2022-23 Litch, Joyce Volunteer Coordinator - Mexican Train DominoesMEMORANDUM
DATE: 2/9/2023
TO: Christina Calderon, Community Resources Manager
FROM: Luis Magallanez, Community Resources Manager
RE: Joyce Litch Volunteer Agreement to offer Mexican Train Dominoes program at the La
Quinta 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 Policy
[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 aDDlv):
Bid RFP n RFQ [ 3 written informal bids
Sole Source
Select Source U Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
Agreement payment will be charged to Account No.:
Agreement term: Start Date 1/6/2023 End Date 6/30/2023
Amount of Agreement, Amendment, Change Order, etc.: $ 0.00
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: n/a Date:
Bonds (originals) 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)
Business License No. n/a
Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
/ aditra
GEM of the DESERT —
City of La Quinta
Community Resources Department
Contract # 470901
VOLUNTEER COORDINATOR AGREEMENT
This VOLUNTEER COORDINATOR AGREEMENT ("AGREEMENT") is hereby
formed on January 6, 2023, through June 30, 2023, between the CITY OF LA
QUINTA, BY AND THROUGH ITS COMMUNITY RESOURCES DEPARTMENT
("CITY") and JOYCE LITCH, 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: MEXICAN
TRAIN DOMINOES 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.
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
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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. In explanation of the foregoing and not by way of limitation,
VOLUNTEER COORDINATOR shall comply with any Federal, State, and local laws,
regulations, orders, and guidelines relating to the classes, programs, and work
provided by VOLUNTEER COORDINATOR 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
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, (including liability related to exposure to communicable diseases,
illnesses, or viruses (such as COVID-19), 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.
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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.
8. 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 or
characteristic 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
Elizabeth Freedman
44120 Camino La Cresta
(858) 603-0792
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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.
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
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: CITY:
Joyce Litch Hammam Community Resources Department
51040 Avenida Carranza 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, JOYCE LITCH HAMMAM
COMMUNITY RESOURCES DEPARTMENT
("CITY") ("VOLUNTEER")
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APPRO;, I �,[ /„ // APPROVED:
By: �fff.; ��-� (�� By:
C yna Calderon
Community Resources Manager Fe
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51040 Avenida Carranza
La Quinta, CA 92253
(408) 593-5442