2023-24 Calvert, Ken Congressman CA-41 - Sr. Medicare Event at LQ Wellness Center 2023-11-01MEMORANDUM
401thfrai
DATE: October 18, 2023
TO: Michael Calderon, CS Management Analyst
FROM: Caroline Doran, SR CS Specialist
RE: Short Form Service Agreement for Rep. Ken Calvert of California's 41st District for
FREE Senior Medicare Resource Fair.
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Approved by City Council on
City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must aDDlv):
Bid RFP n RFQ [ 3 written informal bids
Sole Source
Jr] Select Source U Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
Agreement payment will be charged to Account No.:
Agreement term: Start Date 11/1/2023 End Date 11/1/2024
Amount of Agreement, Amendment, Change Order, etc.: $
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: N/A see CJPIA approval email Date: 10/16/2023
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
Business License No. Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
Ottlifta
- - GEM of the DESERT
CITY OF LA QUINTA
SHORT -FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 6 day of October 2023, ("Effective
Date") by and between the City of La Quinta, a Municipal Corporation and Charter City organized under
the Constitution and laws of the State of California with its principal place of business at 78495 Calle
Tampico, La Quinta, CA ("City") and Rep. Ken Calvert, California's 41st District, a California State
Legislature Branch of Government with its principal place of business at 400 S. Vicentia Avenue, Suite 125,
Corona, CA 92882 ("Vendor"). City and Vendor are sometimes individually referred to as "Party" and
collectively as "Parties" in this Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached
Exhibit "A."
3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the
date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B."
4. TERM. The term of this Agreement shall be from November 1, 2023 to November 1, 2024 unless
earlier terminated as set forth in the attached Terms and Conditions.
5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement at
the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation
exceed -0- Dollars ($-0-) per fiscal year (July 1 to June 30) without written amendment.
6. FORCE MAJEURE. The time period specified for performance of the services rendered pursuant to
this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Vendor including, but not restricted to, acts of God or of the public
enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts
of any governmental agency other than City, and unusually severe weather, if Vendor shall within ten (10)
days of the commencement of such delay notify the City in writing of the causes of the delay. The City
shall ascertain the facts and the extent of delay and extend the time for performing the Services for the
period of the forced delay when and if in their judgment such delay is justified, and the City's determination
shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for
performance of services, which are determined by the City to be justified pursuant to this Section, shall not
entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing.
7. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
1
8. INSURANCE. In accordance with Section 4 of Exhibit "A," Vendor shall, provide a tort insurance Notice
in Lieu of Certificate of Insurance, explaining protections under the Federal Tort Claims Act (FTCA) 28 U. S. C.
2671-80, which allows the government to act as a self -insurer.
2
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the
day and year first above written.
CITY OF LA QUINTA
District
a California Municipal Corporation,
and Charter City
MICHAEL CALDERON
Community Services Analyst
red for over $5 'fl:
CHRISTI A LDERON
Community Services Deputy Director
ATTEST:
MONIKA RADEV , City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
I/9'1,2 -az 3
Rep. Ken Calvert, Califor41st Congressional
O F NAME:
OFFICER TITLE: Aimee".OIC Chkilie5
ILLIA - KE, r Attorney
City of La Quinta, California
3
EXHIBIT "A"
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid on a time and
materials or lump sum basis, as may be set forth in
Exhibit "C", within 30 days of completion of the Work
and approval by the City.
2. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state
and local government. Vendor shall assist the City, as
requested, in obtaining and maintaining all permits
required of Vendor by Federal, State and local
regulatory agencies. Vendor is responsible for all costs
of clean up and/or removal of hazardous and toxic
substances spilled as a result of his or her Work.
3. Standard of Care. The Vendor shall perform the
Work in accordance with generally accepted
professional practices and principles and in a manner
consistent with the level of care and skill ordinarily
exercised by members of the profession practicing
under similar conditions.
4. Insurance. The Vendor is self-insured and will provide a
tort insurance Notice in Lieu of Certificate of Insurance.
4.1 Pass Through Clause. Vendor agrees to ensure
that its sub -consultants, sub -contractors, and any other
party involved with the project who is brought onto or
involved in the project by Vendor, provide the same
minimum insurance coverage and endorsements
required of Vendor. Vendor agrees to monitor and
review all such coverage and assumes all responsibility
for ensuring that such coverage is provided in
conformity with the requirements of this section.
Vendor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the
project will be submitted to Agency for review.
5. Indemnification. Indemnification and holding
harmless by federal governmental entities is prohibited
under the provisions of the Antideficiency Act, 31
U.S.C. § 1341 and the Adequacy of Appropriations Act
41 U.S.C.§11.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County
of Riverside, State of California.
A-1
7. Termination. The City may terminate the services
procured under this Agreement by giving 10 calendar
days written notice to Vendor. In such event, the City
shall be immediately given title and possession to any
original field notes, drawings and specifications, written
reports and other documents produced or developed
for the services. The City shall pay Vendor the
reasonable value of services completed prior to
termination. The City shall not be liable for any costs
other than the charges or portions thereof which are
specified herein. Vendor shall not be entitled to
payment for unperformed services, and shall not be
entitled to damages or compensation for termination of
work. Vendor may terminate its obligation to provide
services under this Agreement upon 30 calendar days'
written notice to the City only in the event of City's
failure to perform in accordance with the terms of this
Agreement through no fault of Vendor.
8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone other
than the City and the Vendor. The unenforceability,
invalidity or illegality of any provision(s) of this
Agreement shall not render the other provisions
unenforceable, invalid or illegal. Notice may be given
or delivered by depositing the same in any United
States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to the parties
to the addresses set forth in the Agreement. Vendor
shall not assign, sublet, or transfer this Agreement or
any rights under or interest in this Agreement without
the written consent of the City, which may be withheld
for any reason. Vendor is retained as an independent
contractor and is not an employee of the City. No
employee or agent of Vendor shall become an
employee of the City. The individuals signing this
Agreement represent that they have the authority to
sign on behalf of the parties and bind the parties to this
Agreement. This is an integrated Agreement
representing the entire understanding of the parties as
to those matters contained herein, and supersedes and
cancels any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be modified or
altered except in writing signed by both parties hereto.
EXHIBIT "B"
SCOPE AND SCHEDULE OF SERVICES
Congressman, Ken Calvert will be offering Free Senior Medicare event from 9:OOam -
12:OOpm for the residents La Quinta. There will be local organizations participating offering
resources to the community.
B-1
EXHIBIT "C"
COMPENSATION FOR SERVICES
None.
TODD B. TATELMAN
PRINCIPAL DEPUTY GENERAL COUNSEL
U.S. HOUSE OF REPRESENTATIVES
OFFICE OF GENERAL COUNSEL
5140 O'NEILL HOUSE OFFICE BUILDING
WASHINGTON, DC 20515-6532
(202) 225-9700
FAX: (202) 226-1360
FROM: OFFICE OF GENERAL COUNSEL
TO: PROPERTY OWNER OR MANAGER
RE: NOTICE IN LIEU OF CERTIFICATE OF INSURANCE
BROOKS M. HANNER
ASSOCIATE GENERAL COUNSEL
SARAH E. CLOUSE
ASSOCIATE GENERAL COUNSEL
Please be advised that certain protections are available to Members of Congress who
obtain the use of facilities from nonfederal entities for the purpose of conducting their official
and representational duties.
The United States Government does not maintain private insurance for the use of
nonfederal facilities, but rather acts as a self -insurer pursuant to the terms of the Federal Tort
Claims Act. See Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2401(b), 2671-2680. The
Federal Tort Claims Act provides a statutory remedy for injury to a third party or damage to
property resulting from the negligent acts or omissions of a Member of Congress or his or her
employees in conducting official activities. Claims payable under the Federal Tort Claims Act
are backed by the full faith and credit of the United States. Accordingly, please accept this
Notice in lieu of a certificate of insurance.
If you have any questions, please contact the Office of General Counsel at (202) 225-
9700.
OGC Notice No. 118-01