2019 Old Town La Quinta - Art Sponsorshiptev Qa�Kra
-- GEM ofrbr DESERT —
MEMORANDUM
TO: Jon McMillen, City Manager dM
FROM: Lisa Chaudhry, Administrative Technician
DATE: November 27, 2019
RE: Sponsorship Agreement with Old Town La Quinta
Attached for your signature is the Short -Form Agreement with Old Town La Quinta
for sponsorship fees to the Desert Sun, CBS, Desert Entertainer, and Canada South
for the promotion of Art on Main, Health & Wellness Festival, and Spring Music Series.
Please sign the attached agreement and return to the City Clerk for processing and
distribution.
Requesting department shall 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.: $25,000
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is
attached with
no reportable interests in LQ or reportable interests
N/A 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:
N/A Approved by the City Council on
_X_ City Manager's signature authority provided under Resolution No. 2019-021 for budgeted
expenditures of $50,000 or less. This expenditure is $ and authorized by
Director
N/A 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_ In u ance certtify aces as required by the agreement (approved by Risk Manager on
N date)
N/A Performance bonds as required by the agreement (originals)
_X_ City of La Quinta Business License number: LIC-0004418, exp. 7/31/2020
_X_ A requisition for a Purchase Order has been prepared (amounts over $5,000)
t(VQra
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 1st day of October,
2019, ("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 Old Town LA
Quinta, a California Limited Liability Corporation with its principal place of business at 78100
Main Street #203, La Quinta, CA ("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 November 1, 2019 to June 30, 2020,
unless earlier terminated as set forth in the attached Terms and Conditions.
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 Twenty-five Thousand Dollars ($25,000) 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
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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 Quinta (above)
® Primary and Non -Contributory Endorsement
Workers' Compensation:
❑ Statutory Limits / Employer's Liability $1,000,000 per accident or disease
® Workers' Compensation Endorsement with Waiver of Subrogation
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IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF LA QUINTA
a California Municipal Corporation,
and Charter City
CHRISTINA CALDERON
Community Resources Manager
Required for over $15,000:
�"CMILLEN
ty Manager
ATTEST:
U ito
MONIKA RADEVV City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
LLIAM H. IHRKE, City Attorney
City of La Quinta, California
OLD TOWN LA QUINTA, LLC.
a California Limited Liability Corporation
W A � —
WELLS L. MARVIN, President
Marvin Investment, Inc.
Managing Member
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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 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
F—A l
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, 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
A-2
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.
EXHIBIT "B"
SCOPE AND SCHEDULE OF SERVICES
CITY DUTIES
1) CITY AGREES TO PAY THE SPONSORSHIP FEES TO THE DESERT SUN, CBS,
DESERT ENTERTAINER, AND CANADA SOUTH AS OUTLINED IN EXHIBIT C, FOR
THE PROMOTION OF THE FOLLOWING ART ON MAIN EVENTS BEING HELD AT OLD
TOWN LA QUINTA DURING THE 2019-20 SEASON:
• ART ON MAIN (AOM)
• 2019: NOVEMBER 9 & 30
• 2020: JANUARY 4 & 18
2020: FEBRUARY 1& 15
• 2020: MARCH 14 & 28
2) THE CITY AGREES TO PAY SPONSORSHIP FEES ASSOCIATED WITH PROMOTING
THE FALL AND SPRING EVENTS AS OUTLINED IN ATTACHMENT 2. ALL FEES TO
BE PAID DIRECTLY TO VENDOR.
• HEALTH & WELLNESS FEST
• 2019: NOVEMBER 29
■ SPRING MUSIC SERIES
• APRIL 2020
• MAY 2020
• JUNE 2020
ALL INVOICES TO BE SUBMITTED TO THE CITY WITHIN 30 DAYS OF COMPLETION
OF THE WORK, ATTENTION ACCOUNTS PAYABLE.
VENDOR DUTIES
OLD TOWN LA QUINTA AGREES TO SECURE MEDIA BUYS FOR ALL EVENTS AS
OUTLINED ON PROPOSALS (ATTACHMENTS 1 AND 2).
B-1
EXHIBIT "C"
COMPENSATION FOR SERVICES
ART ON MAIN (AOM) 2019-20 SEASON (ATTACHMENT 1):
f1FCFRT Cl IN
• PRINT
NOVEMBER.................................................................................
$11150
DECEMBER....................................................................................
$575
JANUARY....................................................................................
$1,150
FEBRUARY.....................................................................................
$575
MARCH.......................................................................................
$1,150
SUBTOTAL ................................... $4,600
• TABS
NOVEMBER.................................................................................
$1,630
DECEMBER.................................................................................
$1,100
JANUARY....................................................................................
$1,650
FEBRUARY.....................................................................................
$550
MARCH..........................................................................................
$550
SUBTOTAL ................................... $5,480
CBS -TV (KPSP LOCAL 2)
• TV COMMERCIALS
NOVEMBER.................................................................................... $2,500
DECEMBER................................................................................. $1,000
JANUARY.................................................................................... $2,500
FEBRUARY.................................................................................. $1,500
MARCH....................................................................................... $1,000
SUBTOTAL ................................... $8,500
DESERT ENTERTAINER
NOVEMBER - MARCH.................................................................... $1,750
CANADA SOUTH
NOVEMBER & FEBRUARY.................................................................. $500
ART ON MAIN 2019-20 TOTAL:......................................................... $20,830
C-1
HEALTH & WELLNESS FEST:............................................................... $2,000
SPRING MUSIC SERIES: ..................................................................... $3,000
GRAND TOTAL FOR 2019-20 SEASON: .............................................. $25,830
CITY SPONSORSHIP CONTRIBUTION NTE...................................... *$25,000
*OLD TOWN LA QUINTA TO BE RESPONSIBLE FOR ANY AMOUNTS IN EXCESS
OF THE SPONSORSHIP AMOUNT AS AFOREMENTIONED.
C-1
ART ON MAIN STREET AD SPONSORSHIP 2019-20
Desert Sun
Nov Dec
Jan
Feb
March
Print
1150
575
1150
575
1150
Tabs
1630
1100
1650
550
550
CBS
2500
1000
2500
1500
1000
Desert Entertainer
350
350
350
350
350
Canada South
250
250
ATTACHMENT o,
Total
4600
5480
8500
1750
500
Total $20,830
Notes: Billing months are approximate because some ads run from the end of 1 month to the first day
or 2 of the next, so companies may show charges in the former or latter month. Totals are the same.