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2018-19 Beretto, Lucilla (Instructor) - Pilates Classesta Qwkra — GE`1 J:i, DESERT — MEMORANDUM TO: Chris Escobedo, Director Community Resources FROM: Caroline Doran, Community Resources Specialist DATE: October 11, 2018 RE: Lucilla Beretto, Fitness, AGR#423301-18, Instructor Attached for your signature is an agreement with independent contracted instructor Lucilla Beretto for (Pilates) classes. Compensation is based on class attendance with a 70% portion of fees to instructor and 30% portion of fees to City of La Quinta. Please sign the attached agreement(s) and submit to the City Clerk for processing and distribution. Reauestina department shall check and attach the items below as aniurooriate: X Contract payments will be charged to account number: 101-0000-42214 X Amount of Agreement, Amendment, Change Order, etc.: 70% of fees are paid to instructor 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 agreement is based upon: X Approved by the City Council on April 18.2017 X Department Director's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $15.000 or less. N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following reoyared documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on FV l� �� Gore) N/A Performance bonds as required by the agreement (originals) f d X City of La Quinta Business License number LIC-764386 Expires 12/31/2018 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 Revised May 2017 ta Qw�dU City La Qof uinta --GEM oftheDESERT — Community Services Department Contract # 423301-18 INSTRUCTOR AGREEMENT This INSTRUCTOR AGREEMENT is hereby formed on JULY 1, 2017 through JUNE 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and LUCILLA BERETTO, a person or business engaged in offering services ("CONTRACTOR") for Contractor's Provision of Services to the City. CITY AND CONTRACTOR MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF WORK. The scope of work is described as: Pilates/Fitness classes held at a City of La Quinta facility. The scope of work includes all goods and actions necessary to complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. Specific dates and times for contracted work will be reque ed by letter to CONTRACTOR from CITY on a bi-annual basis. Work proposals, one , proved by CITY will be attached as exhibits to this INSTRUCTOR AGREEMENT. (initials) 2. COMPENSATION. CONTRACTOR shall be paid for services performed under this INSTRUCTOR AGREEMENT as follows: CONTRACTOR shall recommend fees to be charged by CITY. Such fees shall be paid directly to CITY. CITY shall maintain written records of gross receipts and shall submit such records to CONTRACTOR upon request. CONTRACTOR shall be compensated based on the following: STANDARD SESSIONS. CITY shall pay 70% of gross receipts collected to CONTRACTOR as compensation based upon the records and shall retain the remaining 30% for the use of public facilities for such services. This compensation shall be the total compensation for services, including out-of-pocket costs. CITY shall pay no other compensation to CONTRACTOR. Payments will be made to CONTRACTOR after each session of work is completed as defined in Section 1, SCOPE OF WORK and will follow the approved annual payroll calendar. DROP -IN SESSIONS. CITY shall pay 70% of gross fees to CONTRACTOR as compensation based upon the records and shall retain the remaining 30% for the use of public facilities for such services. This compensation shall be the total compensation for services, including out- of-pocket costs. CITY shall pay no other compensation to CONTRACTOR. Payments will be made to CONTRACTOR after each session of work is completed as defined in the SCOPE OF SERVICES and will follow the approve3d annual payroll calendar. 3. INDEPENDENT CONTRACTOR. This INSTRUCTOR AGREEMENT calls for the performance of the services of CONTRACTOR as an independent contractor and not as an employee of CITY. Neither CITY nor any of its employees shall have any control over the manner, mode, or means by which CONTRACTOR or its agents, perform the services required herein, except as otherwise set forth herein. CONTRACTOR shall perform all services required herein as an independent contractor of CITY and shall remain at all times as to CITY a wholly independent contractor with only such Rev May 2015 1 obligations as are consistent with that role. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of CITY. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of CITY. CONTRACTOR and any of its agent, and subcontractors providing services under this INSTRUCTOR AGREEMENT shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits. CONTRACTOR agrees to pay all required taxes on amounts paid to CONTRACTOR under this INSTRUCTOR AGREEMENT, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this INSTRUCTOR AGREEMENT. CITY shall have the right to offset against the amount of any compensation due to CONTRACTOR under this INSTRUCTOR AGREEMENT any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arising under this paragraph. 4. INDEMNIFICATION. To the fullest extent permitted bylaw, CONTRACTOR shall indemnify, protect, defend (with counsel selected by City) 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, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of CONTRACTOR or of any subcontractor) costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorneys' 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 INSTRUCTOR AGREEMENT by CONTRACTOR or by any individual or entity for which CONTRACTOR is legally liable, including but not limited to agents or subcontractors of CONTRACTOR.. All obligations under this provision are to be paid by CONTRACTOR as CITY incurs them. Without affecting the rights of CITY under any provision of this INSTRUCTOR AGREEMENT, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by contract between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY's active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY. PROMPT NOTICE. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR arising out of the work performed under this INSTRUCTOR 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. S. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original Rev May 2015 2 approved schedule based on zero enrollments, minimum student requirement not met, or 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 pr and coordinate with CONTRACTOR to schedule a make-up date. (initials) CONTRACTOR RESPONSIBILITY. CONTRACTOR 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 CONTRACTOR. CONTRACTOR will be solely responsible to contact any and all part ipants of the program. Programs that are cancelled or changed by ACTOR must be made up in a timely manner as approved by CITY. (initials) 6. INSURANCE. It is to be understood that CONTRACTOR is working under a contractual obligation as specified in this INSTRUCTOR AGREEMENT and is responsible as a self-employed person to remit any Federal or State Income Taxes, and to provide for his/her own Worker's Compensation, Disability Insurance, Unemployment Insurance coverage, Social Security, Liability Insurance and other such coverage, as applicable, in the amounts and under the conditions as set forth below. A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Instructor shall obtain policy endorsement on Commercial General Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers, officials, employees and agents. 6.1 CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to CITY, consisting of: (a) certificate(s) of insurance evidencing all of the coverages required and, (b) an additional insured endorsement to CONTRACTOR's Commercial general liability policy using ISO Form CG 20 10 with an edition date prior to 1988, which form shall include coverage for completed operations and, The additional insured endorsement shall expressly name CITY, its officers, and employees as additional insureds on the policy (ies) as to commercial general liability coverages, and completed operations coverages, with respect to liabilities arising out of CONTRACTOR's performance of the services under this INSTRUCTOR AGREEMENT. 6.2 CONTRACTOR shall provide written notice to CITY within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, CONTRACTOR shall, prior to the cancellation date, submit new evidence of insurance.in conformance with this Section 6 to CITY. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of CONTRACTOR's obligation to indemnify CITY, its officers, employees, contractors, subcontractors, or agents. Rev May 2015 3 7. BUSINESS LICENSE. CONTRACTOR will be required to obtain a City of La Quinta Business License within thirty (30) calendar days of this signed INSTRUCTOR AGREEMENT. A copy of the current La Quinta Business License must be provided to the Community Services Department within five (5) business days of receipt. S. COMPLIANCE WITH LAW. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of CITY and any Federal, State, or local government agency of competent jurisdiction. 9. COVENANT AGAINST DISCRIMINATION. CONTRACTOR 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 INSTRUCTOR AGREEMENT. 10. NO ASSIGNMENT. CONTRACTOR shall not, under any circumstances, assign this INSTRUCTOR AGREEMENT or its rights or duties without prior written authorization from CITY. Shouid such authorization be granted, CONTRACTOR agrees to in ' --any subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. �/ (initials) Please list any/all subcontractors you may hire for the term of this INSTRUCTOR AGREEMENT. Name Address Phone Number Subcontractors listed above have been approved by CITY to perform the scope of work, as provided in Section 1. Additional subcontractors will require prior written approval from CITY. 11. TERMINATION. It is understood that CONTRACTOR 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 CONTRACTOR for remainder of this INSTRUCTOR AGREEMENT. 12. NOTICE. Notice shall be deemed given when CONTRACTOR contacts CITY COMMUNITY RESOURSES COORDINATOR or COMMUNITY SERVICES SPECIALIST 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: CITY: City of La Quinta Community Resources Department 78495 Calle Tampico La Quinta, CA 92253 CONTRACTOR: Lucilla Beretto 79538 Dandelion Drive La Quinta, CA 92253 Rev May 2015 (initials) 13. DOCUMENTS. Any documents and marketing materials created by CONTRACTOR under this INSTRUCTOR AGREEMENT shall be submitted to CITY for approval prior to distribution. 14. MISCELLANEOUS. This INSTRUCTOR AGREEMENT is the only agreement between CONTRACTOR and CITY and may be amended in writing and agreed upon by both parties. No waiver of any term or condition of this INSTRUCTOR AGREEMENT shall be a continuing waiver thereof. Rev May 2015 IN WITNESS WHEREOF, the parties hereto have caused this INSTRUCTOR AGREEMENT to be executed the day and year as first stated above. CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") APPROVE By I r _� FBI NA CA DER Community Resources Manager Required for over $5,000: By: CHRIS ESCOBEDO Community Resources Director Lucilia Beretto ("CONTRACTOR") APPROVED: ItyowwdA. i �1, s 79538 Dandelion Drive La Quinta, CA 92253 760-925-6106 Rev May 2015 Hello Lucilla, Below is your class information for October 2018— April 2019. Please review and verify by typing your name and date on the lines below as soon as possible. 423301 Pilates Instructor: Lucilla Beretto Cost Dav/s Time Location W/F 8:15-9:15am Multipurpose Room Sessions: 10/3—10/31; = $72 (9 classes) Sessions: 11/2—11/30; 2/1— 2/27; 4/3 - 4/26=$64 (8 classes) Sessions: 1/9 - 1/30 = $63 (7 classes) Sessions: Dec 5, Dec7 & Dec 12 = $24 (3 classes) Sessions: 3/13 — 3/29= $48 (6 classes) (There will be no class on November 23 — Thanksgiving Holiday; Web Trac Brochure Info: Pilates Mat workout will help Increase your body/mind connection using techniques developed by Joseph H. Pilates. Expect to increase your strength, flexibility and stamina as you transition from one flowing movement to another. Your instructor is Lucilla Beretto. Materials: A mat, towel, water, and wear comfortable clothing. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, March 4 through Monday, March 11, 2019. Instructor Signature ro�-A Date � J - � U — Signing this document only verifies that you have read and understand the material within this document. This document shall not act as a contractual agreement between you and the City of La Quinta. 3493601 -Name: Pilates DI Fee: $10 Monthly registrations averages to $8 per class. LUCIBER-01 VANVEKAR H(_CJKLJ CERTIFICATE OF LIABILITY INSURANCE DATE 09/17/2018 09/17/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED previsions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Alliant Insurance Services, Inc. PHONE FAX 4530 Walne Rd Ste 200 (A/C, No, Ext): (855) 827-9642 (A/C, No):(703) 563-1510 y Chantilly, VA 20151-2285 ADD Yoga-questions@alliant.com _ INSURER(S) AFFORDING COV NAIC N _INSURER A: Lloyd's of London 10200 INSURED INC[ IRFR R Lucilla Beretto INSURERC: 79538 Dandelion Drive INSURERD: La Quinta, CA 92253 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUOR POLICY NUMBER LTR INS❑ WVD POLICY EFF POLICY EXP LIMITS 1MM7D0J Y�jj) iMMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 11000,000 X CLAIMS -MADE OCCUR X YOGA1505263-1 09/05/2018 09/05/2019 DAMAGE TORENTED PREMISES (Ea occurrence)__ _S 100,000 2,500 MED EXP (Any one person) S Included PERSONAL & ADV INJURY 5 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY LOG PRODUCTS -CO"MPAGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea_ecc6�enl) 5 ANY AUTO BODILY INJURY CPer person) S OWNED SCHEDULED _ AUTOS ONLY AUTOS BODILY INJURY _[PefBa?iden� _ S__ nt AUTOS ONLY _ _� AUTI MO { OPDAMAGEn0 AMAGE 5 - 8 _ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTIONS g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTH- ER Y / N _ -STATUTE _ ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT S FFICER/M MBER EXCLUDED? N I A Aandatory�n NH) E L DISEASE - EA EMPLOYEE $ If yes, describe under QQES RIPJION ❑F �7P ATiONS below E L DISEASE - POLICY LIMIT S A Pro esslonal r X YOGA1505263-1 09I0512018 0910512019 Each Claim 1,000,000 A Professional Liab X YOGA1505263-1 09/05/2018 0910512019 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS ( LOCATIONS 1 VEHICLES ACORD 101, AddltlonaI Remarks Schedule, may be attached It mare space is mquimd) THIS CERTIFICATE OF INSURANCE SERVES A EVIDENCE OF COMBINED PROF£SSIONALIGENERAL LIABILITY COVERAGE. FURTHER, THE CERTIFICATE HOLDER IS ADDED AS ADDITIONAL INSURED PER FOLLOWING ENDORSEMENT. Aggregate Limit of Liability for all coverages set forth above: $2,000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of La Quints THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. 78495 Calle Tampico La Quinta, CA 92253 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT (with primary and non-contributory wording) Specified Member: Lucilla Beretto Policy Number: YOGAIS05263-1 Endorsement Effective Date: September 14, 2018 It is hereby agreed and understood that for the additional premium charged the person(s) or entity(ies) listed below is/are included as Additional Insured(s) under the combined Professional/General Liability policy number referenced above, but only with respect to claims or damages arising solely out of professional services rendered by the Specified Member: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 The coverage provided hereunder to the above -named Additional Insured shall be primary and non- contributory to any insurance or self-insurance maintained by the Additional Insured. Additional Premium: $25.00 + 2.25% (surplus lines tax) + 0.0225% (state fee) ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Date: September 17, 2018 J BY: Authorized Representative Alliant Insurance Services, Inc.