2024-25 Old Town Artisan Studio - Community Art Programs & Art Therapy SponsorshipMEMORANDUM
DATE: April 22, 2024
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TO: Jon McMillen, City Manager
FROM: Michael Calderon, Management Analyst
RE: Short Form Services Agreement for $25,000 with Old Town Artisan Studios for art
program sponsorships.
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
✓Q City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
F-1_ 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):
.a Bid _❑ RFP 0_ RFQ _❑. 3 written informal bids
✓Q Sole Source Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as anurouriate:
aAgreement payment will be charged to Account No.: 101-3003-60149
F✓1 Agreement term: Start Date 7/1/2024 _ End Date 6/30/25
. ✓Q 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!
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NOTE:
a
.a
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Compliant myC01 (LM) Date: 4/22/2024
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: 4/30/2025
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
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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 22nd day of April, 2024, ("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 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 July 1, 2024 to June 30, 2025, 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 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:
® 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
JO cMILLEN
City Manager
ATTEST:
MONIKA RAD A, Ci Clerk
City of La Quin a, Califomia
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
3
OLD TOWN ARTISAN STUDIOS
KATIE TH RTON
Director of IDevelopment & Donor Relations
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 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
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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 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
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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
Old Town Artisan Studios (OTAS) will offer programs/services described in the submitted
proposal (Attachment 1) including general art programs, open studio tours, programs for
aspiring artists, and adaptive art programs. Additionally, OTAS will provide 1,000 holiday
themed Art2gokits to be distributed at the City's Tree Lighting and/or Easter Egg Hunt events.
As
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 described in Attachment 1. The sponsorship is to be broken down as
follows:
• General Art Programs - $5,000
• La Quinta Artists Open Studio Tours - $2,000
• Aspiring Artists Program - $5,000
• Adaptive Arts Programs - $8,000
• Gingerbread Lane, LQ Tree Lighting, Easter Egg Hunt Event - $5,000
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 (OTAS). We would like to continue with our current funding program, through
which the city provides $25,000 and OTAS matches with another $25,000. With a total budget of
$50,000, we will build a multilevel program that will serve our community throughout the
2024/2025 fiscal year.
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, 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.
LA QUINTA ARTISTS OPEN STUDIO TOURS - $2,000
OTAS seeks to promote lifelong learning through the healing power of art, that includes
supporting local artists and connecting them with community members to share their work,
experiences, and knowledge.
In October of 2023, the La Quinta Historical Society approached OTAS about becoming the new
organizer of the annual La Quinta Artists Open Studio Tours. Having hosted this event for the
past several years as a volunteer -run organization, they were no longer able to keep up and felt
that OTAS would be the perfect organization to take on the program. We considered hosting
our first time in the 2024/2025 season to allow for planning time, but there was so much interest
from La Quinta artists for the event to be held this season. We gave it our best shot and
successfully hosted the tours in March of 2024.
On March 15th and 16th, artists' private studios throughout La Quinta were open for tours from
11:00 am to 4:00 pm. For a $10 donation, guests received a wristband for entrance and a
OLD TOWN ARTISAN STUDIOS
78046 Calle Barcelona, La Quinta CA 92253 • 760.777.1444
printed map with artist bios and studio locations. Across those two days, 120 people purchased
wristbands (new and returning visitors) and toured the studios of 19 participating artists. While
some of these artists participate in the larger Desert Open Studio Tours, they have expressed
frustration as most visitors travel to areas with higher concentrations of artists (primarily the east
valley) due to limited time. By dedicating a weekend to La Quinta artists, the experience is far
richer for both the artists and visitors.
The La Quinta Artists Open Studio Tours are vital for fostering creativity, promoting local artists,
and enriching our city's artistic landscape. OTAS would like to use funds from this grant for
promotional material costs to continue this event next year. Investing in the Studio Tours not
only preserves La Quinta's artistic legacy but also strengthens our community's identity and
sense of pride. By prioritizing funding for this important cultural tradition, we demonstrate our
commitment to supporting the arts and ensuring a vibrant cultural scene in La Quinta.
ASPIRING ARTISTS - $5,000
Aspiring Artists is a brand new and exciting opportunity for high -school -age students to cultivate
their visual art skills and engage in a collaborative group exhibition with their peers. This unique
program aims to empower their passion for the arts by offering professional insights into visual
art higher education and professional experiences. The Aspiring Artists program equips its
participants with the knowledge and skills necessary to pursue a career and education in the
fine arts through workshops, one-on-one coaching, and a group exhibition.
This program holds immense significance for the educational development of high school
students in the Coachella Valley. While this program was open to students from all three local
school districts, we are proud to note that 5 out of the 6 participants in our inaugural year hail
from La Quinta High School, underlining the program's direct impact on local youth.
The Aspiring Artists program is more than just a creative outlet; it is a catalyst for educational
enrichment. Your support for this program is not merely an investment in a singular initiative but
a commitment to the holistic education and growth of our community's youth. With funding, we
can expand program offerings to include enriching field trips to galleries and museums across
the valley, addressing the transportation challenges that often hinder student access to cultural
resources. By supporting Aspiring Artists, the City of La Quinta can make a lasting impact on
student education, creativity, and cultural engagement in our community.
ADAPTIVE ART PROGRAMS - $8,000
We would budget $8,000 from the city grant to continue to provide accessible and adaptable art
experiences for veterans and individuals with disabilities. Old Town Artisan Studios would match
OLD TOWN ARTISAN STUDIOS
78046 Calle Barcelona, La Quinta CA 92253 • 760.777.1444
this program with another $8,000. Our portion will cover instructors' costs, transportation, and
administrative costs.
At present, we offer a 50% discount on all 4-week classes for veterans. Many have inquired
about discounts for immediate family members of those who have served. Extending the
discount to family members will allow for shared experiences and greater support of the family
unit as a whole. If a veteran is hesitant to sign up for a class, they might be inspired if their
loved one is with them.
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. This will also allow us to fulfill additional requests from other
local special needs programs.
GINGERBREAD LANE, LQ TREE LIGHTING, LQ EGGSTRAVAGANZA EVENT — $5,000
Gingerbread Lane will be back in full force for 2024. 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 allow 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 of La Quinta 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.
Warm Regards,
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