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2023-26 SCOPE Events - Paul Anderson Amendment 2 LQ Arts CelebrationMEMORANDUM DATE: September 30, 2024 TO: Jon McMillen, City Manager FROM: Michael Calderon, Community Resources Analyst Cv 0"&V CALIFORNIA - RE: Scope Events LLC - Amendment 2 - La Quinta Arts Celebration Production Services Please list the Contracting Party / Vendor Name, any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: ❑ Approved by City Council on ❑✓ City Manager's signing authority provided under the City's Purchasing & Contracting Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. ❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for temporary employment positions. ❑ Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): ❑ Bid ❑✓ RFP ❑ RFQ ❑ 3 written informal bids ❑ Sole Source ❑ Select Source F-1 Cooperative Procurement Requesting department shall check and attach the items below as appropriate: ❑✓ Agreement payment will be charged to Account No.: Services In -Kind ❑ Agreement term: Start Date 01 /01 /2025 End Date 12/31/2026 ❑ Amount of Agreement, Amendment, Change Order, etc.: $ 103,000.00 REMINDER: Signing authorities listed above are applicable on the acacrreaate Agreement amount, not individual Amendments or Change Orders! NOTE: W .❑ Insurance certificates as required by the Agreement for Risk Manager approval Approved by: PENDING - OM Date: 11/7/2024 Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. LIC -768328 Expires: 10/31/2025 Requisition for a Purchase Order has been prepared (Agreements over $5,000) AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH SCOPE EVENTS LLC. This Amendment No. 2 ("Amendment 2") to Agreement for Contract Services ("Agreement") is made and entered into as of the 30th day of September, 2024, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and SCOPE Events LLC, a California Limited Liability Company ("Contracting Party"). RECITALS WHEREAS, on or about January 1, 2022, the City and Contracting Party entered into an Agreement to provide services related to the organization and production of the La Quinta Arts Celebration ("Event"), for a total not to exceed amount of $103,000 per year for the life of the agreement. The term of the Agreement expires on December 31, 2025 ("Initial Term"); and WHEREAS, on or about January 10, 2023, the City and Contracting Party executed Amendment No. 1 and mutually agreed to change the November 2023 Event date to November 16th — 19th, 2023, and the March 2024 Event date to February 29th — March 3rd 2024; and WHEREAS, the City and Contracting Party mutually agree to change the November 2024 Event date to November 14th — 17th, 2024, the March 2025 date to February 27th — March 2nd, 2025, and November 2025 Event date to November 13th — 16th; and WHEREAS, the City and Contracting Party mutually agree to extend the Event Use Period by one (1) additional day to provide extra time to remove Event equipment from Civic Center Campus reflected in the "Set Up & Break Down" dates listed in amended Exhibit A to this Amendment No. 2; and WHEREAS, Contracting Party agrees to comply with State Law AB 2176 (codified at Public Resources Code sections 42648 through 42648.7) pertaining to Event waste reduction strategies and Sate Law SB 1383 (codified at Health and Safety Code sections 39730.5 through 39730.8 and Public Resources Code section 42652 through 42654) pertaining to the donation of edible food leftover from the Event, and the Agreement is hereby amended to include requirements for compliance with these regulations pursuant revised Exhibit D — Special Requirements; and WHEREAS, Section 3.4 Term provides that the Agreement will expire on December 31, 2025 ("Initial Term"), and may be extended for one additional year; and WHEREAS, the City and Contracting Party hereby mutually agree to extend the Agreement for one additional year, commencing on January 1, 2026 and terminating on December 31, 2026 ("Extended Term"). NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: /_1LTA 14►111LT, 14►k0 In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Exhibit "A" Scope of Services is amended to read as follows: Exhibit "A" — Scope of Services. The following are the dates for the Event: 2024 February 29 — March 3, 2024 November 14 — 17, 2024 2025 February 27 — March 2, 2025 November 13 — 16, 2025 2026 March 5 — March 8, 2026 November 12 — 15, 2026 Wed Set Up and Break Down: The Monday prior to the Event start is Set Up and the Tuesday after the Event is the end of Break Down. The following are the dates for the Event Set Up and Break Down (the "Use Period"): 2024 February 26 — March 4, 2024 November 11 — 19, 2024 2025 February 24 — March 4, 2025 November 10 — 18, 2025 2026 March 2 — March 10, 2026 November 9 — 17, 2026 Exhibit "A" attached hereto and incorporated herein fully replaces the original Exhibit "A" to the Agreement. 2. Exhibit "D" Special Requirements is amended to read as follows: Exhibit "D" Special Requirements Large events, drawing more than 2,000 people (including employees and volunteers), are required to provide written documentation to the City outlining waste reduction, reuse, and recycling strategies. State law also requires that event organizers provide the City with the type and weight of materials recycled, reused, or diverted as well as the weight of the trash disposed of from the event per State Law AB 2176. The City recommends working with the City's contracted waste hauler on a diversion plan to achieve the requirements. State Law SB 1383 requires that any event with over 2000 attendees including staff are required to donate edible food that would have otherwise been disposed of. It is the event organizer's responsibility to ensure that the maximum amount of edible food is recovered (i.e. donated instead of thrown away) by the food facilities and food vendors at their event. "Edible food" means food intended for people to eat but not sold because of surplus, appearance, age, grade, freshness, etc. It includes prepared food, packaged food, and produce. Contracting Party must establish written agreements with food programs and track the amount, frequency, and types of food donated monthly during any month in which an Event occurs. The state requires participation in these programs; non-compliance is subject to enforcement and fees. 3. Section 3.4 Term is amended to read as follows: Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on January 1, 2022, and terminate on December 31, 2025 ("Initial Term"). This Agreement is being extended for an additional 1 -year term, which shall commence on January 1, 2026, and terminate on December 31, 2026, upon mutual agreement by both parties and pursuant to the Standards of Performance in "Exhibit A" (the "Extended Term"). 4. In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 2 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation P, cMILLEN, City Manager City of La Quinta, California tA- Dated l 12,01A - ATTEST: ATTEST: MONIKA RA EVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California SCOPE EVENTS a ed Liability Company (� L L ul Anderson, CEO Scope Events LLC. Dated: -Z-J— Zr 2- 7" - Exhibit A Scope of Services Services to be provided: Contracting Party shall promote the City and shall plan, coordinate, produce, and break down an outdoor event that will have artists and their work available for display and purchase (periodically referred to as the "Event"). The Event will include two events and occur the first week of March (beginning Thursday and ending Sunday) and will be for 4 days. The hours of operation will be 9 a.m. until 7 p.m. for both events. In the event the first week of March event causes a conflict with the tennis tournament, the Event can move to the second week of March. The following are the dates for the Event: 2022 March 3 — 6, 2022 November 10-13, 2022 (Veteran's Day is Friday, November 11, 2022) 2023 March 2 — 5, 2023 November 16 — 19, 2023 (Veteran's Day is Saturday, November 11, 2023) 2024 February 29 — March 3, 2024 November 14 —17, 2024 (Veteran's Day is Monday, November 11, 2024) 2025 February 27 — March 2, 2025 November 13 — 16, 2025 (Veteran's Day is Tuesday, November 11, 2025) 2026 March 5 — 8, 2026 November 12 — 15, 2026 (Veterans Day is Wednesday, November 11, 2025) The location of the Event will be at the La Quinta Civic Center Campus, which shall be the open-air area in the City located between and around City Hall, the Wellness Center, and the City Library (the "Civic Center Campus"); additionally, Contracting Party shall have the right to use the following additional parking and temporary loading/unloading areas for those stated purposes (the "City Parking and Loading Areas"), as depicted in Area Site Map attached as an Addendum to this Exhibit "A" and incorporated by reference with the exception of the City's south parking lot for the November event. For the November event, the City shall have unrestricted access to the south parking lot at City Hall to allow for the City's Veteran's Day Recognition event. Unrestricted access for the City will be on Veteran's Day for each year of this agreement. The Civic Center Campus and City Parking and Loading Areas may periodically be referred to as the "City Properties." Contracting Party acknowledges and understands that the Area Site Map designates privately owned properties and parking areas, and that the City has no control over those properties, and that nothing in this Agreement does or may be construed as granting the Contracting Party the right to use those properties. Contracting Party may request use of the City's vacant lots surrounding La Quinta Community Park adjacent Avenida Montezuma for overflow parking for the events. The City hereby grants the Contracting Party the non-exclusive right to use the City Properties, which right to use is subject to the terms and conditions of this Agreement. The use of the City Properties shall be subject to the City's use of the City Properties in the ordinary course of business and as further described under this Agreement. Contracting Party shall have use of the Civic Center Campus for the Event, and Contracting Party shall have the use of the Civic Center Campus and periodic use of the City Parking and Loading Areas according to the following schedule: Set Up & Break Down: The Monday prior to the Event Start is Set Up and the Monday after the Event is the end of Break Down. The following are the dates for the Event Set Up and Break Down (the "Use Period") 2022 February 28 — March 7, 2022 November 7-14, 2022 2023 February 27 — March 6, 2023 November 13 — 20, 2023 2024 February 24 — March 4, 2024 November 11 —19, 2024 2025 February 24 — March 4, 2025 November 10 —18, 2025 2026 March 2 — 10, 2026 November 9 — 17, 2026 Parking: Non-exclusive use for attendees during Event hours If Contracting Party elects to change dates for future Events, a written request with the proposed date change must be submitted to the City no later than ninety (90) dates prior to the original Event date. Date changes are subject to City approval and may or may not be granted at City's discretion. City Manger is authorized to approve Event date changes for the remainer of the term of this Agreement. During the Use Period, Contracting Party may use the City Properties for organizing, setting up, breaking down, and holding the Event. The set-up, operation, production, and break down of the Event shall be according to first-class standards and consistent with other events that display and sell fine art, crafts, sculpture, and other items from artists. If Contracting Party seeks to change the dates of the Event, Contracting Party shall, not less than six (6) months prior to the designated commencement of the Use Period, deliver a written request to the City with alternative dates for the Use Period and Event, which the City may, in its sole discretion, approve or deny. Contracting Party shall have the obligation to provide and facilitate all materials and equipment to be used for the Event, as well as any ancillary materials and equipment necessary or property for the set-up, operation, and break down of the Event during the Use Period. Contracting Party, at its sole cost and expense (and notwithstanding any financial or in-kind contribution from the City), employ an adequate number of competent and responsible personnel to be on the City Properties at all times during the Event, to supervise participants, spectators, purchasers, and any attendees, to ensure safety and order. Contracting Party, at its sole cost and expense (and notwithstanding any financial or in-kind contribution from the City), shall employ an adequate number of competent and responsible personnel to be present at all times on the City Hall South Parking Lot during the Use Period for the purpose of ensuring that no vehicle associated in any way with the Event parks without prior written approve from the City Manager. Said personnel shall be directed to allow all City employees, consultants, agents, and other persons conducting City business to park in the City Hall South Parking Lot during business hours when City Hall is open, including for any City Council or other City commission or board meeting. Contracting Party shall develop a parking plan that ensures parking associated with the set-up, operation, production, or breaking down of the Event in no way interferes with parking associated with City Hall, Wellness Center, and the Library operations. Contracting Party shall be solely responsible for the care, safety, and supervision of all participants, spectators, purchasers, and any attendees on the City Properties during the Use Period and for all claims and liabilities arising therefrom. Contracting Party shall maintain the City Properties and all improvements thereon in good conditions, free of debris, rubbish, waste, and graffiti. Contracting Party shall have the obligation to ensure the City Properties, and any portion thereof, are restored at the end of the Use Period to the condition that the City Properties were at the commencement of the Use Period. The determination of whether the City Properties have been properly restored shall be made by the City Manager or designee, and such determination shall be final. Contracting Party shall take all steps directed by the City Manager or designee to restore the City Properties to the City Manager's reasonable satisfaction. Contracting Party shall be responsible to make all repairs and/or replacements of any City property destroyed or otherwise damaged during the Use Period for any set up, break down, operation, production, or any other use of the City Properties by Contracting Party or its employees or agents, or by any participants, spectators, purchasers, and any attendees of the Event. The City may demand that any damage or destruction be repaired or replaced by Contracting Party within thirty (30) days of the end of the Use Period or, at City's discretion, City may make such repair and replacement and Contracting Party shall reimburse City for such expense within thirty (30) days of receipt of invoice for said expenses. If any such destruction or damage occurs during the Use Period on the City Properties, it shall be presumed by and between City and Contracting Party that the expense of such destruction or damage is the obligation of Contracting Party and the burden shall be place on Contracting Party to prove that City should be responsible for such expense. Contracting Party shall be responsible, at its sole expense (except for any contribution by City set forth in this Agreement), to discard all debris, rubbish, and waste on the City Properties resulting from the Event or use of the City Properties during the Use Period in full compliance with applicable laws to a location off of the City Properties. Contracting Party shall have no legal or equitable claim against the City, any City agent, or third party to the extent that City construction or repair activity restricts in any manner the ability of Contracting Party to use the City Properties as set forth in this Agreement. No less than two (2) months prior to commencement of the Use Period, Contracting Party shall provide City with a list of the names and contact information for persons designated by Contracting Party who are authorized to act on behalf of Contracting Party for the set-up, operation, production, and break down of the Event. Contracting Party shall respond to any City inquiries regarding any such authorized person promptly, and in no Event later than the next business day if City communicates there is an urgency to respond to a purported authorized agent. The City shall have final approval right over the name of the Event. Contracting Party shall waive its commission fee on all sales made by the City's Civic Art Purchase Committee at both events. 2. Additional Terms Relating to the Scope of Services and City Rights: ■ Use of Civic Center Campus for the March and November Event will be at no cost to Contracting Party; ■ Use of City Parking and Loading Areas around the Civic Center Campus for the March and November event will be at no cost to Contracting Party; ■ Use of City Hall parking lots for the March and November Event will be at no cost to Contracting Party with the exception of November during which the City shall retain unrestricted access to the City Hall South Parking Lot on Veteran's Day; ■ City reserves the right to waive or reduce the $25,000 Temporary Use Permit deposit and the encroachment permit fee, which shall only be waived or reduced upon Contract Officer's approval; ■ City will coordinate with Contracting Party to provide expedited business licensing for artists and vendors at the March and November Event; ■ In exchange for Contracting Party's top level sponsorship for the March and November Event, City will provide the following: ■ Underwrite the cost of trash services, up to $5,000, for the March and November Event; ■ Market and press releases to support the Event; ■ Advertisement dollars up to $35,000, to be used by the City in its sole and absolute discretion in furtherance of promoting the for each calendar year and for both events. City installation of banners on city poles, provided by Contracting Party, where the City will install the banners in the Village Area of the City; Contracting Party may request for banners to be on city poles on Highway 111 and Washington Street, but Contracting Party must install or have them installed with the proper authorization and permits from the City. Exhibit D Special Requirements Large events, drawing more than 2,000 people (including employees and volunteers), are required to provide written documentation to the City outlining waste reduction, reuse, and recycling strategies. State law also requires that event organizers provide the City with the type and weight of materials recycled, reused, or diverted as well as the weight of the trash disposed of from the event per State Law AB 2176. The City recommends working with the City's contracted waste hauler on a diversion plan to achieve the requirements. State Law SB 1383 requires that any event with over 2000 attendees including staff are required to donate edible food that would have otherwise been disposed of. It is the event organizer's responsibility to ensure that the maximum amount of edible food is recovered (i.e. donated instead of thrown away) by the food facilities and food vendors at their event. "Edible food" means food intended for people to eat but not sold because of surplus, appearance, age, grade, freshness, etc. It includes prepared food, packaged food, and produce. Contracting Party must establish written agreements with food programs and track the amount, frequency, and types of food donated monthly during any month in which an Event occurs. The state requires participation in these programs; non-compliance is subject to enforcement and fees.