2019-20 Schaffner, Harry (Volunteer) - Senior Tennis Programta �W
MEMORANDUM
TO: Christina T. Calderon, Community Resources Manager
FROM: Caroline Doran, Community Resources Specialist
DATE: January 21, 2020
RE: Harry Schaffner, Volunteer Coordinator, Agreement2019
Attached for your signature is an agreement for the Senior Tennis Program at Fritz
Burns Park.
Please sign the attached agreement(s) and return to the City Clerk for processing
and distribution.
RegUggling degartmqnth l check and attach thr,items
M12ropriate:
N/A Contract payments will be charged to account number:
X Amount of Agreement, Amendment, Change Order, etc.: Free
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 fused upon:
N/A Approved by the City Council on
X Department Manager's signature authority provided under Resolution No. 2019-021 for
budgeted expenditures of $5,000 or less.
N/A Initial to certify that 3 written informal bids or proposals were received and considered in
selection
The following re aired documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (approved by Risk Manager on
te)
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
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- — GEM ofd, DESERT —
City of La Quinta
Community Resources Department
Contra ct#SeniorTennisProgram 2019
VOLUNTEER COORDINATOR AGREEMENT
This VOLUNTEER COORDINATOR AGREEMENT ("AGREEMENT") is hereby
formed on January 2, 2020, through June 30, 2020, between the CITY OF LA
QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and HARRY
SCHAFFNER, 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: SENIOR
TENNIS GROUP 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. CANCELLATIONSICHANGES.
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.
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
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or changed by VOLUNTEER. VOLUNTEER will be solely responsible to
contact any and all participants of the program.
S. 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.
7. ASSUMPTION 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.
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S. 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.
9. 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.
10. 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, 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.
11. 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
Da lene Bailey
79273 Sign of Spring, La Quinta
661-350-5360
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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 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.
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12. 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.
13. NOTICE. Notice shall be deemed given when VOLUNTEER contacts
CITY COMMUNITY RESOURCES COORDINATOR or COMMUNITY RESOURCES
ANALYST 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: CITY:
Harry Schaffner Community Resources Department
50105 Granada Court City of La Quinta
La Quinta, CA 92253 78495 Calle Tampico
La Quinta, CA 92253
14. DOCUMENTS. Any documents and marketing materials created by
CONTRACTOR under this AGREEMENT shall be submitted to CITY for approval prior
to distribution.
15. 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
(-ClRit&
APP
By:
istina Ca Ideron
Community Resources Manager
698/015610-0002
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Harry Schaffner
("VO LL&NTE E R")
By:
50105 Granada Court
La Quinta, CA 92253
760-677-6136
Memorandum
TO: Harry Schaffner and Darlene Bailey
Coordinators of the Senior Tennis Program
CC: Christina T. Calderon, Community Resources Manager
FROM: Caroline Doran, Community Resources Specialist
DATE: January 2, 2020
SUBJECT: Fritz -Burns Tennis Court use
This memo is to continue the positive relations with the public and the understanding of
tennis court usage at Fritz -Burns Park for the Wellness Center Tennis Program taking
place January 2020 through May 2020.
The La Quinta Wellness Center reserves the use of 4 courts on Tuesdays and Thursdays
(Courts #2, #3, #4, #5 City of La Quinta signs are posted) from 8:30 a.m. until 10:30 a.m.
The courts will not be used by the tennis program on `r �� and due to the
senior tennis group sharing courts with the community during the Parabais Tennis
Tournament.
Wellness Center Staff will monitor the program and the use of the tennis courts
regularly. If there are any questions, concerns, or comments the Wellness Center Senior
Tennis Program Coordinator and/or patrons need to address them to the Wellness
Center Coordinators or Wellness Center Supervisor immediately.
In case of an incident or accident please fill out the required form and return to the
Wellness Center Staff.
Tennis Coordinator: Harry Schaffner
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