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AVMP / 19th Hole Block Party 17ta aiAt(v -- 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 11 day of January, 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 Audio Visual Meeting Professionals (AVMP), an Audio Visual service provider with its principal place of business at 79125 Corporate Way #662, 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 described in accordance with the schedule set forth in Exhibit `B". 4. TERM. The term of this Agreement shall be for January 20, 2017 from 6:00 p.m. to 10:00 p.m., 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 six hundred and twenty five dollars ($4,625.00) per fiscal year (July 1 to June 30) without written amendment. 6. 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. 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. 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 Agreement to be executed on the day and year first above written. CITY OF LA QUINTA By: By: STAFF NAME STAFF TITLE Required for over '5100(l:` 1 A I VM P- VENDOR NAME t raw RlOrrICE E OWNER/OFFICE TITLE OWNER/OFFICER NAME OWNER/OFFICER TITLE 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, Slate 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. 'fhc Vendor shall take out and maintain, during the performance of all work under this Agreement: A. Commercial General Liability Insurance in the amounis 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 000 t), 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 I (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 VIV 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 26529,00000\9 I01737.2 A-1 performance of this Agreement, except to the extent caused or resulting from the negligence or 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 Slate of California, 11' any action is brought to interpret or enforce any tern 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 or abandon any portion or all of the Work by giving 10 calendar days written notice to Vendor. In such event, the City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for the Work. The City shall pay Vendor the reasonable value of any portion of the Work 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 Work, and shall not be entitled to damages or compensation for termination of work. Vendor may terminate its obligation to provide further Work 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 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 Scope and schedule of services to be provided as described in proposal (Attachment 1) for the 19`h Hole Block Party at 78100 Main Street, La Quinta, California on January 20, 2017. w AVM� Proposal 79125 Corporate Way #6612 Order No. TBD La Quinta, CA 92248 Show Name: Block Party Tel:760-289-2405 Fax: 760-657-2608 Sales Person: Michael W. Customer Event Location City of La Quinta/Jaime Torres Old Town Lawn 78495 Calle Tampico La Quinta, CA 92253 760-777-7014 Delivery Date: 1/20/2017 Return Date: 1/20/2017 Time: Set by 4:30pm Time: 10pm Via: AVMP Via: AVMP AVMP Production Schedule Friday January 20, 2017 12pm AVMP Arrives and Begins Set Up 3:30pm Set Complete/Crew Lunch 4:30pm Crew Returns/Band Rehearse 6prn Event Begins 10pm Event Ends/Strike Begins 12am Strike Complete/AVMP Departs AVMP M11G Qty Days Description Rate Total 1 1 4 1 3 5 1 4 4 2 1 10 2 AUDIO 1 24 Channel Digital Mixing Console 1 248 Mic Snake 1 Monitor Wedges 1 Drum Mic Kit (Includes 8 Mics, boom stands and clips) 1 Guitar Amp Mics 1 SM58 Vocal Mics w/ Stands 1 DI Box for Bass Guitar 1 Meyer UPA-1P 1 Speaker Stands 1 Meyer USW-1P (Sub Woofer) LIGHTING 1 Digital Lighting Board 1 LED Par Lights -stage wash 1 Lighting Trees LABOR 1 1 Audio Engineer Day Rate 1 1 Audio Assist Day Rate 1 10 General Labor Power 1 1 Client to Provide 5 Dedicated 20 amp Circuits for Event ** Notes $ 240.00 $ 150.00 $ 70.00 $ 400.00 $ 35.00 $ 35.00 $ 30.00 $ 100.00 $ 100.00 $ 75.00 $ 35.00 $ 35.00 $ 800.00 $ 650.00 $ 50.00 Equipment Total Labor Total Power Delivery Total $ 240.00 $ 150.00 $ 280.00 $ 400.00 $ 105.00 $ 175.00 $ 30.00 $ 400.00 $ 200.00 $ 75.00 $ 350.00 $ 70.00 $ 800.00 $ 650.00 $ 500.00 $ 2,475.00 $ 1,950.00 $ 200.00 5 4,625.00 Y RVMPD A,,,I,o Visual Mo.lmq PrAi m—,1109 ACCEPTANCE Total Estimate: $ 4,625.00 Prepared for: City of La Quinta/Jaime Torres Printed On: 1/5/201716:48 Accepted by: Printed Name Signature Approval Date:__ Payment Terms: COD *Please sign and return to secure services. Quote is good until 10am 1110117 Susan Maysels From: Teresa Thompson Sent: Thursday, January 19, 2017 9:20 AM To: Susan Maysels Subject: RE: CVAS Agr - Signed & Approved Attachments: CVAS Agr (2017-0004).pdf Here you go — not sure why the footer has that remark since it is not an amendment or revision... not my problem I guess! From: Susan Maysels Sent: Thursday, January 19, 2017 9:11 AM To: Teresa Thompson Subject: FW: CVAS Agr for review & signature Here's the Agr to affix FJS's signature Susan Maysels I City Clerk & Risk Manager City of La Quinta From: Frank Spevacek Sent: Wednesday, January 18, 2017 6:05 PM To: Teresa Thompson Cc: Lisa Chaudhry; Marcie Graham; Jaime Torres; Susan Maysels Subject: Re: CVAS Agr for review & signature TT: I have reviewed and approve this contract. Please affix my electronic signature. In the future, the person who prepares the cover memo needs to provide more information regarding: how does the contract price compare with the initial proposal, a summary of the purpose for a contract, and has the scope of services changed since it was first submitted. All of these documents are public records. We must provide facts that support the need to expend tax payer money or else the Mayor, Council and management will have much explaining to do. And whomever is requesting this contract does not want to be on the receiving end of that wrath. Also, do not assume that I am aware of the details regarding the purpose of the requested contracts. I receive contracts from all business units to execute and am not intimately aware the supporting rational. Finally, Bill's role is to make sure all is legally correct; my role is to evaluate the business purpose and why expending funds in the best interest of the La Quinta stakeholders. While this may may sound like too much detail, when one is on the receiving end of explaining to the Council, press and community one's rational for approving expenditures that some find controversial, one does not want to go through that experience again. Frank J. Spevacek I City r Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760-777-7030 WT I " fsDevacek@ta-quinta.org 00900 AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT WITH AUDIO VISUAL MEETING PROFESSIONALS This Amendment No. 1 to Professional Services Agreement with Audio Visual Meeting Professionals ("Amendment No. 1") is made and entered into as of the 11T" day of January, 2017, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Audio Visual Meeting Professionals, an Audio Visual service provider ("Vendor"). RECITALS WHEREAS, on or about January 11, 2017, the City and Vendor entered into a Short -Form Services Agreement to provide Audio Visual services for the City. The term of the Agreement is from 6:00 p.m. to 10:00 p.m. on January�102017: and th WHEREAS; changes are indicated to the Compensation for Service in the Short - Form Services Agreement; and WHEREAS, the City is utilizing Consultant for Audio Visual services; NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT 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. Compensation for services is amended to read as follows: Compensation for services described in Exhibit "B" to be made upon time of set up (12:00 p.m. on 1/20/17) regardless of rain or shine in the amount of Four Thousand Six Hundred Twenty -Five Dollars ($4,625.00). In all other respects, the Original Agreement shall remain in effect. Rev.2-5-14 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Short -Form Services Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Digitally signed by Frank J Spevacek DN: 5erialNumber=g8z 17zn0v50w4d3x, c=U5, 5t=California, I=La Quinta, o=FrankJ Spevacek,cn=FrankJ Spevacek Date: 2017.01..19 09:05:17-08'00' Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: Dated: Digitally signed by Susan Maysels DIN: cn=Susan Maysels, o=City of La Quinta, ou=Clerk's Office, email=smaysels@la- quinta.org, c=US Date: 2017.01.19 09:14:56-08'00' William H. Ihrke, City Attorney CONSULTANT: AVMP [type of entity] 1 By: ` Name: Michael S. Title: Director of Sales & Events Rev.2-5-14 P MEMORANDUM TO: Chris Escobedo, Community Resources Director FROM: Jaime Torres, Management Assistant DATE: January 18, 2017 RE: Amendment #1 with AVMP for audio and lighting services for the 191h Hole Block Party main stage. Attached for your signature is the Amendment #1 short -form services agreement with Audio Visual Meeting Professionals for audio and lighting services for the 19th Hole Block Party. These services will be used to provide an audio and visual system for the music performers on the main stage only. 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: 101-3001-60512 _X_ Amount of Agreement, Amendment, Change Order, etc.: $4,625.00 paid regardless of rain or shine. A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests hi -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_ Director's signature authority provided under Resolution No. 2015-045 For budgeted expenditures of $50,000 or less N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The foU ing aired documents are attached tg the agreement:. _X_ Insurance certificates as required by the agreement (approved by Risk Manager on date) 7 X_ Performance bonds as required by the agreement (originals) 7 _X_ City of La Quinta Business License number - Purchase Order number CERTIFICATE OF LIABILITY INSURANCE DATE(11120YYYY) 12/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Athos Insurance Services, LLC P.O. BOX 61102 CONTACT NAME: Any Representative A/PHOCNNo Ext : 626 716-9800 ac. No); 626-701-5047 ADDRESS: service@athosinsurance.com Pasadena, CA 91116 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Atlantic Specialty Insurance Company INSURED INSURERB: United States Fire Insurance CO. INSURERC: AVMP Inc. INSURERD: 79125 Corporate Way #6612 La Quinta, CA 92248 INSURER E INSURER F : CAVERAGFS CERTIFICATE NUMBER: REVISION THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADVL iINSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 X COMMERCIAL GENERAL LIABILITY PERSONAL & ADV INJURY $1,000,000 B_71 CLAIMS -MADE OCCUR r�--7�ry ��^++ .I ,r°�� ,r� SRPG 1V1-Qf 15/ USS304842 03/04/2016 12:01am 03/04/2017 12:01am EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $300,000 GEN'L AGGREGATE LIMIT APPLIES PER: MED EXP (Any one person) $5,000 $ �( RO- LOC POLICY JPECT _ COMBINED SINGLE LIMIT F.a accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTO P AUTOS PROPERTY DAMAGE (Per ecuden I $ $ - OCCUR EACH OCCURRENCE $ AGGREGATE $ ' CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION ANDEMPLOYERS'LWBILITY YIN WCSTATU- OTH- TORYLIMITS ER $ E.L. EACH ACCIDENT $ .Rasa ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Inland Marine Coverage 790011744-0003-19221 4/1/2016 12:01:00 AM PST 4/1/2017 12:01:00 AM PST Limit Description Deductible Options Supplement $250.00 Supplement _ha Schedule, if more apace is required) City of La Quinta, its officers, officials, employees, agents, and volunteers are named as additional insured as their interests appear. There is no coverage for Rented Autos. Theft From Unlocked Vehicle Warranty Exclusion Applies — This means there is NO Coverage for Theft From an Unlocked Vehicle. CANCELLATION City of La Quinta, Its Officers, officials, employees, agents & volunteers SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 78495 Calle Tampico WITH THE POLICY PROVISIONS. La Quinta, CA 92253 AUTHORIZED REPRESENTATIVE @ 1988-2010 ACORWCORP�R#T1014. AUVKU Z5 � The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Policy Number: SRPG-101-0715/USS304842 Insured: AVMP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of La Quinta, its officers, officials, employees, agents, and volunteers 78495 Calle Tampico La Quinta, CA 92253 J Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II - WHO IS AN INSURED is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions of the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 CERTHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-O0-2017 CITY OF LA QUINTA SP 78495 CALLE TAMPICO LA QUINTA CA 92253-2839 GROUP: POLICY NUMBER: 9202444-2017 CERTIFICATE ID: 1 CERTIFICATE EXPIRES: 01-04-2018 01-04-2017/01-04-2018 This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the Callfornia Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or atter ,he coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be Issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms. exclusions. and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT N1570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2017-01-06 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF LA QUINTA EMPLOYER AVMP SP 79125 CORPORATE WAY #8612 LA QUINTA CA 92248 ISAZ,CS] (REV.7-2014) PRINTED : 01-06-2017