2018-19 Donna Smith (Volunteer) - Mah Jonggt(VQaigta
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MEMORANDUM
TO: Christopher Escobedo, Acting City Manager
FROM: Christina T. Calderon, Community Resources Manager
DATE: July 19, 2018
RE: Donna Smith, AGR#470401-18, Volunteer Coordinator
Attached for your signature is an agreement with Volunteer/Coordinator Donna Smith (Mah
Jongg) open group play. No compensation is received.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Reauestina der)artment shall check and attach the items below as appropriate:
N/A Contract payments will be charged to account number:
N/A Amount of Agreement, Amendment, Change Order, etc.:
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).
Authority to execute this aiareement is based anon:
X Approved by the City Council on Aoril 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 rec}yared documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (approved by Risk Manager on date)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number
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 Quinta
Community Resources Department
Contract # 470401-18
VOLUNTEER COORDINATOR AGREEMENT
This CONTRACT SERVICE AGREEMENT is hereby formed on JULY 1, 2018
through JUNE 30, 2019 between the CITY OF LA QUINTA, COMMUNITY
RESOURCES DEPARTMENT ("CITY") and DONNA SMITH, a person or business
engaged in offering services ("VOLUNTEER") for Provision of Services to the City.
CITY AND CONTRACTOR MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF WORK. The scope of work is described as: VOLUNTEER
COORDINATOR FOR MAH JONGG OPEN PLAY 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 attached as exhibits to this
VOLUNTEER COORDINATOR AGREEMENT. (initials)
2. COMPENSATION. VOLUNTEER shall not be paid for services
performed under this INSTRUCTOR AGREEMENT. VOLUNTEER shall
perform SCOPE OF WORK strictly as a VOLUNTEER and shall not request
or require any form of ma of ry compensation from CITY or any
participant of the program. J(initials)
PAYMENT TERMS. VOLUNTEER shall pay CITY a flat rate of $2.00
per person based on total amount of program participants.
3. VOLUNTEER COORDINATOR. This Agreement calls for the
performance of the services of VOLUNTEER as an independent contractor and
not as an employee of CITY.
4. INDEMNIFICATION. To the fullest extent permitted by law,
VOLUNTEER shall indemnify, protect, defend and hold harmless CITY and any
and all of its officials, employees and agents ("Indemnified Parties") from and
against any and all liability, claims, suits, actions arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs
of any kind, whether actual, alleged or threatened, including, without limitation,
incidental and consequential damages, actual attorney fees incurred by CITY,
court costs, interest, defense costs including fees of expert Contractors or
expert witnesses incurred in connection therewith and any other costs or
expenses of any kind whatsoever incurred in relation to, as a consequence of or
arising out of or in any way attributable in whole or in part to the performance
of this agreement. All obligations under this provision are to be paid by
VOLUNTEER as the CITY incurs them.
PROMPT NOTICE. VOLUNTEER agrees to provide immediate
notice to CITY of any claim or loss against VOLUNTEER arising out of
the work performed under this VOLUNTEER COORDINATOR
AGREEMENT. CITY assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve CITY.
5. 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 a •e no available facilities, CITY
will cancel said program an �' ardinate with VOLUNTEER to
schedule a make-up date. (initials)
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
proa r m .Programs that are cancelled or changed by VOLUNTEER
m e made up in a timely manner as approved by CITY.
(initials)
6. 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.
7. COVENANT AGAINST DISCRIMINATION. 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, or ancestry in the
performance of this VOLUNTEER COORDINATOR 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, or ancestry.
8. NO ASSIGNMENT. VOLUNTEER shall not, under any circumstances,
assign this INSTRUCTOR AGREEMENT or its rights or duties without prior written
authorization from CITY. Should su authorization be granted, VOLUNTEER
agrees to inform any subcon dt of all the stipulations of this VOLUNTEER
COORDINATOR AGREEMENT. (initials)
Please list any/all subcontractors you will hire for the term of this VOLUNTEER
COORDINATOR AGREEMENT.
Name Address Phone Number
Madeleine Hibbs 52715 Avenida Diaz, La Quinta 818.416.0098
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.
9. 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 VOLUNTEER AGREEMENT.
10. NOTICE. Notice shall be deemed given when VOLUNTEER contacts
CITY COMMUNITY RESOURCES COORDINATOR or COMMUNITY PROGRAMS AND
WELLNESS SUPERVISOR in person, via telephone 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:
Donna Smith
48554 Via Amistad
La Quinta, CA 92253
CITY:
Community Resources Department
City of La Quinta
78495 Calle Tampico
La Quints, �A 9 253
h� (initials)
11. DOCUMENTS. Any documents and marketing materials
created by VOLUNTEER under this VOLUNTEER COORDINATOR AGREEMENT shall
be submitted to CITY for approval prior to distribution.
12. MISCELLANEOUS. This VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT shall be a continuing waiver
thereof.
IN WITNESS WHEREOF, the parties hereto have caused this VOLUNTEER
COORDINATOR AGREEMENT to be executed the day and year as first stated
above.
CITY OF LA QUINTA,
COMMUNITY RESOURCES DEPARTMENT
("CITY")
APP V D:
By: !�
Chri ' a Calderon,
Community Resources Manager
Donna Smith
("CONTRACTOR")
APPR ED: '
By'
Signature
48554 Via Amistad
La Quinta, CA 92253
760.972.4243