2020-21 Rudy, Lori Instructor Essential Fitness Exercise ClassesMEMORANDUM a Qw�&a
(ALIFORNI 1 DATE: 10-6-2020
TO: Christina Calderon, Community Resources Manager
FROM: Luis Magallanez, Community Resources Coordinator
RE: Lori Rudy, Instructor Agreement (FY 20-21) for Essential Fitness Exercise class
instruction performed at the Wellness Center.
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
City Manager's signing authority provided under the City's Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
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]:
Bid F-1 RFP L_L RFQ F-1 3 written informal bids
QSole Source El Select Source n Cooperative Procurement
Reauestinr-department shall check and attach the items below as anorooriate.
n Agreement payment will be charged to Account No.: 101-0000-42214
Jr L Agreement term: Start Date 7-1-2020 End Date 6-30-2021
✓ Amount of Agreement, Amendment, Change Order, etc.: $
70% of fees paid to instructor
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
Fv L Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Nichole Romane Date: 10/6/2020 J
LiBonds foriginals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
n Business License No. LIC - 768671 Expires: 3/30/2021
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
t(V QUiAt(V Cityof i L a �u nta
-- GEM
°fi,, - Community Resources Department
INSTRUCTOR AGREEMENT
This INSTRUCTOR AGREEMENT is hereby formed on JULY 1, 2020 through
JUNE, 30 2021, between the CITY OF LA QUINTA, BY AND THROUGH ITS
COMMUNITY RESOURCES DEPARTMENT ("CITY") and LORI RUDY, 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 QF WQRK. The scope of work is described as: FITNESS
(ESSENTIAL 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 requested by letter to CONTRACTOR from
CITY on a biannual basis. Work proposals one ppraved 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.
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.
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
obligations as are consistent with that role. CONTRACTOR shall have no power to incur
Rev Aug 2020
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 agents 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. IN DIEMNIFICATION. 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 (including liability related to exposure to communicable
diseases, illnesses, or viruses), 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) 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 (or
failure of performance) of this INSTRUCTOR AGREEMENT by CONTRACTOR, by any
individual or entity for which CONTRACTOR is legally liable (including but not limited
to agents of CONTRACTOR), or by any individual or entity participating in, attending,
observing, or otherwise present at a class, program, or other work provided by
INSTRUCTOR or INSTRUCTOR's agent. 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 approved
Rev Aug 2020 2
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 fa 'lity if one is
available. If there are no available facilities, CITY will cancel s' i program 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 pa icipants of the program. Programs that are cancelled or
changed by O TRACTOR 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 CONTRACTOR'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. CONTRACTOR 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 Section 6 of this INSTRUCTOR AGREEMENT 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, or agents.
Rev Aug 2020 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 Resources 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. In explanation of the foregoing and not by way of limitation,
CONTRACTOR shall comply with any Federal, State, and focal laws, regulations,
orders, and guidelines relating to the classes, programs, and work provided by
INSTRUCTOR 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.
9. 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, ancestry, or any other protected class or
characteristic in Federal or State law, 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. Should such authorization be granted, CONTRACTOR agrees
to i any assignee of all the stipulations of this INSTRUCTOR AGREEMENT.
fprm
(initials)
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. N TI Notice shall be deemed given when CONTRACTOR contacts CITY
COMMUNITY RESOURCES COORDINATOR or COMMUNITY RESOURCES SPECIALISTS
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:
Lori Rudy
5115� Mystic Thyme ❑r.
IndiatCA 92201
(initials)
Rev Aug 2020 4
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. MISCELLANEO . 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 Aug 2020
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")
APPROVED:
By:
RIS "AL
Community Resources Manager
Requlred for over $5,000:
By:
CHRIS ESCOBEDO
Community Resources Director
Rev Aug 2020 6
LORI RUDY
(-CONTRACTOR")
APPROVED:
51164 Mystic Thyme Dr.
Indio, CA 92201
(319)759-7161