2024-25 Litch, Joyce Volunteer Coordinator - Mexican Train DominoesMEMORANDUM ce,Qa�&a
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DATE: July 19, 2024
TO: Christina Calderon, Community Services Deputy Director
FROM: Luis Magallanez, Community Services Specialist
RE: Joyce Litch, Volunteer Agreement (FY 24-25) - Mexican Train Dominoes program - 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
.Q City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] 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. 2023-008] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
.a Bid ❑ RFP 0_ RFQ _❑. 3 written informal bids
✓Q Sole Source 1-1 Select Source Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
El
LL
Agreement payment will be charged to Account No.:
Agreement term: Start Date July 1, 2024 _ End Date
Amount of Agreement, Amendment, Change Order, etc.: $
June 30, 2025
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
✓n Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: NSA Date:
Bonds (oric►inals) 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)
QBusiness License No. NSA_ Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
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GES! of;h, DESERT —
City of La Quinta
Community Services Department
VOLUNTEER COORDINATOR AGREEMENT
This VOLUNTEER COORDINATOR AGREEMENT ("AGREEMENT") is hereby
formed on July 1, 2024, through June 30, 2025, between the CITY OF LA QUINTA, BY
AND THROUGH ITS COMMUNITY SERVICES 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 cancelled or
changed by VOLUNTEER. VOLUNTEER will be solely responsible to
contact any and all participants of the program.
698/015610-0002
11541254 1 x06/12/24
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 relating to COVID-19 or any other public health response to disease,
epidemic, or pandemic for the work provided by the VOLUNTEER COORDINATOR.
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 (CDPH), California Occupational
Safety and Health (Cal/OSHA), 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.
648/015610-0102
11 541254 1 46/12124
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 Freeman j 44120 CaImino/ La Cresta
(858))603-0792
.moi "
0981015610-04A)2
11541254.1 a06112124 -3-
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 SERVICES SPECIALIST or SENIOR 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 postaae prepaid. return receipt
requested, addressed as follows:
VOLUNTEER:
Joyce Litch Hammam
53.040 Avenida Carranza
La Quinta, CA 92253
CITY:
Community Services Department
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
14. DOCUMENTS. Any documents and marketing materials created by the
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 SERVICES DEPARTMENT
("CITY")
JOYCE LITCH HAMMAN
("VOLUNTEER'S ,
_`z__/�
6981011610-0002
11541254A :06/12124 -4-
APPROVED: APP V D:
By: By:
Michael Calderon,
Community Services Analyst
COU SIGZ 51040 Avenida Carranza
j,, La Quinta, CA 92253
By:��4 (408)593-5442
Ch ' a Calderon
Community Services Deputy Director
6981015610-MI2
115.11-54.1 806112I21 'S