2023-24 Old Town Artisan Studio - Community Art Programs & Art Therapy SponsorshipMEMORANDUM
DATE: November 8, 2023
TO: Jon McMillen, City Manager
FROM: Michael Calderon, Community Services Analyst
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RE: Old Town Artisan Studios - Art Program Sponsorship Short Form Services Agreement
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.
Procurement Method (one must apply):
❑_ Bid F-1. RFP F-1 RFQ E_ 3 written informal bids
❑✓ _ Sole Source 1:1 Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
F✓ _ Agreement payment will be charged to Account No.: 101-3003-60149
❑✓J Agreement term: Start Date 11/6/23 End Date 6/30/23
1r L Amount of Agreement, Amendment, Change Order, etc.: $ 25,000
REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
0 Insurance certificates as required by the Agreement for Risk Manager approval
NOTE;
LJ_
Approved by: _Compliant myCOI (LM) Date: 11 8 2023
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form
required pursuant FPPC regulation 18701(2)
Business License No. LIC-0105819 Expires: 4/30/2024
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
GEM cv_f'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 2nd day of October,
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 Old Town Artisan Studios,
a California Nonprofit Corporation (OTAS) with its principal place of business at 78046 Calle
Barcelona, La Quinta, California, 92253 ("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 November 6, 2023, to June 30, 2024,
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 Twenty Five Thousand Dollars ($25,000) 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
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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
❑ Auto Liability Additional Insured
Workers' Compensation:
Z 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
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
ATTEST: r
1
MONIKA RADI VA, Cit Jerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIA—M H. IHRKE, City Attorney
City of La Quinta, California
3
OLD TOWN LA QUINTA
a California Nonprofit Corporation
KATIE T ORNTON
Director f Development & Donor
Relation
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. Vendorshall
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 COVID-19 or any other
public health response to disease, epidemic, or
pandemic for the work provided by the Vendor.
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
(CDPH), California Occupational Safety and
Health (Cal/OSHA), 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
P�i1
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
court situated in the County of Riverside, State of
California.
7. Termination. The City may terminate the
services procured underthis 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
A-2
other than the City and the Vendor. The
u n enforceability, 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
OTAS will offer the programslservices described in the submitted proposal (Attachment
1) including general art programs, adaptive art programs, and Gingerbread Lane.
Additionally, OTAS will provide 1,0000 holiday themed Art2Go kits to be distributed at
the City's Tree Lighting and Easter Egg events.
M
EXHIBIT "C"
COMPENSATION FOR SERVICES
City agrees to pay funds in the amount of Twenty -Five Thousand Dollars ($25,000) to
assist with the programs/services as described in Attachment 1. The sponsorship is to
be broken down as follows:
• General Art Programs: $5,000
• Adaptive Art Programs: $15,000
• Gingerbread Lane, Tree Lighting, and Easter Egg events: $5,000
Payment will be provided in full after the execution of this agreement.
C-1
ATTACHMENT 1
Christina Calderon
Community Services
CITY OF LA QUINTA
78495 Calle Tampico
La Quinta, CA 92253
Dear Christina,
We are grateful to continue our ongoing partnership with the City of La Quinta and Old Town
Artisan Studios. We would like to continue with our current funding program, through which the
city provides $25,000 and Old Town Artisan Studios matches with another $25,000. With a total
budget of $50,000, we will build a multilevel program that will serve our community in the year
2024.
Old Town Artisan Studios is proud to have expanded offerings for youth at local middle and
elementary schools thanks to the City of La Quinta and the Expanded Learning Opportunities
Program. With the success of our school programs for youth this past year, we feel it is time to
increase and improve our offerings for seniors, veterans, and individuals with disabilities
throughout the community.
GENERAL ART PROGRAMS - $5,000
We will continue to offer La Quinta residents 20% off our on -campus 4-week classes. The
program will be budgeted for a 10-month window or until the funds are used. Proof of residence
will qualify a student of any age for the price reduction. All 4-week classes included, such as
Pottery Wheel, Ceramics, Watercolor, Painting, Fused Glass, Music etc. The "discount' will not
apply to workshops, concerts, retail purchases etc. Rules and regulations are outlined under a
separate form. La Quinta residents have expressed deep gratitude for this discount as it allows
them to continue to engage in the arts and improve their quality of life.
ADAPTIVE ART PROGRAM - $15,000
We would budget $15,000 from the city grant to improve accessibility and adaptability for
veterans, seniors and individuals with disabilities. Old Town Artisan Studios would match this
program with another $15,000. Our portion will cover our instructors' costs, transportation, and
administrative costs.
We were approached by one of our newer students, a local veteran who is in a wheelchair. He
loves the ceramics classes and is interested in learning the pottery wheel. Our instructors
worked with him using our table -top wheels, but they are very old and unstable. Old Town
OLD TOWN ARTISAN STUDIOS
78046 Calle Barcelona, La Quinta CA 92253. 760.777.1444
Artisan Studios would like to purchase an adaptive wheel to allow individuals in wheelchairs to
fully participate and integrate in our Pottery Wheel classes for adults.
Our ongoing classes with La Quinta High Schools' students with special needs continue to bring
a sense of pride and joy to the students. Due to increasing cost of supplies, Old Town Artisan
Studios would like to utilize funding from the City of La Quinta to cover the cost of art supplies in
order to keep this program strong. We have also led classes for special needs students at local
elementary schools who are interested in taking classes more frequently. With support from the
city, we can do exactly that.
GINGERBREAD LANE, LQ TREE LIGHTING, LQ EASTER EGG EVENT — $5,000
Gingerbread Lane will be back in full force for 2023. This event is free and open to the public.
We will use a portion of the funding to help subsidize some of the expenses of this event. For
example, we pay The Culinary Arts Academy at La Quinta High School to make 4,000
gingerbread cookies that we will then serve to our guests for free.
Using $2,500 from the grant will allows us to make the City of La Quinta one of our key
sponsors/partners of this event. By OTAS matching with another $2,500, the city will be
recognized as a sponsor at the $5,000 level. This will get the city logo and brand recognition on
our signage and collateral materials.
We will supply the city 1000 Holiday-themed Art2Go kits. The city can then determine the
number of Art2Go kits distributed at each of the two events. These kits will have a ceramic
cut-out, paint pods and brushes to complete the project.
As always, we love working with the city and welcome any suggestions to improve the programs
that we offer. Thank you for your continued support and commitment to keeping art alive in our
community. I look forward to hearing from you.
Warm Regards,
Katie
Katie Thornton
Director of Development & Donor Relations
Old Town Artisan Studios
OLD TOWN ARTISAN STUDIOS
78046 Calle Barcelona, La Quinta CA 92253. 760.777.1444