SCRAP Gallery/Museum Programs 17
TO: Chris Escobedo, Community Resources Director
FROM: Lisa Chaudhry, Administrative Technician
DATE: June 19, 2017
RE: S.C.R.A.P. Gallery Agreement
Attached for your signature is the agreement with S.C.R.A.P. Gallery to develop and
provide fun and educational programs at the La Quinta Museum.
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: 202-3004-60114
_X_ Amount of Agreement, Amendment, Change Order, etc.: $7,500.00
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_ Director’s signature authority provided under Resolution No. 2015-045 for budgeted expenditures of
$5,001 to $15,000 during the initial term
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_ Insurance certificates as required by the agreement (approved by Risk Manager on _____________ date)
N/A Performance bonds as required by the agreement (originals)
_X_ City of La Quinta Business License number LIC-0105171, Exp. 6/30/2018
N/A Purchase Order number ______________________
_X_ A requisition for a Purchase Order has been prepared (amounts over $5,000): Req# 201
_X_ A copy of this Cover Memo has been emailed to Finance (Sandra)
202-3006-60420
6/20 PNieto
1
CITY OF LA QUINTA
SHORT-FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 1 day of July, 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 S.C.R.A.P. Gallery, a 501 (c) 3 Non-Profit Organization with its
principal place of business at 31855 Date Palm Drive, Suite 3-110, Cathedral City, California =, 92234
(“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 July 1, 2017 to June 30, 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 Seven Thousand Five Hundred Dollars ($7,500) 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.
26529.00000\9101737.2AͲ1
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\9101737.2AͲ2
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
S.C.R.A.P. Gallery in coordination with the La Quinta Museum is proposing the following
programs:
x Monthly Family Craft Days
x Holiday programs to be scheduled in December and March/April
x La Quinta Museum Art Cart
x Expansion of the Art Cart program to include two additional carts, site to be
determined by the City of La Quinta
x Development of a pop-up Maker Space at La Quinta High School; equipped with
upcycled and recycled materials from local businesses.
x Participation in the annual City Picnic
Funds will be used for:
x S.C.R.A.P. Gallery program staff and support to the La Quinta Museum
x Development, management and supervision of projects
x Sourcing materials for projects
x Reuse consultation, if needed
S.C.R.A.P. Gallery
Proposal for Services FY 2017-18
Request
The S.C.R.A.P. Gallery is requesting funds in the amount of $7,500 to support environmental and art
education programs and projects benefitting the City of La Quinta.
Background
The average American discards 4.3 pounds of garbage every day. Without recycling, we add unneeded
pressure to our environment -- from our forests, to our deserts and to our oceans, by extracting more and
more resources. Enter the Student Creative Recycle Art Program (S.C.R.A.P. Gallery). S.C.R.A.P.
Gallery’s unique approach to help solve environmental problems teaches children and adults to be creative
in their personal recycling habits and take care of the planet.
S.C.R.A.P. Gallery addresses two of today's most urgent issues - the environment and the education of our
youth. S.C.R.A.P. promotes conservation and reuse by teaching them to creatively practice the Four R's -
Reduce, Reuse, Recycle, Responsibility. S.C.R.A.P. takes environmental topics, i.e. recycling, pollution,
climate change and mixes them with thematic art projects, and allows young and adult artists to interpret
them as finished art works- all from recycled materials.
Program Summary
Programs have been created to build social connections between people and stimulate broader civic
engagement. In 2016-2017, the S.C.R.A.P. Gallery and the City of La Quinta partnered to develop and
provide fun and educational programs at the La Quinta Museum including monthly family events, holiday
events and workshops at its first Summer Camp.
The S.C.R.A.P. Gallery also introduced a new program at the Museum – The Art Cart. The Art Cart
provides free art kits, composed of recycled and upcycled materials, for the general public to pick up and
take home to create art. Upon completing art projects, participants are encouraged to post their work on
social media - #laquintamuseum and #scrapgallery. The original idea for the program was to restock the
cart with kits once a month, but due to the overwhelming popularity of the program, S.C.R.A.P. is
restocking at least twice a month. This program not only encourages creative recycling, it also brings
people to the museum. S.C.R.A.P. Gallery would like to expand this program to additional La Quinta sites.
Program Activities
For FY 2017-18, S.C.R.A.P. Gallery in coordination with the La Quinta Museum is proposing the following
programs:
x Monthly Family Craft Days
x Holiday programs to be scheduled in December and March/April
x La Quinta Museum Art Cart
x Expansion of the Art Cart program to include two additional carts, site to be determined by the City
of La Quinta
x Development of a pop-up Maker Space at La Quinta High School; equipped with upcycled and
recycled materials from local businesses.
x Participation in the annual City Picnic
Program Cost
Funds will be used for:
x S.C.R.A.P. Gallery program staff and support to the La Quinta Museum
x Development, management and supervision of projects
x Sourcing materials for projects
x Reuse consultation, if needed
B-1
EXHIBIT “C”
COMPENSATION FOR SERVICES
Payment for services rendered pursuant to the Agreement shall be Seven Thousand
Five Hundred Dollars and Zero Cents ($7,500.00) for services described in Exhibit “B.”
The payment shall be a lump sum due upon execution of the agreement.
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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
E $2,000,000 per occurrence/$4,000,000 aggregate.
® Additional Insured Endorsement naming City of La Quints (above)
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.
11
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 Agreement to be executed on the
day and year first above written.
CITY OF LA QUINTA
S.C.R.A.P. GALLERY
By: By:
CHRIS ESCOBEDO
Community Resources Director
KAREN RILEY
Executive Director
APPROVED AS TO FORM: ATTEST:
WILLIAM H. IHRKE, City Attorney SUSAN MAYSELS, City Clerk
City of La Quinta, California City of La Quinta, California
2