2018 Party Pals - Tree Lighting Ceremony Equipment Rentalsta
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CEMoj'r1y.,DESERT — —•-
MEMORANDUM
TO: Christina Calderon, Community Resources Manager
FROM: Michael Calderon, Management Assistant
DATE: December 5, 2018
RE: Event services with Party Pals for the City for $4,250.00.
Attached for your signature IS A SHORT FORM SERVICES AGREEMENT FOR EVENT SERVICES
WITH PARTY PALS FOR THE CITY FOR $4,250.00.
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.: $4,250.00
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. 2018-014 for budgeted expenditures
of $50,000 or less. This expenditure is $ and authorized by [Council, Director, etc]
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 i� 5 date)
NA Performance bonds as required by the agreement (originals) I" V
X City of La Quinta Business License number LIC-0003006
NA A requisition for a Purchase Order has been prepared (amounts over $5,000)
X A copy of this Cover Memo has been emailed to Finance (Claudia)
Revised May 2017
t(V QU - 0 f t(4j
-- GEM of the DESERT
CITY OF LA QUINTA
SHORT -FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 4 day of December, 2018,
("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, Lo Quinta, CA ("City") and Party Pals, with its principal place of business at
10427 Roselle Street, San Diego, CA 92121 ("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 December 7, 2018 to December 9, 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 Four Thousand, Two Hundred Fifty Dollars, Zero Cents ($4,250.00) 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.
7. INSURANCE. In accordance with Section 4 of Exhibit "A," Vendor shall, at its expense, procure and
maintain for the duration of the Agreement such insurance policies as checked below and provide proof
of such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General
Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers,
officials, employees and agents.
Commercial General Liability Insurance:
® $1,000,000 per occurrence/$2,000,000 aggregate OR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
® Additional Insured Endorsement naming City of La Quints (above)
® Primary and Non -Contributory Endorsement
Automobile Liability:
® $1,000,000 combined single limit for bodily injury and property damage.
Workers' Compensation:
® Statutory Limits / Employer's Liability $1,000,000 per accident or disease
® Workers' Compensation Endorsement with Waiver of Subrogation
Professional Liability (Errors and Omissions):
❑ Errors and Omissions liability insurance with a limit of not less than $1,000,000
per claim
IN WITNESS WHEREOF, each of the Parties has caused this Agreem ex
ecuted on the day
and year first above written.
CITY OF LA QUINTA
PARTY
CHRISTINA CALDERON A R
Community Resources Manager /PP�q'X. 0 irect of Revenue Kinetics
� r
Required for over $5 000:
C IS ESCOBEDO
Community Resources Director
APPROVED AS TO FORM: ATTEST:
MORaN GALLAGHE MONIKA RADEV , City Cl c
�J
Assistant City Attorney City of La Quinta, California
City of La Quinta, California
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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 7 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 7 of the Agreement, the amounts
shall be $1,000,000 per occurrence/$2,000,000
aggregate; B. Automobile Liability Insurance for
bodily injury and propertydamage 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.
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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,
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
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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.
EXHIBIT "B"
SCOPE AND SCHEDULE OF SERVICES
PARTY PALS TO DELIVER, INSTALL, AND MONITOR EVENT EQUIPMENT FOR THE TREE LIGHTING
EVENT, ONE GIANT SNOWMAN JUMPER (BOUNCE HOUSE) ONE TRACKLESS TRAIN, ONE SANTA
CHAIR. PARTY PALS TO PROVIDE ONE TRAIN ENGINEER WHO WILL OPERATE THE TRAIN FOR
THE DURATION OF THE EVENT. DELIVERY AND STRIKE DOWN ON DECEMBER, 7, 2018 AT CIVIC
CENTER PARK (78495 CALLE TAMPICO, LA QUINTA CA 92253).
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Office Phone 858-622-6613
10427 032Cute c+.eer can Q one CA 92121 24 !-hal( Finaraency enFu 85k2M4533
Event Number_ 18918JI-A ' Pie..me dote - Equipnm!t not, fmm' US* &7o time
Event Date: 1717/18 Event Da Friday
Delivery Tom. I pm Set trf, 3.pm Start Time. # Rrn End Tune:.9 pm Strike: 9 pm
Saw: Event Site, t o Quints ?ark
City of La Quinta Event Address: 78468 Westward Ho Drive. La Quints, CA 92253
78450 Avenida la Fnrda Event Contact. Aheia O'Brien SiWCell Phone:1818) 5134056
La Quinta CA 92253 Party Pals Rep: Jeff Anderson
bemQuantity kemDeseriptkm Cost PowerRequiremerrts
Giant Snowman Jutrp
$ 550
1, 20-amp cirmid
Santa Chair
S 350
None
Trad less Train tChrislmas Decorations)
$2500
Batteries
LED Lights on all cars
S Soo
Badeties
Delivery
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Total $4250
Special tnstruttions'
Lr oon6tdera'.tdn or WMranta corrfai W hereto: Party Pals General PaMXmSr+ip, nerem ai re WTVd to as Party Para. leases to the undeNgned. upon
I
erms an a oxtr. o ms Set torte:
t. otaeotmtar0epoeftlAsryttrent; A Sb% deposa anq r;T" egL-n agreernem are regtared to secure tie egllpment and or serum Contracted
ETA"Ml wjwcr ien;ko% chat not i:e considered reserves umm the exert agreement K Vged and Wpoo Mowea The rrmarnng hatance to sue
ut m del very or As per a wrtren event Weeereri tf paymerd not teceN-ed upon a7eed t 4m6 rHen Interest tw accrue at the rSP of 13% per mrrdr rx
1 Bid per year on unpaKi WW* In addraorl, arty asmu= rterrzed on the event agrearnerl w" to voided and fie m ME-m2 d xrO= rrdlou any
ckbw I1t val tie due tt the payrnent For V* goods and W-t e6 are not received ai mywd to In m evatagreemorit r Party Pats'f regLbed td Irkcur
at; mey's tees to Order In order to emme mw event agrelY7befi =n"Ct Cie vVer51j5ed agrees to R!7 let' w-&e Party Pm Tor SUM attorney tee6 Wrd
esperrfies.2 PAMund patrcyrCanCWlJlWc9Rstn quo_ if a rerttat is cmWed bees scan 2t days ner_'xe the scrtedtf ed event dYe the depdWt ti rortellea tr
a regU Is extend WA Man Aa notrs Cefom tr>e 6cWdue4 event, date, trte emote t manse Y. due. Rstn out. it a rer»at % canceled we to rar. Party Pals
rr W me rained 2f train before the s';W- led eovil 004"y trine of &W.&e use enure "acre IS due. 3. Prwtlm+_ O mr*rle tares will W E7t'aliated
hw--d Won the o" event W-Wort and pece, and sha I m "Neel rot extt hojur or pW M Zem of for equVrreilI 2114W W. lce6 kept In gWWOn
Geyorvt the fithe?dtaed evedf err] tare. s. Pmn ttLt.tarmm The renter final assume at cog of any pemnts a smw web and nespx%r Wny t] oCtarn
pernvW4ense6 If arty Mgutred. 5. 0SHA- Clterd tndemUrm Carxn3 and Federal Or, HA 1a'fis and 0:1V efi Wth al rlgrarement5 or OSHA at Otte rertt3t
bC.' bin £. Unulul Cohabonc Party Pats n?WMIr the I" I[ 10 C-7" arOOT dlr-rWIl MUe the use of eq eprterat r Condrbms are deemed td to unsafe.
Th% MWei two s nd WmUd to unsafe vl�,=er conduxx {ex "Wwe wed, faun, IrY"1, Ll=re set UP area, rmra� try parmpami dr ass or cod
rtrcn cannot be predpdrd. 7. 0"IWeccidrnt: The underLkf74d aswr*6 it resporsxt>iy mr arry pPgTs r3l carnage or lair, 1p Paty Parr, a rrerrt
caused bl V* rSrr".yn"Oer or tt1e O%w."Vn. guest a arty d'rrd party- E1afa0nlC anq darer dRiL�u1'ICdCriS gre y urpred [fade and Far:/ Pans Can
not oe new resporslt * For any such rruthnt "T, a acts of Cod mar rrdo pdevrfit us from prx tdhq the mntracled egUpmen andOr &Ent" ShMM
yore event re at7arted oy stlen an rttYdent, Patty Pats reee+vei Lle rtprtta ct.ofiLtute ai rterrt of egtz3l or greater slue. rc an ttesn can rot 3e att;>Gtrk.te4
a Rut tpNrW 6[L711 be male A del motleys recerveo a %t Party Pas fitsaE rnE be rtHd taue Trx nrtrset IoiG. Realer agrees m n the ewmar any wooerk
casuacty mrufang b boduy It property damages ag6rq at re e+ tr arty or We property beoca*s tnsxe of In a State of dwepar, mrw WA
mrneaatery �.: ^.: ue Ile use MKeor and natty Party Pais. Renter" not abuse, harm oar rrvstrse eq.rlprnenL it renter 16 afore d atraWdmt
rvomI%g W4 e¢tprneM renter shot peome Party Pats a 1tQ11 M report of the acctderi wmm 21 lour, irmidtrg names and addresses or of persons
YzaoNW artd all WMeSSes. s. Equllpmaat toad W. CCent Is respormbie to be. sue teat the equprml mkmd Cart De phrysicaty detvpred at Otte
wx*dtled ttme atd WMon. s. XmxTV M or RU7 The urKWSigled actnaaledWli t7lat the garner eft LLgdrm a`Itl slnarrycpatad MU OMM cam
relfitft m prry6lcx njtry, paraiyats. Beam, ordarraye bi yx+trKelr, m ptopertty, or td LnKd Partrea. Furo►amore. 0txt tairh rklrs �y rautot ne ettrtrlated
rflhotd iedpardt�xJ Rie [tisempal q stores elf the game arxlvrlev. Renter nereoy agrees to defend, hWtsrnCy and hold party Pats harmless 17 31 sum
oast. tec8 and ep&meS ImInN atDfney fees. Shoud a tlatnt are madjz aging party Pais by herder of ftM parties wm regaa to damage to Ina %1=,
to property or reused cares Furmer. TAX de"re. to KitletnaN and how hafmIe"" LAenl to any event *here Party Pals is regLam to erMmeMe
terms ormis Agree rerl.
Crmm Signature
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Date
EXHIBIT "C"
COMPENSATION FOR SERVICES
Please review attached invoice number: 18918JLA
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