strategic planning, water and wastewater rates outreach, video direction and communications training.
Tara’s background in graphic design gives her a unique skill set and the ability to convey highly technical information in a visual format that provides added value to her work with clients. Since joining CV Strategies in 2010, Tara has proven herself as a skilled leader who helps clients successfully overcome their communications challenges. [email protected] | 510.300.5843
TARA BRAVO MULALLY
SENIOR VICE PRESIDENT
SELECT AWARDS AFFILIATIONS EDUCATION
11
Approve the three-year Professional Services Agreement with CV Strategie... Page 562 of 764 Public Relations Society of
America, Inland Empire
Chapter //
Board Member, Secretary
2018-2020
California Newspaper
Publishers Association //
Better Newspapers Contest
First Place, Feature Story:
“Autism: The Struggle Within”
Pulitzer Prize Nominee //
Coverage and special projects:
“Reckoning With
Homelessness,” “Crisis on Tap,”
about California’s water issues,
and “Breaking the Silence,”
about sexual assault.
California State University
Long Beach, California
Bachelor of Arts // Journalism
University of California
Los Angeles
Undergraduate
PROJECT EXPERIENCE
Basin Technical Advisory Committee – Led the 19-agency, $466,000 iEfficient conservation campaign that spanned two counties and was a model for regional cooperation among water agencies. The award-winning campaign included a mobile app to report water waste; earned media coverage; billboards; theater, print, radio and geotargeted digital ads; PSAs, sponsorships; collateral, giveaways, signage and activities for event booths; and original content such as kids’ activities and videos. In addition to a four-fold increase in social media followers, surveys throughout the 4-year campaign showed significant increases in awareness of the importance of conservation.
Solano Irrigation District – Managed crisis communications following the electrocution deaths of two teenagers in a district-owned canal. The situation required internal strategy discussions, immediate communications with staff, media relations, rumor control, oncamera and newspaper interviews and a press release once a settlement on a civil lawsuit in the case was reached.
City of Rancho Cucamonga – Created a strategic communications plan based on a robust audit of collateral and other communications, extensive interviews and a SWOT analysis with employees, City leaders, Board members and the community, ride alongs with code enforcement and other personnel. Also updated the City’s logo, developed a style guide and social media policy.
Hi-Desert Water District – Organized a ribbon cutting for the opening of the district’s first wastewater treatment plant, part of a multi-year effort to eliminate septic tanks. The project included a site visit, pricing for rentals and giveaways, printing photography, and day-of assistance.
Desert Healthcare District – Led a COVID-19 outreach campaign to educate and provide resources for the public and position the district as a trusted source of information.
The campaign included a comprehensive microsite with hyperlinks to web resources, press relations, social media content, newsletters, radio and newspaper advertising, and a weekly video update and message from the district CEO.
Coachella Valley Water District – Managed customer communications for a 10-year, 44-mile pipeline replacement project in Sun City Palm Desert. The outreach campaign includes weekly construction team meetings, weekly e-blasts, newsletter ads, PowerPoint presentations, community meetings and signage.
With decades of journalism experience, Janet brings strong storytelling and editing skills to her work with public agency clients. Janet's ability to transform complicated, technical information into content that is relevant, readable, and compelling has been recognized nationally, with a Pulitzer Prize nomination for water reporting.
Along with her wide-ranging media connections and story instincts, Janet is skilled at delivering information on multiple platforms, and creating engaging written content that empowers and influences diverse audiences. Janet’s all-encompassing experience helps her in crafting successful strategic planning for clients in a variety of industries. [email protected]
JANET ZIMMERMAN
DIRECTOR OF ACCOUNT MANAGEMENT
SELECT AWARDS AFFILIATIONS EDUCATION
12
Approve the three-year Professional Services Agreement with CV Strategie... Page 563 of 764 Software //
Final Cut Pro X
Edius
Adobe Premiere
Pro
Adobe Photoshop
Microsoft Office //
Excel
PowerPoint
Word
Cameras //
Canon DSLR
Sony JVC
DJI Mavic Mini
College of Communications,
California State University
Fullerton, California
Bachelor of Arts //
Entertainment Studies and
Tourism/Radio TV Film
Certifications //
FAA Certified Drone Pilot
FAA Airman Knowledge Test,
UAS Part 107
With 10 years of experience in television news, Allyssa Dickert is an experienced multimedia journalist with extensive proficiency in video production. Her ability to develop innovative, high-quality content, combined with her creative energy, enthusiasm, and advanced technical skills, makes her an integral part of the CV Strategies team.
Allyssa is adept at transforming concepts into results that exceed clients’ expectations.
She successfully manages and leads projects from start to finish, including identifying story ideas, conducting research, writing, interviewing and producing. Her experience as an influential news reporter, producer and writer gives her a knack for storytelling, allowing her to create content that engages the viewer. She is adept at turning complex topics into digestible, compelling information and generating content that can be shared across multiple platforms, while also promoting the client’s brand and visual identity.
ALLYSSA DICKERT
DIRECTOR OF MULTIMEDIA
Upper Midwest Emmy Nominee
// 2017
Continuing Coverage, Dakota
Access Pipeline Protests
Eric Sevareid Awards // 2016
First Place, Spot News
Merit Award, Continuing Coverage,
Dakota Access Pipeline Protests
Associated Press Great Plains
Award // 2016
SELECT AWARDS
Second Place, Documentary/Series
EDUCATION TECHNOLOGY
[email protected]
13 PROJECT EXPERIENCE
Mission Springs Water District – Managed the production and editing process for a series of videos aimed at educating customers on the importance of the District and its role in providing water to customers, as well as the value of water to the community. Videos were distributed on client website and social media platforms.
Helix Water District – Managed the production and editing process for a series of videos aimed at educating customers on the importance of the District and its role in providing water to customers, as well as the value of water to the community.
Turlock Irrigation District – Produced a series of videos for the We Are TID campaign. The campaign successfully raised awareness of employee value to local stakeholders, while recognizing key contributors to the District.
The California Club – Developed and filmed several videos for use in marketing outreach to introduce to highlight the Club renovation, updating members on the State of the Club and a variety of new Club features. Oversees editing of clips for social media and other outreach.
College of the Desert – Directed multiple enrollment campaign video series from conception to delivery highlighting student successes.
These videos showcased real students in an emotionally captative way to promote college accessibility. Videos were distributed as TV ads and across social media platforms.
Rowland Water District – Created a series of education videos for annual career forum to teach attendees about the possible careers in the water industry. Produced an instructive video for customers on how to read their water meter, a component of a larger, ongoing conservation campaign.
SCV-GSA – Created a series of public education videos translating the technical content of a Groundwater Sustainability Plan and its components for the general public, including groundwater/surface water interconnection and regional geology.
Approve the three-year Professional Services Agreement with CV Strategie... Page 564 of 764 Adobe Creative
Suite //
After Effects
Audition
Flash
Illustrator
InDesign
Photoshop
Premier Pro
Website Design //
HTML/CCS
Wix/Squarespace
Microsoft Office //
Access
Excel
PowerPoint
Word
Art Institute of California
Inland Empire, California
Bachelor of Science //
Graphic Design
PROJECT EXPERIENCE
With a deep understanding of the graphic design industry, Lynn combines professionalism and creativity to tap into her clients' visions and help them realize their goals. Working closely with various public agencies has helped Lynn develop an understanding of the intricacies of diverse communications techniques. With attention to detail and deadlines, Lynn's expertise flourishes in a communications environment.
A graduate of the Art Institute of California, Lynn is skilled in Photoshop, Illustrator, InDesign and After Effects, among others. Lynn understands the aesthetic value and care that must be put into print and web design to maximize business and customer satisfaction.
[email protected]
LYNN OLIVA
DIRECTOR OF CREATIVE SERVICES
PRSA Capella Award //
Elsinore Valley Municipal
Water District
Notice of Public Hearing
PRSA Polaris Award //
Elsinore Valley Municipal
Water District
Water Quality Report
CAPIO Award of Excellence //
Elsinore Valley Municipal
Water District
Water Quality Report
CAPIO Best in Show //
Rowland Water District
Newsletter
TECHNOLOGY EDUCATION SELECT ACCOMPLISHMENTS
14 City of Banning – Designed logo and branded outreach materials for the “Inspire Banning” city beautification campaign; created new logo for revamp of city transit system; designed outreach materials for several ballot measures that included presentations, ads, flyers and lobby posters.
Coachella Water Authority & Sanitary District – Led visual rebranding effort for newly combined agencies, including new logo, collateral and stylesheet, calendars that doubled as a consumer confidence report, and annual report concepts and design; also provided Spanish translation.
College of the Desert – Advanced the 2018 and 2019 annual reports, creating a themed design thread to pull the audience through the piece. Crafted a marketing campaign look behind “Create Tomorrow” to bridge the reflective Annual Report with the forward focused State of the College event collateral and invites, harmonizing a look that allows the audience to look to the past while envisioning the future.
Elsinore Valley Municipal Water District – Creates graphics and overall look for numerous ongoing projects, including redesign of the district’s Integrated Resources Plan, supporting collateral and graphics, conservation website graphics, quarterly newsletters and bill inserts. Provides Spanish translation as needed.
City of Rancho Cucamonga – Designed a 106-page strategic communications plan for the City that included a detailed brand style guide directing use of approved colors, typography, logos and imagery. The guide helped employees deliver a consistent message to stakeholders and the work led to an updating of the City’s logo design and colors.
Website Design – Designs web pages in close collaboration with project teams, creates infographics and iconography, provides photo editing services, and assists with layouts and assets for websites, such as wcwd.org, UnitedWater.org, and northcountytransportationcoalition.org
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Suite //
Audition
Illustrator
InDesign
Photoshop
Premier
Website Design //
HTML/CCS
Microsoft Office //
Excel
PowerPoint
Word
Art Institute of California
Inland Empire, California
Bachelor of Science //
Graphic Design
Training Connection
Los Angeles, California
Cerification // Video Editing
PROJECT EXPERIENCE
Marcos is a visual communicator who brings an edgy and innovative style to graphics and video at CV Strategies. He utilizes his unique artistic sense to create eyecatching illustrations and layouts for custom marketing materials and advertising.
Prior to working with CV Strategies, Marcos was the Art Director for a printing company in Riverside, where he was born and raised. As Art Director, Marcos supervised all creative design and facilitated print efforts with expert knowledge of color, texture, and dimension to produce high-quality print and design materials for clients. He perfected his pioneering approach at the Art Institute of California, where he mastered Photoshop, Illustrator, InDesign and Audition.
MARCOS DEHARO
CHIEF ILLUSTRATOR
Ambassador & Peer Mentor //
2009 – 2013
Art Institute of California -
Inland Empire
ADDY Award //
Human Rights Foundation -
Discrimination Outdoor Campaign
ADDY Award //
Branding and personalized
Stationery for local non-profit
organization
ADDY Award //
Redesigned brand identity for
the family-owned produce & wine
company Ojai Foods
ADDY Award //
Poster advertisement
ADDY Award //
Personalized stationery set
TECHNOLOGY EDUCATION SELECT ACCOMPLISHMENTS
15 [email protected]
California Date Commission – Integrated the look of the 2020 California Date Commission and BNP Tennis Tournament aesthetics to create an ad touting the health benefits of California dates. The campaign resulted in extensive earned media coverage.
Recognize: 50 Days of Devotion – Designed the original cover art and inside page layouts for a paperback book now sold on Amazon and in booksellers nationwide. Designed a series of social media graphics and marketing campaign advertisements to promote and engage interested audiences.
Farmer Boys – Designed a new hire manual and training guide for the multi-state, 90-store restaurant chain. Created a series of advertisements for their “Family Tree” campaign and worked with video footage to develop animated graphics for rebranded theme.
Rowland Water District – Designed the microsite,
yourwaterfootprint.org, for a comprehensive “What’s Your Water Footprint?” conservation campaign; illustrated and animated a video for the site using custom-designed campaign mascot. The microsite inspired the entire promotion’s aesthetic across all collateral and resulted in industry and general media coverage.
City of Santa Ana – Illustrated infographics and produced supporting visuals to animate a series of informational videos for the “Where Does Your Water Come From?” campaign. This campaign was an extension of outreach materials highlighting the logic behind newly adopted rate increases.
Indio Water Authority – Designed original mascot concepts for Professor Agua, the agency’s mascot for all conservation and rebate materials.
Claim your rebate
TODAY
Visit www.IndioWater.org
CONSERVATION
PAYS!
Approve the three-year Professional Services Agreement with CV Strategie... Page 566 of 764 16 Adobe Creative
Suite //
Illustrator
InDesign
Photoshop
Website Design //
HTML/CCS
MailChimp
Microsoft Office //
Excel
PowerPoint
Word
Northeastern Illinois
University
Chicago, Illinois
Bachelor of Arts //
Graphic Design
Ball State University
Muncie, Indiana
Bachelor of Science // Fashion
Merchandising/Marketing
PROJECT EXPERIENCE
With a decade of experience and a wealth of print, digital and social media skills, Heather is a vital member of the CV Strategies team. This Chicago native took her talents abroad, returning to the States after several years of living and learning in the United Kingdom. Heather's experience, which includes an extensive background in fashion and household consumer product development, along with her multidisciplinary approach and abilities, makes her a unique and valuable addition to the CV Strat crew.
She upholds each client’s vision by generating creative ideas and refining design elements until an exceptional product is achieved. Having worked with a variety of brand types in both B2B and B2C verticals, Heather understands how to visually communicate each message tastefully and effectively with specific attention to the client’s needs and brand identity.
HEATHER ANDERSON
GRAPHIC DESIGNER
TECHNOLOGY EDUCATION
[email protected]
SAVE THE DATE!
SATURDAY, OCTOBER 22, 2022
Opening celebration for the Civil Rights Institute
of Inland Southern California
Doors open at 5 p.m. Program begins at 5:30 p.m.
3933 Mission Inn Avenue, Riverside
Keynote address by Dr. Tommie Smith, Olympian, civil rights activist and author Dr. Smith, whose raised fist became a symbol for racial justice during the 1968 Olympic games, will share his story and sign copies of his new graphic novel, “Victory. Stand! Raising My Fist for Justice.”
For details visit www.inlandcivilrights.org
Partners: Thank you to our sponsors:
A Special Invitation from
Erin Gilhuly
City of Indio – Created branded ads for numerous City campaigns and events, including Second Saturdays, Farmers Market and Day of the Dead, as well as City Hall directional and door signs, popup canopies and Coming Soon banners for downtown.
Civil Rights Institute of Inland Southern California –
Designed all outreach materials for the grand opening event, including the save-the-date, invitation, social media frames, flyers, digital ads, billboards, rack cards, board cards and eblasts. Successful outreach drew more than 1,000 people to the celebration.
California Club – Updated communications for this historic and exclusive social club in downtown Los Angeles. The challenge included modernizing the look of all materials for members and prospective members while maintaining a sense of sophistication and tradition.
Branded materials ranged from a membership guide and wedding events brochure to social media frames and a coffee table book about the club.
College of the Desert – Advanced the 2020 annual report, creating a themed design thread to pull the audience through the piece. Crafted a marketing campaign look behind “Create Tomorrow” to bridge the reflective Annual Report with the forward focused State of the College event collateral and invites, harmonizing a look that allows the audience to look to the past while envisioning the future. Designed a number flyers, banners, catalogs, signage, maps, reports, billboards and other collateral based on institutional brand guidelines.
Cal Domestic Water Company – Created the layout, curated photography and designed the company’s 2021 Annual Report, as well as an in-depth salary survey report presented to the Board of Directors.
Other work for this client includes design of shareholder outreach materials and the strategic plan.
Approve the three-year Professional Services Agreement with CV Strategie... Page 567 of 764 San Diego State University
San Diego, California
Bachelor of Science //
Media Studies
Minor in Communications
Cum Laude / Top 10% of Media
Studies Graduating Class
Sprout Social Platform
Certification // 2021
PROJECT EXPERIENCE
Jessica brings nearly a decade of strategic account management and marketing experience to CV Strategies. Skilled in business development, marketing strategy, and event management, she has a comprehensive understanding of marketing needs for all clients, having experience in everything from content creation and public relations to brand development and client rebrands. Born and raised in Palm Springs, she is deeply rooted in the Coachella Valley.
JESSICA MEDIANO
ACCOUNT SUPPORT SPECIALIST
Desert Advertising Federation
(Ad Fed) // Board of Directors
June 2017-August 2019
A Special Invitation from
Erin Gilhuly
AFFILIATIONS EDUCATION
17 [email protected]
City of Indio – Support the City of Indio’s marketing and communications efforts through management of the marketing budget, media buying and growing Indio’s social media presence.
Coordinate marketing and branding efforts throughout City Hall and various departments, provide planning and facilitation for internal and external events, including State of the City.
California Club – Crafts engaging content for the Club’s website, showcasing the many features that visitors look for such as the organization’s legacy and what patrons can expect while experiencing the Club – dining, accommodations, and private events. Manages all account duties and facilitates projects, including the newly branded “Look Book” and Member Guide.
College of the Desert – Performs all media buys for the Coachella Valley’s largest institution of higher learning and creates social media content. Coordinates content and graphics for specialty campaigns such as the 2021 and 2022 enrollment drive and the Federal Grant Retention & Re-engagement Program.
The Street Fair – Coordinated the January 1, 2022, reopening of the ever-popular The Street Fair by College of the Desert, an Alumni Association effort that raises millions of dollars for student scholarships. The project involved negotiation of rates for an extensive pre-opening media buy, which included a banner pulled by an airplane, as well as creation of a press release, securing an on-air television interview and social media content, which resulted in local news stories advancing the reopening.
El Paseo Shopping District and City of Palm Desert–
Promoted merchants and events along the "Rodeo Drive of the desert," including weekly visits to shop owners and planning monthly themed pop-up events such as stiltwalkers and magicians. The work also involved crafting social media posts, attracting social media influencers, and coordinating photo shoots and media coverage. The project was a joint effort between the El Paseo Parking and Business Improvement District and the City to increase visitation.
Microsoft Office //
Excel
Outlook
PowerPoint
Word
Programs //
Monday.com
Hootsuite
Sprout
TECHNOLOGY
Approve the three-year Professional Services Agreement with CV Strategie... Page 568 of 764 Boise State University
Boise, Idaho
Master of Arts (in progress) //
English Literature
San Diego State University
San Diego, California
Bachelor of Arts //
Linguistics
Minor in French
Graduated Cum Laude
PROJECT EXPERIENCE
Jacob is skilled at creating and building engaging and responsive websites and web pages using a combination of visual design elements and coding with a focus on the user experience. His expertise gives him the knowledge needed to quickly troubleshoot website errors and solve issues using front end or custom CSS. In addition to optimizing sites for maximum speed and scalability, Jacob provides additional value to clients by providing internal support throughout the build and launch process.
JACOB MORRISON
WEBSITE SPECIALIST
EDUCATION
18 [email protected]
Glenn-Colusa Irrigation District – Rebuilt the District website with updated branding, content, photography and videos that better represent GCID’s mission, vision and values. The new site improved the user experience and mobile friendliness and portrays a modern organization dedicated to water supply and environmental sustainability. Provided website training to GCID staff so they could post items on the website. gcid.net
High Desert Corridor Joint Powers Agency – Created a
branded, user-friendly website in an extremely short timeframe to accommodate the needs of a multi-agency coalition. The project included content creation, uploading agendas and other documents, creating a staging site and populating the website, highdesertcorridor.org.
Coral Mountain – As the Coral Mountain Resort project in La Quinta faced public scrutiny and backlash, CV Strategies was hired to provide the public with the facts about the project. Outreach included a five-postcard series on issues of concern, which included links to web pages with additional information. coralmountainparks.com Water Resources Economics – Built a single-page website for a consulting firm focused on economic issues related to water. After developing content and a site map, videos, photos and testimonials were incorporated with information about the company to create a vibrant and interesting business site. water-economics.com Website Design //
SEO
HTML/HTML5
CSS/CSS3
Python
WordPress
Creative Software //
Blender
Adobe Illustrator
TECHNOLOGY
Approve the three-year Professional Services Agreement with CV Strategie... Page 569 of 764 References
19
Approve the three-year Professional Services Agreement with CV Strategie... Page 570 of 764 2020
REFERENCES
CITY OF BANNING
99 E. Ramsey Street, Banning, CA 92220
CONTACT Art Vela, P.E., Public Works Director/City Engineer [email protected] | 951.922.3130
The City of Banning has utilized the creative services of CV Strategies on numerous high-profile projects and initiatives since 2016. Most recently, we worked closely with staff to develop an outreach plan to communicate organics recycling requirements under SB 1383 to residents and businesses and developed the logo, slogans and infographics about existing and new regulations and their impact on solid waste rates. We have also updated the City seal, developed a tree care campaign, rebranded the bus system, assisted with outreach on water, wastewater and street projects, and created a strategic communications plan for the city.
MAKE SURE your waste is properly placed!
Your green bin will allow
recycling of organics such as food scraps,
starting January 1, 2022.
To get more recycling tips
ORGANICS
(Green Can)
Food scraps
Food-soiled paper
Yard trimmings
Nonhazardous
wood (natural state
only, no construction
material wood)
Food Examples: fruit,
vegetables, cheese, eggs,
milk, meat, bones, tea
bags, coffee filters and
grounds, napkins and
paper plates (compostable
only), compostable
packaging
Green Waste Examples:
Grass clippings, leaves,
flowers, weeds, small
branches and prunings
NO rocks, dirt, large
logs, plastic bags,
plastic food
packaging or wrap,
coated or plastic
takeout containers,
foil, twist ties, rubber
bands, wire, tape,
rope, twine, grease,
oil, liquids
CONSERVE TODAY –
PRESERVE TOMORROW
To get more water-saving tips
Effective June 10, 2022, the City of Banning enacted Stage 2 of its Water Shortage Contingency Plan in response to state emergency drought orders.
The actions identified below are intended to REDUCE WATER USE BY 10% TO 20%.
Landscape irrigation is limited to
2 days per week (June 1 to
October 31); 1 day per week from
(November 1 to May 31).
10 minutes per station per
watering day
No irrigation during or within
72 hours of a rain event
Lawns may be watered between
8 p.m. and 10 a.m., when cooler
temperatures minimize
evaporation.
Repair or isolate leaks within 48
hours of notification by the City.
Pools and spas must be covered to
prevent evaporation.
Car washing is allowed only with a
bucket or a hose with shutoff valve
or nozzle.
WATCH OUT IT’S A DROUGHT IT’S A DROUGHT
www.banningca.gov
THANK YOU FOR STEPPING UP
TO CONSERVE!
The following activities are PROHIBITED:
Washing sidewalks/driveways
Excessive irrigation runoff
Use of decorative water features such as
fountains and ponds
Filling/refilling ornamental lakes/ponds
(except to sustain aquatic life)
The following activities
are PROHIBITED:
Irrigation during or within 72 hours of a rain event
Washing sidewalks/driveways
Excessive irrigation runoff
Use of decorative water features such as
fountains and ponds
Filling/refilling ornamental
lakes/ponds (except to
sustain aquatic life)
IMPORTANT INFORMATION ABOUT YOUR WATER USE
CALIFORNIA CONTINUES TO ENDURE SEVERE DROUGHT.
In response to state mandates, the City of Banning
enacted the following conservation regulations:
THANK YOU FOR STEPPING UP TO CONSERVE!
Violations are subject to fines.
Landscape irrigation is limited to:
10 minutes per day (per watering station)
2 days per week from June 1 to October 31; 1 day per week from November 1 to May 31
Between the hours of 8 p.m. and 10 a.m.
Schedules apply to residential lawns, schools, parks, sports fields and turf used for community or recreational events NO watering of non-functional turf at commercial, industrial and institutional locations, including HOAs
For more information
City of
nextgenconservation.org
WATCH OUT IT’S A DROUGHT IT’S A DROUGHT
www.banningca.gov
www.banningca.gov
Code Enforcement
City of Banning
Community Development Department
Code Enforcement Division
Ph: 951-922-4821 • Email: [email protected]
Depending on your inquiry or needs, contact
the following divisions and departments:
Public right of way issues including street,
sidewalk, curb and gutter; dumping; dumping
on the side of the road or alleys; weeds;
street damage
Street Department – Public Works
(951) 922-3130
Street / alley parking and abandoned
vehicles in public right of way
Police Department
(951) 922-3170
Private property complaints; concerns
regarding items inside the property line
(off the street and sidewalks)
Code Enforcement
(951) 922-4821
Weed abatement on vacant parcels, Fire
prevention in commercial and Industrial zones
Fire Department
(951) 922-4821
TAKE PRIDE IN YOUR
NEIGHBORHOOD!
Together, we can show that the community
cares by following the City’s codes and
ordinances and helping our neighbors do
the same.
Our officers are here to help you, Contact us
if you have a code enforcement question,
concern, or need to report a complaint.
Code Compliance Officers are available to
assist Banning residents, tenants, and
business owners with understanding of the
City codes and issues related to zoning,
building and the quality of life.
City of
ENFORCEMENT
In the event a code violation occurs, Code
Compliance Officers may use the following
methods to ensure adherence to laws:
Achieve voluntary compliance
Warnings
Notice of violations
Summary abatement
Administrative Citations
Inspection and abatement warrants
www.banningca.gov
REACH THE RIGHT
DEPARTMENT!
City of
UNWIND AFTER A BUSY DAY
$1
= 4 BATHS
The average bath uses
42 gallons.
START YOUR DAY KEEP THINGS MOVING
MANAGE THE CHORES
$1
$1
$1
YOUR TAP WATER = REAL DAILY VALUE
At less than a penny per gallon, the water delivered straight to your tap is much less expensive than buying bottled water at the store. This safe, reliable drinking water meets all your day-to-day needs too, such as cooking, cleaning and bathing.
City of Banning residential customers pay an average of $55 a month for water, including the base fee, which translates to roughly 203 gallons of clean, high-quality drinking water per dollar.
Here’s a peek at what just $1’s worth of tap water can do throughout your day!
Remember to help conservation efforts
by taking shorter showers and running
the dishwasher and washing machine only
when full. For more conservation tips, go to
www.banning.ca.us/451/Water-Conservation.
= 11 SHOWERS
= 33 DISHWASHER
LOADS
= 127 TOILET
FLUSHES
= 6 LOADS OF
LAUNDRY
The average shower
uses 17 gallons.
The average dishwasher
load uses 6 gallons.
The average flush uses
1.6 gallons.
The average load of
laundry uses 30 gallons.
$1
City of Banning 99 E. Ramsey Street, Banning, CA 92220 | 951-922-3105 | banningca.gov DID YOU KNOW?
If you are building a new development or renovating an existing landscape of a certain size, you are required BY THE STATE to follow water efficiency regulations, known as the Model Water Efficient Landscape Ordinance (MWELO).
The ordinance applies to new development projects with landscaped areas of 500 square feet or more and landscape renovations of 2,500 square feet or more.
The regulations include residential, commercial, industrial and institutional projects that require a permit, plan check, or design review. Some smaller-scale projects are also subject to MWELO. California adopted MWELO to support statewide conservation efforts by requiring specific water-saving standards for local landscapes.
MWELO is designed to stretch limited water supplies and ensure an adequate water supply for future generations.
Fact Sheet:
State-mandated Landscape
Regulations for Water Efficiency
Find out how to comply, read the full ordinance and learn more about California water efficiency at water.ca.gov/Programs/Water-Use-And-Efficiency.
HAVE A QUESTION? CONTACT US AT
951.922.3125 or [email protected]
Landscapes must be designed to meet water-saving measures, including use of native plants and efficient/ smart irrigation systems.
Before landscape work can take place, you must submit project plans to the City of Banning. The city evaluates plant factor, irrigation method, irrigation efficiency and hydrozone details to ensure the project won’t exceed the maximum water allowance. The type of documents required varies based on the type of project.
ONLY 25% of your yard, on applicable projects, can be covered in grass; turf is not allowed in non-residential areas or in sloped areas that exceed a one-foot vertical elevation change for every 4 feet of horizontal length.
At least 3 inches of mulch must be applied to plant areas, except where there is turf, ground cover or direct seeding. Up to 5% of the landscape area can be left without mulch to support wildlife habitat.
MAKE SURE your waste is properly placed!
ORGANICS
Food scraps &
food-soiled paper
Yard trimmings &
non-hazardous wood
NO rocks, dirt, large logs or
non-organic materials.
RECYCLING
Plastic bottles & containers
Glass bottles & jars
Food & beverage cans or cartons
Paper & flattened cardboard/paperboard
Keep it clean! Items should be free of food
and liquid. NO plastic bags, film or foam.
TRASH
All items that can’t be recycled!
NO needles, electronics or
hazardous materials.
Can colors may change.
To get more recycling tips
Approve the three-year Professional Services Agreement with CV Strategie... Page 571 of 764 21 21
REFERENCES
COLLEGE OF THE DESERT
43500 Monterey Avenue, Palm Desert, CA 92260
CONTACT Nicholas Robles, Public Information Officer
[email protected] | 760.848.8230
CV Strategies has served as the communications arm for the 17,000-student College of the Desert for the last five years. We work in concert with the public information officer to develop major campaigns such as fall and spring enrollment, commencement, redistricting and career-technical education, as well as the State of the College and annual report. Our team has also scripted, filmed and produced numerous videos for the college; designed outreach that includes collateral, course catalogs, signage, social media, advertising and eblasts; wrote speeches, talking points, press releases, newspaper columns and op-eds; shot photos and handled crisis communications.
W
ES
E
TA
A
MOS ABIERTOS RE OPEN
ONLINE CLASSES ONLINE CLASSES
CLASES EN LÍNEA
COLLEGEOFTHEDESERT.EDU
ENROLL NOW
COLLEGE
YOUR WAY
We know everyone is unique. Higher education should be too.
Find your perfect fit at College of the Desert.
It’s never too late to Spread Your Wings!
EARN CREDITS
IN LESS TIME!
Register now for classes
starting in September or
October and earn credits in a
shorter amount of time!
ENJOY YOUR
EDUCATIONAL
JOURNEY
Activities such as clubs,
volunteering, performing arts
and athletics will enrich your
college experience and help you
find a sense of connectedness
outside the classroom.
WHAT YOU NEED
TO SUCCEED
Support is available to
help you reach your goals,
including academic assistance,
scholarships and financial
aid, Veterans and foster youth
services, disabled students
programs and more.
SPREAD YOUR
WINGS
AT
ENROLL NOW
FOR FALL 2022
collegeofthedesert.edu
Approve the three-year Professional Services Agreement with CV Strategie... Page 572 of 764 2222
REFERENCES
CIVIL RIGHTS INSTITUTE
OF INLAND SOUTHERN CALIFORNIA
3933 Mission Inn Avenue, Riverside, CA 92506
CONTACT Sabrina Gonzalez, Executive Director
[email protected]
951.465.9218
With just two months before its opening celebration, the new Civil Rights Institute of Inland Southern California was in desperate need of public relations assistance when they contacted CV Strategies. We immediately launched an intensive campaign for the volunteer-based organization that included development of key messages, a social media blitz, series of press releases, advertising, branded collateral and eblasts. We also provided speaker training for key officials and utilized our media contacts to secure numerous advance stories about the institute and its offerings, resulting in a successful opening event with more than 1,000 attendees.
SAVE THE DATE!
SATURDAY, OCTOBER 22, 2022
Opening celebration for the Civil Rights Institute
of Inland Southern California
Doors open at 5 p.m. Program begins at 5:30 p.m.
3933 Mission Inn Avenue, Riverside
Keynote address by Dr. Tommie Smith, Olympian, civil rights activist and author Dr. Smith, whose raised fist became a symbol for racial justice during the 1968 Olympic games, will share his story and sign copies of his new graphic novel, “Victory. Stand! Raising My Fist for Justice.”
For details visit www.inlandcivilrights.org
Partners: Thank you to our sponsors:
EXHIBITION EXAMINES CENTURY OF RACISM, TRIUMPHS OF
BLACK INLAND RESIDENTS
A powerful retrospective that spotlights a century of struggles and achievements of Black Inland communities will be unveiled at the opening of the new Civil Rights Institute of Inland Southern California (CRIISC).
“Still I Rise: The Black IE Fight for Justice” is an immersive exhibition of curated and scaled images, historical archives and personal stories. Show materials span the story of the period from the late 1800s, when Klan terror and Jim Crow drove thousands of Black people from the Deep South to California, where they fought discrimination to create better opportunities for themselves and their families. “The exhibition is a testament to the bold and business-minded Blacks, the Black press, the Black church, Black leaders, and everyday people who fought to thrive in the face of fierce adversity and systemic racism,” said Rose Mayes, Vice President of the CRIISC Board of Directors and Executive Director of the Fair Housing Council of Riverside County.
“Our fight continues. CRIISC is dedicated to bringing exhibitions and education to our communities that inspire inclusiveness and root out the racist beliefs and structures that remain pervasive in our society and institutions,” she said.
CELEBRATING BLACK EXPRESSION
Don’t miss the work of internationally acclaimed artist Charles A. Bibbs in Stand Up, his new exhibition starting October 22 in Riverside!
Bibbs is the curator of the show, which includes the work of fellow Black artists Maurice Howard, Karl Marshall, Theresa Shellcroft, Kevin A. Williams, Peter Simon and Diane Carey. The show will run for a month at the Civil Rights Institute of Inland Southern California.
Bibbs’ work is known for its combination of realistic and larger-than-life interpretations of contemporary subjects that are ethnically rooted. His art is featured in museums, galleries, organizations and private collections.
Subscribe today to keep up on the lastest events at the Civil Rights Institute of Inland Southern California!
CIVIL RIGHTS LEGEND AND OLYMPIAN
DR. TOMMIE SMITH TO SPEAK IN RIVERSIDE
Dr. Tommie Smith, whose raised fist became a symbol for racial justice during the 1968 Olympic games, will be the keynote speaker at the opening of the Civil Rights Institute of Inland Southern California (CRIISC) on SATURDAY, OCTOBER 22.
The free public celebration begins at 5:30 p.m. (doors open at 5 p.m.) at the Institute’s new headquarters at 3933 Mission Inn Avenue in Riverside.
Festivities will include food trucks, live entertainment, games and booths, the “Still I Rise: The Black IE Fight for Justice” exhibition, and dedication of the Jose Medina Atrium.
Smith set a world record and earned a gold medal in the 200-meter sprint at the 1968 Olympics in Mexico City. On the awards podium, Smith and bronze medalist John Carlos silently raised their gloved fists during the national anthem to protest racism, in what became one of the most polarizing and iconic sports images of the 20th century. Smith, the son of a sharecropper, endured death threats and painful repercussions years afterward.
In partnership with Cellar Door Books, Smith, now 78, will spend part of the opening evening signing copies of his new graphic novel based on his life:
“Victory! Stand. Raising my Fist for Justice.” He will be introduced by Derrick Barnes, his award-winning co-author.
KEYNOTE
ADDRESS &
BOOK SIGNING
by Olympic gold
medalist and civil
rights activist
Dr.Tommie Smith
SUBSCRIBE
FUN for
the whole
family!
KIDS'
ACTIVITIES FREE!
www.inlandcivilrights.org
OPENING CELEBRATION!
October 22, 2022 • 5 p.m.
INAUGURAL
EXHIBITION:
“Still I Rise: The Black
IE Fight for Justice”
KEYNOTE
ADDRESS &
BOOK SIGNING
by Olympic gold
medalist and civil
rights activist
Dr. Tommie Smith
UNVEILING
OF THE WALK
OF FAME and
dedication of the
Jose Medina
Atrium
www.inlandcivilrights.org
Civil Rights Institute of Inland Southern California
A permanent center for the celebration and
defense of civil rights
SATURDAY, OCTOBER 22, 2022
Doors open: 5 p.m. Program begins: 5:30 p.m.
3933 Mission Inn Avenue, Riverside
PLEASE JOIN US FOR OUR
OPENING CELEBRATION!
FREE
outdoor
festivities, live
music, food
trucks, and
more
Approve the three-year Professional Services Agreement with CV Strategie... Page 573 of 764 23 REFERENCES
LAUNCH APPRENTICESHIP NETWORK
3801 Market Street, Riverside, CA 92501
CONTACT Charles Henkels, Interim Director, Regional
Apprenticeship & Work-Based Learning
[email protected] | 951.222.8634
CV Strategies was hired by the Inland Empire Desert Region College Consortium to help publicize its LAUNCH apprenticeship program beginning in 2020. Our team subsequently designed the entire brand for 14 community colleges across the Inland Empire, created a brochure and built the website, launchapprenticeship. org. Over the last two years, we have crafted both animated and live videos to highlight the program and its participants. The videos are embedded on the program’s website.
CONNECT
HOME ABOUT US FOR BUSINESS FOR STUDENTS FOR SCHOOLS
GET CONNECTED
ABOUT LAUNCH
INDUSTRY PARTNERS
©LAUNCH | 2020
CLICK TO VIEW ALL APPRENTICES
MAILING ADDRESS:
LAUNCH APPRENTICESHIP
NETWORK
3801 MARKET STREET,
RIVERSIDE, CA 92501
MAIN PHONE:
(951) 372-7028
MAIN FAX:
(951) 739-7805
NEED TO TALK NOW?
HOW CAN WE HELP YOU?
Your Name
Your Email
Phone Number
How Can We Help
SEND
LIKE US
SUBSCRIBE TO US
FOLLOW US
(951) 372-7028
3801 MARKET STREET
RIVERSIDE CA 92501
6 EVENT TITLE
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9 EVENT TITLE
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13 EVENT TITLE
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JANUARY 2021
S M T W T F S
UPCOMING EVENTS
Approve the three-year Professional Services Agreement with CV Strategie... Page 574 of 764 Work Samples
24
Approve the three-year Professional Services Agreement with CV Strategie... Page 575 of 764
PUBLIC RELATIONS
CIVIL RIGHTS INSTITUTE OF INLAND SOUTHERN CALIFORNIA
PRESS RELEASE LINK:
BIT.LY/3E1OBSP
ENEWSLETTER
DIGITAL BILLBOARD
25 EXHIBITION EXAMINES CENTURY OF RACISM, TRIUMPHS OF
BLACK INLAND RESIDENTS
A powerful retrospective that spotlights a century of struggles and achievements of Black Inland communities will be unveiled at the opening of the new Civil Rights Institute of Inland Southern California (CRIISC).
“Still I Rise: The Black IE Fight for Justice” is an immersive exhibition of curated and scaled images, historical archives and personal stories. Show materials span the story of the period from the late 1800s, when Klan terror and Jim Crow drove thousands of Black people from the Deep South to California, where they fought discrimination to create better opportunities for themselves and their families. “The exhibition is a testament to the bold and business-minded Blacks, the Black press, the Black church, Black leaders, and everyday people who fought to thrive in the face of fierce adversity and systemic racism,” said Rose Mayes, Vice President of the CRIISC Board of Directors and Executive Director of the Fair Housing Council of Riverside County.
“Our fight continues. CRIISC is dedicated to bringing exhibitions and education to our communities that inspire inclusiveness and root out the racist beliefs and structures that remain pervasive in our society and institutions,” she said.
CELEBRATING BLACK EXPRESSION
Don’t miss the work of internationally acclaimed artist Charles A. Bibbs in Stand Up, his new exhibition starting October 22 in Riverside!
Bibbs is the curator of the show, which includes the work of fellow Black artists Maurice Howard, Karl Marshall, Theresa Shellcroft, Kevin A. Williams, Peter Simon and Diane Carey. The show will run for a month at the Civil Rights Institute of Inland Southern California.
Bibbs’ work is known for its combination of realistic and larger-than-life interpretations of contemporary subjects that are ethnically rooted. His art is featured in museums, galleries, organizations and private collections.
Subscribe today to keep up on the lastest events at the Civil Rights Institute of Inland Southern California!
CIVIL RIGHTS LEGEND AND OLYMPIAN
DR. TOMMIE SMITH TO SPEAK IN RIVERSIDE
Dr. Tommie Smith, whose raised fist became a symbol for racial justice during the 1968 Olympic games, will be the keynote speaker at the opening of the Civil Rights Institute of Inland Southern California (CRIISC) on SATURDAY, OCTOBER 22.
The free public celebration begins at 5:30 p.m. (doors open at 5 p.m.) at the Institute’s new headquarters at 3933 Mission Inn Avenue in Riverside.
Festivities will include food trucks, live entertainment, games and booths, the “Still I Rise: The Black IE Fight for Justice” exhibition, and dedication of the Jose Medina Atrium.
Smith set a world record and earned a gold medal in the 200-meter sprint at the 1968 Olympics in Mexico City. On the awards podium, Smith and bronze medalist John Carlos silently raised their gloved fists during the national anthem to protest racism, in what became one of the most polarizing and iconic sports images of the 20th century. Smith, the son of a sharecropper, endured death threats and painful repercussions years afterward.
In partnership with Cellar Door Books, Smith, now 78, will spend part of the opening evening signing copies of his new graphic novel based on his life:
“Victory! Stand. Raising my Fist for Justice.” He will be introduced by Derrick Barnes, his award-winning co-author.
KEYNOTE
ADDRESS &
BOOK SIGNING
by Olympic gold
medalist and civil
rights activist
Dr.Tommie Smith
SUBSCRIBE
FUN for
the whole
family!
KIDS'
ACTIVITIES FREE!
www.inlandcivilrights.org
OPENING CELEBRATION!
October 22, 2022 • 5 p.m.
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SOCIAL MEDIA
CITY OF INDIO
CIVIL RIGHTS INSTITUTE OF INLAND SOUTHERN CALIFORNIA
26
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27
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community
outreach
01 Community outreach is a vital component of the City’s mission to enhance the quality of life for residents, visitors and businesses. CV Strategies is already entwined in the fabric of Indio, where our team of specialists help promote events, programs and services vital to the wellbeing of the people it serves. 28
Approve the three-year Professional Services Agreement with CV Strategie... Page 579 of 764 29 Community Outreach
Increasing awareness and understanding of the programs, services and amenities offered by the City of Indio is critical to creating a bank of goodwill with the public. Responsiveness to questions and concerns is an important component of exceptional customer service and we will accomplish this through careful listening and interaction at meetings and other public-facing opportunities. Our team is prepared to represent the City at events and to address questions and concerns to ensure they are resolved satisfactorily. We will engage stakeholders by making information readily available and easily accessible, anticipating and addressing problems, and making sure residents feel they are being heard.
Providing City-centered information to residents, visitors and businesses helps maximize service access and community pride.
We utilize various platforms to
make
connections
and engage the community.
Proactive communications serve to
create a more united and active city.
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30 Event
Planning
02 It's been said that success stems
from good planning.
So, to make an event successful, the best start is to make sure it is planned meticulously, comprehensively and accurately. That’s where CV Strategies comes in.
Approve the three-year Professional Services Agreement with CV Strategie... Page 581 of 764 31 serves to make events
special and memorable.
When combined with
seamless execution, you
can’t help but win.
Event Planning
CV Strategies handles every aspect
of an event competently and within
budget, regardless of size. Our event
planning experience ranges from small
focus groups and press conferences to
ribbon cuttings and State of the City
events, including Indio 2022. We are
full service when it comes to events,
handling every element to guarantee
a trouble-free event. We successfully
secure site and equipment rentals,
guest lists, invitations, signage,
speeches and promotion to ensure
robust attendance and rave reviews.
Whatever the occasion, we’ll make it a
hard act to follow!
Attention to detail ensures every element of an event is perfectly presented, no matter how big or small.
Our boundless
creativity
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03 Graphic design defines the conversation before a single word hits the page. Warm and welcoming, vital and vibrant, relaxing and restorative are all graphic tones, as well as verbal ones. A strong visual perspective takes the viewer from words on a page to an actual experience. While Indio is well-known as the City of Festivals, CV Strategies’ layered multimedia graphics team looks forward to adding even more fun. 32
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While many firms pride themselves on designing outside the box, we pride ourselves on expanding that box to include cutting-edge concepts while protecting and enhancing the City’s brand and credibility. Our design philosophy focuses on client needs before all other considerations. Through active listening, goals and aesthetic preference are identified and embraced. Design can then travel through fewer iterations, as there is less guesswork and a more defined sense of graphic vision, particularly with help from our highly trained graphics staff. By leveraging trends in the graphic industry, as well as our own creative insight, the City of Indio will develop a visual vocabulary that reflects its growing economy and playful vibe.
CV Strategies’ key design principle is intentional artistry and lives in a place where form meets function.
Working closely with staff and
leadership, CV Strategies
instills a sense of
place and
purpose
in each piece. We focus on the details,
while balancing the bigger picture
and City communication objectives.
33
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34 Newsletter
Development
& Publication
04 Compelling, relevant newsletters
are an important component of effective communication
and building audience connections. With our vast experience in newsletter development and publication, particularly for the City of Indio, CV Strategies’ team of strategists, writers, designers and photographers will create a monthly newsletter that embodies the City of Indio’s identity and promotes local events, programs and services.
Approve the three-year Professional Services Agreement with CV Strategie... Page 585 of 764 35 Captivating content and
innovative design
CV Strategies will meet regularly with
City staff to identify story ideas related
to events, initiatives and important
new developments. The newsletter will
feature deftly crafted content in English
and Spanish and inviting design. Our
online project management system,
Monday.com, will allow staff to view
real-time updates to stories, share ideas
and edits, and easily communicate with
our team. In addition, we will identify
tactics to grow audience interest and
readership and increase the email
distribution list. CV Strategies will
enhance the newsletter’s visibility
and success through new delivery and
reach tactics, including digital ads,
social media boosted posts, Nextdoor
engagement, event booths, contests,
and surveys.
Clean, crisp, clear, and compelling – the four “c’s” of newsletter design.
Our expertise in creating
stimulating visuals
and content
will draw readers into
the newsletter, providing
an effective tool for
promoting tourism,
economic development
and community
engagement.
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Photography can make or break any outreach
or marketing campaign.
Our in-house photography team will provide updated, high-quality visuals to elevate the City’s brand and effectively promote the City as a destination for visitors, residents and economic development. 36 photography services
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to your campaigns
We produce captivating imagery
that elevates your ability to connect
to your audiences. Our clients praise
our work, which is used in a variety
of communication mediums. With
a drone and licensed pilot and ample
photography equipment, there is no
request our team can’t meet.
From headshots and local business
photos to advertising and tourism
visuals, CV Strategies will use unique
photography to enhance the City’s
campaigns, support the brand and
advance community connections.
With a robust visual library in
place, images will be used across the
City’s public relations, outreach and
marketing campaigns.
Let our talented team capture all your photography needs, including events, people, artwork, food, businesses, facilities and more. 37 At CV Strategies, we
understand
visual
storytelling
and the role engaging
photography
plays in successful
communication.
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38 Public
Relations
06 A strategic and sustained public
relations effort is critical
for shaping public opinion of the City of Indio and
increasing awareness of the brand. From blogging and speech writing to crisis communications and mining for stories to share through press releases, we will create the narrative that accurately portrays your story and positively influences attitudes about the City and all it has to offer.
Approve the three-year Professional Services Agreement with CV Strategie... Page 589 of 764 39 Leverage your success to
Public Relations
The first step in any public relations
effort is an assessment of current
outreach, branding, style and media
coverage to determine strengths
and opportunities. From there,
our team develops key messages
to serve as the foundation for all
communications. The City of Indio’s
narrative is like no other: a vibrant,
business-friendly community with a
wealth of restaurants, shopping and
signature events such as the Coachella
and Stagecoach music festivals,
Second Saturdays and International
Tamale Festival.
Our team of former news executives
and journalists are well equipped
to share your unique position with
your residents, business owners and
visitors through a number of creative
outlets. Given our background as
accomplished storytellers and strong
writers, CV Strategies is able to provide
you with engaging content that will
resonate with all target audiences. We
have extensive experience developing
speeches for numerous situations,
including State of the City addresses
and other events
We can help the City of Indio stand out from the crowd. adapt and
evolve,
building a bigger,
better brand.
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Let’s get social
Proper use of social media platforms will allow Indio to gain the attention of the media, keep residents updated 24/7 and open a dialogue to mitigate potential issues. Our team of specialists can take all content generated for outreach materials, newsletters and eblasts and create relevant posts with photos, videos, live interviews and more to stay ahead of the curve.
S
40 07
Approve the three-year Professional Services Agreement with CV Strategie... Page 591 of 764 41 We help you define your vision
and speak to your audience
We manage all content creation,
engagement, listening (to and for
negative comments), and analytics
that showcase how this medium
interacts with all other efforts to
drive awareness of the Indio brand
and provide a stellar touch point
for messaging.
Our skill with blogging will take the
City’s social to a whole new level. We
will also provide strategic guidance
on the best way to get eyes on your
content and engage with stakeholders.
Social media promotes transparency by providing citizens with better visibility into City operations. with the public through
compelling posts and
graphics, provided a month
in advance for review and
scheduled through our
office for uninterrupted
communication.
We maximize
interaction
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42 Video
Services
08 Sharing the stories of Indio
Videos offer the most compelling and memorable
opportunities to share the stories of Indio. A
blend of images and sound provide an immersive
experience that captures the look, feel, and spirit of the city as it informs and inspires audiences.
Approve the three-year Professional Services Agreement with CV Strategie... Page 593 of 764 43 To truly engage with
audiences, videos must offer
a blend of appealing images
and gripping stories.
Creating compelling
videos for every need
Producing the perfect video requires
more than simply putting images
and words together. It requires an
understanding of both the message
and the audience. Utilizing the
knowledge, creativity, and experience
of our video team, we will incorporate
drone video, animation, time lapse
photography, graphics, and other
powerful production elements to craft
engaging video content.
Videos will be incorporated into
multiple components of the City’s
marketing plan. In addition, we will
identify and develop stories about
the people, artwork, food, businesses,
facilities, and events that truly
showcase the City of Indio.
Timing is everything! CV Strategies effectively produces videos ranging from quick clips to fulllength features.
Content is
king.
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management
09 Indio.org is the natural place to showcase the latest information and breathtaking photos of your beautiful city, which is why the site must be consistently updated and maintained. CV Strategies' tech experts have extensive experience in creating interactive digital spaces that are captivating and easily navigable, complete with modules for custom calendars and fillable forms.
44
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digital reach
CV Strategies is prepared to update
the event calendar as well as imagery
and content to coincide with the
latest events and initiatives. Our
HTML-savvy web specialists will work
with the site provider to solve any
technical issues. Our team is happy to
add modules to your calendar feature
to provide a ticketing option that
easily manages event attendance and
a virtual event manager with builtin livestreaming, if desired, and we can create custom form modules and
coordinate with Granicus to make
substantial changes. We are familiar
with the Granicus CMS.
Interactivity is considered at every turn to utilize every opportunity to engage visitors.
We leverage videos,
photos and
compelling
content
to develop visually
interesting pages that
balance innovation with
intuitive design.
45
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46 RATES AND AVAILABILITY
» President – $240/hour
» Vice-President – $225/hour
» Account Manager/Specialist – $185/hour
» Graphic Design/Video/Photography – $165/hour
» Translator – $125/hour
» Support Staff – $100/hour
* This reflects an estimated monthly cost of $12,025 representing approximately 65 hours per month. * Costs based on hourly rates provided below.
CONTRACT TERMS & CONDITIONS
CV Strategies is prepared to begin work on this project beginning immediately. Either party may end this agreement by providing written notice to the other party. In the event of termination, CV Strategies shall be paid for all hours and expenses accrued up to the date of termination. CV Strategies will notify the City of Indio as we are approaching the estimated cost above. Our firm owns and maintains all of its own equipment and supplies are included in the cost so there would be no additional charge to the client.
Optional services or any variability in services rendered by CV Strategies will be billed to the client based on the hourly rate for communications services and will be agreed to by providing a signed written notice. Hard costs incurred by CV Strategies will be billed to the client with a nominal service charge of 10% (not to exceed $250 per item). This includes all anticipated hard costs such as printing, mailing, photography, video, advertising, etc. Required travel mileage will be billed at the published IRS rate. Travel time is billed at half time. All services and hard costs will be billed monthly. Invoices should be paid in full upon receipt.
TASKS HOURS TOTAL
01 | Community Outreach 70 $12,950
02 | Event Planning 100 $18,500
03 | Graphic Design 90 $16,650
04 | Newsletter Development and Publication 100 $18,500 05 | Photography Services 40 $7,400
06 | Public Relations 80 $14,800
07 | Social Media 140 $25,900
08 | Video Services 100 $18,500
09 | Website Management 60 $11,100
SUB-TOTAL (Annually. Prorated to $85,000 for the first year.) $144,300 Not-to-Exceed Cost – Without optional services or any variability in services* $144,300
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47
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PARTIAL CLIENT LIST
48 SPECIAL DISTRICTS
• Beaumont-Cherry Valley Water District
• Bellflower-Somerset Mutual Water
Company
• Byron-Bethany Irrigation District
• Casitas Water District
• Castro Valley Sanitary District
• Chino Basin Water Conservation
District
• Coachella Valley Water District
• Coachella Water Authority &
Sanitary District
• Crescenta Valley Water District
• Cucamonga Valley Water District
• Diablo Water District
• Eastern Municipal Water District
• East Valley Water District
• Elsinore Valley Municipal Water
District
• Glenn-Colusa Irrigation District
• Helix Water District
• Hidden Valley Lake Community
Services District
• Hi-Desert Water District
• Indio Water Authority
• Jurupa Community Services District
• Lakeside Fire Protection District
• Mesa Water District
• Mission Springs Water District
• Moulton Niguel Water District
• Municipal Water District of
Orange County
• Myoma Dunes Water Company
• Orange County Water District
• Palmdale Water District
• Palmdale Recycled Water Authority
• Pico Water District
• Puente Basin Water Agency
• Rancho California Water District
• Rowland Water District
• San Bernardino Municipal Water
Department
• San Bernardino Valley Municipal
Water District
• San Gabriel County Water District
• San Gabriel Valley Municipal
Water District
• San Gorgonio Pass Water Agency
• SCV Water
• Solano Irrigation District
• Turlock Irrigation District
• United Water Conservation District
• Valley County Water District
• Valley of the Moon Water District
• Valley Sanitary District
• Walnut Valley Water District
• West County Wastewater District
• Western Municipal Water District
• Zone 7 Water Agency/Alameda County
MUNICIPALITIES
• City of Banning
• City of Beaumont
• City of Chino
• City of Chino Hills
• City of Coachella
• City of Corona
• City of Desert Hot Springs
• City of Eastvale
• City of Eureka
• City of Indio
• City of La Quinta
• City of Menifee
• City of Ontario
• City of Oxnard
• City of Palm Desert
• City of Palm Springs
• City of Rancho Cucamonga
• City of Rialto
• City of San Carlos
• City of San Diego
• City of Santa Ana
• City of Tustin
• City of Vallejo
ASSOCIATIONS & GOVERNMENTAL
AGENCIES
• Association of California Water
Agencies
• ACWA/JPIA - Association of California
Water Agencies Joint Powers
Insurance Authority
• American Water Works Association
CA-NV
• CALAFCO - California Association of
Local Agency Formation Commissions
• California Dates Commission
• CalMutuals - California Association of
Mutual Water Companies
• Chino Basin Watermaster
• Coachella Valley Regional Water
Management Group – CV Water Counts
• CSDA - California Special
Districts Association
• CUEMA - California Utility Executive
Management Association
• Main San Gabriel Basin Watermaster
• Orange County LAFCO
• Rivers and Lands Conservancy
• Riverside County Department of Public
Social Services
• Salton Sea Action Committee
• San Gabriel Basin Water
Quality Authority
• San Gabriel Valley Water Association
• Santa Ana Watershed Project Authority
• SCVGSA - Santa Clarita Valley
Groundwater Sustainability Agency
HEALTHCARE/MEDICAL
• Arrowhead Regional Medical Center
• Desert Regional Medical Center
• Desert Healthcare District
• Desert Oasis Health Care
• Heritage Victor Valley Heath Care
• Hi-Desert Medical Center
ATTRACTIONS/TOURISM/RETAIL
• Augustine Casino
• Big Rock Pub
• City of Indian Wells – The Vue
• El Paseo Jewelers
• El Paseo Shopping District
• Fashion Island
• Mitch’s on El Paseo
• Palm Desert Aquatic Center
• Palm Springs Art Museum
• Spotlight 29 Casino
• The Living Desert
• Westin Mission Hills
• Westminster Mall
EDUCATION
• College of the Desert
• College of the Desert Alumni
Association
• College of the Desert Foundation
• Inland Empire/Desert
Regional Consortium
• Norco Community College
• San Bernardino County Superintendent
of Schools
• San Diego Miramar College
Below is a brief list of pertinent agencies and cities for which CV Strategies has developed websites, outreach or messaging campaigns.
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49 Strategic Counsel – CV Strategies provides
valuable insight on operations, communications
and government relations. This high-level
support will help guide outreach and stakeholderrelations efforts.
Legislative Support – We know local and regional
players. Working with staff to prepare legislative
documents and research relevant policy will
help create an atmosphere for successful policy
development and implementation.
Media Relations – Staff members at CV Strategies
have years of experience in newsrooms and with
print media, as well as close relationships with
local journalists. We understand how to develop
press releases and media alerts that will stand
above the rest and achieve results.
Collateral Development – CV Strategies sees the
value in creating compelling, engaging pieces
that connect with customers. Our expertise yields
a professional product guided by the agency’s
communications strategy and vision.
Design Services – From web to advertisements to
document design, CV Strategies’ in-house design
team turns copy into dramatic visual storytelling.
Community Meetings – CV Strategies provides
event support to increase community engagement
and customer attendance.
Photography and Video Services – Given
the importance of visual communication,
CV Strategies staffs both a photographer and
videographer to create and enhance images and
video content that complement compelling
written content to tell a complete story.
Training – Focused sessions help staff and elected
officials hone in on skills that are foundational
for agency communication efforts. We build
employee confidence and competence through
training that includes role-play, practice, and
guide materials for ongoing support.
Surveys and Analysis – CV Strategies’ pollsters will
design and conduct large-scale surveys designed
to gauge the interest, knowledge and satisfaction
among customers and stakeholders. The
information is reviewed and analyzed to identify
trends and develop outreach recommendations.
Translation – Our skilled translator on staff can
quickly transform written content into Spanish,
or assist with community meetings by providing
on-the-fly translation services.
OPTIONAL SERVICES OFFERED