2020 SCOPE Events - Paul Anderson Amendment 1 LQ Arts Celebration 2021Revised May 2017
M E M O R A N D U M
TO: Jon McMillen, City Manager
FROM: Chris Escobedo, Community Resources Director
DATE: June 16, 2020
RE: Amendment No. 1 to the Agreement with SCOPE Events, LLC.
Attached for your signature is Amendment No. 1 with SCOPE Events, LLC. to provide
services related to promoting the La Quinta Art Celebration event occurring March 4
through 7, 2021 at the La Quinta Civic Center Campus.
Please sign the attached agreement and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as
appropriate:
N/A Contract payments will be charged to account number: Services in-kind
_X_ Agreement value for in-kind services (TUP deposit, trash services, advertisement): $65,000
___ A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is
attached with
_____ no reportable interests in LQ or ____ reportable interests
___ 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:
_X_ Approved by the City Council on June 16, 2020
N/A City Manager’s signature authority provided under Resolution No. 2019-021 for budgeted
expenditures of $50,000 or less. This expenditure is $___________ and authorized by
Director
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-768328, exp. 10/31/2020
N/A A requisition for a Purchase Order has been prepared (amounts over $5,000)
N/A A copy of this Cover Memo has been emailed to Finance
Rev. 7/28/2017
AMENDMENT NO. 1 TO AGREEMENT
WITH SCOPE EVENTS LLC
This Amendment No. 1 to Professional Services Agreement
(“Agreement”) is made and entered into as of the 16th day of June
2020 ("Effective Date") by and between the CITY OF LA QUINTA
("City"), a California municipal corporation and SCOPE EVENTS, a
California Limited Liability Company (“Contracting Party”).
RECITALS
WHEREAS, on August 6, 2019, the City Council approved an Agreement
for Contract Services (Agreement) with Paul Anderson to provide services
related to the organization and holding of an art event; and
WHEREAS, on or about October 29, 2019, the City and Contracting Party
entered into a one-year Agreement to provide services related to the
organization and holding of art event on March 5-8, 2020; and,
WHEREAS, Section 3.4 Term provides that the Agreement will expire
on August 6, 2020 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 August 6, 2020
and terminate on August 6, 2021 (“Extended Term”); and
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.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
August 6, 2020, and terminate on August 6, 2021 (“Extended Term”).
This Agreement may be extended for an additional 1-year term upon
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mutual agreement by both parties and pursuant to the Standards of
Performance in Exhibit “A”.
2.Exhibit A is amended to read as follows:
1. 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 occur between March 4
through 7, 2021, and the hours of operation for the event will be 10
a.m. until 7 p.m. for March 4 and 10 a.m. until 5 p.m. each day from
March 5-7, 2020.
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. 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.
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 between March 4 through 7, 2021, 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: February 27 through March 9, 2021 (the
“Use Period”)
Parking: Non-exclusive use for attendees during event hours
During the Use Period, Contracting Party may use the City
Properties for organizing, setting up, breaking down, and holding the
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event on March 4 through 7, 2021. 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 on March 4 through
7, 2021, 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 between March 4
through 7, 2021, 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
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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.
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The City and Contracting Party shall cooperate in partnership with
La Quinta Art Celebration 2021 to occur between March 4 through 7,
2021.
2. Additional Terms Relating to the Scope of Services and City Rights:
• Use of Civic Center Campus for March 4-7, 2021 will be at no cost
to Contracting Party;
• Use of City Parking and Loading Areas around the Civic Center
Campus for March 4-7, 2021 will be at no cost to Contracting Party;
• Use of City Hall parking lots for March 4-7, 2021 event will be at
no cost to producer;
• The Proposed 1-year Extended Term, and City’s decision whether
to extend the term, shall be based on the City’s sole and absolute
discretion, but will take into account Contracting Party’s performance
for the event on March 4-7, 2021;
• City to waive or reduce the $25,000 Temporary Use Permit
deposit, 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 4-7, 2021 event;
• In exchange for Contracting Party’s top level sponsorship for the
event on March 4-7, 2021, City will provide the following:
Underwrite the cost of trash services, up to $5,000, for the March
4-7 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 March
4-7, 2021 event;
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.
In all other respects, the original Agreement shall remain in effect.
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