2023-26 So Cal Lighting Pros (Magical Holiday Designs) - Holiday Tree Installation/RemovalMEMORANDUM ta Qa�&a
DATE: August 31, 2023 - - _ _ _
TO: Christina Calderon, Community Services Deputy Director
FROM: Erika Arvizu, Administrative Technician
RE: So Cal Lighting Pros. - Holiday tree storage, installation,and removal services
2023-2026
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
F-1_ 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.
Procurement Method (one must apply):
❑_ Bid F-1. RFP F-1 RFQ E_ 3 written informal bids
QSole Source 0 Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
�✓ _ Agreement payment will be charged to Account No.: 101-3003-60149
❑✓J Agreement term: Start Date November 2023 End Date January 2026
Fv L Amount of Agreement, Amendment, Change Order, etc.: $107747.15
REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
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Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Registration in process myC01 (LM) Date: 8/31 /2023
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)
MM
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 25 day of May, 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 So Cal Lighting Pros.,
a California Limited Liability Corporation with its principal place of business at PO Box 850
Grass Valley, CA 95945 ("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
1%B "
4. TERM. The term of this Agreement shall be from November 16, 2023 to January 15,
2026, 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 Ten Thousand Seven Hundred Forty -Seven Dollars and
Fifteen Cents ($10,747.15) for the life of the agreement, 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. 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
® 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
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
i
, n -
CHRISTINA CALDERON
Community Services Deputy
Director
Required for over $5,000:
ATTEST:
V 9/6/2023
i
MONIKA RADEVA' City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
TRAVIS VAN LIGTEN, Acting City Attorney
City of La Quinta, California
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So Cal Lighting Pros.
a California Limited Liability Corporation
Rahn Sidebotham
Operations Manager
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.
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 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
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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, 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.
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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
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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
Vendor shall store, install, and remove outdoor holiday tree for the City for the
2023, 2424, and 2025 holiday season. In addition to storage and installation, the
vendor is also responsible for replacing all damaged LED and incandescent lamps
and lamp strands at the rates described in Exhibit "C."
Installation shall begin no earlier than November 21 and must be completed no
later than November 29 of each contract year. Removal shall start no earlier than
December 26 and completed no later than January 14 of each contract year.
Location of installation: 78-495 Calle Tampico, La Quinta, CA 92253.
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EXHIBIT "C"
COMPENSATION FOR SERVICES
Work for services to be billed on a time and materials basis unless otherwise set forth
below. Compensation for services described in Exhibit "B" shall be as follows:
2023: $3,185.85
2024: $3,281.43
2025: $3,379.87
5011/o of the yearly fee as listed above due November 23rd of contract year
50% due after removal of tree of contract year
In addition to services mentioned above, the Vendor will replace all burned out lamps
at the following rates:
$0.75 per incandescence lamps
$1.75 for LED lamps
$13.00 for each incandescent mini light strands
$30.00 for each LED light strand
The City has allotted a lamp replacement allowance of Seven Hundred Dollars
($700) per contract year. Lamp replacement costs and service fees described in
Exhibit "B" are not to exceed Ten Thousand Seven Hundred Forty -Seven Dollars
and Fifteen Cents ($10,747.15) for all three contract years.
Vendor shall include, if any, itemized lamp replacements on the second installment
invoice.
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