2018 LH Productions - Toast to LQ
M E M O R A N D U M
TO: Christina Calderon, Community Resources Manager
FROM: Jaime Torres, Management Assistant
DATE: January 2, 2018
RE: AUDIO VISUAL SERVICES FOR TOAST TO LQ ON FRIDAY, FEBURARY 9,
2018 AT THE MUSEUM FOR A TOTAL COST OF $1,479.81.
Attached for your signature is a short form services agreement for Toast To LQ on Friday,
February 9, 2018 at the Museum for a total cost of $1,479.81.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
_X_ Contract payments will be charged to account number: 101-3003-60149
_X_ Amount of Agreement, Amendment, Change Order, etc.: $1,479.81
_NA_ A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
_____ no reportable interests in LQ or ____ reportable interests
_NA_ A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
_NA_ Approved by the City Council on ____________
_NA_ City Manager’s signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less. This expenditure is $____________and authorized by contract approved by ________
_NA_ Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
_X_ Insurance certificates as required by the agreement (approved by Risk Manager on _____________ date)
_NA_ Performance bonds as required by the agreement (originals)
_X_ City of La Quinta Business License number LIC-0101046
_NA_ A requisition for a Purchase Order has been prepared (amounts over $5,000)
_NA_ A copy of this Cover Memo has been emailed to Finance (Sandra)
Jan 10 Pam
CITY OF LA QUINTA
SHORT-FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 20 day of December, 2017,
(“Effective Date”) by and between the City of La Quinta, a Municipal Corporation and Charter City
organized under the Constitution and laws of the State of California with its principal place of business
at 78-495 Calle Tampico, La Quinta, CA (“City”) and LH Productions, an audio visual event productions
company with its principal place of business at 1453 Virginia Avenue, Suite E, Baldwin Park, California
91706 (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as
“Parties” in this Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached
Exhibit “A.”
3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the date(s)
and schedule(s) described in accordance with the schedule set forth in Exhibit “B.”
4. TERM. The term of this Agreement shall be from Thursday February 8, 2018 to Saturday,
February 10, 2018, unless earlier terminated as set forth in the attached Terms and Conditions. This
Agreement may not extend beyond a period of five (5) years, unless under the City’s Fiscal Policies and
Procedures this Agreement is exempt from the five (5) year limitation.
5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement
at the rates and schedule set forth in the attached Exhibit “C” but in no event shall Vendor’s
compensation exceed One Thousand Four Hundred and Seventy Nine Dollars and Eighty One Cents
($1,479.81) per fiscal year (July 1 to June 30) without written amendment.
6. FORCE MAJEURE. The time period specified for performance of the services rendered pursuant to
this Agreement shall be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Vendor including, but not restricted to, acts of God or of
the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight
embargoes, acts of any governmental agency other than City, and unusually severe weather, if Vendor
shall within ten (10) days of the commencement of such delay notify the City in writing of the causes
of the delay. The City shall ascertain the facts and the extent of delay, and extend the time for
performing the Services for the period of the forced delay when and if in their judgment such delay is
justified, and the City’s determination shall be final and conclusive upon the parties to this Agreement.
Extensions to time periods for performance of services, which are determined by the City to be justified
pursuant to this Section, shall not entitle the Vendor to additional compensation unless City expressly
agrees to an increase in writing.
not applicable
26529.00000\9101737.2
EXHIBIT “A”
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid on a time
and materials or lump sum basis, as may be set forth
in Exhibit “C”, within 30 days of completion of the
Work and approval by the City.
2. Compliance with Law. Vendor shall comply with
all applicable laws and regulations of the federal,
state and local government. Vendor shall assist the
City, as requested, in obtaining and maintaining all
permits required of Vendor by Federal, State and
local regulatory agencies. Vendor is responsible for
all costs of clean up and/or removal of hazardous
and toxic substances spilled as a result of his or her
Work.
3. Standard of Care. The Vendor shall perform the
Work in accordance with generally accepted
professional practices and principles and in a
manner consistent with the level of care and skill
ordinarily exercised by members of the profession
practicing under similar conditions.
4. Insurance. The Vendor shall take out and
maintain, during the performance of all work under
this Agreement: A. Commercial General Liability
Insurance in the amounts specified in Section 6 of
the Agreement for bodily injury, personal injury and
property damage, at least as broad as Insurance
Services Office Commercial General Liability
coverage (Occurrence Form CG 0001), and if no
amount is selected in Section 6 of the Agreement,
the amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B. Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned
and hired vehicles, of at least $1,000,000 per
accident for bodily injury and property damage, at
least as broad as Insurance Services Office Form
Number CA 0001 (ed. 6/92) covering automobile
liability, Code 1 (any auto); C. Workers’
Compensation in compliance with applicable
statutory requirements and Employer's Liability
Coverage of at least $1,000,000 per accident or
disease. Vendor shall also submit to City a waiver of
subrogation endorsement in favor of city, and D.
Professional Liability (Errors and Omissions)
coverage, if checked in section 6 of the Agreement,
with a limit not less than $1,000,000 per claim and
which shall be endorsed to include contractual
liability. Insurance carriers shall be authorized by
the Department of Insurance, State of California, to
do business in California and maintain an agent for
process within the state. Such insurance carrier shall
have not less than an "A"; "Class VII" according to
the latest Best Key Rating unless otherwise approved
by the City.
5. Indemnification. The Vendor shall indemnify and
hold harmless the City, its Council, members of the
Council, agents and employees of the City, against
any and all claims, liabilities, expenses or damages,
including responsible attorneys’ fees, for injury or
death of any person, or damage to property, or
interference with use of property, or any claim of the
Vendor or subcontractor for wages or benefits which
arise in connection with the performance of this
Agreement, except to the extent caused or resulting
from the active negligence or willful misconduct of
the City, its Council, members of the Council, agents
and employees of the City. The foregoing indemnity
includes, but is not limited to, the cost of prosecuting
or defending such action with legal counsel
acceptable to the City and the City’s attorneys’ fees
incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State
of California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall
be brought in a state or federal court situated in the
County of Riverside, State of California.
7. Termination. The City may terminate the services
procured under this Agreement by giving 10 calendar
days written notice to Vendor. In such event, the
City shall be immediately given title and possession
to any original field notes, drawings and
specifications, written reports and other documents
produced or developed for the services. The City
shall pay Vendor the reasonable value of services
completed prior to termination. The City shall not be
liable for any costs other than the charges or
portions thereof which are specified herein. Vendor
shall not be entitled to payment for unperformed
services, and shall not be entitled to damages or
compensation for termination of work. Vendor may
terminate its obligation to provide services under this
Agreement upon 30 calendar days' written notice to
the City only in the event of City’s failure to perform
in accordance with the terms of this Agreement
through no fault of Vendor.
8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone
other than the City and the Vendor. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render the
other provisions unenforceable, invalid or illegal.
Notice may be given or delivered by depositing the
same in any United States Post Office, certified mail,
26529.00000\9101737.2
return receipt requested, postage prepaid, addressed
to the parties to the addresses set forth in the
Agreement. Vendor shall not assign, sublet, or
transfer this Agreement or any rights under or
interest in this Agreement without the written
consent of the City, which may be withheld for any
reason. Vendor is retained as an independent
contractor and is not an employee of the City. No
employee or agent of Vendor shall become an
employee of the City. The individuals signing this
Agreement represent that they have the authority to
sign on behalf of the parties and bind the parties to
this Agreement. This is an integrated Agreement
representing the entire understanding of the parties
as to those matters contained herein, and
supersedes and cancels any prior oral or written
understanding or representations with respect to
matters covered hereunder. This Agreement may
not be modified or altered except in writing signed
by both parties hereto.
B-1
EXHIBIT “B”
SCOPE AND SCHEDULE OF SERVICES
Vendor shall install and remove equipment for the City. Location of installment: 77-885
Avenida Montezuma, La Quinta, California 92253. Installation can start as early as Thursday,
February 8, 2018 and must be completed by 5:00 p.m. on Friday, February 9, 2018. Removal
must be completed by Saturday, December 10, 2018 at 12:00 p.m. Please view the attached
quote number 171214 as a reference.
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LH PRODUCTIONS RENTAL AGREEMENT
The articles described on the reverse are leased upon the terms set forth on the reverse and in this paragraph. Receipt of said articles in
good condition is hereby acknowledged. The lease period shall commence on the date set forth on the first page of this agreement. The
articles shall not be altered, by the lessee, without the express written consent of LH PRODUCTIONS, also known hereinafter as Lessor
or LHP. This contract in no way constitutes or implies transfer of ownership or title of said articles.
On any termination of this lease said articles shall be returned to LHP to one of its agents in as good condition and repair as when
received by Lessee. All costs of transportation from and to said plant shall be paid by Lessee. This lease may be terminated at any time
by LHP, by written notice or for the Lessee's default or if the Lessee's credit is impaired or a petition of bankruptcy is filed by or against
the Lessee. The rental (lease) cost specified is for the period ending on the date specified on the first page for return of said items. If the
articles are retained by the Lessee after such date, rent shall be paid weekly in advance at the same rate at which the original rental
cost was computed. A deposit may also be required at the time of rental, the amount of which shall be determined by LHP. All deposits
received by LHP, shall be held as security for the performance of the Lessee's agreements hereunder and at the option of LHP, may be
applied to the payment of rent as it comes due, and/or to make repairs for damage incurred to said articles while under the care of the
Lessee, and and/or to cure any default of Lessee without prejudice to or suspension of any other right or remedy of LH PRODUCTIONS.
The (security) deposit also may be held and used by LH PRODUCTIONS, until all of the Lessee's obligations are fully performed and the
property returned. The amount of any deposit in no way defines or limits the Lessee's other costs. Any monies collected are considered
a deposit and are not refundable. Rental amounts are never applied towards replacement costs.
Lessee shall not assign this lease or interest therein or sublet any leased article. Lessee agrees to indemnify and save LH
PRODUCTIONS, harmless from any and all costs, expenses, attorney's fees, suits liabilities, damages or claims for damages,
howsoever caused including but not limited to those arising out of any injury or death to any person or persons or damage to any
property of any kind whatsoever and to whomsoever belonging, including Lessor's in any way relating to the use, storage or possession
of the leased property or the performance or exercise of any of the duties, obligations or responsibilities of Lessor regardless of
responsibility for negligence arising out of the use of the leased property or the services of the Lessor which might arise in connection
with the leasing of the props herein or caused by or have any connection with the props or the condition, maintenance, possession,
operation or use thereof.
It is also understood that NO CLEARANCES, regarding the use of personal likenesses, photographs or other "intellectual property
rights," however that may be defined, have been obtained, and if necessary any and all responsibility in this regard rests solely with the
Lessee, if applicable. Lessee agrees to operate each piece of equipment re nted hereunder in accordance with the manufacturer’s
operating procedures. Lessee further agrees to pay any and all bills for additional rental and/or loss and damage owed to LH
PRODUCTIONS. Any balance not paid by the payment due date as shown on the reverse will be charged a late penalty of 1.50% per
month. This agreement contains all of the terms upon which the described articles are leased and supersedes and controls any other
orders or proposal, written or unwritten heretofore given with respect thereto unless the terms hereof are expressly modified by a later
agreement signed by the parties. If suit is commenced or an attorney is employed, or if LH PRODUCTIONS, incurs other costs to
enforce any obligation of the Lessee hereunder, or to collect moneys owed LHP, by Lessee under the terms of this agreement, Lessee
agrees to pay all costs of collection incurred by LHP, including but not limited to investigations, court costs, collection agency costs,
and/or attorney's fees. All funds are billed in U.S. currency.
All payments by check or other negotiable instrument shall be drawn on a U.S. bank, or Lessee agrees to pay double of all fees incurred
by LH PRODUCTIONS, in the collections of said moneys, as well as late charges, as due, with a minimum charge of $50.00. Lessee
agrees that should a loss occur of any of or all the items rented under this agreement, or if said items become damaged, for whatever
reason, whether through the fault of Lessee or of anyone else or from an Act of God, that Lessee is fully responsible, and agrees to pay
to LH PRODUCTIONS, within ten (10) days of the loss and/or damage, an amount equal to the Full Replacement Value as stated on the
Rental Agreement as either "Value" or "Valuation." Lessee agrees that the amounts of the Replacement Values (Values or Valuations)
as stated on this Rental Agreement are a fair and accurate representation of the worth and replacement value of the props rented, and
therefore will not be disputed by Lessee or any of its agents or consignees for any reason after the commencement of this lease. Lessee
agrees that if an insurance claim is instigated by any party to reimburse LH PRODUCTIONS, for any expenses as set forth in this
contract, that Lessee will guarantee to pay to LHP, any difference between any amount owed under this contract and any amount paid to
LHP, by any insurance company or any other company, agency or source within thirty (30) days of the Loss Date as defined by LH
PRODUCTIONS.
Lessee agrees to act in good faith on behalf of LH PRODUCTIONS, to work with any insurance company to obtain any payments due
LHP, within thirty (30) days of the Loss Date. Lessee agrees to pay any late fees arising from any payments not being made within thirty
days to LH PRODUCTIONS, by either Lessee or any other source including any insurance company.
I agree to the above terms and herewith certify that the original agreement provided to me by LH PRODUCTIONS has not been altered.
Authorized Signature ______________________________
On Behalf of ________________________________ Date__________
B-1
B-1
EXHIBIT “C”
COMPENSATION FOR SERVICES
Compensation for services described in Exhibit “B” shall be as follows:
One Thousand Four Hundred and Seventy Nine Dollars and Eighty One Cents ($1,479.81) upon
the successful completion of services at Toast to LQ on Friday, February 9, 2018. Please see
the attached invoice in Schedule B as a reference.