2023 Party Pals - City's 41st Birthday CelebrationMEMORANDUM
DATE: March 14,2023
TO: Christina Calderon, Community Resources Manager
FROM: Erika Arvizu, Community Resource Management Assistant
RE: Event Equipment Rentals for City Picnic - Party Pals
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 Policy
[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.
Bid
Sole Source
Procurement Method (one must apply):
RFP ❑ RFQ
U
3 written informal bids
Select Source U Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
101-3003-60149
Agreement payment will be charged to Account No.:
Agreement term: Start Date 4/29/2023 End Date 4/29/2023
Amount of Agreement, Amendment, Change Order, etc.: $7,400.00
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)
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 April 29,2023, ("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 Party Pals, a California Limited Liability Corporation with its principal place of
business at 10427 Roselle Street, San Diego, Ca 92121 ("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 March 06, 2023, to April 29, 2023, unless earlier
terminated as set forth in the attached Terms and Conditions. This Agreement may be extended for two
(2) additional year(s) upon mutual agreement by both parties ("Extended Term") and executed in writing.
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 Seven Thousand Four Hundred Dollars ($7,400.00) 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. 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.
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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
❑ Auto Liability Additional Insured
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
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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
a California Municipal Corporation,
and Charter City
y9L
CF1-RFSTINA CALDERON
Community Resources Manager
ATTEST:
3/15/2023
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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PARTY PALS
RSON
'rector of Revenue Kinetics
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 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
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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
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
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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.
EXHIBIT "B"
SCOPE AND SCHEDULE OF SERVICES
Party Pals will deliver, install, operate, and monitor event equipment for The City's 41st Birthday
Celebration/ City Picnic.
The City's 41st Birthday Celebration/ City Picnic is scheduled on Saturday, April 29th, 2023, from
9:00 AM — 12:00 pm and takes place at Civic Center Park located at 78495 Calle Tampico, La
Quinta, CA 92253.
Party Pals will deliver a 4-in-1 bungee trampoline, rock wall, (2) generators, and A Logger
Mountain Slide. Party Pals will provide a at least one staff member to operate/ monitor each of
the delivered items listed above for the duration of the event, providing guests with guidance and
safe operations. All items will be delivered to Civic Center Park by 5:00 am, completely set up by
8:00 am, and ready for use by 9:00 am. Party Pals will begin removing all items at the end of the
event at 12:00 pm.
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EXHIBIT "C"
COMPENSATION FOR SERVICES
50%, $3,700.00 DUE 20 DAYS PRIOR TO EVENT DATE 4/29/2023
50%, $3,700.00 DUE AFTER SERVICES ARE COMPLETED ON THE DAY OF THE EVENT
4/29/2023.
TOTAL AMOUNT FOR THE CITY'S 41ST BIRTHDAY CELEBRATION/ CITY PICNIC: $7,400.00
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