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2018 LH Productions - Audio Visual Services for National Fitness Campaignta Qai tra GEM ofrl a DESERT — MEMORANDUM TO: Chris Escobedo, Community Resources Director FROM: ' Jaime Torres, Community Resources Management Analyst DATE: October 09, 2018 RE: Audio Visual Services with LH Productions for the National Fitness Campaign on October 20, 2018 for $1,342.80. Attached for your signature IS A SHORT FORM SERVICES AGREEMENT FOR AUDIO VISUAL SERVICES WITH LH PRODUCTIONS FOR THE NATIONAL FITNESS CAMPAIGN ON OCTOBER 20, 2018 FOR $1,342.80. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Reauestina department shall check 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.: $1,342.80 NA A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or _ reportable interests NA 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 uaon: NA Approved by the City Council on NA City Manager's signature authority provided under Resolution No. 2018-014 for budgeted expenditures of $50,000 or less. This expenditure is $20,046.00 and authorized by Director NA Initial to certify that 3 written informal bids or proposals were received and considered in selection The followina required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on Ic �10- P gate) NA Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC-0101046 NA A requisition for a Purchase Order has been prepared (amounts over $5,000) X A copy of this Cover Memo has been emailed to Finance (Claudia) Revised May 2017 owKra��, 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 2 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 LH Productions, an audio visual event production company with its principal place of business at 1453 Virginia Avenue, Suite E, Baldwin Park, California 91706 ("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 19, 2018 to October 21, 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 One -Thousand Three -Hundred and Forty -Two Dollars and Eighty Cents ($1,342.80) 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 OR ❑ $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 CHRISTINA CALDERON Community Resources Manager Rei iecQor over ;00O CHRIS ESCOBEDO Community Resources Director APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California LH PRODUCTIONS :.. ,J A a 0 LA AYETTE HIGHT OWNER ATTEST: MONIKA RADE /A,Ci�y erk City of La Quinta, Ca ' rnia 2 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 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. A-1 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, EXHIBIT "B" SCOPE AND SCHEDULE OF SERVICES Vendor shall install, operate, and remove audio visual equipment for the City's National Fitness Campaign event scheduled on Saturday, October 20, 2018 from 9:00 a.m. to 10:00 a.m. at La Quinta Park. Location of installment: 78468 Westward Ho Dr., La Quinta, CA 92253. Installation may begin at 6:00 a.m. on Saturday, October 20, 2018. Please view the attached quote number 180912A. s-1 LH PRODUCTIONS Audio, Video, Lighting, Staging www . L H -PRODUCTIONS. C om infoL LH-PRODUCTIONS.com P: 877.621.6845 • F:626.303.0407 PREPARED Jaime Torres FOR: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Phone: 760-777-7014 Fax: Email: itorres@ia-quinta.org QTY EQUIPMENT DESCRIPTION PA SYSTEM FOR 1.500 4 Mackie SRM450 PA System Loudspeaker 4 Ultimate TS-88B Tripod Speaker Stand 1 Behringer 8-Channel Analog Mixing Console 1 QSCRMS4050HD, 4,000-Watt Audio Amplifier (Stage Monitors) 2 Sennheiser e835 Wired Microphone with Stand 2 UHF Wireless Microphone 1 Laptop Audio Patch MISC 1 Honeywell, 7,500-Watt Gasoline Generator, Single -Phase I Unleaded Fuel I QUOTE # 180912A Prepared by Lafayette C. Hight Jr. on September 12, 2018 SHOW NAME: National Fitness Campaign Location: La Quinta Park 78468 Westward Ho Dr. La Quinta, Calif. Date(s): Saturday, October 20, 2018 Onsite Contact: Delivery Time: TBD Ready to go: TBD Pickup Time: TBD STAGE 2 4' x 8' Stage Pieces, Black, Plywood Top (Final Size = 18' x 61) 8 Stage Legs, 24" Height 1 Lot Plywood Grass Pads 1 Block Step Unit UNIT PRICE DAYS $50.00 $8.00 $75.00 $50.00 $10.00 $75.00 $5.00 $200.00 $20.00 $65.00 $0.00 $0.00 $20.00 1 1 1 1 1 I DISCOUNT LINE TOTAL $ 0.00 $ 200.00 $ 32.00 $ 75.00 $ 50.00 $ 20.00 ($50.00) $ 100.00 $ 5.00 $ 0.00 $ 0.00 ($100.00) $ 100.00 ($0.00) $ 20.00 $ 0.00 $ 0.00 $ 130.00 $ 0.00 $ 0.00 ($0.00) $ 20.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 QTY i1 a $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 TOTAL DISCOUNT ($ 150.00) EQUIPMENT SUBTOTAL $752.00 SALES TAX (LA QUINTA - 8.75%) $65.80 DELIVERY / PICKUP $100.00 PERSONNEL DESCRIPTION 10-HOUR RATE OT HOURS DT HOURS DAYS LINE TOTAL Audio Engineer $400.00 1 $ 400.00 Audio Assist $250.00 .5 $ 125.00 $ 0.00 $ 0.00 $ 0.00 LABOR SUBTOTAL $525.00 GRAND TOTAL $1,342.80 This quote is a good faith estimate is based upon the available information provided about the event, estimated labor and/or equipment at the present time. Client's final bill will reflect actual time worked. When applicable, a day rate is based on a ten- hour workday. If technicians work more than ten hours, the additional time will be billed at 1.5 times the contracted rate of labor. More than 14 hours of work will be billed at 2 times the contracted rate of labor. To begin a new day rate, technicians must have at least an eight -hour break between call times. This estimate is good for 14 days from the date it was generated. Please call LH Productions with your questions at (877) 621- 6845. To confirm this order, please sign and fax to LH Productions at (626) 303-0407. By signing, you are confirming this order and accepting the conditions put forth on this page and on the rental agreement. For events at applicable venues, client is responsible for storage, union labor, electrical, and convention fees, if any. Signed: Date: Print Name: LH PRODUCTIONS Main Office: 1453 Virginia Ave., Suite E • Baldwin Park, Calif. 91706 Mailing Address: PO Box 70485 ■ Pasadena, Calif. 91117 EXHIBIT "C" COMPENSATION FOR SERVICES One -Thousand Three -Hundred and Forty -Two Dollars and Eighty Cents ($1,342.80) upon the successful completion of services at the National Fitness Campaign on Saturday, October 20, 2018. Please see the attached invoice in Schedule B as reference. B-1