2021-22 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)
08/03/2021
Jon McMillen, City Manager
Chris Escobedo, Community Resources Director
Short-form agreement with Old Town La Quinta for the promotion of Art on MainStreet
(AOMS) events scheduled for 2021-22 season.
✔
✔
✔101-3003-60149
✔July 1, 2021 06/30/2022
✔20,000
✔
MR - on file in LF; exp: 11/19/21
✔LIC-0004418 7/31/2022
✔
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 28th day of October,
2021, (“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 July 1, 2021 to June 30, 2022, unless
earlier terminated as set forth in the attached Terms and Conditions.
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 Twenty Thousand Dollars ($20,000) 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
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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 2021-22 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, Robert Radi
City Council Members: Kathleen Fitzpatrick, Steve Sanchez, John Pena
City Manager: Jon McMillen
Cc: Chris Escobedo, Marcie Graham
From: Shelley Glickstein, Director, Art on Main Street
Re: Art on Main Street 2021-22
Date: March 25, 2021
Request for Sponsorship
Summary: Old Town La Quinta is looking forward to returning to a full season of Art on Main Street
(AOMS) in 2021-22. 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 1500 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:
•The City’s Premier Sponsorship is featured each season in approximately 1.5 million images
on CBS, NBC, in The Desert Sun, The Gem, Canada South, OTLQ social media,
CoachellaValley.com, Locale Magazine social media and e-blasts, and OTLQ social
media and newsletters.
•An estimated 12,000-15,000 AOMS guests per season visiting La Quinta’s Main Street and
supporting local artists and businesses
•It is the only major show in Coachella Valley dedicated primarily to local artists reportedly
generating 30 to 60% of their income.
•Sponsorship exposure and community benefits have the unique advantage (compared
to other art shows) of running throughout the season in La Quinta.
•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 Art Celebration.
•Generates business license and sales tax revenue for the City.
Art on Main Street page 2
Proposed 2021-22 AOMS Event Dates: 8 Saturdays, 10 a.m. to 4 p.m.
2021: November 27, December 11
2022: January 8 & 22, February 5, February 19, March 12, March 26*
*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. We are starting
the season in late November due to the La Quinta Art Celebration taking place over Veteran’s
Day weekend this year.
Request for Sponsorship:
2021-22 Requested City Sponsorship: $20,000 ($2500 per show)
2021-22 OTLQ Estimated Direct Ad/Marketing Expenses: $12,500*
2021-22 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 2020-21 AOMS season was made possible by
collaborative sponsorships between The City of La Quinta and OTLQ. The City’s $17,500
sponsorship during the pandemic and OTLQ’s contribution of free rental space for the Art on Main
Street Gallery plus its management and the producti on of three art shows allowed over 40 artists
to generate income throughout a difficult season. Artists, OTLQ business owners and the larger
community are very grateful for this support.
With 8, 6-hour shows or 48 hours per season to generate enough income to sustain AOMS, we
continue to operate on an efficient and narrow margin.
There is also the intention to increase our donations to our non-profit partner, the La Quinta
Historical Society in 2021 and we will sustain a contribution for 2020-21.
Thank you for your consideration of support for the 2021-22 season.
Contact: Shelley Glickstein: shelleyglickstein@ymail.com or 310-986-5444
ATTACHMENT 1
ATTACHMENT 2
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 Twenty Thousand Dollars ($20,000) as outlined on
the AOMS PROPOSED MEDIA BUY 2021-22 (Attachment 3).
Payments are to be made in two installments:
1)$10,000 Upon execution of agreement, and
2)the balance in January 2022.
If any of the scheduled events are cancelled, the second installment shall not exceed
Ten Thousand Dollars ($10,000) 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.
AOMS PROPOSED MEDIA BUY 2021-22
Media Nov. Dec. Jan.February March Totals
Des Sun 1175 1175 2350 2350 2350 9400
CBS-TV 1500 1500 2000 2000 2000 9,000
NBC-TV 1000 1000 2000
Total 20,400
NOTES:Media prices are subject to change as contracts are still pending
Timing or months when charges appear may shift based on final confirmed show dates.
ATTACHMENT 3