2021-22 Box of Kittens - Video Production ServicesMEMORANDUM
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)
November 30, 2021
Jon McMillen, City Manager
Marcie Graham, Marketing Manager
Agreement with Box of Kittens for FY2021/22 re: Video Production
✔
✔
✔101-3007-60461
✔12/1/2021 06/30/2022
✔$15,000
✔
✔LIC-769779 12/1/2022
✔
Monika Radeva (missing GL Add Ins Endors) 12/14/2021
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CITY OF LA QUINTA
SHORT-FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 1 day of December,
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 78495 Calle Tampico, La Quinta, CA (“City”) and Box of Kittens,
a California Limited Liability Corporation with its principal place of business at 30 Clancy Lane
Estates, Rancho Mirage, CA 92270 (“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 December 1, 2021 to June 30, 2022,
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 Fifteen Thousand Dollars ($15,000) 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
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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
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
Workers’ Compensation Declaration of Sole Proprietor if applicable
Professional Liability (Errors and Omissions):
Errors and Omissions liability insurance with a limit of not less than
$1,000,000
per claim
A-1
EXHIBIT “A”
TERMS AND CONDITIONS
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.
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 relating 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.
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.
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 8 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 8 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.
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
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
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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.
Objective Box of Kittens will work with the City of La Quinta to produce (1) 2:30-3:00 Economic Development video. The segment will include business analytics in a graphical format, business and staff testimonials, and take a look forward at the future of business in La Quinta. The video will be prepared for the 2022 State of the City address and production team will work in accordance with the deliverable timeline determined by the marketing team.November 5, 2021(;+,%,7³%´6&23($1'6&+('8/(2)6(59,&(6
Included with ProductionExecutive producingShoot and interview set-upScript writing Cameras and necessary equipment=b`bmZeÛef\Zf^kZ%]khg^%@hIkh%eb`ambg`%m^e^ikhfim^kMusic licenseColor balanceSound design@kZiab\lmZg]Zk]@kZiab\lfhmbhgLmbeeIahmhl!,)"Edits (3 notes passes)4 talent with full usage buyoutHair + makeup + clothing <hfie^m^]l^`f^gm]^ebo^k^]obZ]b`bmZeÛe^lAll b-roll delivered via hard drive Iahmhlhk`Zgbs^]Zg]laZk^]obZ=khi[hqPreproduction $3,000Ikh]n\mbhgf^^mbg`l(\Zeelwith marketing teamScript writing and approvalsLocation selection + set-upLocation scoutTalent selection and approvalsInterviewee scheduling Talent schedulingProduction $4,000(2-4) shoot days depending on availability of interviewees Ikh]n\mbhg\k^p(may include, videographer, photographer, producer, grip) Direction for talent + scene stagingfor stills All necessary equipment including teleprompter if neededTalent and associated costs $4,000Talent fees for full buyoutHair and MakeupWardrobePostproduction $4,000 Multi-day edit including 3 notes passesMusic LicenseColor BalanceSound Design@kZiab\LmZg]Zk]@kZiab\lFhmbhgIahmh^]bmbg`!,)lmbeel"File prep File delivery + hard driveBudget: $15,000Cost BreakdownNovember 5, 2021(;+,%,7³%´6&23($1'6&+('8/(2)6(59,&(6
C-1
EXHIBIT “C”
COMPENSATION FOR SERVICES
SEE EXHIBIT B