2020-21 Old Town La Quinta - Art SponsorshipMEMORANDUM
DATE:
TO:
FROM:
RE:
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
___ Approved by City Council on ___________________________________________
___ City Manager’s signing authority provided under the City’s Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
___ Department Director’s or Manager’s signing authority provided under the City’s
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ Sole Source ___ Select Source ___ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
___ Agreement payment will be charged to Account No.: _____________________
___ Agreement term: Start Date ________________ End Date ________________
___ Amount of Agreement, Amendment, Change Order, etc.: $____________________
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
___ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: ______________________________ Date: _______________
___ Bonds (originals)as required by the Agreement (Performance, Payment, etc.)
___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
___ Business License No. __________________; Expires: __________________
___ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
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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.COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall
be deemed to be an original, and such counterparts shall constitute one and the same
instrument.
8. 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
Primary and Non-Contributory Endorsement
Umbrella/Excess Liability:
Errors and Omissions liability insurance with a limit of not less than
$1,000,000 per claim
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
A-1
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.
In explanation of the forgoing and not by way of
limitation, Vendor shall comply with any
Federal, State, and local laws, regulations,
orders, and guidelines related to the work
provided by the Vendor during the COVID-19
state of emergency declared by the Governor of
California and City of La Quinta. Such Federal,
State, and local laws, regulations, orders, and
guidelines include but are not limited to:
Executive Orders from the Governor of
California and orders and guidance issued from
the California Department of Public Health
(DPH); Orders from the Riverside County Public
Health Officer; and Emergency Resolutions and
Executive Orders from the City Council and City
Manager, respectively, for the City of La Quinta.
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.
4.1 Pass Through Clause. Vendor agrees to
ensure that its sub-consultants, sub-
contractors, and any other party involved with
the project who is brought onto or involved in
the project by Vendor, provide the same
minimum insurance coverage and
endorsements required of Vendor. Vendor
agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that
such coverage is provided in conformity with the
requirements of this section. Vendor agrees that
upon request, all agreements with consultants,
subcontractors, and others engaged in the
project will be submitted to Agency for review.
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,
(including liability related to exposure to
communicable diseases, illnesses, or viruses),
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
A-2
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, 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
CITY DUTIES
1) City agrees to pay the sponsorship fees for the promotion of the following Art on
Main (AOM) events being held at Old Town La Quinta during the 2020-21 season
(Attachment 1).
2) To allow for overflow parking during said events, City agrees to allow access to
the two unpaved City owed lots located on Main Street (Attachment 2).
VENDOR DUTIES
1) Vendor agrees to secure media buys for all events as outlined on Request for
Sponsorship (Attachment 1).
2) Vendor agrees to provide evidence of paid invoices and submit them to the City
within 30 days of completion of the work, attention Community Resources
Department.
To: The City of La Quinta: Mayor Linda Evans; Mayor Pro Tem, John Pena
City Council Members: Kathleen Fitzpatrick, Steve Sanchez, Robert Radi
City Manager: Jon McMillen
Cc: Chris Escobedo, Marcie Graham
From: Shelley Glickstein, Director, Art on Main Street
Re: Art on Main Street 2020-21
Date: March 9, 2020
Request for Sponsorship
Summary: Old Town La Quinta is looking forward to producing its 5th season of Art on Main Street
(AOMS) in 2020-21. This series of 8 Saturday art events is produced by Shelley Glickstein. The shows
remain a community favorite and highlight of the desert season attracting up to 2000 residents
and visitors per show to La Quinta’s Main Street. Admission and parking are free.
AOMS continues to be a natural extension of Old Town’s role in La Quinta as a timeless
architectural landmark and gathering place. La Quinta’s Main Street stands as an enduring
location for the arts in La Quinta and is central to La Quinta’s identity as a walkable village and as
an aesthetically-inspired culture and arts destination.
Benefits of Sponsorship:
x The City’s Premier Sponsorship is featured each season in approximately 1.5 million images
on CBS, in The Desert Sun, The Gem, Desert Entertainer, Canada South, OTLQ social media,
CoachellaValley.com, and Locale Magazine social media and e-blasts.
x An estimated 15,000-20,000 AOMS guests per season visiting La Quinta’s Main Street and
supporting local artists and businesses
x It is the only major show in Coachella Valley dedicated primarily to local artists reportedly
generating 30 to 60% of their income.
x Sponsorship exposure and community benefits have the unique advantage (compared
to other art shows) of running throughout the season in La Quinta.
x Good will and community-building established through guest event participation and
community partnerships with the City of La Quinta, La Quinta Historical Society, La Quinta
Museum and cross promotion of events with the Chamber and La Quinta Arts Celebration.
x Generates business license and sales tax revenue for the City.
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Art on Main Street page 2
Proposed 2020-21 AOMS Event Dates: 8 Saturdays, 10 a.m. to 4 p.m.
2020: November 7, November 28
2021: January 9 & 23, February 13, February 27, March 13, March 27*
*Final confirmation of dates depends on making sure that there are no conflicts with Southwest
and Indian Wells art shows when those dates are available or other City concerns.
Request for Sponsorship:
2020-21 Requested City Sponsorship: $20,000 ($2500 per show)
2020-21 OTLQ Estimated Direct Ad/Marketing Expenses: $12,500*
2020-21 Estimated Overall Expense per Show: $12, 500 to $15,000
(Variance based on possible show cancellations/reschedules & cost of supplies)
*Photography, TV commercial production, printing of 15,000 rack cards, posters, signage, graphic design for ad
campaigns and collateral materials, 6-month media buys in publications and/or social media, digital newsletter inclusion
and press editorials. Does not include operational or administrative expenses. Venue is donated by OTLQ.
Sustainability & Sponsorship:
The City of La Quinta’s ongoing sponsorship remains critical to the financial sustainability and
enhanced community spirit of the art shows. The current 2019-20 AOMS season’s revenue is level
with previous show years and remains sustainable to-date.
With 8, 6-hour shows or 48 hours per season to generate enough income to sustain AOMS, we are
always operating on an efficient and narrow margin.
We were able to start a small reserve fund for the show in the 2018-19 season which was not
possible the first year and hope to continue that pending the results of this season’s shows. If
possible, there is also the intention to modestly increase our donations to our non-profit partner,
the Historical Society (to $2000 plus gift certificates).
Thank you for your consideration of support for the 2020-21 season.
Contact: Shelley Glickstein: shelleyglickstein@ymail.com or 310-986-5444
ADDENDUM
ART ON MAIN STREET 2020-21 RQF
Based on COVID-19 guidelines and planning time frames, the schedule for Art on Main Street
shows for the 2020-21 season has been modified. These revisions were made working with the
City of La Quinta and with the County of Riverside’s approval. Art on Main Street shows normally
occur on 8 Saturdays between November & April.
Revisions:
2020-21 Season: A Retail Gallery, Season Preview Show & 5 Full Shows
NEW - Art on Main Street Gallery – November 1- March 31
This 1000 square foot retail gallery is a pop-up store for season to help support local artists. It was
conceived as a back-up plan should there be closures or event restrictions. Old Town is not
charging any rent. Artists may work at the gallery to sell their art and pay their usual 20%
commission only to help cover operating and advertising costs. It will be open Thursday through
Sunday & by appointment and may expand hours based on artists’ interest.
2020-21 AOMS Event Dates: 6 Saturdays, 10 a.m. to 4 p.m.
2020: November 28 – this smaller “Season Preview” show will have only 12-14 artists outdoors
on the lawn plus the retail gallery.
2021: January 9, February 6, February 20, March 13, March 27 are planned as ‘regular shows’.
COVID-19 Protocol & Expenses:
The season is expected to incur extra expense for the Gallery, COVID-19 expenses including
additional security, signage and sanitation supplies. There is also booth reduction for increased
social distancing and to accommodate expanded outdoor dining space on Linden Plaza.
COVID-19 protocol is detailed in the proposal that was submitted to the City of La Quinta and
Riverside County.
Budget:
A revised media plan/budget is attached that shows a reduction from $20,000 to $17,500 to reflect
the City’s adjustment in funding this season. It itemizes how funds will be spent.
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C-1
EXHIBIT “C”
COMPENSATION FOR SERVICES
Compensation for promotional sponsorship of the Old Town La Quinta 2020-21
season of AOM is not to exceed Seventeen Thousand Five Hundred Dollars ($17,500)
as outlined on the AOMS PROPOSED MEDIA BUY 2020-21 (Attachment 3).
Payments are to be made in two installments:
1) $8,750 Upon execution of agreement, and
2) the balance in March 2021.
If any of the scheduled events are cancelled, the second installment shall not exceed
Eight Thousand Seven Hundred Fifty Dollars ($8,750) or the media buys paid for AOM
events held, whichever is lesser.
Vendor is responsible for any amounts in excess of the sponsorship amount as
outlined in this exhibit.
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