2018-19 Old Town La Quinta - promote Art on Mainta (2�W
ofidw DESERT —
MEMORANDUM
TO: Frank Spevacek, City Manager
FROM: Lisa Chaudhry, Administrative Technician
DATE: October 11, 2018
RE: Agreement with Old Town La Quints
Attached for your signature is the Short -Form Services Agreement with Old Town La Quints for
sponsorship fees to the Desert Sun, Desert Entertainer, and CBS for the promotion of Art on
Main and First Thursdays.
Please sign the attached agreement and return to me for processing and distribution.
Reauestina department shall check and attach the items below as anuronriate:
_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. 2018-014 for budgeted expenditures
of $50,000 or less. This expenditure is $25,000 and authorized by Chris Escobedo, Community
Resources Director.
N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following reauired documents are attached to the agreement:
_X_ Insurance certificates as required by the agreement (approved by Risk Manager A 0 10 ' date)
N/A Performance bonds as required by the agreement (originals)
I City of La Quinta Business License number L4G- DOD44 ( I [4Pl (1b
_X_ A requisition for a Purchase Order has been prepared (amounts over $5,000)
_X_ A copy of the agreement packet including cover memo submitted for Purchase Order
Revised May 2017
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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, 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, 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 October 1, 2018 to June 30, 2019, unless earlier
terminated as set forth in the attached Terms and Conditions.
5. COMPENSATION. Vendor shall not receive compensation for services rendered under this
Agreement. Compensation shall be paid at the rates and schedule set forth in the attached Exhibit C
and shall not 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 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 DR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
® Additional Insured Endorsement naming City of La Quinta (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 Agreement to be executed on the
day and year first above written.
CITY OF LA QUINTA OLD TOWN LA QUINTA, LLC.
CHRISTINA CALDERON MARVIN INVESTMENTS, INC., MANAGING MEMBER
Community Resources Manager WELLS L. MARVIN
President
AirReed for over $ 00:
EV K
onager
APPROVED AS TO FORM: ATTES4RAVA,
WILLIAM H. IHRKE, City Attorney MONIit C rk
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 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.
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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
some in any United States Post Office, certified mail,
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
26529.00000\9101737.2 A-2
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
CITY AGREES TO PAY THE SPONSORSHIP FEES TO THE DESERT SUN, DESERT ENTERTAINER, AND
CBS DIRECTLY AS OUTLINED IN EXHIBIT C, FOR THE PROMOTION OF THE FOLLOWING EVENTS
BEING HELD AT OLD TOWN LA QUINTA DURING THE 2018-19 SEASON:
• ART ON MAIN (AOM)
o NOVEMBER 10 & 24
o JANUARY 5 & 19
o FEBRUARY 2 & 16
o MARCH 16
o APRIL 6
• FIRST [1S71 THURSDAYS
o
NOVEMBER 1
o
DECEMBER 6
o
JANUARY 3
o
FEBRUARY 7
o
MARCH 7
o
APRIL 6
ALL INVOICES ARE 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 FROM DESERT SUN, DESERT
ENTERTAINER, AND CBS AS OUTLINED ON PROPOSALS (ATTACHMENT 1).
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EXHIBIT C
COMPENSATION FOR SERVICES
ART ON MAIN 2018-19 SEASON:
DESERT SUN
• SPADEA FRONT PAGE
$1,150 / MONTH - JANUARY; FEBRUARY...................................................................$2,300
$575 / MONTH - NOVEMBER; MARCH; APRIL..............................................................1,725
0 3 ADS - THANKSGIVING
$950 - NOVEMBER...............................................................................................................
950
• TAB-ONS FRONT PAGE
$1,106 NOVEMBER...........................................................................................................1,106
$1,418 JANUARY..............................................................................................................1,418
$473 FEBRUARY...................................................................................................................473
$578 MARCH.........................................................................................................................
578
$550 APRIL...........................................................................................................................
550
DESERT ENTERTAINER
0 1/4 PAGE ADS
$350 / MONTH - NOVEMBER; DECEMBER; JANUARY;
FEBRUARY; MARCH; APRIL.............................................................$2,100
0 CANADA SOUTH 1/4 PAGE
$250 / MONTH - OCTOBER; FEBRUARY............................................................................
500
CBS
• TV COMMERCIALS
$1,500 / MONTH - NOVEMBER; JANUARY; FEBRUARY; MARCH.............................$6,000
$750 / MONTH - DECEMBER; APRIL...........................................................................1,500
ART ON MAIN 2018-19 TOTAL: ......................................................................................... $19,200
FIRST THURSDAYS 2018-19 SEASON:
DESERT SUN
0 TAB-ONS
$630 / MONTH - NOVEMBER; DECEMBER; JANUARY; FEBRUARY;
MARCH; APRIL $3,780
CBS
• AIRTIME ADVERTISING
$600 / MONTH - OCTOBER; NOVEMBER
1,200
FIRST THURSDAYS 2018-19 TOTAL: .................... . ............ . .. ............. $4,980
GRAND TOTAL FOR 2018-19 SEASON: ................................. . . . .... . .......... ..... . ............... $24,180
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