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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