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Wellness Center Classes 2017ta Qai4ra City of La Quinta —c;FNI�fdmDFSE10' — Community Resources Department Contract # 423501-17 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 LORI FARKAS, 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: PERSONAL TRAINING 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 bi- annual basis. Work proposals, once approved 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 80% of gross receipts collected to CONTRACTOR as compensation based upon the records and shall _retain the remaining 20% 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. 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 Rev May 2016 1 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 by law, 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 Rev May 2016 2 monitor the handling of any such claim or claims if they are likely to involve CITY. 5. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original 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 g em 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 participants of the program. Programs that are cancelled or changed by CONTRA TOR 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. 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. B. Vendor shall procure and maintain Sexual Abuse/Molestation Liability coverage with limits of not less than $100,000 per occurrence and $300,000 general aggregate. Coverage may be provided as part of Commercial General Liability coverage, Professional Liability coverage, or as a separate policy. Rev May 2016 3 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. 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. 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. 8. 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. Should such authorization be granted, CONTRACTOR agrees to inforrp any subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. (initials) Rev May 2016 4 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 SERVICES COORDINATOR or COMMUNITY SERVICES 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: CONTRACTOR: Lori Farkas 78697 Torino Drive La Quinta, CA 92253 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 t (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 2016 5 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, Lori Farkas COMMUNITY RESOURCES DEPARTMENT ("CONTRACTOR") ("CITY") APPROVED: ./171 B By: F�/f i. Chris-Zrwc cclo Sign re Community Resources Director 78697 Torino Drive La Quinta, CA 92253 562.277.4648 COUNTERSI EiE& By:VA Chris ' alderon, Cam ity Programs & Wellness Supervisor Rev May 2016 V I V)P tt-� Hello Lori Below is your class information for June 12, 2017— September 2017. Please review and verify by typing your name and date on the lines below as soon as possible. 423501 1 Day Personal Training $50 Instructor: Lori Farkas, ACE Certified Trainer 423502 4 Du Personal Training $160 -TP: - �01 F 423503 1 Day GoR Pitree" Training $70 Cost Day/s Time Location T/TH 12-8pm Fitness Gym Sessions: 6/13-6/29; 7/6-7/27; 8/1-8/31; 9/5-9/28 (July 4 Holiday ) Web Trac Brochure Info: Lori please add a description to share with clients so they know your mission on training or information to encourage clients to take a training with you. Materials: Instructor Signature: Date d f Signing this documen ly veri ies 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. Training information: Athletic Training, Back Pain Prevention/Postrehab, Biomechanics, Cardio Workouts, Core Training, Corporate Wellness, Executive Fitness, Family Fitness, Fitness Education, Flexibility, Group Exercise, Injury Prevention, Lower Back Pain, Medical Fitness for Chronic Conditions, Personal Training, Postrehab/Injury Recovery, Senior Fitness, Sports Conditioning, Sports Nutrition, Strength Training, Toning and General Fitness, Weight Loss, Weight Management, Wellness/Preventive, Women's Fitness Lori is not available the following dates: June 1 through June 10 - scheduling begins 6/12/2017 July 31 - August 3 August 20 - August 27 7(O - 5[p L4°: 2 0 :r POLICY NO: PHPK550687-007 POLICY CHANGE DOCUMENT CHANGE # 3 CHANGE EFFECTIVE: 04/30/2017 Philadelphia Indemnity Insurance Company I PRODUCER: Maguire Insurance Agency, Inc. NAMED INSURED: Lori A Farkas MAILING ADDRESS 78-697 Torino Dr La Quinta, CA 92253- POLICY PERIOD: FROM 03/28/2017 TO 03/28/2018 at 12:01 A.M. Standard Time at your mailing address shown above. DESCRIPTION: In consideration of the premium reflected, the policy is amended as indicated below: Amended additional insured. Amended to read: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Form CG 20 26 applies. Total Annual Total Prorate Additional/Return Premium $0.00 Additional/Return Premium $0.00 Total Annual Total Prorate Additional/Return Additional/Return Tax/Surcharge/Fee $0.00 Tax/Surcharge/Fee $0.00 Page 1 of 1 a° CERTIFICATE OF LIABILITY INSURANCE PRODUCER Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 200 Mission Viejo, CA 92691- 877.438.7459 Lori A Farkas 78.697 Torino Dr La Quinta, CA 92253- COVERAGES THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGI INSURER A: Philadelphia Indemnity Insurance INSURERS: INSURERE: 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 CERIFICATION 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDT INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY) POUCYEXPIRATION DATE IMM/DD/YYYY) LIMITS A X GENERAL LIABILITY MERCIAL GENERAL LIABILITY CLAIMS MADE El OCCUR tXIORMFESSIONALLIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: x iPOLICY PROJECT LOC PHPKSSD687-007 03/28/2017 03/28/2018 EACH OCCURENCE $1,000,000 PREM:iS $ Ea atturrente S100.000 MED EXP(Any one per5onl $2,500 PERSONAL &ADV INJURY 51.000,000 GENERAL AGGREGATE 53,000.000 PRODUCTS—COMP/OP AGO $3,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNEOAUTOS SCHEDULED AUTOS F RED AUTOS NON-OWNEDAUTOS COMBINED SINGLE LIMIT (EA accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE {Per accident) GARAGE LIABILITY ANYAUTO AUTO ONLY — EAACCIDENT OTHERTHAN EAACC AUTOONLY: AGO EXCESS / UMBRELLA LIABILITY OCCUR CLAIMSMADE DEDUCTIBLE EACH OCCURENCE AGGREGATE _ ���pp �7y��� pR&E{T��ENNTION W" PRi1FRMTQJ URTNER/EXECUTIVE Y N OFFICER/MEMBER EXCLUDED? IMandalary in NH) If yes, describe under SPECIAL PROVISIONS below ff TORY lIMR5 I J ER E.L. EACH ACCIDENT E.L. DISEASE — EA AMPLOYEE E.L. DISEASE — POUCY LIMIT OTHER Sexual Abuse / Molestation PHPK550687.007 03/28/2017 03/2812018 Each Occurrence Limit $200,000 Aggregate Limit S300,000 DESCRIPTION OF OPERATIONS LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS it is understood and agreed that the following entity is added as an additional insured but only with respectls) to the operations of the named insured except that Ilability resulting from the additional insured's tole negligence. CERTIFICATE HOLDER City of La Quinta 78495 Calle Tampico La Quinta, CA 92253- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBU13ATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORLZEDREPRESENTATIVE etr��(D4 ACORD 25 (2009/01) 9)1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) POLICY NUMBER: PHPK550687-007 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of La Quinta- 78495 Calle Tampico La Quinta CA 92253- Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ta QwkW — GEM of the DESEI(F — - MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christina T. Calderon, Community Programs & Wellness Center Supervisor DATE: August 1, 2017 RE: Paul Racicot, Senior Services Free, # 2017-0057, Volunteer/Coordinator Attached for your signature is an agreement with Volunteer Paul Racicot for (Wii Bowling & Wii Golf) open group play. There is not compensation. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate_ N/A Contract payments will be charged to account number: N/A Amount of Agreement, Amendment, Change Order, etc.: 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 Aprii_18, 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents ore attached to the agreement: N/A Insurance certificates as required by the agreement (approved by Risk Manager on T dote) 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 (Sandra) Revised May 2017 ta Qw�fta -GEM j',h,D1-SF.RI - City of La Quinta Community Resources Department Contract # WIIPLAY17 VOLUNTEER COORDINATOR AGREEMENT This VOLUNTEER COORDINATOR AGREEMENT is hereby formed on JULY 1, 2017 through JUNE 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and PAUL RACICOT, 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: WII OPEN GROUP PLAY 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 VOLUNTEER COORDINATOR AGREEMENT. �_ (initials) 2. COMPENSATION. VOLUNTEER shall not be paid for services performed under this VOLUNTEER COORDINATOR AGREEMENT. VOLUNTEEER shall perform SCOPE OF WORK strictly as a VOLUNTEER and shall not request or require any farm of, monetary compensation from CITY or any participant of the prograrn. `-_ (initials) 3. VOLUNTEER COORDINATOR,- This Agreement calls for the performance of the services of VOLUNTEER and not as an employee of CITY. 4. INDE_MNIFICATION_. To the fullest extent permitted by law, VOLUNTEER shall indemnify, protect, defend 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, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney 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 agreement. All obligations under this provision are to be paid by VOLUNTEER as the CITY incurs them. PROMPT NOTICE. VOLUNTEER agrees to provide immediate notice to CITY of any claim or loss against VOLUNTEER arising out of the work performed under this VOLUNTER COORDINATOR 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. 5. 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(:'; (initials) 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 respo sable to contact any and all participants of the program.�(initials) 6. 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. 7. 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, or ancestry in the performance of this VOLUNTEER COORDINATOR 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, or ancestry. 8. NO ASSIGNMENT. VOLUNTEER shall not, under any circumstances, assign this VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) Please list any/all subcontractors you will hire for the term of this VOLUNTEER COORDINATOR AGREEMENT. Name Address Phone Number 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. 9. 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 VOLUNTEER COORDINATOR AGREEMENT. 10. NOTICE. Notice shall be deemed given when VOLUNTEER contacts CITY COMMUNITY RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: Paul Racicot 78097 Cobalt Court La Quinta, CA 92253 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 &(initials) 11. DOCUMENTS. Any documents and marketing materials created by CONTRACTOR under this VOLUNTEER COORDINATOR AGREEMENT shall be submitted to CITY for approval prior to distribution. 12. MISCELLANEOUS. This VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT shall be a continuing waiver thereof. IN WITNESS WHEREOF, the parties hereto have caused this VOLUNTEER COORDINATOR AGREEMENT to be executed the day and year as first stated above. CITY OF LA QUINTA, PAUL RACICOT COMMUNITY RESOURCES DEPARTMENT ("VOLUNTEER") ("CITY") APPROVED: APPROVED: Digitally signed by Chris Escobedo By: Date: 2017.08.07 16:34:28-07'00' B Chris Escobedo, Commu 'ty Resources Director Signature COU E N By: Chris ina Calderon, Community Programs & Wellness Supervisor 78097 Cobalt Court La Quinta, CA 92253 760.200.2072 ta Qwkraj GEM ofthe DESERT — — City of La Quinta Community Resources Department Contract # 470601-17 VOLUNTEER COORDINATOR AGREEMENT This VOLUNTEER COORDINATOR AGREEMENT is hereby formed on JULY 1, 2017 through JUNE 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and MARY FRANCIS, 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: VOLUNTEER COORDINATOR AARP SAFE DRIVING 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) 2. COMPENSATION. VOLUNTEER shall not be paid for services performed under this VOLUNTEER COORDINATOR AGREEMENT. VOLUNTEEER shall perform SCOPE OF WORK strictly as a VOLUNTEER and shall not request or require any form of oetary compensation from CITY or any participant of the program. (initials) 3. VOLUNTEER COORDINATOR. This A g r ement calls for the performance of the services of VOLUNTEER as an independent contractor and not as an employee of CITY. 4. INDEMNIFICATION. To the fullest extent permitted by law, VOLUNTEER shall indemnify, protect, defend 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, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney 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 agreement. All obligations under this provision are to be paid by VOLUNTEER as the CITY incurs them. PROMPT NOTICE. VOLUNTEER agrees to provide immediate notice to CITY of any claim or loss against VOLUNTEER arising out of the work performed under this VOLUNTER COORDINATOR 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. 5. 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 ordinate with VOLUNTEER to schedule a make-up date. . (initials) VOLUNTEER RESPO SIBILITY. 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. Programs that are cancelled or changed by VOLUNTEER M;6�� made up in a timely manner as approved by CITY. initials) 6. 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. 7. 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, or ancestry in the performance of this VOLUNTEER COORDINATOR 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, or ancestry. 8. NO ASSIGNMENT. VOLUNTEER shall not, under any circumstances, assign this VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) Please list any/all subcontractors you will hire for the term of this VOLUNTEER 1 COORDINATOR AGREEMENT. Name Address Phone Number Kathy Mallot 69051 Overlook Drive, Desert Hot Springs 760.671.6711 Ken Behrens 22 Club Drive, Palm Springs 760.328.1773 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. 9. 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 VOLUNTEER COORDINATOR AGREEMENT. 10. NOTICE. Notice shall be deemed given when VOLUNTEER contacts CITY COMMUNITY RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: Mary Francis Community Resources Department 18070 Langlois Rd. Space 246 City of La Quinta Desert Hot Springs, CA 92241 78495 Calle Tampico La Quinta, CA 92253 (initials) 11. DOCUMENTS. Any documents and marketing materials created by CONTRACTOR under this VOLUNTEER COORDINATOR AGREEMENT shall be submitted to CITY for approval prior to distribution. 12. MISCELLANEOUS. This VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT shall be a continuing waiver thereof. IN WITNESS WHEREOF, the parties hereto have caused this VOLUNTEER COORDINATOR AGREEMENT to be executed the day and year as first stated above. CITY OF LA QUINTA, Mary Francis COMMUNITY RESOURCES DEPARTMENT ("VOLUNTEER") ("CITY") Digitally signed APPROVED: by Chris Escobedo Date: 2017.09.14 By: 10:46:08-0700' Chris Escobedo Community Resources Director COUNTadGNED: APP3 VED: By: Signature 18070 Langlois Rd. Space 246 pesert Hot Springs, 92241 By:760.408.6286 Chr i a Calderon, Community Programs & Wellness Supervisor 4 Qa —GEM afd,, DUENT of La Quinta Community Resources Department Contract # 470401-17 VOLUNTEER COORDINATOR AGREEMENT This CONTRACT SERVICE AGREEMENT is hereby formed on JULY 1, 2017 through JUNE 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and DONNA SMITH, a person or business engaged in offering services ("VOLUNTEER") for Provision of Services to the City. CITY AND CONTRACTOR MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF WORK. The scope of work is described as: VOLUNTEER COORDINATOR FOR MAH JONGG OPEN PLAY 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 eattached as exhibits to this VOLUNTEER COORDINATOR AGREEMENT. (initials) 2. COMPENSATION. VOLUNTEER shall not be paid for services performed under this INSTRUCTOR AGREEMENT. VOLUNTEER shall perform SCOPE OF WORK strictly as a VOLUNTEER and shall not request or require any form of more to compensation from CITY or any participant of the program. (initials) PAYMENT TERMS. VOLUNTEER shall pay CITY a flat rate of $2.00 per person based on total amount of program participants. 3. VOLUNTEER COORDINATOR. This Agreement calls for the performance of the services of VOLUNTEER as an independent contractor and not as an employee of CITY. 4. INDEMNIF_ICATION. To the fullest extent permitted by law, VOLUNTEER shall indemnify, protect, defend 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, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney 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 agreement. All obligations under this provision are to be paid by" VOLUNTEER as the CITY incurs them. PROMPT NOTICE. VOLUNTEER agrees to provide immediate notice to CITY of any claim or loss against VOLUNTEER arising out of the work performed under this VOLUNTEER COORDINATOR 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. 5. 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 a no available facilities, CITY will cancel said program a ordinate with VOLUNTEER to schedule a make-up date. (initials) 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. Programs that are cancelled or changed by VOLUNTEER must be made up in a timely manner as approved by CITY. (initials) 6. 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. 7. 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, or ancestry in the performance of this VOLUNTEER COORDINATOR 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, or ancestry. 8. NO ASSIGNMENT. VOLUNTEER shall not, under any circumstances, assign this INSTRUCTOR AGREEMENT or its rights or duties without prior written authorization from CITY. Shout such authorization be granted, VOLUNTEER agrees to inform any subcontr to f all the stipulations of this VOLUNTEER COORDINATOR AGREEMENT. (initials) f Please list any/all subcontractors you will hire for the term of this VOLUNTEER COORDINATOR AGREEMENT. Name Address Phone Number Lucy Perricone 48810 Vista Estrella, La Quinta 626.688.3744 Lynn Draman 49420 Sherman Drive, Indio 760.220.7880 Subcontractors fisted above have been approved by the CITY to perform the SCOPE OF WORK. Additional subcontractors will require prior written approval from the CITY. 9. 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 VOLUNTEER AGREEMENT. 10. NOTICE. Notice shall be deemed given when VOLUNTEER contacts CITY COMMUNITY RESOURCES COORDINATOR or COMMUNITY PROGRAMS AND WELLNESS 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: Donna Smith 48554 Via Amistad La Quinta, CA 92253 Community Resources Department City of La Quinta 78495 Calle Tampico La Qui1Y,' 3 itials) 11. DOCUMENTS. Any documents and marketing materials created by VOLUNTEER under this VOLUNTEER COORDINATOR AGREEMENT shall be submitted to CITY for approval prior to distribution. 12. MISCELLANEOUS. This VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT shall be a continuing waiver thereof. IN WITNESS WHEREOF, the parties hereto have caused this VOLUNTEER COORDINATOR AGREEMENT to be executed the day and year as first stated above. CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") Digitally signed by APPROVED: C Chris Escobedo Date: 2017.09.14 By. 10:35:02-07'00' Chris Escobedo Comm it Resources Director CO T GNP By. Ch " ina Calderon, C unityPrrograms & Wellness Supervisor Donna Smith ("CONTRACTOR") 48554 Via Amistad La Quinta, CA 92253 760.972.4243 ta Qa�tta City of La Quinta ---GEM o;,,,rDESERT — - Community Resources Department Contract # 422901-17 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 STACY MISELL, 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: FITNESS (ZUMBA) 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 bi- annual basis. Work proposals, once a raved 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 60% of gross receipts collected to CONTRACTOR as compensation based upon the records and shall retain the remaining 40% 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 60% of gross fees to CONTRACTOR as compensation based upon the records and shall retain the remaining 40% 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 approved annual payroll calendar. Rev May 2015 1 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 in 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 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 by law, 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 Rev May 2015 2 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. 5. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original 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 and coordinate with CONTRACTOR pr ram 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 participants of the program. Programs that are cancelled or changed by COYRI CR 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. 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. Rev May 2015 3 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. 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. 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. 8. 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. Should such authorization be granted, CONTRACTOR agrees to inform �aQy subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. :', i\(initials) Rev May 2015 4 Please list any/all subcontractors you may hire for the term of this INSTRUCTOR AGREEMENT. Name _ Address f 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 RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: CONTRACTOR: Stacy Misell 46225 Verba Santa Drive #20 Palm Desert, CA 92260 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 (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 5 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") Digitally signed APPROVED: by Chris Escobedo Date: 2017.09.18 By. 08:27:00-07100T Chris Escobedo Community Resources Director ness Supervisor Stacy Misell ("CONTRACTOR") APPROVED: By: Signature 46225 Verba Santa Drive #20 Palm Desert, CA 92260 760-902-7771 Rev May 2015 — 1 DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 12/30/16 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 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 Bene-Marc Inc. NAME: ... dba Bene-Marc Athletic Insurance Agency CA # OE67789 PHONE A1'. Lv..Extl� (800) 247-1734 FAX c Na (8111 738-1811 6301 Southwest Blvd., Suite 101 napt:Ess: contact�bene-marc.com Fort Worth, TX 76132 INSURE S AFFORDING COVERAGE NAIC# _ INSURER A : Atlantic Specialty Insurance Company INSURED INSURERS. AXIS Global Accident & Health Southern California Municipal Athletic Federation PO Box 3605 INSURER C.: South El Monte, CA 91733 INsuREeD_ IN SU RER E : SCMAF Member: City of La Quinta rrasuReR F COVERAGES CERTIFICATE NUMBER: Cert#:9066-32189 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 SUBRI DCY EFF POLICY NUMBER . MMIM —POLICY LTR DDIYYYY LIMITS LT A GENERAL LIABILITY X COM7NERCIALGENERALLIABILITY CLAIMS -MADE �X OCCUR CP03256-05 12/31/2016 EACH OCCURRENCE 12/31/2017 OAMAGUIOR_t PHEMISE�IEa-oectrrenee],_.. MED EXP (Any one person) 1 $ 1,000,000.00 - $ 100+00�•�� $ 5,000.00 _ $ 1,000,000.00 X INCLUDES Participant X PERSONAL & ADV INJURY I Legal Liability Abuse or Molestation Coverage - GENERAL AGGREGATE $ 2,000,000.00 Each Incident Limit $250,000.00 Aggregate Limit $500,000 00 PRODUCTS-COMPIOP AGG Med Exp for Spectators GEN'L AGGREGATE LIMIT APPLIES PER: p(qp_ POLICY LOG $ 1,000,000.00 (Only AUTOMOBILE LIABILITY _ ODMBINEgSINGLE MIT tEa socVdenl)---- BODILY INJURY, (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Pm $ $ UMBRELLA LIAB EACH OCCURRENCEEXCESS AGGREGATE $ I:C.URC LIAB LAIMS-MADE $ DD p RETENTION $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIFTORIPARTNERIEKECUTIVE ❑ OFFICERIMEMBEREXCLUDED? (Mandatory in NHJ I NIA: E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ B : Excess Accident Medical SRPO-50256-243 12/31/20161 12/31/2017 Excess Medical Limit $10,000.00 Excess Medical Deductible: $0.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate Holder is Named as Additional Insured with respect to the operations of the Named Insured. Approved SCMAF Instructional Class Activities as reported and paid to the carrier. SCMAF Member: City of La Quinta I.GK 111-1L.A I C FIVLUI=M l.eR tF: 7000-JG 107 %,ANt r_LLA I IVN City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alisa Lynn Hall ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER CP03256-05 COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): 78495 Calle Tampico La Quinta, CA 92253 Name Of Person(s) Or Organization(s) (Additional Insured): City of La Quinta Additional Premium: $ Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations - A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CP03256-05 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided finder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of La Quinta Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 Hello Stacy, Below is your class information for May — September 2017. Please review and verify by typing your name and date on the lines below as soon as possible. 422901 Zumba Instructors: Stacy Misell Cost Da s Time Location $ Tuesday/Thursday 8:30-9:30am Wellness Center Multipurpose Room Sessions: 6/1-6/29; 9/5-9/28= $32 (8 classes) Session: 7/6-7/27= $28(7 classes) Session: 8/1-8/31= $36 (9 classes) (no class 5/25, 6/22, 7/6, 8/17, 9/28 due to event luncheon) Web Trac Brochure Info: The most awesome workout ever; dance to great music, with great people, and burn calories without even realizing it. Instructor Signature: Date r)/ R— L Signing this docL11116nt only verifies th t you have read and understand the ma#e hi within this document. This document sha not act as a contractual agreement between you and the City of La Quinta. 492603 Drop -in student fee $6 M 1 W '1a ?_ (v04 -fn s�U &J T`rl-� Kathleen Salcedo will return in October 2017. $4.00 per class per Stacy Hello Stacy, Below is your class information for October 2016 — April 2017. Please review and verify by typing your name and date on the lines below as soon as possible. 422902 Zumba Saturday Instructors: Stacy Misell Cost Days Time Location $ S 8:30 - 9:30am Wellness Center Multipurpose Room Sessions: 6/3-6/24; 8/5-8/26;7/8-7/29; 9/9-9/30 = $16 (4 classes) W Lt G - KAOLLC 2-1 Web Trac Brochure Info: The most awesome workout ever; dance to great music, with great people, and burn calories without even realizing it. Q , Instructor Signature: Date l Signing this document only verif estat you have read and unde stand the materia� within this document. This documen slnot act as a contractual agreement between you and the City of La Quinta. 494301 Drop -in student fee $6 Per class $4 ta (2�ra -- GEM ofrbr DESEKI' — -- MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 15, 2017 RE: Stacy Misell, Fitness Classes, #AGR422901-17, Instructor Attached for your signature is an agreement with independent contracted instructor Stacy Misell for (Zumba Dance) class(s). The instructor is compensated for teaching. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: X Contract payments will be charged to account number: 101-0000-42214 X Amount of Agreement, Amendment, Change Order, etc.: 60% 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: I N/A Approved by the City Council on April_18.2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement; X Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) X City of Lo Quinta Business License number LIC- Expires 762606 Exp. 3/31/2018 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 (Sandra) Revised May 2017 ta aw�tra MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 15, 2017 RE: Mary French, Quilting, #AGRQuilting17, Volunteer/Coordinator Attached for your signature is an agreement with Volunteer Mary French for (Class) Quilting Group. There is not compensation paid to the volunteer coordinator. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: N/A Contract payments will be charged to account number: N/A Amount of Agreement, Amendment, Change Order, etc.: 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 Wril 18 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following_required doapments_-are _attached to the agreement: N/A Insurance certificates as required by the agreement (approved by Risk Manager on date) 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 (Sandra) Revised May 2017 t(V Qa�&4J - -- GEMoftbeDESERT — - City of La Quinta Community Resources Department Contract # QUILTING17 VOLUNTEER COORDINATOR AGREEMENT This VOLUNTEER COORDINATOR AGREEMENT is hereby formed on JULY 1, 2017 through JUNE 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and MARY FRENCH, 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: VOLUNTEER COORDINATOR FOR QUILTING 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 VOLUNTEER COORDINATOR AGREEMENT. Lw.)- _ (initials) 2. COMPENSATION. VOLUNTEER shall not be paid for services performed under this VOLUNTEER COORDINATOR AGREEMENT. VOLUNTEEER 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. !'j'�a (initials) 3. VOLUNTEER COORDINATOR. This Agreement calls for the performance of the services of VOLUNTEER as an independent contractor and not as an employee of CITY. 4. INDEMNIFICATION. To the fullest extent permitted by law, VOLUNTEER shall indemnify, protect, defend 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, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney 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 agreement. All obligations under this provision are to be paid by VOLUNTEER as the CITY incurs them. PROMPT NOTICE. VOLUNTEER agrees to provide immediate notice to CITY of any claim or loss against VOLUNTEER arising out of the work performed under this VOLUNTER COORDINATOR 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. 5. 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. -)-)4 - (initials) 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. Programs that are cancelled or changed by VOLUNTEER must be made up in a timely manner as approved by CITY. -ate a- (initials) 6. 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. 7. 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, or ancestry in the performance of this VOLUNTEER COORDINATOR 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, or ancestry. 8. NO ASSIGNMENT. VOLUNTEER shall not, under any circumstances, assign this VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) Please list any/all subcontractors you will hire for the term of this VOLUNTEER COORDINATOR AGREEMENT. Name Address Phone Number— Tex-Ann R ►rr wi Ct -lam -70 3w s n 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. 9. 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 VOLUNTEER COORDINATOR AGREEMENT. 10. NOTICE. Notice shall be deemed given when VOLUNTEER contacts CITY COMMUNITY RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: Mary French 44675 Marguerite Ct La Quinta, CA 92253 CITY: Community Resources Department City of La Quinta La Quinta, CA 92253 lv � (initials) 11. DOCUMENTS. Any documents and marketing materials created by CONTRACTOR under this VOLUNTEER COORDINATOR AGREEMENT shall be submitted to CITY for approval prior to distribution. 12. MISCELLANEOUS. This VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT shall be a continuing waiver thereof. IN WITNESS WHEREOF, the parties hereto have caused this VOLUNTEER COORDINATOR AGREEMENT to be executed the day and year as first stated above. CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") Digitally signed by APPROVED: Chris Escobedo Date: 2017.09.18 08:21:57-07'00' By: Chris Escobedo Community Resources Director COUN R 7IGNE By: Chrk Calderon, tokuTruhQ1rograms & Wellness Supervisor Mary French ("VOLUNTEER") APPROVED: Signature^ / 44675 Marguerite Ct La Quinta, Co 92253 760.360.0621 Hello Mary, Below is your class information for October 2016— April 2017. Please review and verify by typing your name and date on the lines below as soon as possible. 000000 Quilting for Good Times Instructor: Mary French Cost Day/s Time Location No Fee Thursday 1— 3pm Art Room Sessions: July 1, 2017 through June 30, 2018 Web Trac Brochure Info: Quilting Group creates quilts for Children of Camp Ronald McDonald. Materials: Quilters Supply there materials. Instructor Signature: %Y!.ti /Z��p.1� Date Signing this document only Arifies that you have read and un erstand he material within this document. This document shall not act as a contractual agreement between you and the City of La Quinta. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. ta Qw�(ra -- GEM ofMe DESERI--- �uI au1[9l �1 ki 10110u1 TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 15, 2017 RE: Fitness Classes, Lucilla Berretto, #AGR4233O1-17, Instructor Attached for your signature is an agreement with independent contracted instructor Lucilla Berretto for (Pilates) class(s). Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as a prropriate: X Contract payments will be charged to account number: 101-0000-42214 X Amount of Agreement, Amendment, Change Order, etc.: 60% 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). A-uthority to execute thi agreement is based Won: N/A Approved by the City Council on April 18, 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The foilawing required documents are attached to the agreement; X Insurance certificates as required by the agreement (approved by Risk Manager on _ date) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC-764386 Expires 12/31/2017 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 (Sandra) Revised May 2017 tev Qa�fra City of La Quinta -- GEM ofthe DESERT — -- Community Resources Department Contract # 423301-17 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: 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 bi- annual basis. Work proposals, once approved 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 60% of gross receipts collected to CONTRACTOR as compensation based upon the records and shall retain the remaining 40% 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 60% of gross fees to CONTRACTOR as compensation based upon the records and shall retain the remaining 40% 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 approved annual payroll calendar. Rev May 2015 1 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 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 by law, 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 Rev May 2015 2 actively negl percentage of entire portion CITY. gent and where CITY's active negligence accounts for only a the liability involved, the obligation of CONTRACTOR will be for that or percentage of liability not attributable to the active negligence of 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. 5. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original 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 ro ram 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 participants of the program. Programs that are cancelled or changed by CONTRACTOR must be made up in a timely manner as approved by CITY. C . (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. 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. Rev May 2015 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. 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. 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 an`d 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. Should such authorization be granted, CONTRACTOR agrees to inform Gny subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. L - C, - (initials) Rev May 2015 4 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 RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS SUPERVISOR in person, via telephone call, email, fazed with a fax return, or seventy- two (72) hours after deposit in the United States mail postage prepaid, return receipt requested, addressed as follows: CONTRACTOR: Lucilla Beretta 79538 Dandelion La Quinta, CA 92253 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 (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 5 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") Digitally signed by APPROVED: Chris Escobedo y Date: 2017.09.18 By: 08:24:13-07'00' Chris Escobedo Community Resources Director COUNT 5 NED: r J By: Ch ' i Calderon, Ca nity Programs & Wellness Supervisor Lucilla Beretto ("CONTRACTOR") APPROVED - By: �LLAIL Signature 79538 Dandelion Drive La Quinta, CA 92253 760.925.6106 Rev May 2015 Hello Lucilla, Below is your class information for May - September 2017. Please review and verify by typing your name and date or) the lines below as soon as possible. 423301 Pilates Instructor: Lucilla Beretto Cost Da s Time Location W/F 9.304a 3- � rn Aerobics Room 9-1OarY1 ' Sessions: August pending; 9/1-9/29 = $54 (9 classes) Sessions: 6/2-6/28; 7/5-7/28; 4/5-4/28=$48 (8 classes) Sessions: 5/3-5/31= $48 (8 classes) (no class 5/26 per instructor) 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. Instructor Signature Date ��I Z'- 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. 493601 - Drop in $10 Monthly registrations equates to $6 per class. Hello Lucilla, Below is your class information for September 2017 — April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 423301 Pilates Instructor: Lucilla Beretto Cost Da s Time Location W/F 9-10am Aerobics Room Sessions:11/1-11/29; 12/1-12/29; 1/3-1/31 = $54 (9 classes) Sessions: 3/7-3/30; 4/4-4/27=$48 (8 classes) Sessions: 2/2-2/23= $42 (7 classes) Sessions: 9/1--6/29 = $36 (6 classes) (no class 9/15, 9/20, 9/22) The La Quinta Arts Festival utilizes the Wellness Center on Monday, February 26 through Monday, March 5. Please do not schedule classes during these days. 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. AInstructor Signature " _ _ Date (DZ _- 2=S - ( 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. 493601 - Drop in $10 Monthly registrations equates to $6 per class. CERTIFICATE OF LIABILITY INSURANCE DA�2/30/16 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 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 Bene-Marc Inc. .NAME:_ONE dba Bene-Marc Athletic Insurance Agency CA # OE67789 E o -Ext): (800) 247-1734 L[FHoy_(817) 738-1811 6301 Southwest Blvd., Suite 101 ADDRESS-. contact cr,bene-marc.com Fort Worth, TX 76132 1NSu S AFFORDING COVERAGE NAIC INSURER A : Atlantic Specialty Insurance Company INSURED kNSUR,g: AXIS Global Accident & Health Southern California Municipal Athletic Federation PO Box 3605 INSURERC: South El Monte, CA 91733 INspRERD: INSURER E SCMAF Member: City of La Quinta INSURER F - I r_r1VFRAr:9=C CFRTIFICATP NIIMRPR• Cert#• 9066-37IR9 RFVISInN NIIMRFR- 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. I -SR TYPE OF INSURANCE LI Wvp B POLICY NUMBER pWDD/YYYY PMLDDIYYYY LIMITS 7 A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 1 CLAIMS -MADE I X I OCCUR I CP03256-05 12/31/2016 12/31/2017 EACH OCCURRENCE $ 1,00Q000.00 $ 100,000.00 $ 5,000.00 REMISES (Ea_occurrenp MED EXP &y one person) PERSONAL & ADV INJURY $ 1,000,000.00 X INCLUDES Participant X GENERAL AGGREGATE $ 2,000,000.00 Legal Liability Abuse or Molestation Coverage - Each Incident Limit $250,000 00 Aggregate Limit $500,000 00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY P R_ LOC PRODUCTS -COMP/OP AGG $ I,000,000.00 Med Ex for S ectators itOnl AUTOMOBILE LIABILITY hfi81 LIMIT S r Ea acMden BODILY INJURY (Per person) ANY AUTO $ _ ALL OWNED AS AUTOS _ AUTOS NON -OWNED HIREDAUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE$ araccident $ UMBRELLA LIAR OCCUR HCLAIMS-MADE EACH OCCURRENCE $ $ EXCESS LIAB AGGREGATE $ DED ' I RETENTION $ WORKERS COMPENSATION I WC STATU- OTH- Y LIMITS AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L EACH ACCIDENT $ (Mandatory in NH) E.L DISEASE - EA EMPLOYE - $ If yes, describe under DESCRIPTJON OF OPERATIONS betaw $ E.L DISEASE - POLICY LIMIT B Excess Accident Medical SRPO-50256-243 12/31/20161 12/31/2017 Excess Medical Limit $1000.00 Excess Medical Deductible: $0.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate Holder is Named as Additional Insured with respect to the operations of the Named Insured. Approved SCMAF Instructional Class Activities as reported and paid to the carrier. SCMAF Member: City of La Quinta CERTIFICATE HOLDER Cert#: 9066-32189 CANCELLATION City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alisa Lynn Hall ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CP03256-05 COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): 78495 Calle Tampico La Quinta, CA 92253 Name Of Person(s) Or Organization(s) (Additional Insured): City of La Quinta Additional Premium Information required to $ Included ete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CP03256-05 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of La Quinta Information required to complete this Schedule. if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 ©insurance Services Office, Inc., 2008 Page 1 of 1 11 ta Qw�fra — G.,FAT ,,a [)ESEvr — MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 15, 2017 RE: Jeanne Chafont, Woodcarvers, #AGRWoodcarvers Volunteer/Coordinator Attached for your signature is an agreement with volunteer coordinator Jeanne Chafont for (Woodcarvers) open group. There is no compensation to the volunteer coordinator. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: N/A Contract payments will be charged to account number: N/A Amount of Agreement, Amendment, Change Order, etc.: 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 W5 agreement is based upon: X Approved by the City Council on April 18, 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $_ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The foliow__ n required documents are attached to the agreement: N/A Insurance certificates as required by the agreement (approved by Risk Manager on date) 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 (Sandra) Revised May 2017 ta Qw�frdj --GEM oft1vDF-M -- City of La Quinta Community Resources Department Contract # WOODCARVERS17 VOLUNTEER COORDINATOR AGREEMENT This VOLUNTEER COORDINATOR AGREEMENT is hereby formed on JULY 1, 2017 through JUNE 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and JEANNE CHAFONT, 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: VOLUNTEER COORDINATOR OF THE WOODCARVERS 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) 2. COMPENSATION. VOLUNTEER shall not be paid for services performed under this VOLUNTEER COORDINATOR AGREEMENT. VOLUNTEEER 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. (initials) 3. VOLUNTEER COORDINATOR. This Agreement calls for the performance of the services of VOLUNTEER as an independent contractor and not as an employee of CITY. 4. INDEM_NIFICATION.. To the fullest extent permitted by law, VOLUNTEER shall indemnify, protect, defend 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, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney 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 agreement. All obligations under this provision are to be paid by VOLUNTEER as the CITY incurs them. PROMPT NOTICE. VOLUNTEER agrees to provide immediate notice to CITY of any claim or loss against VOLUNTEER arising out of the work performed under this VOLUNTER COORDINATOR 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. 5. 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. (initials) 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. Programs that are cancelled or changed by VOLUNTEER must be made up in a timely manner as approved by CITY. (initials) 6. 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. 7. 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, or ancestry in the performance of this VOLUNTEER COORDINATOR 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, or ancestry. 8. NO ASSIGNMENT_. VOLUNTEER shall not, under any circumstances, assign this VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) Please list any/all subcontractors you will hire for the term of this VOLUNTEER COORDINATOR AGREEMENT. Name Address Phone Number Naomi Lewis 83721 Crest Ave, Indio, CA 92201 1760.347.1751 r Swa1=FORA 1 Sz F$s Avfi.�in4 NIAVA1,10 f -712':d---7i/- 93G3 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. 9. 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 VOLUNTEER COORDINATOR AGREEMENT. 10. NOTICE. Notice shall be deemed given when VOLUNTEER contacts CITY COMMUNITY RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: Jeanne Chafont 78365 Highway 111 PMB #433 La Quinta, CA 92247 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 �� (initials) 11. DOCUMENTS. Any documents and marketing materials created by CONTRACTOR under this VOLUNTEER COORDINATOR AGREEMENT shall be submitted to CITY for approval prior to distribution. 12. MISCELLANEOUS. This VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT shall be a continuing waiver thereof. IN WITNESS WHEREOF, the parties hereto have caused this VOLUNTEER COORDINATOR AGREEMENT to be executed the day and year as first stated above. CITY OF LA QUINTA, JEANNE CHAFONT COMMUNITY RESOURCES DEPARTMENT ("VOLUNTEER") ("CITY") APPROVED: Digitally signed by n p � � Chris Escobedo Date: 2017.09.18 By: 08:26:00-07'00' Chris Escobedo CommurAv Resources C1 rist" Md6ron,%D & lness Supervisor 0 APPROVED: By: `-1 Sign ture 78365 Highway 111 PMB #433 La Quinta, CA 92247 760.989.0614 ta Q�W - --- GENT c�Wye DEISI:RI' — MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 19, 2017 RE: Miguel Angel Rojas, Sports, #AGR431010-17, Instructor Attached for your signature is an agreement with independent contracted instructor Angel Rojas for (Taekwondo) class(s). There is compensation to instructor. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: 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: N/A Approved by the City Council on April 18, 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the a%regiment: X Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC-0107598 Expires 6-30-2018 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 (Sandra) Revised May 2017 ta Qa�tra City of La Quanta GEM oftheDESEWr — - Community Resources Department Contract # 431010-17 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 MIGUEL ANGEL ROJAS, 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: SPORTS 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 bi- annual basis. Work proposals, once approved 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 approved annual payroll calendar. Rev May 2015 1 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 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 by law, 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 Rev May 2015 2 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. 5. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original 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 pro ram 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 participants of the program. Programs that are cancelled or changed by CONTRACTOR must be made up in a timely manner as approved by CITY. (initials) 1 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. 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. Rev May 2015 3 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. 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. 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. 8. 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 authorization from CITY. Should such agrees to inform any subcontractor of AGREEMENT. (initials) rights or duties without prior written authorization be granted, CONTRACTOR all the stipulations of this INSTRUCTOR Rev May 2015 Please list any/all subcontractors you may hire for the term of this INSTRUCTOR AGREEMENT. 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 RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: CONTRACTOR: CITY: Miguel Angel Rojas Community Resources Department 41098 Manchester City of La Quinta La Quinta, CA 92253 78495 Calle Tampico La Quinta, CA 92253 (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 5 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, Miguel Angel Rojas COMMUNITY RESOURCES DEPARTMENT ("CONTRACTOR") ("CITY') Digitally signed by Chris APPROVED: (2,k- -5D Escobedo APPROVED: Date: 2017.09.21 12:26:42-07'00' By: By: Christopher Escobedo Signature Community Resources Director 41098 Manchester Indio, CA 92203 760.673.6760 COUNTERS NED: WUo By: G I(LChristina alderon, Ca ms & Wellness Supervisor Rev May 2015 A V CERTIFICATE OF LIABILITY INSURANCE DATE (MM DD YYYY) 11%—� 1 09/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE t:EK I IFIUA I E HOLIJEK. I HIJ 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 sNSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. tf 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 endorsements . PRODUCER CONTACT NAME: Mass Merchandising Underwriting K&K Insurance Group, Inc. PHONE-B00-648-6406 AIC 1-260-459-5940pNo Exl 1Nn ; 1712 Magnavox WayE-MAIL Fort Wayne IN 46804 ADDRESS, info@ mad I alartsi ns urance-kk,com INSURED Rojas, Angel Jr. DBA: Rojas TKD 52110 Avenida Martinez La Quinta, CA 92253 A Member of the Sports, Leisure & Entertainment RPG INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Nationwide Mutual Insurance Company 23787 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: CAVFRAr;FS CERTIFICATE NUMBER, W01105354 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMID MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X 6BMAS0000006030700 07/10/2017 07/10/2018 EACH OCCURRENCE $1.000,000 CLAIMS MADE 7X occuR 3:45 PM EDT 12:01 AM PREMISES [Ea Occurrence) $500,000 MED I (Any one person) $5,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS —COMP/OPAGG $1,000,000 POLICY ❑ PRO- ❑ LOC JECT PROFESSIONAL LIABILITY $1,000,000 OTHER: LEGAL LAB TO PARTICIPANTS $1,000,000 A AUTOMOBILE LIABILITY AUTO 6BMAS0000006030700 07/10/2017 3:45 PM EDT 07/10/2018 12:01 AM COMBINED =717TIMM— Ea accident $1,000,000 BODILY INJURY (Per person) 1ANY OWNED AUTOS SCHEDULED ONLY AUTOS BODILY INJURY (Per accident) Per accident) HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY X NOT PROVIDED WHILE IN HAWAII UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DIED n RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N/A PER OTHER STATUTE ANY PROPRIETOR/PARTNER/ Y / N E L EACH ACCIDENT EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE —EA EMPLOYEE E.L. DISEASE —POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BMAS0000006030700 07/10/2017 07/10/2018 PRIMARY MEDICAL 3:45 PM EDT 12:01 AM EXCESS MEDICAL $150,000 DESCRIPTON OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Location #1: 78450 Avenida La Fonda, La Quinta, California 92253 Martial Arts style(s): Taekwondo The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured. CERTIFICATE HOLDER CANCELLATION City of La Quinta SHOULD ANY OF THE ABOVE DE CRIBED POLICIES BE CANCELLED BE ORE 78450 Avenica La Fonda THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN La Quinta, CA 92253 ACCORDANCE WITH THE POLICY PROVISIONS. (Owner/Lessor of Premises) AUTHORIZED REPRESENTATIVE Coverage is only extended to U.S. events and activities. NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6BMAS0000006030700 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of La Quinta 78450 Avenida La Fonda La Quinta, CA 92253 Insured: Rojas, Angel Jr. DBA: Rojas TKD Cert # 765 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Hello Angel, Below is your class information for October 2017 — April 2018. Please review and verify by typing your name and dating the lines below: Taekwondo Master Instructor: Angel Rojas #430101 _Cost Day/s Time/s Level _ Location M/W 5-6pm Beginning Class- White Belts (4-8yrs) #430102 Cost Dayls Time/s Level Location M/W 6-7pm Intermediate Class —Yellow/ Orange Belts (4-8yrs) #430103 Cost Da s Times Level Location M/W 7-8pm All Belts (9-up) Sessions: 2/5-2/28; 3/5-3/28 = $50 (8 classes) Sessions: 1/3-1/31; 4/2-4/30 = $56.25 (9 classes) Holidays are January 1, January 15, and February 12, February 21— make- up dates. February 21 an activity will be taking place in the multipurpose room. Taekwondo: Master Instructor Angel Rojas Train in traditional Tae Kwon do that includes self -development, physical and mental conditioning, Sportsmanship, self-defense, integrity, discipline, and world class competition. Contact Chief Instructor: Angel Rojas at 760-673-6760 for more information. Materials to Bring: Uniforms purchased from instructor Instructor Signature: Date 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. The La Quinta Arts Festival utilizes the Wellness Center on Monday, February 26 through Monday, March 5. Please do not schedule classes during these days. If paying monthly the per day fee is $6.25 Drop in fee $8.00 t6.1 GiKkV - ---- GEM oftbr DESEWY — MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 21, 2017 RE: S. Keith Sparkman, Leisure, #AGR414901-17, Instructor Attached for your signature is an agreement with independent contracted instructor S. Keith Sparkman for Computer Classes. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: X Contract payments will be charged to account number: 101-0000-42214 X Amount of Agreement, Amendment, Change Order, etc.: 60% 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 teased upon: X Approved by the City Council on April 18, 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The f lhawing.re.quired documents are attached to the agreement; X Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) X City of La Quints Business License number LIC-764412 EXP 12/31/2017 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 (Sandra) Revised May 2017 ta a�a GEM ofthe DESERT — City of La Quinta Community Resources Department Contract # 414901-17 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 S. KEITH SPARKMAN, 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: LEISURE (Computer) 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 bi-annual basis. Work proposals, once approved 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 60% of gross receipts collected to CONTRACTOR as compensation based upon the records and shall retain the remaining 40% 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 60% of gross fees to CONTRACTOR as compensation based upon the records and shall retain the remaining 40% 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 Rev May 2015 1 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 approved 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 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 PIERS 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 by law, 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 Rev May 2015 2 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 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 ro ram and coordinate with CONTRACTOR to schedule a make-up date. V (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 ❑r than ed by CONTRACTOR. CONTRACTOR will be solely responsible to contact any an all participants of the program. Programs that are cancelled or chap ed chain 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. 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. Rev May 2015 3 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. 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. 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. 8. 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. Should such authorization be granted, CONTRACTOR agrees to inform any subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. (initials) T Please list any/all subcontractors you may hire for the term of this INSTRUCTOR AGREEMENT. Name Address Phone Number ........... --- - - Rev May 2015 4 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 RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: CONTRACTOR: S. Keith Sparkman 45924 Abronia Trail Palm Desert, CA 92260 CITY: Community Resources Department City of La Quinta a Quinta, CA 92253 _�O_(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. 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, S. Keith Sparkman COMMUNITY RESOURCES DEPARTMENT ("CONTRACTOR") ("CITY") Rev May 2015 5 Digitally signed by APPROVED: Chris Escobedo Date: 2017.09.21 16:39:58-07'00' By: Chris Escobedo Community Resources Director Rev May 2015 APPROVED: Signature 45924 Abronia Trail Palm Desert, CA 92260 760.333.6104 AC 1Q " CERTIFICATE OF LIABILITY INSURANCE DA 12/30/16 ) �-- 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 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 Bene-Marc Inc. NAME: dba Bene-Marc Athletic Insurance Agency CA # OE67789 '"ONE Nn(800) 247-1734 Nol; (8) 7) 738-1811 6301 Southwest Blvd., Suite 101 Ap contactAbene-marc.com Fort Worth, TX 76132 INSURE S AFFORDING COVERAGE NAIL# INSURER A: Atlantic Specialty Insurance Company INSURED INSURER B : AXIS Global Accident & Health Southem California Municipal Athletic Federation PO Box 3605 INSURER C : South El Monte, CA 91733 INSURERD. _ SCMAF Member: City of La Quinta INSURER E - - INSURER F : COVERAGES CERTIFICATE NUMBER: Cert #: 9066-32189 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 P EFF POLICY EXP TR TYPE OF INSURANCE POLICY NUMBER D/YYYY MMIDpryYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X INCLUDES Participant I X CP03256-05 12/31/2016 12/31/2017 EACH OCCURRENCE AGtT0-REN7Et1 F,2mmrp,,3c�) MED EXP (Any one rsoR) $ 1000,000.00 $ 100,000.00 $ 5,000.00 PERSONAL & ADV INJURY $ 1,00Q000.00 Legal Liability GENERAL AGGREGATE $ 2,000,000.00 Abuse or Molestation Coverage - Each Incident Limit $250,000.00 Aggregate Limit $500,000.00. GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JPECT LoC PRODUCTS - COMP/OP AGG $ 1,000,000.00 Med Exp for Spectators 0nl AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Es $ BODILY INJURYI(Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS j NON -OWNED HIRED AUTOS _ , AUTOS BODILY INJURY (Per accident) S PR PERTY OAMA E Per $ $ UMBRELLA LVaB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A I V1C STATU- I 10-TH- I Q -LI $ E.L EACH ACCIDENT (Mandatory in NH) EL DISEASE - EA EMPLOYE $ if DES, describe tinder CRIPTTIION OF OPERATIONS below [ $ EL. DISEASE - POLICY LIMIT B Excess Accident Medical SRPO-50256-243 = 12/31/2016 12/31/2017 Excess Medical Limit $10,000.00 Excess Medical Deductible: $0.00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate Holder is Named as Additional Insured with respect to the operations of the Named Insured. Approved SCMAF Instructional Class Activities as reported and paid to the carrier. SCMAF Member: City of La Quinta GImH I IHIt:A I t HVLUtK I.erL Ir: YUoo-_1L15Y L:AN"LLA I IVN City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alisa Lynn Hall 0,6 �.lb @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CP03256-05 COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR ,LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): 78495 Calle Tampico La Quinta, CA 92253 Name Of Persori(s) Or Organization(s) (Additional Insured): City of La Quinta Additional Premium: $ Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf. of the person(s) or organization(s) shown in the Schedule. However. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the ` contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 1104 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CP03256-05 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided finder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of La Quinta Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 0 ta Qw�l� — GEM ofMe € ESER1' TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 19, 2017 RE: Mona Russell, Social Services, AGR#470207-17, Volunteer/Coordinator Attached for your signature is an agreement with Mona Russell Volunteer/Coordinator Social Bridge Group. Volunteer does not receive compensation. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: N/A Contract payments will be charged to account number: N/A Amount of Agreement, Amendment, Change Order, etc.: 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 A ril 18 2 17 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following�uired documents are attached to the agreement; N/A Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) N/A City of Lo 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 emoiled to Finance (Sandra) Revised May 2017 t(V Qat(V -- -- GEM ofthe DESERT --- City of La Quints Community Resources Department Contract # 470201-17 VOLUNTEER COORDINATOR AGREEMENT This CONTRACT SERVICE AGREEMENT is hereby formed on JULY 1, 2017 through JUNE 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and MONA RUSSELL, 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: VOLUNTEER COORDINATOR OF SOCIAL BRIDGE PLAY 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 VOLUNTEER COORDINATOR AGREEMENT. -(initials) 2. COMPENSATION. VOLUNTEER shall not be paid for services performed under this VOLUNTEER COORDINATOR 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. ,L: j^f'--(initials) PAYMENT TERMS. VOLUNTEER shall pay CITY a flat rate of $2.50 per person based on total amount of program participants 3. VOLUNTEER COORDIhiATOR._ This Agreement calls for the performance of the services of VOLUNTEER as an independent contractor and not as an employee of CITY. 4. INDEMNIFICATION. To the fullest extent permitted by law, VOLUNTEER shall indemnify, protect, defend 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, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney 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 agreement. All obligations under this provision are to be paid by VOLUNTEER as the CITY incurs them. PROMPT NOTICE. VOLUNTEER agrees to provide immediate notice to CITY of any claim or loss against VOLUNTEER arising out of the work performed under this VOLUNTEER COORDINATOR 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. 5. 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..,/-- initials) 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. Programs that are cancelled or changed by VOLUNTEER must Eye made up in a timely manner as approved by CITY. (initials) 6. 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. 7. 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, or ancestry in the performance of this VOLUNTEER COORDINATOR 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, or ancestry. 8. NO ASSIGNMENT. VOLUNTEER shall not, under any circumstances, assign this VOLUNTEER COORDINATOR 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 VOLUNTER COORDINATOR AGREEMENT. -� (initials) Please list any/all subcontractors you will hire for the term of this VOLUNTEER COORDINATOR AGREEMENT. Name Address Phone Number ` Jackie Sherinian 78084 Calle Norte, La' Quinta, CA 92253 760.564.8228 Marilyn Tachek 82325 Cochran Drive, Indio 92201 760.625.1285 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. 9. 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 VOLUNTEER COORDINATOR AGREEMENT. 10. NOTICE. Notice shall be deemed given when VOLUNTEER contacts CITY COMMUNITY RESOURCES COORDINATOR or COMMUNITY PROGRAMS & 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: Mona Russell 49881 Maclaine Street Indio, CA 92201 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 _'"Ninitials) 11. DOCUMENTS. Any documents and marketing materials created by CONTRACTOR under this VOLUNTEER COORDINATOR AGREEMENT shall be submitted to CITY for approval prior to distribution. 12. MISCELLANEOUS. This VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT shall be a continuing waiver thereof. IN WITNESS WHEREOF, the parties hereto have caused this VOLUNTEER COORDINATOR AGREEMENT to be executed the day and year as first stated above. CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") APPROVED: 01C By: Chris Escgpedo Com�u i y Resources COI�tV F2�IC[�: ChWift Calderon w Community Resources Analysts Digitally signed by Chris Escobedo Date: 2017.09.21 16:46:29-07'00' MONA RUSSELL ("VOLUNTEER") APPROVED: ByLQ� Signature 49891 Maclaine Street Indio, CA 92201 760.772.0205 W Qai�tra -- GEM ofehe DESERr— City of La Quinta Community Resources Department Contract # PUTTINGFORFUN17 VOLUNTEER COORDINATOR AGREEMENT This VOLUNTEER COORDINATOR AGREEMENT is hereby formed on JULY 11 2017 through JUNE, 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and CAROLINE STANFIELD, 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: VOLUNTEER COORDINATOR FOR PUTTING 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) 2. COMPENSATION. VOLUNTEER shall not be paid for services performed under this VOLUNTEER COORDINATOR AGREEMENT. VOLUNTEEER 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 programer- ' (initials) 3. VOLUNTEER COORDINATOR._ This Agreement calls for the performance of the services of VOLUNTEER and not as an employee of CITY. 4. INDEMNIFICATION. To the fullest extent permitted by law, VOLUNTEER shall indemnify, protect, defend 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, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney 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 agreement. All obligations under this provision are to be paid by VOLUNTEER as the CITY incurs them. PROMPT NOTICE. VOLUNTEER agrees to provide immediate notice to CITY of any claim or loss against VOLUNTEER arising out of the work performed under this VOLUNTER COORDINATOR 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. 5. 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. L' `� (initials) 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. �,: � (initials) 6. 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. 7. 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, or ancestry in the performance of this VOLUNTEER COORDINATOR 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, or ancestry. 8. NO ASSIGNMENT. VOLUNTEER shall not, under any circumstances, assign this VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) Please list any/all subcontractors you will hire for the term of this VOLUNTEER COORDINATOR AGREEMENT. I Name I Address I Phone Number i Michael Weems 144950 Vista Dunes Lane Apt. 63 1 (760)459-9560 1 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. 9. 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 VOLUNTEER COORDINATOR AGREEMENT. 10. NOTICE. Notice shall be deemed given when VOLUNTEER contacts CITY COMMUNITY RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: Caroline Stanfield 606 Vista Lago Circle Palm Desert, CA 92260 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 �= S (initials) 11. DOCUMENTS. Any documents and marketing materials created by CONTRACTOR under this VOLUNTEER, COORDINATOR AGREEMENT shall be submitted to CITY for approval prior to distribution. 12. MISCELLANEOUS. This VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT shall be a continuing waiver thereof. IN WITNESS WHEREOF, the parties hereto have caused this VOLUNTEER COORDINATOR AGREEMENT to be executed the day and year as first stated above. CITY OF LA QUINTA, Caroline Stanfield COMMUNITY RESOURCES DEPARTMENT ("VOLUNTEER") ("CITY") Digitally signed by bl058350-86e6-408 APPROVED: 01C 15�a6ed-947e59c8e57c Date: 2017.09.26 By: 16:29:45-07'00' Chris Escobedo, Community Resources Director COUNTERSIGNED Digitally signed by Christina ��,// Calderon ��IIIV//��✓///�����G a� email=ttalderon@la-quinta.org, r—US By: Christina Calderon Community Resources Analyst APPROVED: By: &Z, Signature 606 Vista Logo Circle Palm Desert, CA 92260 760.619.2955 Hello Caroline, Below is your class information for October 2016— April 2017. Please review and verify by typing your name and date on the lines below as soon as possible. 000000 PUTTING FOR FUN Instructor: Caroline Stanfield Cost Day/s Time Location 10am -12pm Putting Campus Area Sessions: October 2017 through April 2018 (Caroline Stanfield is absent in October and December) Web Trac Brochure Info: Friendly group of golf players utilizing the 9 hole putting area. Golf equipment is supplied by the Wellness Center. Instructor Signature: Date 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. ta Qa�fra - -- GEM ofFGr DFSEK1' — MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 25, 2017 RE: Caroline Stanfield, Putting for Fun, #AGRPuttingforfunl7 Volunteer/Coordinator Attached for your signature is an agreement with Volunteer Caroline Stanfield for (Open Group) Putting for Fun. There is not compensation paid to the volunteer coordinator. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: N/A Contract payments will be charged to account number: N/A Amount of Agreement, Amendment, Change Order, etc.: 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 a.reement is based upon: X Approved by the City Council on'April_18.2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attache to the agreement: N/A Insurance certificates as required by the agreement (approved by Risk Manager on date) 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 (Sandra) Revised May 2017 ta Qa�fra - -- GEM ofFGr DFSEK1' — MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 25, 2017 RE: Caroline Stanfield, Putting for Fun, #AGRPuttingforfunl7 Volunteer/Coordinator Attached for your signature is an agreement with Volunteer Caroline Stanfield for (Open Group) Putting for Fun. There is not compensation paid to the volunteer coordinator. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: N/A Contract payments will be charged to account number: N/A Amount of Agreement, Amendment, Change Order, etc.: 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 a.reement is based upon: X Approved by the City Council on'April_18.2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attache to the agreement: N/A Insurance certificates as required by the agreement (approved by Risk Manager on date) 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 (Sandra) Revised May 2017 W Qai�tra -- GEM ofehe DESERr— City of La Quinta Community Resources Department Contract # PUTTINGFORFUN17 VOLUNTEER COORDINATOR AGREEMENT This VOLUNTEER COORDINATOR AGREEMENT is hereby formed on JULY 11 2017 through JUNE, 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and CAROLINE STANFIELD, 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: VOLUNTEER COORDINATOR FOR PUTTING 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) 2. COMPENSATION. VOLUNTEER shall not be paid for services performed under this VOLUNTEER COORDINATOR AGREEMENT. VOLUNTEEER 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 programer- ' (initials) 3. VOLUNTEER COORDINATOR._ This Agreement calls for the performance of the services of VOLUNTEER and not as an employee of CITY. 4. INDEMNIFICATION. To the fullest extent permitted by law, VOLUNTEER shall indemnify, protect, defend 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, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney 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 agreement. All obligations under this provision are to be paid by VOLUNTEER as the CITY incurs them. PROMPT NOTICE. VOLUNTEER agrees to provide immediate notice to CITY of any claim or loss against VOLUNTEER arising out of the work performed under this VOLUNTER COORDINATOR 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. 5. 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. L' `� (initials) 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. �,: � (initials) 6. 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. 7. 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, or ancestry in the performance of this VOLUNTEER COORDINATOR 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, or ancestry. 8. NO ASSIGNMENT. VOLUNTEER shall not, under any circumstances, assign this VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) Please list any/all subcontractors you will hire for the term of this VOLUNTEER COORDINATOR AGREEMENT. I Name I Address I Phone Number i Michael Weems 144950 Vista Dunes Lane Apt. 63 1 (760)459-9560 1 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. 9. 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 VOLUNTEER COORDINATOR AGREEMENT. 10. NOTICE. Notice shall be deemed given when VOLUNTEER contacts CITY COMMUNITY RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: Caroline Stanfield 606 Vista Lago Circle Palm Desert, CA 92260 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 �= S (initials) 11. DOCUMENTS. Any documents and marketing materials created by CONTRACTOR under this VOLUNTEER, COORDINATOR AGREEMENT shall be submitted to CITY for approval prior to distribution. 12. MISCELLANEOUS. This VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT shall be a continuing waiver thereof. IN WITNESS WHEREOF, the parties hereto have caused this VOLUNTEER COORDINATOR AGREEMENT to be executed the day and year as first stated above. CITY OF LA QUINTA, Caroline Stanfield COMMUNITY RESOURCES DEPARTMENT ("VOLUNTEER") ("CITY") Digitally signed by bl058350-86e6-408 APPROVED: 01C 15�a6ed-947e59c8e57c Date: 2017.09.26 By: 16:29:45-07'00' Chris Escobedo, Community Resources Director COUNTERSIGNED Digitally signed by Christina ��,// Calderon ��IIIV//��✓///�����G a� email=ttalderon@la-quinta.org, r—US By: Christina Calderon Community Resources Analyst APPROVED: By: &Z, Signature 606 Vista Logo Circle Palm Desert, CA 92260 760.619.2955 Hello Caroline, Below is your class information for October 2016— April 2017. Please review and verify by typing your name and date on the lines below as soon as possible. 000000 PUTTING FOR FUN Instructor: Caroline Stanfield Cost Day/s Time Location 10am -12pm Putting Campus Area Sessions: October 2017 through April 2018 (Caroline Stanfield is absent in October and December) Web Trac Brochure Info: Friendly group of golf players utilizing the 9 hole putting area. Golf equipment is supplied by the Wellness Center. Instructor Signature: Date 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 28, 2017 RE: Dr. Elaine Millam, Leisure Workshop, #AGR415501-17, Instructor Attached for your signature is an agreement with independent contracted instructor Dr. Elaine Millam for (Death Makes Life Possible) Workshop. There is compensation paid to instructor. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate X Contract payments will be charged to account number: 101-0000-42214 N/A Amount of Agreement, Amendment, Change Order, etc.: 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 agrreement_isbased_apon: X Approved by the City Council on April_18.2-Q 7 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $, and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following -required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC #0103305 Expires 1/31/2018 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 (Sandra) Revised May 2017 ta QW�Kra — GFMof<<,eDF_SE:K.Y — City of La Quinta Community Resources Department Contract # 415501-17 INSTRUCTOR AGREEMENT This INSTRUCTOR AGREEMENT is hereby formed on JULY 1, 2017 through JUNE 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DE-PARVi TENT ("CITY") and Dr. Ela;lie Millain, a person or business engaged 11-1 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: Workshop (Death Makes Life Possible) 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 bi-annual basis. Work proposals, once,,approved 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 60% of gross receipts collected to CONTRACTOR as compensation based upon the records and shall retain the remaining 40% 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 60% of gross fees to CONTRACTOR as compensation based upon the records and shall retain the remaining 40% 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 Rev May 2015 - 1 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 approved 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 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 by law, 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") f vi.�. %-n:' Ggainst any and 0 liaNlity, r1a;MS, 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 Rev May 2015 2 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 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 program and coordinate with CONTRACTOR to schedule a make-up date. i') t (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 participants of the program. Programs that are cancelled or changed by CONTRACTOR must be made up in a timely 1 is ner as approved by CITY. &9 nL- (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. Rev May 2015 3 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. 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. 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. The additional insured endorsement shall expressly name CITY, its officers, and employees aF, 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. 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. 8. 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 ❑ISCRIMINATION. 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 Rev May 2015 4 authorization from CITY. Should such authorization be granted, CONTRACTOR agrees to inform 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. Subcontractors listed above have been approved by CITY to perform the scope of work, as provided in Section 1. Addltionol 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 RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: CONTRACTOR: Dr. Elaine Millam 48-609 Calle Esperanza La Quinta, CA 92253 CITY: Community Resources Department City of La Quinta La QUinta, CA 9222733 (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 5 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") Digitally signed by b1058350-86e6-408 APPROVED: 5- a6ed-947e59c8e57c Date: 2017.10.03 By: _ ^ _ 09705:42-07'00' Chris Escobedo Community Resources Director Community Resources Analyst Dr. Elaine Millam ("CONTRACTOR") F"T• By:Q�. Signature 48-609 Calle Esperanza La Quinta, CA 92253 760-512-0142 Rev May 2015 Hello Dr. Millam, Below is your class information for October 2017— April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 415501 Death Makes Life Possible Instructor: Dr. Elaine Millam s Time Location 2:00 — 4:00pm Leisure Room Sessions: 10/24 —11/28 = $25 (6 weeks) Web Trac Brochure Info: This workshop program is based on a study guide & documentary produced by Marilyn Schlitz and others at the Institute of Noetic Sciences. The documentary and subsequent program introduces you to many widely acclaimed researchers from a wide variety of fields. We learn from eminent scientists and health practitioners while you are invited to explore your own worldviews about life and death. To register please call 760.512.0142. Six week workshop includes the following: Introduction to Death Makes Life Possible Cycle of Life and Consciousness The Evidence and the Afterlife Gifts of Life and Death Honoring Life; Ways of Coping Conquest of Death Materials: Instructor Signature: Date 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2017. Dr. Elaine Millam, a La Quinta resident, will facilitate this 6-week workshop. She has extensive experience in leading small group dialogues & retreats. She has been a leader in the corporate world as a HR executive and has her own consulting practice. She is President of her own no -profit organization called Graceful Passages focusing on transforming the fear of death into inspired living. DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/30/16 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 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 Bene-Marc Inc. NAME; - - dba Bene-Marc Athletic Insurance Agency CA # OE67789 rAaIL�• Fao)a (800) 247-1734 FAQ No): 817) 738-1811 6301 Southwest Blvd., Suite 101 ADDRESS: contact a,bene-marc.com Fort Worth, TX 76132 INSURE S AFFORDING COVERAGE NAIC N INSURER A : Atlantic Specialty Insurance Company INSURED INSURERe: AXIS Global Accident & Health Southern California Municipal Athletic Federation — PO Box 3605 INSURER C ; South El Monte, CA 91733 INSURER D ; INSURER E : SCMAF Member: City of La Quinta INSURER F : CnVFRAC,FS CFRTIFICATF NIIMRFR- Cert #- 90FF-'i21R9 RFVIAIAN NI IMRFR- 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 ADOLTYPE OF INSURANCE JNSR 8R POLICY NUMPER MMIDD CY EFF. PAUDDI ERP LIMITS LTR WvQ A GENERAL LIABILITY !! X ! COMMERCiALGENERALLIABILITY CLAIMS -MADE I t. l OCCUR CP03256-05 12/31/2016 12/31/2017 EACH OCCURRENCE $ I,000,000.00 I'Rl��+Ael $ 100,000.00 MED EXP (Any one person) $ . 5,000.00 PERSONAL& ADV INJURY $ 1,000,000.00 X INCLUDES Participant X Legal Liability Abuse or Molestation Coverage - GENERAL AGGREGATE $ 2,000,000.00 Each Incident Limit $250,000 00 Aggregate Limit $500,000 00. �GINLAGGREGATELIMITAPPLIESPER: POLICY F 7 pR . — LpC PRODUCTS - COMP/OP AGG $ 1,000,000.00 Med Exp for Spectators Only AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT LEa AcVden I-...__.........._... BODILY INJURY (Per person) $ ANY AUTO _ ALL OWNED SCHEDULED _ AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE accident $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ _ AGGREGATE EXCESS LIAB CLAIMS -MADE PEP I RETENTION $ $ WORKERS COMPENSATION , VVCSTATU- OTH- AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L.EACH ACCIDENT $ - E.L.DISEASE - EA EMPLOYE (Mandatory in NH) $ If yes, describe under DESCRIPTION OF OPERATIONS below — $ E.L. DISEASE - POLICY LIMIT B Excess Accident Medical , I SRPO-50256-243 12/31/2016 12/31/2017 Excess Medical Limit $10,000.00 Excess Medical Deductible: $0.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate Holder is Named as Additional Insured with respect to the operations of the Named Insured. Approved SCMAF Instructional Class Activities as reported and paid to the carrier. SCMAF Member: City of La Quinta CERTIFICATE HOLDER Cert #: 9066-32189 CANCELLATION City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alisa Lynn Hall ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CP03256-05 COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): 78495 Calle Tampico La Quinta, CA 92253 Name Of Person(s) Or Organization(s) (Additional Insured): City of La Quinta Additional Premium: $ Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 11 04 13 ©insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CP03256-05 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of La Quinta Information required to complete this Schedule. if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ ta 0�W — — GENT n/'rbeDESEKY — -- MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 28, 2017 RE: Teresa Shiry, Leisure Classes, #AGR413301-17, Instructor Attached for your signature is an agreement with independent contracted instructor Teresa Shiry for (Ballroom Dance) class(s). Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below_ as appropriate: 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: N/A Approved by the City Council on April 18, 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $__ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) X City of Lo Quints Business License number LIC- Expires 762606 Exp. 3/31/2018 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 (Sandra) Revised May 2017 ta at/ City of La Quinta ---GEMofth,DESERf— - Community Resources Department Contract # 413301-17 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 TERESA SHIRY, 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: LEISURE (BALLROOM DANCE) 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 bi-annual basis. Work proposals, once p rived 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 approved annual payroll calendar. Rev May 2015 1 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 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 by law, 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.. Ail 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 Rev May 2015 Z 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. 5. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original 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 ailable. If there are no available facilities, CITY will cancel said pro and coordinate with CONTRACTOR to schedule a make-up dafi__ (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 participants of the program. Programs that are cancelled or changed by CON T OR must be made up in a timely manner as approved by CIT . (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. 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. Rev May 2015 3 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. 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. 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. 8. 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. Should such authorization be granted, CONTRACTOR agrees to inform/Mysubcontractor of all the stipulations of this INSTRUCTOR AGREE (initials) Rev May 2015 a 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. 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 some shall riot be construed as a limitation of CONTRACTOR's obligation to indemnify CITY, its officers, employees, contractors, subcontractors, or agents. 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 Quinto Business License must be provided to the Community Services Department within five (5) business days of receipt. 8. 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 ❑ISCRIMINATION. 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. Should such authorization be granted, CONTRACTOR agrees to inform 6,Wy subcontractor of all the stipulations of this INSTRUCTOR AGREE (initials) Rev May 2015 4 Please list any/all subcontractors you may hire for the term of this INSTRUCTOR AGREEMENT. Name I Address J Phone Number I 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 RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: CONTRACTOR: Teresa Shiry 42390 Avenida Velasco La Quinta, CA 92253 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico QWA 92253 itials) 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 maybe 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 5 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") Digitally signed by APPROVED: b1058350-86e6-4085- a6ed-947e59c8e57c Date: 2017.10.03 By: 09:09:23-07'00' Chris Escobedo Community Resources Director COUNTERSIGNED: By: _ ( , /Z a el, / V t Chris�rna Calderon, Coiflmun & Wellness Supervisor Teresa Shiry ("CONTRACTOR") Signature 42390 Avenida Velosco La Quinta, CA 92253 310.529.4932 Rev May 2015 Hello Teresa, Below is your class information for May through September 2017. Please review and_ :.verify by typing _ your name and date on the lines below as soon as possible. 413301 Ballroom Dance Instructor: Teresa Shiry Cost ❑ay/s Time Location $ T 7-8pm Wellness Center Multipurpose room — Stage side Session: 5/2-5/30, 8/1-8/29 =$ 45 (5 classes) drop -in fee $10 Session: 6/6-6/27, 9/5-9/26=$36 (4 classes) drop -in fee $10 Session:7/11-7/25 �9� (no class 46 of July) Web Trac Brochure Info: Fundamentals are taught and include how to lead and follow, connect with musical beat, and acquire a natural dance style. Students will learn two dances. Your instructor Teresa Shiry is open for suggestions on what dances you would like to learn. 413302 Ballroom Dance Intermediate Instructor: Teresa Shiry Cost Day/s Time _Location $32/10 T 6-7pm Wellness Center Multipurpose Room — State Side Session: 5/2-5/30, 8/1-8/29 =$ 45 (5 classes) drop -in fee $10 Session: 6/6-6/27, 9/5-9/26=$36 (4 classes) drop -in fee $10 Session:7/11-7/257 (no class 4th of July) Web Trac Brochure Info: If you are currently comfortable with the basics of a variety of Ballroom dances you will enjoy learning the finer details of dancing. Focus will be on learning one dance to help achieve confidence and encourage you to add your personal style. Instructor Signal Z ` —161'Il r Signing this doEunn arily verifies that you have and understand the material within this document. This document shall not act a a co ctual agreement between you and the City of La Quinta. 491902 Ballroom Intermediate DI $10 491901 Ballroom Beginner DI $10 Minimum 5 students and the Maximum 25 students Hello Teresa, Below is your class information for May — September 2017. Please review and verify by typing your name and date on the lines below as soon as possible. 413303 Friday Night Social Instructor: Teresa Shiry Cost_ QaV/s Time Location Multipurpose room stage side Sessions: 5/19; 6/16; 7/21; 8/18; 9/15 Web Trac Brochure Info: Come solo or bring a partner as you enjoy dancing to a Waltz, Tango, Swing, as well as, many other Ballroom Dances. Your're DJ and Instructor is Teresa Shiry (National Ballroom Dance Champion). Please wear shoes that allow you to slide and move easily. Materials: soft soled shoes -to glide and move easily Instructor Signatur Date_ Signing this documen ekiesll ave read an under This document shall not act as a contractual a0reement material you aw ithin this document. the City of La Quinta. Hello Teresa, Below is your class information for October 2017 through April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 413301 Ballroom Dance Instructor: Teresa Shiry Cost Dav/s Time Location T 7-8pm Wellness Center Multipurpose room — Stage side Session: 10/3-10/31, 1/2-1/30 8/1-8/29 =$ 45 (5 classes) drop -in fee $10 Session: 11/14-11/28, 12/5-12/26; 3/6-3/27; 4/3-4/24=$36 (4 classes) drop -in fee $10 Session: 2/6-2/20= $27 (3 classes) Web Trac Brochure Info: Fundamentals are taught and include how to lead and follow, connect with musical beat, and acquire a natural dance style. Students will learn two dances. Your instructor Teresa Shiry is open for suggestions on what dances you would like to learn. 413302 Ballroom Dance Intermediate Instructor: Teresa Shiry Cost Dav/s Time Location $32/10 T 6-7pm Wellness Center Multipurpose Room — State Side Session: 10/3-10/31, 1/2-1/30 8/1-8/29 =$ 45 (5 classes) drop -in fee $10 Session: 11/14-11/28, 12/5-12/26; 3/6-3/27; 4/3-4/24=$36 (4 classes) drop -in fee $10 Session: 2/6-2/20= $27 (3 classes) Web Trac Brochure Info: If you are currently comfortable with the basics of a variety of Ballroom dances you will enjoy learning the finer details of dancing. Focus will be on learning one dance to help achieve confidence and encourage you to add your personal style. Instructor Signature Date - / Signing this document only verifies th you hav read and aneee!ment tand th aterial within this document. This document shall of act as a coactual ag tween you and the City of 491902 Ballroom Intermediate DI $10 491901 Ballroom Beginner DI $10 Minimum 5 students and the Maximum 25 students Hello Teresa, Below is yw_class_informatiori €or October 2017 — Seotember 201 a. -Please review_ and verify by typing your name and date on the lines below as soon as possible. 413303 Friday Night Social Instructor: Teresa Shiry Cost Days Time Location Friday 6-7pm Multipurpose room stage side Sessions: 10/20; 11/17; 12/15; 1/19; 2/16; 3/16; 4/20 Web Trac Brochure Info: Come solo or bring a partner as you enjoy dancing to a Waltz, Tango, Swing, as well as, many other Ballroom Dances. Your're DJ and Instructor is Teresa Shiry (National Ballroom Dance Champion). Please wear shoes that allow you to slide and move easily. Materials: soft soled shoes to glide and move easily Instructor Signatu e� Date Signing this document Emfy verifies thaf you have rea and understand the material within this document. This document shall not act as a contra I agreement between you and the City of La Quinta. PRODUCER Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 200 Mission Viejo, CA 92691- 877A38,7459 INSURED Teresa Shiry 52390 Avenida Velasco La Quinta, CA 92253- COVERAGES DATE 9MM/DOD/YYYV) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Philadelphia Indemnity Insurance Company 18058 INSURER C: INSURER D: INSURER E: 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 CERIFICATION 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSINS POLICY EFFECTIVE POLICY EXPIRATION LT R INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MWDD/YYYY) DATE IMWDD/YYYY) UMITS A X GENERAL LIABILITY PHPK1343296- 06/01/2017 06/01/2018 EACH OCCURENCE 51,000.000 PREMISES Eactcurrence $100,000 X COMMERCIAL GENERAL LIABILITY 002 CLAIMS MADE D. OCCUR MED EXP (Any one person) $2,500 PERSONAL &ADV INJURY 51,000,000 X PROFESSIONAL LIABILITY GENERAL AGGREGATE $3,000,000 PRODUCTS—COMP/OP AGG $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PROJECTLl LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EA accident) BODILY INJURY ALL OW NED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY — EA ACCIDENT OTHERTHAN EA ACC ANYAUTO AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURENCE AGGREGATE OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION EMPLOYERS' UABIUTY Y N TORYLIMITS ER E.L. EACH ACCIDENT ANY PHOPRI£TOR PAHTNER/�EXECUTIVE OFFICER/MF.MBER �XC, DED. E.L DISEASE —EA AMPLOYEE (Mandatary in NH) E.L. DISEASE —POLICY LIMIT If yes desulbe under SPEC(AI, PROVISIDNS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS It is understood and agreed that the following entity: The City of La Quinta is added as an additional insured but only with respect(s) to the operations of the named insured except that liability resulting from the additional insured's sole negligence. This insurance is primary, with any insurance or self-insurance program maintained by the name of person or organization listed being non-contributing excepting loss resulting from the sole negligence of the name of person or organization listed. CERTIFICATE HOLDER CANCELLATION The City of La Quinta 78495 Calle Tampico La Quinta, CA 92253-2839 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1343296-002 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of La Quinta 78495 Calle Tampico La Quinta CA 92253-2839 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ta Qw�frcu GE"M rtI'A" DESER[' — IL12L- , ► i. .,- V mXFj TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 27, 2017 RE: Kathleen Salcedo, Fitness Classes, #AGR422301-17, Instructor Attached for your signature is an agreement with independent contracted instructor Kathleen Salcedo for (Zumba) class(s). There will be compensation to the instructor. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: 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: N/A Approved by the City Council on LW� 18. 2Q17 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The fotlowing required documents are attachgd to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC- 763253 Expires 11-30-2018 NIA 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 (Sandra) Revised May 2017 ta Qaiara —— GEMoftheDESERT— City of La Quinta Community Resources Department Contract # 422301-17 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 KATHLEEN SALCEDO, 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: FITNESS QUMBA) 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 bi- annual basis. Work proposals, once approved 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 Rev May 2015 1 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 approved 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 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 by law, 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 Rev May 2015 2 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. 5. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original 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 a 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 participants of the program. Programs that are cancelled or changed by CON T T R 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. Rev May 2015 3 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. 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. 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. 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 some shall not be construed as a limitation of CONTRACTOR's obligation to indemnify CITY, its officers, employees, contractors, subcontractors, or agents. 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 Rev May 2015 4 authorization froiT CITY. Should such authorization be granted, CONTRACTOR agrees to inform( _a iy subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. ` f (initials) Please list any/all subcontractors you may hire for the term of this INSTRUCTOR AGREEMENT. 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 RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: CONTRACTOR: Kathleen Salcedo P.O. Box 413 La Quinta, CA 92247 CITY: Community Resources Department City of La Quinta La Quinta, CA 92253 (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 5 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") Digitally signed by bl058350-86e6-408 APPROVED: ( �a6ed-947e59c8e57c Date: 2017.10.03 09:10:03-07'00' BY: Chris Escobedo Community Resources Director COUNTERS10NED: 1 Chrlst66 Calderon Community Resources Analyst Kathleen Salcedo ("CONTRACTOR") APPROVE❑ Sig atur P.O. Box 413 La Quinta, CA 92253 (909)560-5283 Rev May 2015 6 Hello Kathleen, Below is your class information for October 2017 — April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 4 1 Zumba Instructors: Kathleen Salcedo Cost Da s Time Location $ Tuesday/Thursday 6-7pm Wellness Center Aerobics Room Sessions: 10/3-10/31; 3/6-3/29; 4/3-4/26 = $32 (8 classes) Session: 1/2-1/30 = $36 (9 classes) Session: 11/2-11/30; 12/5-12/28; 2/1-2/22 =•$28 (7 classes) (No class 11/23 Holiday) The following luncheon dates please no classes 10/26, 12/26) Web Trac Brochure Info: The most awesome workout ever; dance to great music, with great people, and burn calories without even realizing it. Instructor Signature. Q Date_ �oB/ Signing this docu nt only erifi `s that y u have read and understand the material within this document. This urn shall t act as a contractual agreement between you and the City of La Quinta. 492603 Drop -in student fee $6 Hello Kathleen, Below is your class information for October 2017 — April 2018. Please review and verify by typing your.name and date on the lines below as soon as possible. 422302 Zumba Instructors: Kathleen Salcedo Cost Day/5 Time Location $ Monday/Wednesday 8:30-9:30am Wellness Center MPRB Sessions: 10/2-10/30; 11/1-11/29; 1/3-1/31; 4/2-4/30 = $36 (9 classes) Session: 12/4-12/27; 3/7-3/27= $28 (7 classes) Session: 2/5-2/21= $24 (6 classes) (December 25, January 15, Februaryl9 holidays Web Trac Brochure Info: The most awesome workout ever; dance to great music, with great people, and burn calories without even realizing it. Instructor Signature:'_V Date Signing this document ;du y ver' s that u have read and understand the aterial within this document. This ent shall not ct as a contractual agreement between you and the — City of La Quinta. The La Quinta Arts Festival will be utilizing the Wellness Center Monday, February 26 through Monday, March 5. The fee for the month equates to $4 per class. 492603 Drop -in student fee $6 Hello Kathleen, Below is your class information for October 2017 — April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 422305 Zumba Instructors: Kathleen Salcedo Cost Day/s Time Location $ Saturday 8:30-9:30am Wellness Center MPRB Sessions: 10/7-10/28; 11/1-11/29; 1/3-1/31; 4/2-4/30 = $16 (4 classes) Session: 11/4-11/18 = $12 (3 classes) Sessions: 12/2-12/16 = $16 (4 classes) (December 23) Web Trac Brochure Info: The most awesome workout ever; dance to great music, with great people, and burn calories without even realizing it. Instructor Signature: .__ __ _ ....... Date 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. The fee for the month equates to $4 per class. 492604 Drop -in student fee $6 CERTIFICATE OF LIABILITY INSURANCE DATE / 09/25/225/2017 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 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: Balance Professional Grou Citadel Insurance Services, LC (A& Nr,.E�1r. 18001871.-384 No):_(800) 871-3$48 _ E-MAIL 826 E State Rd, Suite 100 ADDRESS-. Contact, r_A rn vgB�l_n American Fork UT 84003 INSURERIS) AFFORDING COVERAGE _ NAIC# INSURER A: Certain Underwriters at Llovds of London T INSURED INSURER B Kathleen Kennedy Salcedo INSURER C : 53743 Avenida Bermudas P.O. Box 413 INSURER D : INSURER E : La Quinta CA 92247 INSURER F C01VFRA(.FS CFRTIFICATF NIIMRFR• RFVISIr]N NIIMRFR- 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 om...__...................................... .. INSR TYPE OF INSURANCEblis POLICY NUMBER MOeCY EFP POLICY EXP LIMITS GENERAL LIABILITY EACH $ 2 000 000 G RCCUURREE K COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 300,000 CLAIMS -MADE K� OCCUR ��"��C'� MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ included A K Professional Liability AB-1003-AC098485 11/23/2017 11/23/2018 (Claims Made) GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 K I POLICY LPRO Li LOC 1 $ AUTOMOBILE LIABILITY c I I COMB ..(Ea a cciden $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPE AMA Peracddenl $ NON -OWNED HIREDAUTOS AUTOS UMBRELLA LIAB OCCUR F, F EACH OCCURRENCE $ 4D AGGREGATE $ EXCESSLIAB CLAIMS -MADE ED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE —.. VVCSTTOBY.I.ATUA7U - OTH- E.L EACH ACCIDENT $ OFFICE/MEMBER EXCLUDED? I N / A E.L.DISEASE - EA EMPLOYE $ (Mandatory in NH) E. L DISEASE -POLICY LIMIT $ If yes, describe under Professional Liability (Claims Made) I i f I �. AB-1003-AC098485 � 11/23/2017 11/23/2018 Included DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) See attached endorsement. It is understood and agreed that the Certificate Holder is named as Additional Insured per attached CG 20 26 - Additional Insured - Designated Person or Organization CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of LaQUlnta THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 78495 Calle Tampico LaQuinta CA 92253 AUTHORIZED REPRESENTATIVE -4l% Anthony Eardley Z ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Certain Underwriters at Lloyd's, London, Referred to in this endorsement as either the "Insurer" or the "Underwriters" ADDITIONAL INSURED ENDORSEMENT FOR LANDLORDS, SPONSORS OR LESSORS This endorsement modifies insurance provided under the following: SPECIFIED MEDICAL PROFESSIONAL, GENERAL LIABILITY AND PRODUCTS/COMPLETED OPERATIONS LIABILITY INSURANCE In consideration of the premium charged for the Policy, it is hereby understood and agreed that with respect to General Liability coverage only: 1. Clause II. PERSONS INSURED is amended by the addition of the following: Any landlord, owner, or property manager of the Designated Premises; or any tradeshow or convention sponsor or operator. However, coverage provided for purposes of this endorsement, shall apply solely: a. to Claims first made against the Insured during the Membership Period or any Extended Reporting Period, if purchased; b. for Claims arising out the Named Insured's occupancy of, or failure to maintain the Designated Premises, but solely with respect to the products, goods or operations of the Named Insured and only if liability for such Claim is determined to be solely the negligence or responsibility of the Named Insured; and C. for Occurrences at, on or upon that portion of the Designated Premises which is occupied by the Named Insured and taking place during the term of the Named Insured's lease/occupancy of such Designated Premises. Provided, however, that coverage afforded to the landlord, owner or property manager of the Designated Premises, shall not apply to: (i) Any Occurrence or Accident which takes place after the Named Insured ceases to be a tenant in that premises; (ii) Structural alterations, new construction or demolition operations performed by or on behalf of the landlord, owner or property manager of the Designated Premises; (iii) Bodily Injury, Property Damage or Advertising Liability arising out of the sole negligence of the landlord, owner or property manager of the Designated Premises, unless covered under paragraph b. above; (iv) Bodily Injury, Property Damage or Advertising Liability arising out of the claimed negligence of the landlord, owner or property manager of the Designated Premises other than directly caused by the Named Insured's work in the ownership, maintenance or use of that part of the premises leased to the Named Insured which shall be imputed to the landlord, owner or property manager of the Designated Premises; or (v) Bodily Injury, Property Damage or Advertising Liability to any employee of the Named Insured or to any obligation of the landlord, owner or property manager of the Designated Premises, to indemnify another because of Damages arising out of such injury. 2. Clause V. DEFINITIONS is amended by the addition of the following: "Designated Premises" means all premises leased or rented to the Named Insured, or premises temporarily occupied by the Named Insured with permission of the owner, for a tradeshow or convention. All other terms and conditions of this Policy remain unchanged. Authopied Reprp-0 Lative POLICY NUMBER: AB-1003-AC098485 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: General and Professional Liability Coverage SCHEDULE I Name Of Additional Insured Person(s) Or Orqanization(s) City of La Quinta 78496 Calle Tampico La Quinta CA 92253. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. Al DES 1215 Page 1 of 1 13 - GENI (,/ thr DES r MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: September 28, 2017 RE: Susan Lake, Leisure Workshop, #AGR415601-17, Instructor Attached for your signature is an agreement with independent contracted instructor Susan Lake for (Leisure) Self Improvement Workshops. There is compensation paid to instructor. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as a ro riate: X Contract payments will be charged to account number: 101-0000-42214 i N/A Amount of Agreement, Amendment, Change Order, etc.: 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 City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $_. and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection TThg following, required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC #765206 Expires 9/30/2018 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 (Sandra) Revised May 2017 ta Qa�tra City of La Quinta - — GEM afrheDESEKI' — - Community Resources Department Contract # 415601-17 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 SUSAN LAKE, 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: WORKSHOP (SPEAKER SERIES) 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 bi-annual basis. Work proposals, once 9pproved 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 approved annual payroll calendar. Rev May 2015 1 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 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 by law, 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 Rev May 2015 2 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. 5. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original 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 prog am 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 participants of the program. Programs that are cancelled or changed by CONTRACTOR 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. 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. Rev May 2015 3 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. 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. 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. 8. 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. Should such authorization be granted, CONTRACTOR agrees to inform any subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. (initials) Rev May 2015 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 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: CONTRACTOR: Susan Lake 17-777 Langlois Road #147 Desert Hot Springs, CA 92241 CITY: Community Resources Department City of La Quinta La Quinta, CA 92253 �l (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 5 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") Digitally signed by b1058350-86e6-408 APPROVED: ( 5- a6ed-947e59c8e57c Date: 2017.10.03 By: 09:05:35-07'00' Chris Escobedo Community Resources Director IGNED: By: VJ! Chri i alcleron Community Resources Analyst Susan Lake ("CONTRACTOR") 1 /-/ / / Langlois rcoaa fF14/ Desert Hot Springs, CA 92241 619.987.0951 Rev May 2015 �LCr�rrv" PRODUCER Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 200 Mission Viejo, CA 92691- 877.438.7459 INSURED Susan Ragonesi 818 Douglas Ave San marcus, CA 92069- COVERAGES CERTIFICATE OF LIABILITY INSURANCE DATE (MMMD/YYYY) 09/28/2017 THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC M INSURER A: PhlladelDhia Indemnitv Insurance ComPanv 19058 INSURER B: INSURER 0 INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L I POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YYYY) DATE INM/DD/YYYY) LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE l . OCCUR X PROFESSIONAL LIABILITY GER'L AGGREGATE UMIT APPLIES PER: X POLICY PROJECT LOC PHPK3522490- D01 07/08/2017 07/08/2018 EACH OCCURENCE $1,000LOo0 PREMISES Ma occurrence 1 $100,000 MED EXP (Anyone person) S2500 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 PRODUCTS— COMP/OP AGG 53,000,000 AUFDMDBILE LIABILITY ANY AUTO ALLOWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (EA accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GAJWGE LIABRI TY ANY AUTO I AUTO ONLY— EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG EXCESS I UMBRELLA LAMUTY OCCDR LlCLAIMS MADE DEDUCTIBLE RETENTION EACH OCCURENCE AGGREGATE EMPLOYERYLIABIUIY Y ANY PROPRIEfORI M1NE%EXECUTNE OFFICERIMEMBER EEXCCEIDEO (Mandatory in NH) If yes describe under SPECIAL PROwl ONS below TORYLIMIT5 ER E.L EACH ACCIDENT E.L. DISEASE— EA AMPLOYEE E.L. DISEASE — POLICY UMfi OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS R Is understood and agreed that the to8owing entity h added as an additional inwred but only with respects) to the operations of the named Insured except that Ilabiiity resulting from the addtional Insured's sole negligence. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE City of La Qulnta THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE 78495 Calle Tampico CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR La Quinta, CA 92253- UABILTTY OF ANY KIND UPON THE INSURER, FIS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE G ACORD 25 (2009/01) Q 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1522490-001 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Ar anization(s): _ _ _. ___ City of La Quinta 78495 Calle Tampico La Quinta CA 92253- _ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: October 3, 2017 RE: Ann Marie Cohen, Fitness, #AGR423101-17, Instructor Attached for your signature is an agreement with independent contracted instructor Ann Marie Cohen for (Fitness) classes. There is compensation Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: X Contract payments will be charged to account number: 101-0000-42214 N/A Amount of Agreement, Amendment, Change Order, etc.: 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 N/A City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required docum nts are gttached tote reement: X Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC #764156 Expires 9/30/2018 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 (Sandra) Revised May 2017 ta Q"fra City of La Quinta ---GEMgfdje-D SFRT— - Community Resources Department Contract #423101-17 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 Ann Marie Cohen, 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: 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 bi- annual basis. Work proposals, once approved by CITY will be attached as exhibits to this INSTRUCTOR AGREEMENT. nitials) 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 approved annual payroll calendar. Rev May 2015 1 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 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 by law, 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 Rev May 2015 2 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. 5. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original 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 p ram 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 participants of the program. Programs that are cancelled or changed by CO 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. 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. Rev May 2015 3 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. 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. 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. 8. 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 m CITY. Should such authorization be granted, CONTRACTOR agrees to info any subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. �L (initials) Rev May 2015 4 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 RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: CONTRACTOR: Ann Marie Cohen 35871 Matiliza Court Rancho Mirage, CA 92270 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 (IJQA�i itials) 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 5 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, Ann Marie Cohen COMMUNITY RESOURCES DEPARTMENT ("CONTRACTOR") ("CITY") Digitally signed by APPROVED: b1os8350-86e6-4085 �-a6ed-947e59c8e57c Date: 2017.10.06 By: 16:49:50-07'00' Chris Escobedo Community Resources Director COUNT SIGNED: By: ChWina Calderon; Community Programs & Wellness Supervisor APPRO ❑: By: J-,\ L�, L� - Signat e 35871 Matiliza Court Rancho Mirage, CA 92270 760.992.5695 Rev May 2015 PRODUCER Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 200 Mission Viejo, CA 92691- 877.438.7459 INSURED Ann Cohen 1280 Campeon Cir Palm Springs, CA 92262- COVERAGES DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 09/20/2017 THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL t# INSURER A: Philadelphia Indemnity Insurance Companv 18058 INSURER B: INSURER C INSURER D: 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 CERIFICATION 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOO'L I POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYYY) DATE IMM/DD/YYYYJ LIMITS A X GENERAL LIABILITY % COMMERCIAL GENERAL LIABILITY CLAIMS MADE �X OCCUR X PROFESSIONAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: % POLICY PROJECT LOC PHPK990833-004 03/15/2017 03/15/2018 EACH OCCURENCE $1,000,000 PREMISES I Ea occur runcul $100,000 VIED EXP (Any one person) 52.500 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $3:000.000 PRODUCTS—COMP/OP AGG $3,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL O W NED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (EA accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY— EA ACCIDENT OTHERTHAN EA ACC AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY OCCUR El CLAIMS MADE DEDUCTIBLE RETENTION EACH OCCURENCE AGGREGATE EMPLOYERS'UABIUTY Y N ANY PROPRIFTORIPARTNE5EXECUTIVE OFFICEBIMEMBER %CLUOED (Mandatory in NH) 11 yes, describe under SPECIAL PROVISIONS below TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE— EA AMPLOYEE E.L. DISEASE —POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDEO BY ENDORSEMENT / SPECIAL PROVISIONS It is understood and agreed that the following entity: City of La Quinta is added as an additional insured but only with respect(s) to the operations of the named insured except that liability resulting from the additional insured's sole negligence. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of La Quinta THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE 78495 Calle Tampico CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR La Quinta, CA 92253-2839 LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the. issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) POLICY NUMBER: PHPK990833-004 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or O City of La Quinta 78495 Calle Tampico La Quinta CA 92253-2839 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Hello Ann Marie, Below is your class information for October 2017 through April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 423102 Cardio and Strength Instructor: Ann Marie Cohen Cost Day/s Time Location Monday/Friday 9:45-10:30am MPA Stage Side Sessions: 10/2-10/30 = $27 (9 classes) Sessions: 11 /3-11 /27; 12/1-12/29; 1 /5-1 /29; 2/2.2/23; 9/1-9/29=$24 (8 classes) (No classes on Monday, December 25) Web Trac Brochure Info: "This is a fitness class that combines a variety of exercises to help increase cardio endurance while strengthening muscle. We lift light weights and use resistance bands while we practice proper stretching and breathing techniques." Materials: "Wear comfortable clothing and flat soled shoe. Bring a bottle of water and please, no perfume or scented lotion." 6 Instructor SignaturR: Date_ `4-34/ 4- Signing this document only verifies that you have read nd understand the material within this document. This document shall not act as a contractual agreement between you and the City of La Quinta. 493801- Students attend a drop in class for $4 If students have questions staff cannot answer they may call Ann Marie 760.992.5695. SilverSneakers members please bring your current membership card Note: The following classes are scheduled on Holidays- January 15, February 12 The La Quinta Arts Festival utilizes the center. No classes in the Wellness Center Monday, February 26 through Monday, March 5. Hello Ann Marie, Below is your class information for October 2017 — April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 423101 Sun Style Tai Chi Instructor: Ann Marie Cohen Cost D] Y/s Time Location Monday/Friday 10:45-11:30am Multipurpose Room Stage Side Sessions: 10/2-10/30 = $27 (9 classes) Sessions: 11 /3-11 /27; 12/1-12/29; 1 /5-1 /29; 2/2-2/23; 9/1-9/29=$24 (8 classes) (No classes on Monday, December 25) The La Quinta Arts Festival utilizes the Wellness Center on Monday, February 26 through Monday, March 5. Please do not schedule classes during these days. Web Trac _Brochure Info: 'Tai chi is an ancient system of movements from China, practiced for the promotion of health and longevity for people of all ages. Tai Chi for Arthritis is a safe and easy -to - learn program with movements done in a fluid and gentle manner. Classes include a warm-up, breathing and stretching exercises, Tai chi practice, and a cool -down, plus a short discussion about nutrition. Since arthritis affects the joints, we will also focus on strengthening the muscles that stabilize the joints. You can expect to improve your balance, posture and mobility while you relieve pain, reduce falls, and improve your quality of life. And you'll have fun doing itl" Materials: "Wear comfortable clothing and flat soled shoes, or no shoes at all (socks ok). Bring a bottle of water and please, no perfume or scented lotion." L N Instructor Signature: `� 11ate-4-j -�4 J Signing this document oni7 - erifies that you have read and nderstand the material within this document. This document shall not act as a contractual agreement between you and the City of La Quinta. 493901 - Drop in students allowed yes $4per drop in Students may call Ann Marie if staff cannot answer their questions 760.992.5695. SilverSneakers Members please bring your membership card MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christina T. Calderon, Community Resources Analyst DATE: October 10, 2017 RE: Chuck Sullivan, Leisure, #DesertOasisStrummers2017, Volunteer/Coordinator Attached for your signature is an agreement with Volunteer Chuck Sullivan for (Desert Oasis Strummers) open group play. There will be no compensation. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: N/A Contract payments will be charged to account number: N/A Amount of Agreement, Amendment, Change Order, etc.: 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 Aprii_18. 2g17 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following -required documents are attar ed to the agreement: N/A Insurance certificates as required by the agreement (approved by Risk Manager on 10/1(1/17 date) N/A Performance bonds as required by the agreement (originals) PSN 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 (Sandra) Revised May 2017 ta 0"it GEM afrhe DFSERT — Community Resources Department Contract #DesertOasisStrummers2017 VOLUNTEER COORDINATOR AGREEMENT This VOLUNTEER COORDINATOR AGREEMENT is hereby formed on JULY 1, 2017 through JUNE 30, 2018 between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and CHUCK SULLIVAN, 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: VOLUNTEER COORDINATOR FOR (DESERT OASIS STRUMMERS) 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 VOLUNTEER COORDINATOR AGREEMENT. (initials) 2. COMPENSATION. VOLUNTEER shall not be paid for services performed under this VOLUNTEER COORDINATOR AGREEMENT. VOLUNTEEER 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. (initials) MATERIAL FEE. VOLUNTEER will collect material fees directly from participants for a required $35 annual fee; all first time participants will also need to pay $45 for a music book. 3. VOLUNTEER COORDINATOR. This Agreement calls for the performance of the services of VOLUNTEER as an independent contractor 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 a d coordinate with VOLUNTEER to schedule a make-up date. (initials) 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. Programs that are cancelled or changed by VOLUNTEER must ;be made up in a timely manner as approved by CITY. (initials) 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. 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, or ancestry in the performance of this VOLUNTEER COORDINATOR 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, or ancestry. 7. NO ASSIGNMENT. VOLUNTEER shall not, under any circumstances, assign this VOLUNTEER COORDINATOR AGREEMENT or its rights or duties without prior written authorization from CITY. Should such authorization be granted, VOLUNTEER agrees to inform any subcontractor_ Qf rall the stipulations of this VOLUNTEER COORDINATOR AGREEMENT._ (initials) Please list any/all subcontractors you will hire for the term of this VOLUNTEER COORDINATOR AGREEMENT. Name Address Phone Number 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. 8. 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 VOLUNTEER COORDINATOR AGREEMENT. 9. 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: Chuck Sullivan 48610 Vista Estrella La Quinta, CA 92253 CITY: Community Resources Department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 (initials) 10. DOCUMENTS. Any documents and marketing materials created by CONTRACTOR under this VOLUNTEER COORDINATOR AGREEMENT shall be submitted to CITY for approval prior to distribution. 11. MISCELLANEOUS. This VOLUNTEER COORDINATOR 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 VOLUNTEER COORDINATOR AGREEMENT shall be a continuing waiver thereof. IN WITNESS WHEREOF, the parties hereto have caused this VOLUNTEER COORDINATOR AGREEMENT to be executed the day and year as first stated above. CITY OF LA QUINTA, Chuck Sullivan COMMUNITY RESOURCES DEPARTMENT ("VOLUNTEER") ("CITY") APPROVED: APPROVED: Digitally signed by bl058350-86e6-4085- Oc S�D a6ed-947e59c8e57c Date: 2017.10.11 By: 11:17:59-07'00' Chris Escobedo Community Resources Director COLlr,�TERMNED: ono caiaeron, v munity Resources Analyst By: CX Signature 48610 Vista Estrella LA Quinta, CA 92253 949.887.9941 ta Qai�tra - 1 �[ �[ •+� rlr Ili tif.f:l - MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: October 10, 2017 RE: Karen Vielhaber, Fitness Classes, #AGR420601-17, Instructor Attached for your signature is an agreement with independent contracted instructor Karen Vielhaber. There is compensation to instructor. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: 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 hosed upon: N/A Approved by the City Council on April 1$. 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement; X Insurance certificates as required by the agreement (approved by Risk Manager on_ 10/10/17 date) N/A Performance bonds as required by the agreement (originals) psn X City of La Quinta Business License number LIC-0100326 EXP 4/30/2018 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 (Sandra) Revised May 2017 ta Qa�t& City of La Quinta Community Resources Department Contract # 420601-17 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 KAREN VIELHABER, 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: FITNESS (YOGA) 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 worm will be requested y 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) (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 Rev May 2015 1 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 approved 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 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 by law, 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 Rev May 2015 2 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 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 Vo fcym and coordinate with CONTRACTOR to schedule a make-up date. 1_ 11(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 participants of the program. Programs that are cancelled or changed by CONT�',OR 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. Rev May 2015 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. 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. 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. 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. 7. BUSINESS _LI_CENSE. 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. 8. 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 ❑ISCRIMINATION. 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 , Rev May 2015 4 authorization from ITY. Should such authorization be granted, CONTRACTOR agrees to infor arhv subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. V (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 RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: CONTRACTOR: Karen Vielhaber 49560 Avila Drive La Quinta, CA 92253 CITY: Community Resources Department City of La Quinta La Quta, CA 92253 AMT (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") Digitally signed by APPROVED: b 1058350-86e6-4085 -a6ed-947e59c8e57c Date: 2017.10.11 By: 11:17:05-07'00' Chris Escobedo Community Resources Director COUNTERSIGNED: r By: Chri a Calderon Community Resources Analyst Karen Vielhaber ("CONTRACTOR") APPROVED: B 17 Signature 49560 Avila Drive La Quinta, CA 92253 760-771-0692 Rev May 2015 Hello Karen, Below is your class information for January — April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 420601 Chair Yoga Instructor: Karen Veilhaber Certified Yoga Therapist (C-IAYT) Cost Da s Time Location W 1-1:45pm Multipurpose Room Chairs are located in room Sessions: 2/7-2/28; 3/7-3/28; 4/4-4/25 = Fee: $26.20 (4 weeks) (2128 class will be located in the Library classroom) Sessions: 1/3-1/31= $32.75 (5 weeks) Web Trac Brochure Info: A consistent chair yoga practice is beneficial to your body and mind. Your whole body benefits as yoga increases blood circulations, flexibility, mobility, improves balance, and stimulates the elimination of toxins. Pre -registration required. Drop in students are welcome. Fee $8.00. Instructor: Karen Vielhaber Certified Yoga Therapist (C-IAYT) and Registered Yoga Teacher (RYT500) Instructor Signature: _ate l ov ( l Signing this document only veri at 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. Monthly price is based on $6.55 per class Drop in fee: $8.00 Hello Karen, Below is your class information for October 2017 — April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 420606 Gentle Yoga Instructor: Karen Veilhaber Certified Yoga Therapist (C-IAYT) Cost _Day/s Time Location W 11am-12pm Multipurpose Room (Kitchen side) carpet needed Sessions: 10/4-10/25; 2/7-2/28; 3/7-3/28; 4/4-4/25 = Fee: $35 (4 weeks) (2128 class will be located in the Library classroom) Sessions: 11/1711/29; 1/3-1/31= $43.75 (5 weeks) Sessions: 12/6 & 12/27= $17; 50 (2 classes) Web Trac Brochure Info: An appropriate class for those wanting a softer, nurturing, slow paced, well supported relaxing practice. It includes carefully sequenced movements, controlled pressure and well measured stretches, including range of motion exercises. This style encourages a highly individualized approach with on -going engagement to make moment to moment adjustments. Pre- registration is required. Drop in students are welcome. Fee $10. Instructor: Karen Vielhaber, Certified Yoga Therapist (C-IAYT) and Registered Yoga Teacher (RYT 500) Materials: Yoga Mat, towel, and wear comfortable clothing. Instructor Signature: , . r ' -"\- .Date 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. Hello Karen, Below is your class information for October 2017— April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 420605 Gentle Yoga Instructor: Karen Vielhaber Certified Yoga Therapist (C-IAYT) Cost Day/s Time Location M 11am-12pm Museum Sessions: 10/2-10/30; 4/2-4/30; 11/6-12/4 = Fee: $43.75 (5 classes) Session: 1/8-1/29; 2/5-2/26; 3/5-3/26 = Fee: $35 (4 classes) 215 Class meets at Library classroom due to training at Museum Holidays: Monday, January 15 and Monday, February 19 — classes located in Wellness Center. _Web Trac Brochure Info: An appropriate class for those wanting a softer, nurturing, slow paced, well supported relaxing practice. It includes carefully sequenced movements, controlled pressure and well measured stretches, including range of motion exercises. This style encourages a highly individualized approach with on -going engagement to make moment to moment adjustments. Pre- registration is required. Drop -in students are welcome. Fee: $10. Instructor Karen Veilhaber, Certified Yoga Therapist (C=IAYT) and Registered Yoga Teacher (RYT 500). Materials: Yoga Mat, towel, and wear omfortable clothing Instructor Signature:Date /Z6 (-1 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. Hello Karen Vielhaber, Below is your class information for January — April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 420608 Gentle Yoga 2 Instructor: Karen Veilhaber Certified Yoga Therapist (C-IAYT) Cost oayls Time Location W 9:30-10:30am Multipurpose Room (Kitchen side) carpet needed Sessions: 2/7-2/28; 3/7-3/28; 4/4-4/25 = Fee: $35 (4 weeks) Sessions: 1/3-1/31= $43.75 (5 weeks) (2128 class will be located in the Library Classroom) Web Trac Brochure Info: Gentle Yoga 2 builds on the foundation in Gentle Yoga, or for individuals with some yoga experience. This will be more challenging than Gentle Yoga and will include flow sequences along with the traditional standing, balancing, and floor work. We will work on building strength in addition to all good things yoga has to offer. Pre- registration is required. Drop in students are welcome. Fee $10. Instructor: Karen Vielhaber, Certified Yoga Therapist (C-IAYT) and Registered Yoga Teacher (RYT 500) Materials: Yoga mat, towel and con1fortable clothing. Instructor Signature: L' _ Date ment O/ ` r Signing this docuonly verifies b-6 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. Hello Karen, Below is your class information for October 2017— April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 420607 Gentle Yoga 2 Instructor: Karen Veilhaber Certified Yoga Therapist (C-IAYT) Cost Days Time Location Monday 9:30-10:30am Museum Sessions: 1/8-1/29; 2/5-2/26 3/5-3/26 = Fee: $35 (4 classes) Sessions: 4/2-4/30 = $43.75 (5 classes) 215 Class meets at Library classroom due to training at Museum City Holidays: Monday, January 15, and Monday, February 19— classes located in Wellness Center Web Trac Brochure Info: Gentle Yoga 2 builds on the foundation in Gentle Yoga, or for individuals with some yoga experience. This will be more challenging than Gentle Yoga and will include flow sequences along with the traditional standing, balancing, and floor work. We will work on building strength in addition to all good things yoga has to offer. Pre -registration is required. Drop in students are welcome. Fee $10. Instructor: Karen Vielhaber, Certified Yoga Therapist (C-IAYT) and Registered Yoga Teacher (RYT 500) Instructor Signature: � _ C. date. 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. A� CERTIFICATE OF LIABILITY INSURANCE rKVUu6tK I ril5 4;tK I IH ;A I t 17 ISJLItU AS A MA I I tK Ur' INFUKNIA I1 UN Insurance Plus 800-516-8822 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Willis of New York, Inc., Brookfield Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 200 Liberty Street, 6th Floor New York, NY 10281 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA Aspen Specialty Insurance Company 10717 Karen Vielhaber Report all claims to Insurance Plus Program via a -mail at 49560 Avila Drive Ins. # 104258 ProfessionalLiabilityClaims@aspen-insurance.com La Quinta, CA 92253 INSURER B: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR A001 POLICY EFFECTIVE POLICY 111211 11 11ATFOH T YP F R,A�1 CE -�-� ...POLICY NUMB£R....�.-. DATE[MMfDDffYYYI D JE IMM7DDfY1'YY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000.000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY 01 /05/2017 01 /05/2018 PREMISES tEa occwrente) $ 100.000 X OCCUR #LRAFVTX16AOM S NIA CLAIMS MADE MEDEXP IAny air. Pei son) A X PERSONAL 6 AOV INJURY S 2 000.ODD GENERAL AGGREGATE $ 3.000.000 GENT AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP/OP AGG $2,W0,000 X POLICY PPAT LOC BUS. PERS, PROP. AGG / DED $1,000/ $250 AUTOMOBILE LIABILITY COMBINED SINGLE LIVIT ANY AUTO (Ea accident $ ALL OWNED AUTOS BODILY INJURY sOIEOULED AUFfOS (Per person) $ AIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per 0"i6ent) S PROPERTY DAMAGE $ (Per accdent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENFION S S WORKERS COMPENSATION WC S TU AND EMPLOYERS' LIABILITY Y / N L ER ANY PROPRIETOWPARTNERIEXECUTtVE E L "CH ACCIDENT S OFFICEPJMEMBER EXCLUDED? ❑ (Mandatory In NH) E L DISEASE - EA EMPLOYEE S if es, descnbe under SP ECIAL PR01AStIONS t-Opw E L DISEASE - POLICY LINIlT S OTHER A Professional Liability #LRAFVTXI6AOM 2.0 0.0%) per occurrence I "A00. annual 01/05/2017 01/05/2018 a0gregale DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Holder named below is listed as an Additional Insured for the General Liability policy. CERTIFICATE HOLDER CANCELLATION The City of La Quinta SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 78495 Avenda La Fonda DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN La Quinta, CA 92253 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. t� AUTHORIZED REPRESENTATIVE . ACORD 28 (2009101) INS025 (20D901) @ 1988-2009 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD Effective date of this Endorsement: 2017-01-05 This Endorsement is attached to and forms a part of Policy Number: #LRAFVTX16AOM The City of La Quinta Referred to in this endorsement as either the "Insurer" or the "Underwriters" ADDITIONAL INSURED ENDORSEMENT FOR LANDLORDS, SPONSORS OR LESSORS This endorsement modifies insurance provided under the following: SPECIFIED_ MEDICAL PROFESSIONAL. GENERAL LIABILITY AND PRODUCTS/COMPLETED OPERATIONS LIABILITY INSURANCE In consideration of the premium charged for the Policy, it is hereby understood and agreed that with respect to General Liability coverage only: 1. Clause II. PERSONS INSURED is amended by the addition of the following: Any landlord, owner, or property manager of the Designated Premises; or any tradeshow or convention sponsor or operator. However, coverage provided for purposes of this endorsement, shall apply solely: a. to Claims first made against the Insured during the Membership Period or any Extended Reporting Period, if purchased; b. for Claims arising out the Named Insured's occupancy of, or failure to maintain the Designated Premises, but solely with respect to the products, goods or operations of the Named Insured and only if liability for such Claim is determined to be solely the negligence or responsibility of the Named Insured; and c. for Occurrences at, on or upon that portion of the Designated Premises which is occupied by the Named Insured and taking place during the term of the Named Insured's lease/occupancy of such Designated Premises. Provided, however, that coverage afforded to the landlord, owner or property manager of the Designated Premises, shall not apply to: (i) Any Occurrence or Accident which takes place after the Named Insured ceases to be a tenant in that premises; (ii) Structural alterations, new construction or demolition operations performed by or on behalf of the landlord, owner or property manager of the Designated Premises; (iii) Bodily Injury, Property Damage or Advertising Liability arising out of the sole negligence of the landlord, owner or property manager of the Designated Premises, unless covered under paragraph b. above; (iv) Bodily Injury, Property Damage or Advertising Liability arising out of the claimed negligence of the landlord, owner or property manager of the Designated Premises other than directly caused by the Named Insured's work in the ownership, maintenance or use of that part of the premises leased to the Named Insured which shall be imputed to the landlord, owner or property manager of the Designated Premises; or (v) Bodily Injury, Property Damage or Advertising Liability to any employee of the Named Insured or to any obligation of the landlord, owner or property manager of the Designated Premises, to indemnify another because of Damages arising out of such injury. Page 1 of 2 2. Clause V. DEFINITIONS is amended by the addition of the following: "Designated Premises" means all premises leased or rented to the Named Insured, or premises temporarily occupied by the Named Insured with permission of the owner, for a tradeshow or convention. All other terms and conditions of this Policy remain unchanged. 4 AWN; d,ed Raprexanlaslve Page 2 of 2 Caroline Doran From: Jocelyne Aleksiewicz <jaleksiewicz@Massagemag.com> Sent: Friday, October 06, 2017 6:04 AM To: Pam Nieto Cc: Caroline Doran; Heather Alves; Lindsay Dorsey; Cole Rogers; Teresa Brown; Jalen Belchamber; Erica Carroll Subject: RE: Karen Vielhaber Ins. #104258 Please understand that I have completed the COI as I am allowed to do. I have advised you and multiple people with the city, that her policy IS active and in effect until 01/05/2018, we do not cancel or refund policies, and we cannot put the current date at the top of the certificate as it would reflect false information. If that is not satisfactory, please speak to Karen about how she would like to handle her contract with your organization, as we have already addressed this issue multiple times. From: Pam Nieto [mailto:pnieto@Ia-quinta.orgj Sent: Thursday, October 5, 2017 5:49 PM To: Jocelyne Ale ksiewicz <jaIekslewicz@Massagemag.com> Cc: Caroline Doran <Cdorari a la-quinta,org> Subject: Karen Vielhaber Ins. #104258 Good afternoon, Caroline Doran from our Wellness Center asked that I would contact you regarding getting a current Certificate of Liability Insurance for your insured Karen Vielhaber. The attached COI is dated 1/5/2017. We must have one with a current date. A lot could have happened in 10 months and we need to be sure this policy is still enforce and this is why we need a COI issued by the Insurance Company. A letter or email will not suffice. This does not affect the policy nor the effective and expiration dates at all. You are just changing the date which states that as of today your policy number #LRAFVTXI6AOM is current. We have no problems receiving these from any of our vendors. If you need to speak with me, I am back in the office on Monday at 7:30 a.m., if not please email the new COI to Caroline Doran at cdoran@la-quinta.o0 Thank you aca Qwkra Pam Nieto I Deputy City Clerk City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7103 pnieto@la-quinto.org www.Lo-Quinta.org www.._pl4.yi,nl_g_qui.nta..com, Pam Nieto From: Alex Mellor <amellor@cjpia.org> Sent: Monday, October 09, 2017 8:44 AM To: Pam Nieto Cc: Caroline Doran Subject: RE: Karen Vielhaber Ins. #104258 CRM:00302936 Hi Pam I disagree with the explanation provided below. As stated clearly on every ACORD certificate, it does not confer any rights (e.g. additional insured status) on the certificate holder. Therefore, issuing a new certificate doesn't affect additional insured status. That being said, assuming Jocelyne is the contract instructor's broker, I am comfortable accepting the below email as confirmation that the instructor's policy is still in place. I would be sure to retain the email and keep it with the certificate. Let me know if you have any questions. Alex MelEor, ARM Risk Manager California Joint Powers Insurance Authority 8081 Moody Street, La Paima, CA M23 rn 562.631.0814 arnellor@cipia.org I - r I - A www.cjpia.org 000 From: Pam Nieto [mailto:pnieto@la-guinta.org] Sent: Monday, October 9, 2017 7:49 AM To: Alex Mellor <amellor@cjpia.org> Cc: Caroline Doran <Cdoran@la-guinta.org> Subject: FW: Karen Vielhaber Ins. #104258 Alex, could you please weigh in on this. She is not understanding about a current date on the COI Pam Nieto I Deputy City Clerk City of La Quinta 78495 Calle Tampico o La Quinta, CA 92253 Ph. 760.777.7103 pnieto@la-guinta.org website: www.La-Quinta.org From: Jocelyne Aleksiewicz [maiIto: jaleksiewicz(c�i Massagemag.com] Sent: Friday, October 06, 2017 6:01 AM To: Pam Nieto Cc: Lindsay Dorsey; Teresa Brown; Jalen Belchamber; Erica Carroll; Cole Rogers Subject: RE: Karen Vielhaber Ins. #104258 I have explained many times to multiple people that we cannot put the current date at the top of the certificate. I have gone over this with Karen and a lady with the city, and they both understood. Karen added the city to her insurance on 01/05/2017 as an additional insured, so that date MUST be reflected on the certificate. I have also emailed and explained that the policy period is effective from 01/05/2017-01/05/2018, which means that the policy is still active and in effect, with the city listed on the policy. If we were to put the current date (10/06/2017) at the top of the certificate, that would mean that the city was added as an additional insured as of 10/06/2017, which is FALSE, and would also NOT PROTECT the city against any liability from 01/05/2017-10/06/2017. The certificate clearly outlines this. I have never had another city or company request the current date to be listed on the policy, and as the insurance document is legally binding, we can't alter the date as that would affect the policy and limit the additional insured protection. We DO NOT cancel or refund policies, so that is not an issue with Karen's insurance. If you have further questions, please let me know. This response is indicating that Karen Vielhaber's insurance is current, active, effective, and doesn't expire until 01/05/2018. Have a wonderful day From: Pam Nieto [mailto:pnieto@la-guinta.org] Sent: Thursday, October 5, 2017 5:44 PM To: Jocelyne Aleksiewicz <ileksiewicz@Massagemag.com> Cc: Caroline Doran <Cdoran@la-guinta.org> Subject: Karen Vielhaber Ins. #104258 Good afternoon, Caroline Doran from our Wellness Center asked me to contact you with regards to getting a current Certificate of Liability Insurance for your insured: Karen Vielhaber Registered Yoga Instructor (RYT-500) Prime of Life Yoga Instructor (POLY-500) The current COI which is attached is dated 1/5/2017. We need one with a current date. A lot could have happened in 10 months. This will have no effect on the policy or effective and expiration dates. We must have a current issuance date so we know this policy is still in effect and has not been canceled for any reason. This is why we must have a new COI prepared by the insurance company. A email or letter will not suffice. We have no problems obtaining these from any of our vendors. If you need to speak with me, I am back in the office on Monday at 7:30 a.m. Thankyou Pam Nieto I Deputy City Clerk City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7103 pnieto@la-quinto.orq www.La-Quinta.org www.playintaquinta.com ta Qa4qra MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: October 30, 2017 RE: Mimi David, Leisure Classes, #AGR410502-17, Instructor Attached for your signature is an agreement with independent contracted instructor Mimi David for (Bridge Lessons) class(s). Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department $hail check and attach the items below as appropriate: X Contract payments will be charged to account number: 101-0000-42214 X Amount of Agreement, Amendment, Change Order, etc.: 60% 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: N/A Approved by the City Council on A.pril_18, 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $_ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The_ falloyri ng reauired dacument5 are trtpzhed #Q_the agreertient: X Insurance certificates as required by the agreement (approved by Risk Manager on 10/31/17 PSlldlate) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC- Expires 0108422 Exp. 2/28/2018 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 (Sandra) Revised May 2017 ta Qw ra (;EN1 aJ om 01:A 'r - City of La Quinta Community Resources Department INSTRUCTOR AGREEMENT Contract # 410502-17 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 MIMI DAVID, 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: LEISURE (BRIDGE) 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 bi- annual basis. Work proposals, once approved 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 60% of gross receipts collected to CONTRACTOR as compensation based upon the records and shall retain the remaining 40% 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 60% of gross fees to CONTRACTOR as compensation based upon the records and shall retain the remaining 40% 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 approved annual payroll calendar. Rev May 2015 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 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. INDE_MNIFICATION. To the fullest extent permitted by law, 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 Rev May 2015 2 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. 5. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original 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 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 participants of the program. Programs that are cancelled or changed by CONTRACTOR must be made up in a timely manner as approved by CITY. JW (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. 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. Rev May 2015 3 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. 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. 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. 8. 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. Should such authorization be granted, CONTRACTOR agrees to inform any subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. kQ (initials) Rev May 2015 4 Please list any/all subcontractors you may hire for the term of this INSTRUCTOR AGREEMENT. Name f Address i 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 RESOURCES COORDINATOR or COMMUNITY RESOURCES MANAGER 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: CONTRACTOR: Mimi David 37417 Mojave Sage Street Palm Desert, CA 92211 CITY: Community Resources Department City of La Quinta La Quinta, CA 92253 W (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 5 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") Digitally signed by bl058350-86e6-408 APPROVED: � �5 a6ed-947e59c8e57c Date: 2017.11.01 By: 08:57:48-07'00' Chris Escobedo Community Resources Director CC By. Ch Community Resources Manager Mimi David ("CONTRACTOR") APPROVED: By�.0 Si nature 37417 Mojave Sage Street Palm Desert, CA 92211 760-636-9816 Rev May 2015 r ACC)RP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/30//16 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 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* Bene-Marc Inc. EJC I_N" h (800) 247-1734 � � Nu . (.817 738-1811 dba Bene-Marc Athletic Insurance Agency CA # OE67789 ADDRESS: contactic bene-marc.com 6301 Southwest Blvd., Suite 101 Fort Worth, TX 76132 INSURE S AFFORDING COVERAGE NAIC # INSURER A : Atlantic Specialty Insurance Company INSURED INSURER B : AXIS Global Accident & Health Southern California Municipal Athletic Federation PO Box 3605 INSURER C South El Monte, CA 91733 INSURER D INSURER_ E : SCMAF Member: City of La Quinta INSURER F : COVERAGES CERTIFICATE NUMBER: Cert#: 9066-32189 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 _ ADDL SUER POLICY EFF. POLICY EXP LTR TYPE OF INSURANCE INSR ..11Y_A POLICY NUMBER IMMM2=1 JNMMRD= LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR CP03256-05 12/31,•'2016 12,131/2017 EACH OCCURRENCE $ I,000,000.00 PRFIM1F@ocrauMC0 $ 100,000.00 MEDEXP Any one person $ 5.000.00 PERSONAL & ADV INJURY $ 1,000,000.00 X INCLUDES Participant X Abuse or Molestation Coverage - Legal Liability GENERAL AGGREGATE $ 2,000,000.00 I Each Incident Limit $250,00000, Aggregate Limit $500,000.00. GEN'L AGGREGATE LIMIT APPLIES PER: PouCY 17R0 LOC PRODUCTS-COMP/OP AGG $ 1,000,000.00 Med Exp for Spectators ®nl AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) BODILY INJURY (Per accident) ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS $ PROPERLY DAMAGE era $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB _ CLAIMS -MADE $ DFD RETENTION $ WORKERS COMPENSATION WC STATULIMIT- OTH- JQJ3yAND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N I A E. L. EACH ACCIDENT $ (Mandatory in NH) E.L DISEASE - EA EMPLOYEE $ EL DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below B Excess Accident Medical SRPO-50256-243 12/31/2016 12/31/2017 Excess Medical Limit $10,000.00 Excess Medical Deductible: $0.00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate Holder is Named as Additional Insured with respect to the operations of the Named Insured. Approved SCMAF Instructional Class Activities as reported and paid to the carrier. SCMAF Member: Cityof La Quinta GtKIIHIGAItr1ULUMM 1,ClLN•YVUV-JL107 k'MJ'4.CL 1IVIM City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alisa Lynn Hall utu. shaft 91988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CP03256-05 COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): 78495 Calle Tampico La Quinta, CA 92253 Name Of Person(s) Or Organization(s) (Additional Insured): City of La Quinta Additional Premium: $ Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable Limits of Insurance shown in the Declarations. CG 20 1104 13 C Insurance Services Office, Inc., 2012 Page 1 of 1 taQaiara­ ( 1Z MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: October 26, 2017 RE: Janice Snyder, Fitness, #AGR471201-17, Instructor Attached for your signature is an agreement with independent contracted instructor Janice Snyder (Personal Trainer) class(s). There will be compensation to the instructor. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check_and attach the items below as appropriate: X Contract payments will be charged to account number: 101-0000-42214 X Amount of Agreement, Amendment, Change Order, etc.: 80% 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). tharit - o execute this agreement i5 a ed u on: X Approved by the City Council on April 18, 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ _and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The fottowing required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on 10/27/17 date) PSN N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC- 0111445 Expires 3/31/2018 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 (Sandra) Revised May 2017 ta Q",ra City of La Quinta — (;L�m q'fh,DESEWI_ — Community Resources Department Contract # 471201-17 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 JANICE SNYDER, 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: PERSONAL TRAINING 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 bi- annual basis. Work proposals, once proved by CITY will be attached as exhibits to this INSTRUCTOR AGREEMENT. (initials) 2. COMPENSATION. CONTRAC OR 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 80% of gross receipts collected to CONTRACTOR as compensation based upon the records and shall retain the remaining 20% 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. 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 Rev May 2016 1 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 by law, 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 Rev May 2016 2 monitor the handling of any such claim or claims if they are likely to involve CITY. 5. CANCELLATIONS/CHANGES. CITY RESPONSIBILITY. CITY will contact CONTRACTOR and all program participants if CITY cancels or changes a program from original 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 pro ram and coordinate with CONTRACTOR to schedule a make-up date. (initials) CONTRACTOR RESPONSIBILIT 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 participants of the program. Programs that are cancelled or changed by CON R must be made up in a timely T TO 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. 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. B. Vendor shall procure and maintain Sexual Abuse/Molestation Liability coverage with limits of not less than $100,000 per occurrence and $300,000 general aggregate. Coverage may be provided as part of Commercial General Liability coverage, Professional Liability coverage, or as a separate policy. Rev May 2016 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. 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. 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. 8. 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. Should such authorization be granted, CONTRACTOR agrees to info any subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. (initials) Rev May 2016 a 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 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: CONTRACTOR: CITY: Janice Snyder Community Resources Department 81881 Rancho Santana Drive City of La Quinta La Quinta, CA 92253 78495 Calle Tampico La Quinta, CA 92253 (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 2016 5 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, Janice Snyder COMMUNITY RESOURCES DEPARTMENT ("CONTRACTOR") ("CITY") APPROVED: By: Chris Escobedo Community Resources Director COU TE IGNED: J I B 1. - Ch o Calderon Community Resources Analyst APPROVED: By: _v Signs ure 81881 Rancho Santana Drive La Quinta, CA 92253 (847) 814-3518 Rev May 2016 ___ _M"N • SNYDJA3 OP ID: B5 14,1110pR" CERTIFICATE OF LIABILITY INSURANCE DATE 10/18/2017 ) 10/18/2017 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 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: Bobble Been InterWest Insurance Serv., LLC PHONE FAX. License #01301094 c No t • 530-895-1010 No: 530-895-1313 P.O. Box 8110 E-MAIL Ess, bbeeny@iwins.com Chico, CA 95927-8110 ACE Program INSURER(S) AFFORDING COVERAGE NAIL# INSURER A:Philadelphia Ind. Ins. Co, 18058 INSURED Janice Snyder INSURER B : 81881 Rancho Santana Dr La Quinta, CA 92253 INSURERC: INSURER D : INSURER E : INSURER F : C'C7 I F7Gr;FS f FRTIFIC:ATF NI IMRFIR RFVISION NI1MRFR: 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 POLICY NUMBER MMIDD/YYYY MMIDDIYYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE FX1 OCCUR X IPHPK1498882 02/28/2017 02128/2018 DAMAGE TO-RSRTE137- PREMI E Ee.occurrence $ 100,000 Prof Liability PER FORM PIHF1 11/95 02/28/2017 02/28/2018 X MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY PRO JECT O LOC PRODUCTS - COMP/OP AGG $ 3,000,00 $ OTHER: AUTOMOBILE LIABILITY COMBINED &NOLE LIMIT Ea accident $ BODILY INJURY (Per person) _ $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Peraecldern $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE P R O H- STATUTE FJ? ..._ $ E.L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N / A $ E.L. DISEASE - EA EMPLOYEE E. L. DISEASE - POLICY LIMIT IF yes, describe under DESCRIPTION OF OPERATIONS below $ 'PHPK1498882 02/2E12017 02128/2018 Each Occ 100,000 lkb"e/Molestation Aggregate 300,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certhalder is added as add'I insured but only with respect to the operations Of the named insured except for liability resulting from the add'I insured's sole negligence when rerluired by written contract per form attached. GER I IFIGA I t HULUtK UAll UMLI..A I [Uri SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of La Quinta ACCORDANCE WITH THE POLICY PROVISIONS. 78495 Calle Tampico La Quinta, CA 92253 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1498882 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: November 21, 2017 RE: Lee Anderson, Senior Tennis, #SeniorTennis2017, Volunteer/Coordinator Attached for your signature is an agreement with Volunteer Lee Anderson for (Open Tennis Group Play). There is no compensation paid to the volunteer coordinator. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requestin de artment shall check and attach the items below as appropriate: N/A Contract payments will be charged to account number: N/A Amount of Agreement, Amendment, Change Order, etc.: 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 exectite this,a_greement is baIgd Won: X Approved by the City Council on April 18, 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ _and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection jhg following required documents are attached ta_the agreement: N/A Insurance certificates as required by the agreement (approved by Risk Manager on _ _ date) 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 (Sandra) Revised May 2017 ta Qa�&(4j - •-- GEM of rn: f. vF RT -- City of La Quinta Community Resources Department Contract # SeniorTennis2017 VOLUNTEER COORDINATOR AGREEMENT This VOLUNTEER COORDINATOR AGREEMENT ("AGREEMENT") is hereby formed on July 1, 2017 through June 30, 2018, between the CITY OF LA QUINTA, COMMUNITY RESOURCES DEPARTMENT ("CITY") and LEE ANDERSON, 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. 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 698/015610-0002 11541254.1 all/02/17 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. 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. 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 698/015610-0002 11541254A all/02/17 -2- 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 AUDI❑ 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 Chunk Ginther 46200 Point Happy Way 424-202-1249 698/015610-0002 11541254.1 all/02/17 -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 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: Lee Anderson Community Resources Department 46200 Point Happy Way 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, Lee Anderson COMMUNITY RESOURCES DEPARTMENT ("CITY") ("VOLUNTEER") 698/015610-0002 11541254.1 al1/02/17 -4- APPROVED: Digitally signed by bl058350-86e6-4085- a6ed-947e59c8e57c Date: 2017.11.21 15:36:49-08'00' Chris Escobedo, Community Resources Director Signature COU E SIGNED: By:_-- r s in&Caldero Community Resources Manager 698/015610-0002 11541254.1 all/15/17 -5- APPROVED: By: 46200 Point Happy Way La Quinta, CA 92253 424-202-1249 ta Qai�tra - 1 �[ �[ •+� rlr Ili tif.f:l - MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Christopher Escobedo, Community Resources Director DATE: October 10, 2017 RE: Karen Vielhaber, Fitness Classes, #AGR420601-17, Instructor Attached for your signature is an agreement with independent contracted instructor Karen Vielhaber. There is compensation to instructor. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: 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 hosed upon: N/A Approved by the City Council on April 1$. 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement; X Insurance certificates as required by the agreement (approved by Risk Manager on_ 10/10/17 date) N/A Performance bonds as required by the agreement (originals) psn X City of La Quinta Business License number LIC-0100326 EXP 4/30/2018 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 (Sandra) Revised May 2017 ta Qa�t& City of La Quinta Community Resources Department Contract # 420601-17 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 KAREN VIELHABER, 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: FITNESS (YOGA) 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 worm will be requested y 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) (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 Rev May 2015 1 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 approved 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 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 by law, 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 Rev May 2015 2 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 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 Vo fcym and coordinate with CONTRACTOR to schedule a make-up date. 1_ 11(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 participants of the program. Programs that are cancelled or changed by CONT�',OR 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. Rev May 2015 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. 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. 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. 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. 7. BUSINESS _LI_CENSE. 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. 8. 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 ❑ISCRIMINATION. 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 , Rev May 2015 4 authorization from ITY. Should such authorization be granted, CONTRACTOR agrees to infor arhv subcontractor of all the stipulations of this INSTRUCTOR AGREEMENT. V (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 RESOURCES COORDINATOR or COMMUNITY PROGRAMS & WELLNESS 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: CONTRACTOR: Karen Vielhaber 49560 Avila Drive La Quinta, CA 92253 CITY: Community Resources Department City of La Quinta La Quta, CA 92253 AMT (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") Digitally signed by APPROVED: b 1058350-86e6-4085 -a6ed-947e59c8e57c Date: 2017.10.11 By: 11:17:05-07'00' Chris Escobedo Community Resources Director COUNTERSIGNED: r By: Chri a Calderon Community Resources Analyst Karen Vielhaber ("CONTRACTOR") APPROVED: B 17 Signature 49560 Avila Drive La Quinta, CA 92253 760-771-0692 Rev May 2015 Hello Karen, Below is your class information for January — April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 420601 Chair Yoga Instructor: Karen Veilhaber Certified Yoga Therapist (C-IAYT) Cost Da s Time Location W 1-1:45pm Multipurpose Room Chairs are located in room Sessions: 2/7-2/28; 3/7-3/28; 4/4-4/25 = Fee: $26.20 (4 weeks) (2128 class will be located in the Library classroom) Sessions: 1/3-1/31= $32.75 (5 weeks) Web Trac Brochure Info: A consistent chair yoga practice is beneficial to your body and mind. Your whole body benefits as yoga increases blood circulations, flexibility, mobility, improves balance, and stimulates the elimination of toxins. Pre -registration required. Drop in students are welcome. Fee $8.00. Instructor: Karen Vielhaber Certified Yoga Therapist (C-IAYT) and Registered Yoga Teacher (RYT500) Instructor Signature: _ate l ov ( l Signing this document only veri at 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. Monthly price is based on $6.55 per class Drop in fee: $8.00 Hello Karen, Below is your class information for October 2017 — April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 420606 Gentle Yoga Instructor: Karen Veilhaber Certified Yoga Therapist (C-IAYT) Cost _Day/s Time Location W 11am-12pm Multipurpose Room (Kitchen side) carpet needed Sessions: 10/4-10/25; 2/7-2/28; 3/7-3/28; 4/4-4/25 = Fee: $35 (4 weeks) (2128 class will be located in the Library classroom) Sessions: 11/1711/29; 1/3-1/31= $43.75 (5 weeks) Sessions: 12/6 & 12/27= $17; 50 (2 classes) Web Trac Brochure Info: An appropriate class for those wanting a softer, nurturing, slow paced, well supported relaxing practice. It includes carefully sequenced movements, controlled pressure and well measured stretches, including range of motion exercises. This style encourages a highly individualized approach with on -going engagement to make moment to moment adjustments. Pre- registration is required. Drop in students are welcome. Fee $10. Instructor: Karen Vielhaber, Certified Yoga Therapist (C-IAYT) and Registered Yoga Teacher (RYT 500) Materials: Yoga Mat, towel, and wear comfortable clothing. Instructor Signature: , . r ' -"\- .Date 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. Hello Karen, Below is your class information for October 2017— April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 420605 Gentle Yoga Instructor: Karen Vielhaber Certified Yoga Therapist (C-IAYT) Cost Day/s Time Location M 11am-12pm Museum Sessions: 10/2-10/30; 4/2-4/30; 11/6-12/4 = Fee: $43.75 (5 classes) Session: 1/8-1/29; 2/5-2/26; 3/5-3/26 = Fee: $35 (4 classes) 215 Class meets at Library classroom due to training at Museum Holidays: Monday, January 15 and Monday, February 19 — classes located in Wellness Center. _Web Trac Brochure Info: An appropriate class for those wanting a softer, nurturing, slow paced, well supported relaxing practice. It includes carefully sequenced movements, controlled pressure and well measured stretches, including range of motion exercises. This style encourages a highly individualized approach with on -going engagement to make moment to moment adjustments. Pre- registration is required. Drop -in students are welcome. Fee: $10. Instructor Karen Veilhaber, Certified Yoga Therapist (C=IAYT) and Registered Yoga Teacher (RYT 500). Materials: Yoga Mat, towel, and wear omfortable clothing Instructor Signature:Date /Z6 (-1 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. Hello Karen Vielhaber, Below is your class information for January — April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 420608 Gentle Yoga 2 Instructor: Karen Veilhaber Certified Yoga Therapist (C-IAYT) Cost oayls Time Location W 9:30-10:30am Multipurpose Room (Kitchen side) carpet needed Sessions: 2/7-2/28; 3/7-3/28; 4/4-4/25 = Fee: $35 (4 weeks) Sessions: 1/3-1/31= $43.75 (5 weeks) (2128 class will be located in the Library Classroom) Web Trac Brochure Info: Gentle Yoga 2 builds on the foundation in Gentle Yoga, or for individuals with some yoga experience. This will be more challenging than Gentle Yoga and will include flow sequences along with the traditional standing, balancing, and floor work. We will work on building strength in addition to all good things yoga has to offer. Pre- registration is required. Drop in students are welcome. Fee $10. Instructor: Karen Vielhaber, Certified Yoga Therapist (C-IAYT) and Registered Yoga Teacher (RYT 500) Materials: Yoga mat, towel and con1fortable clothing. Instructor Signature: L' _ Date ment O/ ` r Signing this docuonly verifies b-6 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. Hello Karen, Below is your class information for October 2017— April 2018. Please review and verify by typing your name and date on the lines below as soon as possible. 420607 Gentle Yoga 2 Instructor: Karen Veilhaber Certified Yoga Therapist (C-IAYT) Cost Days Time Location Monday 9:30-10:30am Museum Sessions: 1/8-1/29; 2/5-2/26 3/5-3/26 = Fee: $35 (4 classes) Sessions: 4/2-4/30 = $43.75 (5 classes) 215 Class meets at Library classroom due to training at Museum City Holidays: Monday, January 15, and Monday, February 19— classes located in Wellness Center Web Trac Brochure Info: Gentle Yoga 2 builds on the foundation in Gentle Yoga, or for individuals with some yoga experience. This will be more challenging than Gentle Yoga and will include flow sequences along with the traditional standing, balancing, and floor work. We will work on building strength in addition to all good things yoga has to offer. Pre -registration is required. Drop in students are welcome. Fee $10. Instructor: Karen Vielhaber, Certified Yoga Therapist (C-IAYT) and Registered Yoga Teacher (RYT 500) Instructor Signature: � _ C. date. 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. The La Quinta Arts Festival will be utilizing the Wellness Center from Monday, February 26 through Monday, March 5, 2018. A� CERTIFICATE OF LIABILITY INSURANCE rKVUu6tK I ril5 4;tK I IH ;A I t 17 ISJLItU AS A MA I I tK Ur' INFUKNIA I1 UN Insurance Plus 800-516-8822 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Willis of New York, Inc., Brookfield Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 200 Liberty Street, 6th Floor New York, NY 10281 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA Aspen Specialty Insurance Company 10717 Karen Vielhaber Report all claims to Insurance Plus Program via a -mail at 49560 Avila Drive Ins. # 104258 ProfessionalLiabilityClaims@aspen-insurance.com La Quinta, CA 92253 INSURER B: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR A001 POLICY EFFECTIVE POLICY 111211 11 11ATFOH T YP F R,A�1 CE -�-� ...POLICY NUMB£R....�.-. DATE[MMfDDffYYYI D JE IMM7DDfY1'YY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000.000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY 01 /05/2017 01 /05/2018 PREMISES tEa occwrente) $ 100.000 X OCCUR #LRAFVTX16AOM S NIA CLAIMS MADE MEDEXP IAny air. Pei son) A X PERSONAL 6 AOV INJURY S 2 000.ODD GENERAL AGGREGATE $ 3.000.000 GENT AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP/OP AGG $2,W0,000 X POLICY PPAT LOC BUS. PERS, PROP. AGG / DED $1,000/ $250 AUTOMOBILE LIABILITY COMBINED SINGLE LIVIT ANY AUTO (Ea accident $ ALL OWNED AUTOS BODILY INJURY sOIEOULED AUFfOS (Per person) $ AIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per 0"i6ent) S PROPERTY DAMAGE $ (Per accdent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENFION S S WORKERS COMPENSATION WC S TU AND EMPLOYERS' LIABILITY Y / N L ER ANY PROPRIETOWPARTNERIEXECUTtVE E L "CH ACCIDENT S OFFICEPJMEMBER EXCLUDED? ❑ (Mandatory In NH) E L DISEASE - EA EMPLOYEE S if es, descnbe under SP ECIAL PR01AStIONS t-Opw E L DISEASE - POLICY LINIlT S OTHER A Professional Liability #LRAFVTXI6AOM 2.0 0.0%) per occurrence I "A00. annual 01/05/2017 01/05/2018 a0gregale DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Holder named below is listed as an Additional Insured for the General Liability policy. CERTIFICATE HOLDER CANCELLATION The City of La Quinta SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 78495 Avenda La Fonda DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN La Quinta, CA 92253 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. t� AUTHORIZED REPRESENTATIVE . ACORD 28 (2009101) INS025 (20D901) @ 1988-2009 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD Effective date of this Endorsement: 2017-01-05 This Endorsement is attached to and forms a part of Policy Number: #LRAFVTX16AOM The City of La Quinta Referred to in this endorsement as either the "Insurer" or the "Underwriters" ADDITIONAL INSURED ENDORSEMENT FOR LANDLORDS, SPONSORS OR LESSORS This endorsement modifies insurance provided under the following: SPECIFIED_ MEDICAL PROFESSIONAL. GENERAL LIABILITY AND PRODUCTS/COMPLETED OPERATIONS LIABILITY INSURANCE In consideration of the premium charged for the Policy, it is hereby understood and agreed that with respect to General Liability coverage only: 1. Clause II. PERSONS INSURED is amended by the addition of the following: Any landlord, owner, or property manager of the Designated Premises; or any tradeshow or convention sponsor or operator. However, coverage provided for purposes of this endorsement, shall apply solely: a. to Claims first made against the Insured during the Membership Period or any Extended Reporting Period, if purchased; b. for Claims arising out the Named Insured's occupancy of, or failure to maintain the Designated Premises, but solely with respect to the products, goods or operations of the Named Insured and only if liability for such Claim is determined to be solely the negligence or responsibility of the Named Insured; and c. for Occurrences at, on or upon that portion of the Designated Premises which is occupied by the Named Insured and taking place during the term of the Named Insured's lease/occupancy of such Designated Premises. Provided, however, that coverage afforded to the landlord, owner or property manager of the Designated Premises, shall not apply to: (i) Any Occurrence or Accident which takes place after the Named Insured ceases to be a tenant in that premises; (ii) Structural alterations, new construction or demolition operations performed by or on behalf of the landlord, owner or property manager of the Designated Premises; (iii) Bodily Injury, Property Damage or Advertising Liability arising out of the sole negligence of the landlord, owner or property manager of the Designated Premises, unless covered under paragraph b. above; (iv) Bodily Injury, Property Damage or Advertising Liability arising out of the claimed negligence of the landlord, owner or property manager of the Designated Premises other than directly caused by the Named Insured's work in the ownership, maintenance or use of that part of the premises leased to the Named Insured which shall be imputed to the landlord, owner or property manager of the Designated Premises; or (v) Bodily Injury, Property Damage or Advertising Liability to any employee of the Named Insured or to any obligation of the landlord, owner or property manager of the Designated Premises, to indemnify another because of Damages arising out of such injury. Page 1 of 2 2. Clause V. DEFINITIONS is amended by the addition of the following: "Designated Premises" means all premises leased or rented to the Named Insured, or premises temporarily occupied by the Named Insured with permission of the owner, for a tradeshow or convention. All other terms and conditions of this Policy remain unchanged. 4 AWN; d,ed Raprexanlaslve Page 2 of 2 Caroline Doran From: Jocelyne Aleksiewicz <jaleksiewicz@Massagemag.com> Sent: Friday, October 06, 2017 6:04 AM To: Pam Nieto Cc: Caroline Doran; Heather Alves; Lindsay Dorsey; Cole Rogers; Teresa Brown; Jalen Belchamber; Erica Carroll Subject: RE: Karen Vielhaber Ins. #104258 Please understand that I have completed the COI as I am allowed to do. I have advised you and multiple people with the city, that her policy IS active and in effect until 01/05/2018, we do not cancel or refund policies, and we cannot put the current date at the top of the certificate as it would reflect false information. If that is not satisfactory, please speak to Karen about how she would like to handle her contract with your organization, as we have already addressed this issue multiple times. From: Pam Nieto [mailto:pnieto@Ia-quinta.orgj Sent: Thursday, October 5, 2017 5:49 PM To: Jocelyne Ale ksiewicz <jaIekslewicz@Massagemag.com> Cc: Caroline Doran <Cdorari a la-quinta,org> Subject: Karen Vielhaber Ins. #104258 Good afternoon, Caroline Doran from our Wellness Center asked that I would contact you regarding getting a current Certificate of Liability Insurance for your insured Karen Vielhaber. The attached COI is dated 1/5/2017. We must have one with a current date. A lot could have happened in 10 months and we need to be sure this policy is still enforce and this is why we need a COI issued by the Insurance Company. A letter or email will not suffice. This does not affect the policy nor the effective and expiration dates at all. You are just changing the date which states that as of today your policy number #LRAFVTXI6AOM is current. We have no problems receiving these from any of our vendors. If you need to speak with me, I am back in the office on Monday at 7:30 a.m., if not please email the new COI to Caroline Doran at cdoran@la-quinta.o0 Thank you aca Qwkra Pam Nieto I Deputy City Clerk City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7103 pnieto@la-quinto.org www.Lo-Quinta.org www.._pl4.yi,nl_g_qui.nta..com, Pam Nieto From: Alex Mellor <amellor@cjpia.org> Sent: Monday, October 09, 2017 8:44 AM To: Pam Nieto Cc: Caroline Doran Subject: RE: Karen Vielhaber Ins. #104258 CRM:00302936 Hi Pam I disagree with the explanation provided below. As stated clearly on every ACORD certificate, it does not confer any rights (e.g. additional insured status) on the certificate holder. Therefore, issuing a new certificate doesn't affect additional insured status. That being said, assuming Jocelyne is the contract instructor's broker, I am comfortable accepting the below email as confirmation that the instructor's policy is still in place. I would be sure to retain the email and keep it with the certificate. Let me know if you have any questions. Alex MelEor, ARM Risk Manager California Joint Powers Insurance Authority 8081 Moody Street, La Paima, CA M23 rn 562.631.0814 arnellor@cipia.org I - r I - A www.cjpia.org 000 From: Pam Nieto [mailto:pnieto@la-guinta.org] Sent: Monday, October 9, 2017 7:49 AM To: Alex Mellor <amellor@cjpia.org> Cc: Caroline Doran <Cdoran@la-guinta.org> Subject: FW: Karen Vielhaber Ins. #104258 Alex, could you please weigh in on this. She is not understanding about a current date on the COI Pam Nieto I Deputy City Clerk City of La Quinta 78495 Calle Tampico o La Quinta, CA 92253 Ph. 760.777.7103 pnieto@la-guinta.org website: www.La-Quinta.org From: Jocelyne Aleksiewicz [maiIto: jaleksiewicz(c�i Massagemag.com] Sent: Friday, October 06, 2017 6:01 AM To: Pam Nieto Cc: Lindsay Dorsey; Teresa Brown; Jalen Belchamber; Erica Carroll; Cole Rogers Subject: RE: Karen Vielhaber Ins. #104258 I have explained many times to multiple people that we cannot put the current date at the top of the certificate. I have gone over this with Karen and a lady with the city, and they both understood. Karen added the city to her insurance on 01/05/2017 as an additional insured, so that date MUST be reflected on the certificate. I have also emailed and explained that the policy period is effective from 01/05/2017-01/05/2018, which means that the policy is still active and in effect, with the city listed on the policy. If we were to put the current date (10/06/2017) at the top of the certificate, that would mean that the city was added as an additional insured as of 10/06/2017, which is FALSE, and would also NOT PROTECT the city against any liability from 01/05/2017-10/06/2017. The certificate clearly outlines this. I have never had another city or company request the current date to be listed on the policy, and as the insurance document is legally binding, we can't alter the date as that would affect the policy and limit the additional insured protection. We DO NOT cancel or refund policies, so that is not an issue with Karen's insurance. If you have further questions, please let me know. This response is indicating that Karen Vielhaber's insurance is current, active, effective, and doesn't expire until 01/05/2018. Have a wonderful day From: Pam Nieto [mailto:pnieto@la-guinta.org] Sent: Thursday, October 5, 2017 5:44 PM To: Jocelyne Aleksiewicz <ileksiewicz@Massagemag.com> Cc: Caroline Doran <Cdoran@la-guinta.org> Subject: Karen Vielhaber Ins. #104258 Good afternoon, Caroline Doran from our Wellness Center asked me to contact you with regards to getting a current Certificate of Liability Insurance for your insured: Karen Vielhaber Registered Yoga Instructor (RYT-500) Prime of Life Yoga Instructor (POLY-500) The current COI which is attached is dated 1/5/2017. We need one with a current date. A lot could have happened in 10 months. This will have no effect on the policy or effective and expiration dates. We must have a current issuance date so we know this policy is still in effect and has not been canceled for any reason. This is why we must have a new COI prepared by the insurance company. A email or letter will not suffice. We have no problems obtaining these from any of our vendors. If you need to speak with me, I am back in the office on Monday at 7:30 a.m. Thankyou Pam Nieto I Deputy City Clerk City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7103 pnieto@la-quinto.orq www.La-Quinta.org www.playintaquinta.com