2 Chamber will continue as not all properties/local employees are eligible for Housing NOW! programs.
The funding provided to the Chamber is designed to support the ongoing work program of the Chamber and the implementation of deliverables outlined in Exhibit A of the attached agreement.
FINANCIAL CONSIDERATIONS:
The contract will be funded as part of the FY25-26 budget for the Town of Mammoth Lakes. The source of funds is the General Fund and is a portion of Measure A allocation of Transient Occupancy Tax related to tourism-based expenditures.
SERVICES AGREEMENT BETWEEN THE TOWN OF MAMMOTH
LAKES AND MAMMOTH LAKES CHAMER OF COMMERCE
1. PARTIES AND DATE.
This Agreement is made and entered into effective on the 1 st day of July 2025, by and
between the Town of Mammoth Lakes, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 437 Old Mammoth Rd., Suite 230, Mammoth Lakes, California, 93546 (“Town”) and Mammoth Lakes Chamber of Commerce, a California public benefit corporation and Federal 501(c)(6) nonprofit, with its principal place of business at 2520 Main Street, Mammoth Lakes CA, 93546 (“Contractor” or “Chamber”). Town and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” Commerce
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for providing services and programs designed to enhance the vitality of the local business community and to implement specified workforce housing program as defined in this Agreement on the terms and conditions set forth in this Agreement.
2.2 Project.
Town desires to engage Contractor to provide professional services related to enhancing the economic vitality of local businesses through programs and services designed to improve efficiency, customer service, business to business relationships, community engagement, financial and marketing education, workforce housing support, support minority and female owned business, and other services, as set forth in Exhibit A.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services related to the Workforce Housing Program as provided more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Services”). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Exhibit “A” sets forth the deliverables under the scope of work. In the event this Agreement is extended, Exhibit “A” may be updated to reflect changes in specific deliverables.
3.1.2 Term. The term of this Agreement shall commence on July 1, 2025 and terminate on June 30, 2029, and may be extended upon mutual written agreement by the Parties for a term not to exceed one year. Such term will be based on the Town’s fiscal year.
Chamber and Town Agreement July 2025
2 Notwithstanding the foregoing, this Agreement may be terminated as provided herein.
3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of Town and shall at all times be under Contractor's exclusive direction and control. Neither Town, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Key Personnel. Contractor has represented to Town that certain key personnel will perform and coordinate the Services under this Agreement. The key personnel for performance of this Agreement are as follows: Executive Director, Brianna Goico, under direction of the Board of Directors.
3.2.3 Town's Representative. The Town hereby designates the Town Manager or designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“Town's Representative”). Town's Representative shall have the power to act on behalf of the Town but not the authority to change the total compensation due to Contractor under this Agreement. Any official communication from the Town of Mammoth Lakes with respect to the performance of this contract by the Contractor must come from either the Town Manager or the Town Council, and no other party.
3.2.4 Contractor's Representative. Contractor hereby designates the Executive Director or his/her designee, to act as its representative for the performance of this Agreement (“Contractor's Representative”). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement at the direction of the CHAMBER Board. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.5 Coordination of Services. Contractor agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, Contractors and other staff at all reasonable times.
Chamber and Town Agreement July 2025
3 3.2.6 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein.
3.2.7 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold Town, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations
3.2.8 Insurance:
3.2.8.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subcontractor has secured all insurance required under this section.
3.2.8.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(B) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
Chamber and Town Agreement July 2025
4 3.2.8.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Town for approval.
(A) The policy or policies of insurance required by Section 3.2.8.2(A), Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: Contractor agrees to endorse the third party general liability coverage required herein to include as additional insured the Town, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the Services contemplated by this Agreement to do likewise. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium.
(B) The policy or policies of insurance required by Section 3.2.8.2(B) Workers’ Compensation, shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium.
3.2.8.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.8.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.8.6 Deductible. Any deductible or self-insured retention must be approved in writing by the Town and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
Chamber and Town Agreement July 2025
5 3.2.8.7 Evidence of Insurance. Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.8.8 Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the Town. The Town shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement. In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.8.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.8.10 Insurance for Subcontractors. All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Town as an Additional Insured to the subcontractor's policies. Contractor shall provide to Town satisfactory evidence as required under Section 3.2.8.1 of this Agreement.
3.2.9 Compliance with Applicable Law. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations.
3.3 Fees and Payments.
3.3.1 Compensation. The Town will provide compensation to Contractor in the amount of $324,000 per year. Payment will be made quarterly upon receipt of an invoice from the Contractor. Invoices shall include a description of the work undertaken by Contractor in the previous quarter. Payment will be made in the Month of July, October, January, and April of each year, provided the Contractor has submitted an invoice, together with the required supporting documentation, not later than June 15th, September 15th, December 15th, and March 15th, respectively. Notwithstanding the foregoing or any other provision of this Agreement, the annual allocation of funding for the Agreement is subject to appropriation by Town’s Town Council, and
Chamber and Town Agreement July 2025
6 Town shall have no obligation to provide the compensation set forth herein except to the extent funds therefor are appropriated by the Town Council in its sole discretion. Contractor acknowledges that funding to be appropriated hereunder comes from visitor-related revenues generated from transient occupancy tax, which is subject to fluctuation due to a number of factors outside Town’s control.
3.3.3 Reimbursement for Expenses. The compensation provided for in this Agreement constitutes the total compensation to be provided to Contractor. Contractor shall not be granted additional reimbursement for any expenses.
3.3.4 Extra Work. At any time during the term of this Agreement, Town may request that Contractor perform Extra Work as agreed upon between the parties in exchange for additional compensation to be agreed upon between the parties. As used herein, "Extra Work" means any work which is determined by Town to be necessary for the proper completion of the agreed upon task, service or project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the Town.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of Town during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. Town may by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least sixty (60) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to Town, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause, which shall consist solely of a breach by Town that remains uncured following sixty (60) days notice from Contractor to Town specifying the nature of the alleged breach. Contracts entered into by Contractor which are supported by funds provided under this Agreement, which are consistent with the purposes of this Agreement, and for which the project or service was approved through the a public process approved by Contractor’s Board of Directors and for which funds were allocated shall continue to be funded by the Town to the extent possible, subject to the availability of funding and ability for the Town to assume the contractual obligations, through what would otherwise have been the expiration date of this Agreement if this Agreement
Chamber and Town Agreement July 2025
7 is terminated without cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Replacement Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor: Mammoth Lakes Chamber of Commerce
2520 Main Street
P.O. Box 48
Mammoth Lakes, CA 93546
ATTN: Brianna Goico, President & CEO
Town: Town of Mammoth Lakes
Old Mammoth Rd., Suite 230
Mammoth Lakes, CA 93546
ATTN: Town Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data.
Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the Town.
Chamber and Town Agreement July 2025
8 Town shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Town's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of Town, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor's Services or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses.
3.5.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of Town’s choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.8.1 that may be brought or instituted against Town or its directors, officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Town or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse Town for the cost of any settlement paid by Town or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Town's attorney's fees and costs, including expert witness fees. Contractor shall reimburse Town and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
Chamber and Town Agreement July 2025
9 indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its directors, officials officers, employees, agents, or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Mono County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.12 Town's Right to Employ Other Contractors. Town reserves the right to employ other Contractors.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Town. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to Town include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Chamber and Town Agreement July 2025
10 3.5.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of Town's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 To the extent that Contractor subcontracts any portion of the work required by this Agreement, each such subcontract shall contain a provision making it subject to all provisions stipulated in this Agreement.
Chamber and Town Agreement July 2025
11 Town of Mammoth Lakes Mammoth Lakes Chamber of Commerce By: By:
Rob Patterson Brianna Goico
Town Manager President & CEO
Alisa Mokler Harper
Board Chair
Attest:
By:
Jamie Gray, Town Clerk
Approved as to Form:
By:
Andrew Morris, Town Attorney
MLCC Deliverables
A-1
EXHIBIT "A"
DELIVERABLES
MAMMOTH LAKES CHAMBER OF COMMERCE BUSINESS SUPPORT,
DEVELOPMENT AND ECONOMIC VITALITY PROGRAM
The Mammoth Lakes Chamber of Commerce (MLCC) implements a number of programs and provides services including education, relationships & connections, economic vitality, partnerships, business exposure, advocacy and member benefits. The top priorities are the members, a healthy business community and being the voice of business – not just the eyes and ears as the Chamber strives to represent the interest expressed by the Members. The overall work program of the Chamber includes a number of other community-based programs and events that enhance business to business communication, community engagement, promotions, and working in partnership with other entities to enhance the overall local business environment.
The Chamber also supports businesses through the Workforce Housing program. In addition to the services this program previously offered, MLCC also works to promote other Housing NOW! programs run under TOML, such as the Lease to Locals initiative. The Workforce Housing program as established by the Chamber will continue as not all properties/local employees are eligible for Housing NOW! programs.
The funding provided to the Chamber is designed to support the ongoing work program of the Chamber and the implementation of the deliverables provided below.
DELIVERABLES
1. Continue to provide overall management and support for Chamber services.
2. Provide regular opportunities for businesses to network and establish business to business relationships on at least a quarterly basis. This may be achieved through regular business after hour events, power lunches, and similar business focused events. Provide opportunities for industries to convene on a quarterly basis through the Mammoth Lakes Lodging Association, Mammoth Lakes Restaurant Association and the Non-Profit Coalition.
3. Provide leadership to bring specific training to local businesses in such areas as marketing and promotion, use of social media, business plan development, financial planning, customer service, SBA loans, and similar services.
4. Enhance the skills and employability of workers in Mammoth Lakes with targeted training and workforce development programs such as the Chamber Career Compass program. In addition, provide at least two customer service related training opportunities to businesses annually.
MLCC Deliverables
A-2
5. Provide community engagement opportunities through hosting innovative speakers, promotion of community events, putting on the 4th of July Parade, cohosting Community Coffee with MLT and opening celebrations (ribbon cuttings) for new businesses.
6. Recognize top performing businesses and individuals in Mammoth Lakes through the Business Excellence Awards. Oversee in depth nominating and voting process to select award winners and host the Business Excellence Awards Gala with nearly 200 guests.
7. Serve as an advocate on local business matters before local governmental agencies (i.e.
Town, County, Schools and Special Districts) and consult with the Board of Directors to assist the Chamber in making recommendations on governmental proposed policies and actions.
8. Establish regular outreach materials and methods to local businesses and other interested parties, which may include, but is not limited to electronic, social media and/or print media.
As a part of communication with members and the community, continue to distribute weekly e-newsletter (Chamber Connection).
9. Provide support to the Town as requested to engage with area business owners on concerns raised by businesses such as capital projects directly impacting local businesses, sign programs/codes, beautification, and related actions or programs considered by the Town and/or requested by businesses. In addition, work with TOML and Mono County to update and maintain relevancy of a New Business Guide.
10. Work cooperatively with Mammoth Lakes Tourism (MLT) on marketing, promotion and engagement with local businesses, events and activities that support the goals of MLT and enhancing visitation and visitor experiences.
11. Maintain database of candidate housing units and locations for the Chamber’s Workforce Housing Program, including second homeowners, HOAs, short term rentals (STR) and other properties, hotels, RV and trailer parks, and other options. The effort continues the program established by the Chamber in FY19-20 and FY20-21.
12. Deploy and maintain roommate matching app/website program including contracting with appropriate 3rd party vendor as necessary.
13. Implement Diversity, Equity & Inclusion (DEI) practices through quarterly Women in Business gatherings and noting minority and female owned businesses on the Chamber online directory.
14. Provide formal updates (a minimum of two per year) to the Town Council on Chamber activities with one to outline the coming year’s work program.
Provide ongoing informal updates as appropriate to the Town Council and Town Staff
MLCC Deliverables
TOWN COUNCIL STAFF REPORT
Title: FY2025-26 Budget – General Fund Revenue Projections Meeting Date: April 2, 2025
Prepared by: Rob Patterson, Town Manager
RECOMMENDATION:
Staff is requesting Town Council comment and provide direction on proposed revenue projections that will assist staff in preparing the preliminary FY25-26 budget to be presented on May 7, 2025, for Town Council consideration.
BACKGROUND:
The methodology and background used for each revenue forecast is consistent with prior years.
Preparing these initial revenue estimates involves analysis of performance trends and review of impact from elements that can affect our visitor-based economy. These elements are variable and can change from year to year. However, some are indicative of market strength and consumer sentiment, while volatile, do not often change as quickly as the weather. Staff review these trends for clues on how these elements are changing and therefore impact our expected revenue.
The vast majority of revenue generated in the Town is directly related to visitation. We remain conservative in our estimates to prevent overreliance on highly volatile revenues. These revenue estimates are completed with the best available information to date. Staff will receive updates to information for revenue projections and make adjustments through the budget cycle. Staff are working on the expense side of the budget as we prepare a preliminary budget for discussion tentatively set for May 7th.
FY25-26 General Fund Revenue Projections
In preparing for the FY25-26 budget, several key revenue projections are made to set the stage for the expenditure side of the budget. The primary focus is on the General Fund, which supports the majority of the Town’s operations. The following highlights our projection of revenues for the preliminary budget work. These projections are subject to change as more information is obtained through the budget process. The following discussion uses the adopted FY24-25 budget as a point of comparison as well as trends over the past several years. The preliminary base operating revenue for FY25-26 is $33,332,365 which represents a 1.5% increase from the prior year adopted budget ($32,852,365). This increase is muted by some anomalies from the prior year that will be explained below.
Transient Occupancy Tax
The base Transient Occupancy Tax (TOT) is recommended at $19.5 million this year, which is $1,000,000 or 5.4% higher than last year and represents 58.5% of the General Fund budgeted revenue for FY25-26. We believe this base TOT is sustainable based on summer / winter
Fiscal Year 25-26 Budget Revenue Projections Page 2
diversification and TBID supported marketing efforts. The staff do believe this revenue item will exceed the budget within the next year, allowing for investments in Housing Now! initiatives and community investment as outlined in the Town Council Strategic Priorities. However, locking in a higher budget would increase our vulnerability to fluctuating visitation and revenues. This approach also allows us to allocate revenue in excess of the operating budget to special projects and one time spending that will further critical community programs. The Town is unique in that we depend so heavily on visitation and this revenue stream, but we are also unique in the fact we have a system to provide financial capital to further our projects, over and above our operating needs.
Visitation to the Town has fluctuated in the prior year, waning during the fall months as uncertainty about the election caused concerns. The lodging community, responding to these softening effects, did reduce their nightly rates, causing a slight reduction in average daily rates, providing a negative impact to TOT collection. Winter has been average with early storms producing excitement and a good holiday season followed by a softer January, and late winter storms delivering good snow and visitation.
Mid-year FY24-25, Measure L was introduced, increasing Transient Occupancy Tax from 13% to 15%. In January 2025, the Town Council allocated all revenue from the additional two percentage points of Measure L to Housing Now! As Housing Now! is in Fund 245 Housing Programs, they are not reflected in this analysis of General Fund Revenue. For purpose of clarity, the expected TOT revenue for Fund 245 will be $3,000,000 as a factor of the budgeted $19.4 million in base TOT.
The analysis provides a comparison of Non-Winter months (May – November) and WinterMonths (December – April). The two seasons are used to demonstrate both steady increase in NonWinter month revenue and more potential volatility in the Winter months. The average for the past 10, 6, & 3 years is provided.
Fiscal Year 25-26 Budget Revenue Projections Page 3
Staff are requesting Council discussion and confirmation on the TOT revenue recommended for the initial preparation of the operating budget.
Property Tax
All Combined Property Tax revenue streams represent approximately 15.3% of the General Fund revenue or $5,100,000. This projected revenue is 3.0% higher than the prior year’s adopted budget.
In previous years we have been much more aggressive on property tax as the housing market and sales were very strong. There are 10 components to property tax and some elements like Documentary Transfer Tax are not expected to be as strong as previous years. That coupled with a flat property value may prompt some adjustments to valuation or other factors that will impact overall performance of this revenue item. Higher interest rates are impacting sales prices, along with concerns on the overall economy. This initial analysis considers the revenue collected in the last two years as a good baseline. This is a conservative estimate as we are $400,000 to $500,000 less than the previous year’s tax collected. These estimates will be reviewed in the coming weeks as we anticipate receiving more detailed projections from Mono County. Below you will find a historical representation of property tax.
Fiscal Year 25-26 Budget Revenue Projections Page 4
Sales Tax
Sales Tax represents 9.8% of the General Fund or $3,250,000 for FY25-26. This budget amount is the same as the prior year as staff increased the budget in the previous year by 8.3%. This revenue item is strongly tied to visitation, and the price of goods and services. The performance has declined from the high of FY22-23, with the strong winter, and the variance from budget to actual is around 7%. Staff expect this trend to stabilize as inflation slows. Below you will find a historical representation of sales tax.
Fiscal Year 25-26 Budget Revenue Projections Page 5
Franchise Fees
Franchise Fees revenue estimate of $1,000,000 represents 3.0% of the General Fund revenue budget for FY25-26. The Town receives franchise fees for Solid Waste, Electricity, Gas and Cable.
The budgeted revenue is very close to the 3-year average for actual revenue collected. While this item is tied to visitation, as the number of visitors has an effect on electricity and gas usage, it has fewer variables affecting performance. Staff expects a consistent performance to the 3-year average and is therefore budgeting closer to actual performance for this item. Below you will find a historical representation of combined franchise fees.
Fiscal Year 25-26 Budget Revenue Projections Page 6
Certified Properties Fee
This was a new revenue stream for FY24-25, and it is a result of work done with the STR Advisory Committee to review the administration of Short-Term Rental (STR) business in the Town. In the first year of this revenue item, there were a few factors that influenced the amount of revenue collected. The first was the fact the Town was collecting a prorated fee for the last half of calendar year 2024, all of which would be collected in FY24-25. That resulted in an additional revenue estimate of $450,000 for the previous year. The second factor was the staff estimate of the number of Certified Property units that would apply for the certificate. The previous estimate was 3,600 and the actual number is closer to 3,400 units. The result of these two factors produces a decline of approximately 38% or $512,000 in this revenue item in FY25-26. The fee is $250 per unit, which will remain the same for FY25-26 and is renewed annually for each property. This revenue item is expected to produce $837,500 annually, which represents 2.5% of the General Fund revenue budget for FY25-26.
Other Revenues
Other Revenues represent 10.9% of the General Fund revenue and include a variety of fees and charges for service, interest, grants, etc. Some of the larger elements include the annual COPs grant ($100,000); cannabis tax ($75,000); business license ($400,000); building permit fees ($850,000); planning and zoning applications ($350,000); TBID Administrative fee ($133,400); facility rentals; ($177,000); recreation program fees ($170,000); transit fee ($150,000), and transfer – in
Fiscal Year 25-26 Budget Revenue Projections Page 7
($425,000). Transfer In represents monies allocated from other funds to cover expenditures in the General Fund. The major elements included here are Tourism Reserve support for the host program and fish stocking as well as Measure R and U support for the Office of Outdoor Recreation. In addition to the specific items listed above, other revenues include planning fees; other development related fees; charges for programs; licenses and permits; interest, and miscellaneous administrative fees. The projected revenue is approximately $3,644,865.
Fiscal Year 25
-26 Budget Revenue Projections Page 8
Fiscal Year 25
-26 Budget Revenue Projections Page 9
Fiscal Year 25-26 Budget Revenue Projections Page 10
Other Funds
The Town has other funds that will be incorporated into the preliminary budget such as Gas Tax, Airport, Vehicle maintenance and replacement, Measures R & U, and a number of smaller funds, such as the various assessment districts. Finalizing both revenues and expenses for several of these funds is tied to the General Fund. Using the direction provided on the above revenues will assist staff in proceeding with the next step in the budget cycle.
CONCLUSION
Your Town leadership team and finance staff have put in a number of hours preparing for the budget cycle. They are committed to working within the Town’s financial limits and the policy direction provided by Town Council as we provide services to our community. Council discussion and recommendation on the key revenue components of the FY25-26 budget are a critical first step in the development of our budget. As the budget cycle progresses, staff will provide additional budget details, comparisons and other relevant information that serves to inform the overall budget development.
FY25-26 Budget
General Fund Revenue Projections
Rob Patterson
Town Manager
April 2, 2025
General Fund Revenue – Transient Occupancy Tax
General Fund Revenue – Property Tax
General Fund Revenue – Sales Tax
General Fund Revenue – Franchise Fee
General Fund - Projected Revenue
General Fund - Projected Revenue
Agenda Item ________
File No. ____________
AGENDA BILL
Subject: Councilmember Reports
Initiated by: Jamie Gray
______________________________________________________________________ BACKGROUND:
Each member of the Town Council is appointed to serve as a Town representative to a number of committees, commissions, and organizations.
These groups meet infrequently and from time to time the representatives will report to the rest of the Council at a regularly scheduled meeting.
In addition, Councilmembers on occasion participate in meetings, conferences and seminars, and their reports on these educational opportunities are of benefit to the rest of the Council.
ANALYSIS/DISCUSSION:
California Government Code requirements pertaining to the open meeting act stipulate that all items for discussion must be listed on the agenda before the matter can be discussed and/or acted upon. To meet this requirement, and the intent of the Brown Act, Councilmember Reports are listed on each agenda to allow representatives to report to the rest of the Council at these meetings.
The following is a list of the commission/committees on which members of the Council serve:
Land Use:
Local Agency Formation Commission (LAFCO) – Rice, Truax, and Bubser as alternate
Airport Land Use Commission – Rice, Truax, and Bubser as the alternate Mono County Collaborative Planning Team (CPT) – Senior Planner Kim Cooke and Bubser and Truax as alternates
Intergovernmental Relations:
Town and County Liaison Committee – Bubser, Rice, and Town Manager and Sauser as alternate
Desert Mountain Division of the League of California Cities – Sauser and Town Manager as alternate
Eastern Sierra Council of Governments (ESCOG) – Bubser, Wentworth, and Sauser as alternate
Great Basin Unified Air Pollution Control District – Wentworth and Bubser as alternate
League of California Cities City Voting Delegate – Bubser and the Town Manager as the alternate
California Joint Powers Insurance Authority Board – Truax and Assistant to the Town Manager as alternate
Transportation:
Local Transportation Commission (LTC) – Bubser, Sauser, and Truax; Town Manager as alternate
Eastern Sierra Transit Authority (ESTA) Board – Bubser and Sauser Local Issues:
Mammoth Lakes Tourism (MLT) Board – Wentworth
Mammoth Lakes Recreation (MLR) Board – Truax
Eastern Sierra Community Housing Board – Rice
Treasury Oversight Committee – Finance Director; Town Manager as alternate LEGAL CONSIDERATIONS:
According to the California Open Meeting Act, commonly referred to as the Brown Act, the agenda must reflect every matter to be discussed by a governing body.
RECOMMENDATION(S):
This agenda bill is submitted for information only.