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MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Christopher Escobedo, Community Resources Director
DATE: May 29, 2018
RE: Cathy De Faria, Reiki (Holistic Leisure), #REIKI2017, Volunteer
Attached for your signature is an agreement with Volunteer Coordinator Cathy De Faria for
(Reiki-no touch therapy) lecture and class(s).
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Reauestina department shall check and attach the items below as aDDronriate:
N/A Contract payments will be charged to account number: 101-0000-42214
N/A Amount of Agreement, Amendment, Change Order, etc.: No fees paid to volunteer
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or _ reportable interests
N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authoritv to execute this aareement is based upon:
X Approved by the City Council on April 18.2017
N/A City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less. This expenditure is $" and authorized by contract approved by
N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following reauired documents are attached to the aareement:
N/A Insurance certificates as required by the agreement (approved by Risk Manager on )
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number LICENSE — NO FEES PAID TO INSTRUCTOR
N/A A requisition for a Purchase Order has been prepared (amounts over $5,000)
-N/A A copy of this Cover Memo has been emailed to Finance (Sandra)
Revised May 2017
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City of La Quinto
Community Resources Department
Contract # REIKI2018
VOLUNTEER COORDINATOR AGREEMENT
This VOLUNTEER COORDINATOR AGREEMENT ("AGREEMENT") is hereby formed
on July 1, 2017 through June 30, 2018, between the CITY OF LA QUINTA,
COMMUNITY RESOURCES DEPARTMENT ("CITY") and, a person or business engaged in
offering services ("VOLUNTEER") for Provision of Services to the City.
CITY AND VOLUNTEER MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF WORK. The scope of work is described as: REIKI CLASSES &
LECTURES (NO TOUCH THERAPY) held at a City of La Quinta facility. The scope of work
includes all goods and actions necessary to complete the task VOLUNTEER has been
hired to perform, whether specifically included in the scope of work or not. Specific
dates and times for contracted work will be requested by letter to VOLUNTEER from
CITY on a bi-annual basis. Work proposals, once approved by CITY will be attached as
exhibits to this AGREEMENT.
2. COMPENSATION. VOLUNTEER shall not be paid for services performed
under this AGREEMENT. VOLUNTEER shall perform SCOPE OF WORK strictly as a
VOLUNTEER and shall not request or require any form of monetary compensation
from CITY or any participant of the program.)
3. VOLUNTEER COORDINATOR. This Agreement calls for the performance
of the services of VOLUNTEER and not as an employee of CITY.
4. CANCELLATIONS/CHANGES.
CITY RESPONSIBILITY. CITY will contact VOLUNTEER and all program
participants if CITY cancels or changes a program from original approved
schedule based on zero enrollments, minimum student requirement not
met, and if use of facility becomes unavailable. CITY reserves the right to
change original approved schedule of program if the facility becomes
unavailable. CITY will attempt to re -locate said program to another
suitable facility if one is available. If there are no available facilities, CITY
will cancel said program and coordinate with VOLUNTEER to schedule a
make-up date.
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VOLUNTEER RESPONSIBILITY. VOLUNTEER will contact CITY as defined
in the NOTICE section in advance to notify of any cancellations or
changes from original approved schedule if said program is cancelled or
changed by VOLUNTEER. VOLUNTEER will be solely responsible to
contact any and all participants of the program.
5. COMPLIANCE WITH LAW. All services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, regulations,
and laws of the CITY and any Federal, State, or local government agency of competent
jurisdiction.
6. RELEASE AND WAIVER. VOLUNTEER does hereby release and forever
discharge and hold harmless CITY and its successors and assigns from any and all liability,
claims, and demands of whatever kind or nature, either in law or in equity, that arise or
may hereafter arise from VOLUNTEER'S SCOPE OF WORK under this AGREEMENT.
VOLUNTEER UNDERSTANDS THAT THIS RELEASE DISCHARGES CITY FROM
ANY LIABILITY OR CLAIM THAT THE VOLUNTEER MAY HAVE AGAINST CITY
WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS,
DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM VOLUNTEER'S
ACTIVITIES WITH CITY, WHETHER CAUSED BY THE NEGLIGENCE OF CITY
OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR OTHERWISE.
VOLUNTEER ALSO UNDERSTANDS THAT CITY DOES NOT ASSUME ANY
RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL
ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO
MEDICAL, HEALTH, OR DISABILITY INSURANCE IN THE EVENT OF INJURY
OR ILLNESS.
VOLUNTEER expressly waives any common law or statutory provision that a
general release does not extend to claims that a person or an entity does not know or
suspect to exist in his, her, or its favor at the time of executing a release —which if
known would have materially affected a settlement or release, including but not
limited to California Civil Code Section 1542, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER, MUST HAVE MATERIALLY, AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.
VOLUNTEER expressly agrees that all release provisions in this AGREEMENT shall
be given full force and effect, including those terms and provisions relating to
unknown, unsuspected or future claims, demands and causes of action related to any
such claims.
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ASS[IMPTION OF THE RISK. VOLUNTEER understands that the SCOPE OF WORK
may involve work that may be hazardous to the VOLUNTEER, including, but not limited
to, transportation to and from the sites. VOLUNTEER hereby expressly and specifically
assumes the risk of injury or harm in the SCOPE OF WORK.
7. INSURANCE. The VOLUNTEER understands that CITY does not carry or
maintain health, medical, or disability insurance coverage for any VOLUNTEER. Each
VOLUNTEER is expected and encouraged to obtain his or her own medical or health
insurance coverage.
8. PHOTOGRAPHIC AND AUDIO USE.. VOLUNTEER does hereby grant and
convey to CITY a non-exclusive, irrevocable, and perpetual license for use of any and
all photographic likeness and images and video or audio recordings made during the
VOLUNTEER'S SCOPE OF WORK with CITY, including, but not limited to, likeness and
images, video and audio, presented or presentable in any media whatsoever, and any
royalties, proceeds, or other benefits derived from such photographs or recordings.
9. COVENANT AGAINST ❑ISCRIMINATION. VOLUNTEER covenants that, by
and for itself, its heirs, executors, assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or
group of persons on account of race, color, creed, religion, sex, marital status, national
origin, disability, ancestry, or any other protected class under federal, state, or local
law, in the performance of this AGREEMENT. VOLUNTEER shall take affirmative action
to insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status,
national origin, disability, ancestry or any other protected class identified in federal,
state, or local law.
10. NO ASSIGNMENT. VOLUNTEER shall not, under any circumstances,
assign this AGREEMENT or its rights or duties without prior written authorization from
CITY. Should such authorization be granted, VOLUNTEER agrees to inform any
subcontractor of all the stipulations of this AGREEMENT.
Please list any/all subcontractors for hire for the term of this AGREEMENT that have
been approved by CITY:
Name Address Phone Number
`Kai Adkins 1002 Tamarisk Rd. Palm Sorinas 760-832-5607
Subcontractors listed above have been approved by the CITY to perform the SCOPE OF
WORK. Additional subcontractors will require prior written approval from the CITY. All
subcontractors shall be subject to the terms and conditions in Paragraphs 5, 6, 7, 8, 9,
and 10 of this AGREEMENT, and VOLUNTEER shall obtain signatures of all
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subcontractors to be bound by said paragraphs prior to subcontractors performing any
of the SCOPE OF WORK. Notwithstanding the previous sentence, VOLUNTEER shall
remain obligated and liable for every subcontractor that fails to comply with the terms
and conditions of this AGREEMENT.
11. TERMINATION. It is understood that VOLUNTEER will perform all
services set forth herein in a good and workable manner. CITY reserves the right to
terminate services for any reason, including, but not limited to, insufficient number of
participants or unavailability of facilities. In such circumstances, City shall not be
liable for compensation or damages to VOLUNTEER for remainder of this AGREEMENT.
12. NOTICE. Notice shall be deemed given when VOLUNTEER contacts CITY
COMMUNITY RESOURCES COORDINATOR or COMMUNITY RESOURCES ANALYST in
person, via tele0hone call, email, faxed with a fax return, or seventy-two (72) hours
after deposit in the United States mail postage prepaid, return receipt requested,
addressed as follows:
VOLUNTEER: CITY:
Cathy De Faria Community Resources Department
77430 New Mexico Drive City of La Quinta
Palm Desert, CA 92211 78495 Calle Tampico
La Quinta, CA 92253
13. DOCUMENTS. Any documents and marketing materials created by
CONTRACTOR under this AGREEMENT shall be submitted to CITY for approval prior to
distribution.
14. MISCELLANEOUS. This AGREEMENT is the only agreement between
VOLUNTEER and CITY and may be amended in writing and agreed upon by both
parties. No waiver of any term or condition of this AGREEMENT shall be a continuing
waiver thereof.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed the day and year as first stated above.
CITY OF LA QUINTA,
COMMUNITY RESOURCES DEPARTMENT
("CITY")
APPROVED:
Chris Escobedo,
Community Resources Director Signature
Cathy De Faria
("VOLUNTEER")
APP D:
T
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COUNTERS1 NE .
By:
6-ristina Caldero
Community Resources Manager
77430 New Mexico Drive
Palm Desert, CA 92211
909-992-2561
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