Loading...
HomeMy WebLinkAboutC38770 Funding of Programming at The Living DesertCONTRACT NO. C38770 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 13, 2019 SUBMITTED BY: Veronica Tapia, Senior Management Analyst David Hermann, Senior Management Analyst REQUEST: APPROVAL OF CONTRACT NO.C38770 AN AGREEMENT BETWEEN THE LIVING DESERT AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF PROGRAMMING AT THE LIVING DESERT Recommendation That the City Council by Minute Motion 1) Authorize the Mayor to execute Contract No. C3877o an agreement between the Living Desert Zoo and Gardens and the City of Palm Desert relative to funding of programming at the Living Desert; and 2) Approve initial $200,000 payment in the current fiscal year and the same amount for the subsequent four (4) years to fund this agreement. Strateqic Plan Approval of the Funding Agreement with the Living Desert supports the Tourism and Marketing Priority 4 by utilizing opportunities to partner with existing agencies to promote the Palm Desert brand by participating in a wide range of nature based programming for the benefit of the community. Executive Summary During the 2018/19 budget study session, the City Council identified the Living Desert as an important asset and investment for the City of Palm Desert. Since that time, staff has been working to develop a cooperative effort that supports the needs of the Living Desert and recognizes its place as an economic driver within the community while providing greater name recognition for Palm Desert. Approval of this funding agreement will provide five (5) annual payments to the Living Desert for a total of $1,000,000. Background Envision Palm Desert, the City's Strategic Plan, identifies Palm Desert as the "cultural core" of the Coachella Valley. A major component of that identification stems from the programs and events that are provided at the Living Desert Zoo and Gardens. STAFF REPORT LIVING DESERT FUNDING AGREEMENT JUNE 13, 2019 PAGE 2 For nearly five decades, The Living Desert has been engaged in the important work of preserving, conserving and interpreting the desert and all its varied plant and animal life. The Living Desert has been an accredited member of the Association of Zoos and Aquariums since 1983, ensuring the highest standards for each area in which they are engaged. The Zoo is active in conservation research, habitat protections, breeding programs and education initiatives world-wide, as well as within the community. The Living Desert has requested financial assistance to augment and improve its programming to provide greater service to the residents and visitors of the City of Palm Desert. In recognition of the City's commitment, the Living Desert will provide certain programmatic requirements detailed in Exhibit "B" of the agreement. Benefits to the City include the renaming of the annual Brew at the Zoo event to "The Palm Desert Brew at the Zoo". The marketing associated with this event will help spread awareness of Palm Desert as a destination for arts and culture. The City will also receive a plaque in the newly designed welcome plaza, recognition of sponsorship in the Honor Roll of Donors, and opportunities to name map sections during the Zoo event, among other things. Staff recommends approval of the funding agreement between the Living Desert and the City of Palm Desert. Fiscal Analysis Funding in the amount of $1,000,000 was included within the FY 2018/2019 CIP Budget, Account No. 4004800-4387900. Upon funding approval and execution of the agreement, the first payment of $200,000 will be due and payable and the remaining four (4) payments due on the annual anniversary date. This agreement would remain in effect through June 30, 2024. LEGAL REVIEW X1/4 Robert W. Hargreaves City Attorney CONTENTS FINANCI J REVIEW Janet o re Direct f Finance CITY MANAGER Lauri Aylaian City Manager Living Desert Funding Agreement G rda Veronica TapiaNord 1)1cvStaff Reports SR Pundmg Agree ment-201 8-19 Lmng Desen 6-13-19 dot Contract No. C38770 AGREEMENT BETWEEN THE LIVING DESERT AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF PROGRAMMING AT THE LIVING DESERT THIS AGREEMENT (the "Agreement") is entered into effective on , 2019, by and between the City of Palm Desert ("CITY"), a California charter city ("CITY") and The Living Desert, a California non-profit public benefit corporation, ("THE LIVING DESERT"). WHEREAS, the CITY is a charter city organized under the laws of the State of California and its charter; and, WHEREAS, THE LIVING DESERT owns and operates a zoo and botanic garden, and provides a wide range of nature -related programing within the CITY, providing an enormous benefit to the residents and visitors of the CITY; and Whereas, the CITY, and the CITY acting as the Palm Desert Redevelopment Agency, have contributed more than $1.4 million to THE LIVING DESERT since 1992. Whereas, CITY and THE LIVING DESERT desire to improve, augment and provide stable funding for programing for the benefit of the community. NOW, THEREFORE, IT IS AGREED as follows: 1. Purpose. THE LIVING DESERT will continue to make vital contributions to the quality of life in Palm Desert for the City's residents and visitors through the ongoing provision of outstanding programs, amenities, and attractions that celebrate, and educate the public about, desert flora and fauna. 2. CITY'S Responsibilities. The CITY commits to provide one million dollars ($1,000,000) in five annual installments, of two hundred thousand dollars ($200,000) each, the first due and payable upon the mutual execution of this Agreement, and the remaining four annual installments due on the annual anniversary dates hereof, provided however, that the city council appropriates annually sufficient funds to pay the installment. The Payment Structure is attached hereto and incorporated herewith in Exhibit "A" to this Agreement. 3. THE LIVING DESERT'S Responsibilities. In recognition of the CITY's funding commitment in the amount one million dollars, THE LIVING DESERT will provide certain Programmatic Requirements as detailed in Exhibit "B" attached hereto and incorporated herewith. Page 1 of 5 G:Vda\Veronica Tapia\Finance\Living Desert Funding Agreement\Palm Desert - Living Desert Funding Agreement Revised Final Version 05-16-19.doc Contract No. 4. Term. This Agreement shall be effective as of June 1, 2019 and continue in effect until June 30, 2024, unless sooner terminated in accordance with the termination provisions set forth hereinafter. 5. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2024, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving ninety (90) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. 6. Relationship of Parties. It is understood that the contractual relationship of the THE LIVING DESERT to the CITY is that of Independent Contractor; THE LIVING DESERT is not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the manner in which THE LIVING DESERT provides its services, but THE LIVING DESERT shall be responsible for the results achieved. The means by which THE LIVING DESERT provides the services specified hereunder shall be determined solely by THE LIVING DESERT. CITY shall exercise no control over the manner and details of performance, the specific hours that any employee of THE LIVING DESERT may work, who shall be employed by THE LIVING DESERT or which employee is assigned to any particular function or duties; nor shall CITY provide supplies or tools utilized to accomplish the tasks undertaken by THE LIVING DESERT. The CITY is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by THE LIVING DESERT. 7. Assignment. This Agreement shall not be assigned or duties hereunder delegated by THE LIVING DESERT without the written consent of the CITY. 8. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 9. Indemnification. THE LIVING DESERT shall indemnify and hold CITY harmless, and each of its officers, directors, employees, and agents, and each of their heirs, successors, and assigns against, and shall indemnify and hold parties harmless from any and all claims, costs, liabilities, penalties, damages, or expenses of any kind or nature whatsoever, whether based on negligence or strict liability, including, but not limited to court costs, reasonable attorney's fees, and expenses, whether incurred at trial, appellate, or administrative level, or in connection with any required arbitration, which any such indemnified parties may suffer or incur, or to which any of such indemnified parties may be subjected, as a result of or arising out of this Agreement. Such indemnification, however, is subject to CITY and any other indemnified party claiming the right to be indemnified by providing written notice to THE LIVING DESERT of any such claim for damage under this Agreement within 15 days of receiving notice of such claim. 10. Notice. Any and all notices or other communications required or permitted by this Agreement to be served or given to either party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is Page 2 of 5 G:\rda\Veronica Tapia\Finance\Living Desert Funding Agreement\Palm Desert - Living Desert Funding Agreement Revised Final Version 05-16-19.doc Contract No. directed or, in -lieu -of personal service, when deposited in the United States mail, first class — postage pre -paid, addressed to CITY and THE LIVING DESERT as follows: City of Palm Desert Attn: Lauri Aylaian City Manager 73-510 Fred Waring Drive Palm Desert, CA 92260 The Living Desert Attn: Allen Monroe President and CEO 47900 Portola Avenue Palm Desert, CA 92260 Either party may change its address for purposes of this Agreement by giving written notice of the change to the other party in the manner provided in this paragraph. In Witness Thereof, this Agreement has been executed this , 2019, Attest: Secretary Attest: Rachelle D. Klassen, CITY Clerk THE LIVING DESERT President Date Date CITY OF PALM DESERT Susan Marie Weber, Mayor Date Date day of Page 3 of 5 G:\rda\Veronica Tapia\Finance\Living Desert Funding Agreement\Palm Desert - Living Desert Funding Agreement Revised Final Version 05-16-19.doc Contract No. EXHIBIT "A" PAYMENT STRUCTURE City shall pay to the recipient progress payments on the following dates, upon satisfaction of requirements referenced in Exhibit B, the following stated amounts for a cumulative total, not to exceed $1,000,000: • Upon execution of documents $200,000 • On the first anniversary of execution date $200,000 • On the second anniversary of execution date $200,000 • On the third anniversary of execution date $200,000 • On the fourth anniversary of execution date $200,000 The foregoing shall be the only payments made to the recipient during the entire term of this agreement. Page 4 of 5 G:\rda\Veronica Tapia\Finance\Living Desert Funding Agreement\Palm Desert - Living Desert Funding Agreement Revised Final Version 05-16-19.doc Contract No. EXHIBIT "B" PROGRAMMATIC REQUIREMENTS In recognition of the CITY's funding commitment in the amount one million dollars, THE LIVING DESERT will: 1. Install a plaque in a mutually agreed upon location within THE LIVING DESERT's new welcome plaza. The plaque will measure no less than 8" x 10" and will be installed on a concrete or stone pedestal or similar base/structure of sufficient height (no less than 18") to distinguish it from the existing hardscape while remaining consistent with and complementary to its surroundings. The plaque and its base will remain in place for a period of no less than 25 years. The plaque will acknowledge the CITY's generous support of THE LIVING DESERT in agreed upon language. THE LIVING DESERT will mark the installation of the plaque with a ceremony and feature the event in: media releases; park publications, including Foxpaws; THE LIVING DESERT's Annual Report; and other donor communications. The CITY's contributions will also be acknowledged annually in THE LIVING DESERT's Honor Roll of Donors, which will be displayed digitally in the new welcome plaza and in signage in the Chase Administration Building. The CITY's contributions through this agreement will be combined with its previous support of THE LIVING DESERT so that the CITY's cumulative support can be recognized permanently. Cumulative and annual giving are acknowledged each year at special donor events, on signage, and in publications. The CITY will receive attention commensurate with the increasing amount of its cumulative support. 2. THE LIVING DESERT's annual Brew at the Zoo beer and wine tasting event will be renamed "Palm Desert Brew at the Zoo" for a period of five years, after which the CITY will have the right of first refusal to renew its title sponsorship at a negotiated fee level. THE LIVING DESERT will retain the right to sell presenting and supporting sponsorships at levels below that of the CITY In addition to most prominent visibility as the title sponsor of Palm Desert Brew at the Zoo, the CITY will have opportunities to name a section of the event on the map/signage. THE LIVING DESERT will provide numerous marketing opportunities in the six to eight weeks preceding the event to include joint promotions and signage and advertising within the park and at other regional locations. Should THE LIVING DESERT and the CITY mutually agree to discontinue a Brew at the Zoo event during the term of this agreement, the parties will identify an alternative and comparable naming opportunity to allow for continued sponsorship payments throughout the agreement's term. Page 5 of 5 G:\rda\Veronica Tapia\Finance\Living Desert Funding Agreement\Palm Desert - Living Desert Funding Agreement Revised Final Version 05-16-19.doc