HomeMy WebLinkAboutA8895 - MARIANA DUSPIVA YOGA INSTRUCTORCONTRACT ABSTRACT
Contract prepared by: Janet Burns, Administrative Specialist
Submitted on: 11/14/23 By: Janet Burns
Note:
Contract
Company Name:
Company Contact:
Summary of Services:
Contract Price:
Funding Source:
Contract Term:
Munis Contract Number:
Mariana Duspiva Yoga
Mariana Duspiva, Instructor
Instructor Contract to teach Yoga Classes for Parks & Recreation
Department
$0, See Section 6, Compensation
None
Effective Date through June 30, 2024
Contract Administration
Lead Department:
Contract Administrator:
Parks and Recreation
Yvonne Wise, Director
Contract Approvals
Council/ Community Redevelopment
Agency Approval Date:
Agenda Item No./ Resolution No.:
Agreement No:
N/A
N/A
A8895
Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds
COMPLETED
COMPLETED
COMPLETED
N/A
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CITY OF PALM SPRINGS
INDEPENDENT CONTRACTOR 70/30 AGREEMENT
FOR PARKS & RECREATION INSTRUCTORS
FY 2023-2024
THIS INDEPENDENT CONTRACTOR AGREEMENT FOR A RECREATION INSTRUCTOR
(“Agreement”) is made and entered into this ______ day of __________, 2023 (“Effective
Date”), by and between Mariana Duspiva (“Instructor”), and the City of Palm Springs (the “City”)
located at 3200 E. Tahquitz Canyon Way, Palm Springs, with Instructor’s principal place of
business located at the Leisure Center (“Facility”), 401 S. Pavilion Way, Palm Springs, CA
92262.The City and Instructor are sometimes individually referred to as “Party” and collectively
as “Parties” in this Agreement.
1. RECITALS
A. City is a public agency of the State of California in need of professional
recreational instruction for: Yoga
B. Instructor is an independent Instructor and possesses the necessary
qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Instructor to provide the services described herein.
2. PURPOSE: The City hereby engages Instructor for the purpose of providing yoga
instruction, as further detailed in the Scope of Work attached hereto as Exhibit “A” and
incorporated herein by reference (the “Services”). Instructor shall complete the Services in
a skillful and competent manner, in accordance with all applicable laws, rules and
regulations, and in accordance with the terms of this Agreement. Instructor shall perform
such other duties as are customarily performed by one holding such position in other same
or similar businesses or enterprises as that engaged in by the City.
3. TERM: The term of this Agreement shall begin on Effective Date and shall expire on June
30, 2024, unless earlier terminated as provided in this Agreement.
4. INDEPENDENT INSTRUCTOR: The Parties intend and agree that at all times during the
performance of services pursuant to this Agreement, Instructor is and shall be acting as an
independent Instructor.
Instructor understands and acknowledges that in entering into this Agreement Instructor is
an Independent Instructor and not an employee of the City and is not eligible for any benefits
of City employment. Instructor further understands and acknowledges that City does not
maintain any Workers’ Compensation, accident or any type of insurance coverage for
Independent Instructors. City shall not be liable for any payment or compensation in any
form to Instructor other than as provided for herein. Other than the use of the facility,
Instructor shall be responsible to use his or her own tools, supplies and equipment
consistent with Section 6 herein and is responsible to determine the method and manner of
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instruction consistent with Section 2 herein.
5. EQUIPMENT AND LABOR: Instructor shall furnish all tools, equipment, apparatus,
supplies, and materials (“Supplies and Equipment”) required for performance of the
Services, unless otherwise mutually agreed by the City. Instructor assumes all risk of loss,
damage, or harm to the Supplies and Equipment arising in connection with the Services of
this Agreement.
Instructor acknowledges they have access to the Facility for the purpose of holding classes
on Saturdays and City holidays when Facility is closed to the public. Instructor is responsible
for securing and locking the room and Facility upon departure in those instances where
class participants are the last occupants in the Facility. Instructor is not authorized to
operate classes outside of the contractual schedule. City is not responsible for loss or
damage of supplies, equipment, or items left behind.
COLLECTION OF FEES: Fees shall be collected by the City through set registration
procedures implemented by designated City staff (“Registration Fees”). Instructor is not
authorized to collect Monthly Registration Fees or Annual Recreation Fees on behalf of the
City. Instructor is responsible for collection of drop-in fees and tracking of number of
scans/punches for participants. Drop-In Fees to be submitted to City and processed for
payment via the City of Palm Springs ActiveNet registration system.
In some instances, additional fees for supplies and/or materials necessary for the
participation in and the completion of the class, program, camp, activity, etc. may be
imposed by Instructor and are not considered Registration Fees and therefore will not be
collected by the City. These fees will be collected by and paid directly to the
Contractor/Instructor.
6. COMPENSATION: City agrees to pay Instructor for the performance of Services on the
following terms upon the Effective Date of this Agreement:
A. 70% of class registration fees collected
B. All compensation shall be processed at the end of each month and paid in
accordance with the accounts payable schedule.
C. Instructor shall not be entitled to any additional compensation.
7. PAYMENT: The compensation provided in Paragraph 7 of this Agreement shall be paid
upon satisfactory completion of the Services. The City Department of Parks and Recreation
will provide Instructor with a printed report from ActiveNet. ActiveNet report will state the
number of people registered for the program and the amount of money collected. Instructor
will review and approve record.
8. SUBCONTRACTORS: In the event Instructor will not be able to teach class due to illness
or any other reason, Instructor shall implement the following procedure:
a. Instructor shall procure a substitute Instructor equally or better qualified and
acceptable to the City to instruct class at the prescribed time and place.
Subcontractors must meet the criminal background screening and fingerprinting
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requirements according to California Public Resources Code Section 5164. All
substitute Instructors must be approved by the Department of Parks and Recreation
prior to providing services.
b. All subcontracts shall contain a provision making them subject to all applicable terms
and conditions of this Agreement. A copy of all subcontracts shall be provided to the
City within fifteen (15) days of subcontract execution.
c. Instructor shall notify assigned designated staff regarding the substitute’s name,
qualifications, address, and phone information. Payment of all subcontractors shall
be the responsibility of Instructor.
d. If a substitute cannot be procured, the class will be canceled and a make-up class
added to the end of the session. Instructor shall be responsible for notifying the
students of the cancellation.
9. SUPERVISION: Instructor shall establish appropriate rules for participation in the Services
and shall assume responsibility for student discipline to ensure adequate protection of
students and facility. Instructor agrees to work with assigned City staff to maintain accurate
enrollment records.
10. FACILITY: The City shall be responsible for providing a suitable facility for the conduct of
the Services (the “Facility”) as specified in Exhibit A, unless otherwise noted under the
“Special Arrangements” provision of this Agreement. As part of the Services, Instructor shall
be solely responsible for setting up the Facility for instruction and maintaining the Facility in
a clean, safe, and orderly manner. Instructor shall be responsible for cleaning and/or
restoring the Facility to its usual condition following each class session. City representatives
shall at all times have access to the Facility, whenever Services are in progress, to monitor
programs for quality.
11. CONDUCT: Instructor understands that the City is a public entity under the laws of the
State of California, and that the City’s purpose in engaging Instructor is to provide its
residents with recreational activities in a manner that will foster a sense of community,
security, fun, and fair play. Instructor agrees to conduct himself/herself in a manner that
will further these goals. Instructor further acknowledges that failure to do so may result in
immediate termination of this Agreement.
12. COORDINATION OF SCHEDULE: Instructor agrees to coordinate with the City specified
time(s) and date(s) for the Services in order to avoid conflict of use as outlined in Exhibit A.
Dates and times shall be contingent upon Facility operational hours, and availability due to
holidays and other events. It is agreed that the resolution of any conflict is at the sole
discretion of the City Manager or his/her designee. Coordination is for the sole purpose of
coordinating City’s recreational program schedules and not to determine the method or
means of performing the Instructor’s services.
13. PUBLICITY: Instructor shall not advertise, print, or publish any promotional materials in
connection with the Services without the prior written approval of the City Manager or his/her
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authorized representative. The City reserves the right to broadcast, televise, and
photograph the Services for the purpose of advertising.
14. INSTRUCTOR REPRESENTATIONS AND ACKNOWLEDGMENTS: By signing this
Agreement, Instructor represents and acknowledges:
a. That the information provided by the Instructor in the Contract Class/Program
Proposal ("Proposal") and this Agreement is true and correct to the best of
Instructor’s knowledge. Instructor further understands and agrees that any material
misrepresentation may result in the immediate cancellation of this Agreement without
prior notice or right of appeal.
b. That the City will fingerprint all prospective instructors and substitute instructors for
the Recreation Department who may have supervisory or disciplinary authority over
minors, pursuant to Public Resources Code section 5164, prior to the
commencement of instruction. Instructor understands the City will submit the
fingerprints to the Department of Justice to obtain summary criminal history
information on all such prospective instructors, as authorized by California Penal
Code section 1105.3. Instructor understands that, as authorized by California Public
Resources Code section 5164, the City will refrain from hiring any prospective
instructor whose criminal summary record shows a conviction for any offense
specified by that section.
c. Instructor understands that a background investigation may be conducted in order
to verify Instructor’s responses in the Proposal and/or Agreement and to otherwise
obtain information as to Instructor’s character, reputation, personal characteristics,
work habits, academic credentials, job performance, experience and/or criminal
history from various private and public sources, along with other public records
available. Instructor further understands that this investigation may involve an
"investigative consumer report" that may include information as to Instructor’s
character, general reputation, or personal characteristics, obtained through personal
interviews with neighbors, friends, associates and/or others who may have
knowledge of such items of information. Instructor understands that Instructor has a
right within a reasonable period of time to request a complete and accurate
disclosure of the nature and scope of the investigative consumer report. Instructor
recognizes, however, that such disclosure will not include the names of sources, the
information obtained, nor a copy of the investigative consumer report.
15. HOLD HARMLESS AND INDEMNIFICATION: Instructor shall defend, indemnify, and hold
harmless the City, its officials, officers, agents, employees, and volunteers (“Indemnified
Parties”) free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage, or injury in law or equity to property or persons, including
wrongful death, in manner arising out of our incident to any alleged acts, omissions, or willful
misconduct of Instructor, its employees, agents, consultants, Instructors, and volunteers
arising out of or in connection with the performance of the Services or this Agreement,
including without limitation the payment of all consequential damages and attorney’s fees
and other related costs and expenses. Instructor shall pay and satisfy any judgement,
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award, or decree that may be rendered against the Indemnified Parties, or any of them, in
any such suit, action, or other legal proceeding. Instructor shall reimburse the Indemnified
Parties for any and all legal expenses and costs incurred by any of them in connection
therewith or in enforcing the indemnity herein provided. Instructor’s obligation to indemnify
shall not be restricted to insurance proceeds, in any, received by the Indemnified Parties.
Such indemnification shall cover death or bodily injury to any person; injury to, loss, or theft
of property, injury arising from the furnishing or use of any copyrighted or uncopyrighted
composition, secret process, or patented or unpatented invention, or any other type of
injury, whether such injury or damage occurs on or off City property. This provision shall
survive any expiration or termination of this Agreement.
16. RELEASE OF LIABILITY; WAIVER OF CLAIMS:
a. Instructor fully releases, waives all claims against and discharges the City, its
officials, officers, directors, employees, agents, Instructors and volunteers
(“Released Parties”) from any and all claims, actions, debts and liabilities for
damages which Instructor or any of its subcontractors or related parties (“Instructor
Parties”) now have or in the future may have against the Released Parties for any
injuries, loss through theft, or damage to property suffered by the Instructor Parties
by reason of performance of the Services, this Agreement, or by reason of the
presence on City premises or in City facilities in conjunction with the performance of
the Services. Instructor assumes full responsibility for any injuries, damages or
losses that Instructor or the Instructor Parties may incur in performing this
Agreement, regardless of any negligence on the part of the Released Parties.
b. This waiver and release specifically constitutes a waiver of each and all of the
provisions of California Civil Code section 1542. With respect to the matters released
hereunder, Instructor waives any rights or benefits that he or she might otherwise
have under California Civil Code section 1542, or any other similar law. California
Civil Code section 1542 provides:
“A general release does not extend to claims that the creditor or releasing party does
not know or suspect to exist in his or her favor at the time of executing the release
and that, if known by him or her, would have materially affected his or her settlement
with the debtor or released party.”
c. Instructor has read and understands that the above waiver and release will prevent
the Instructor or the Instructor’s estate from recovering damages in the event of
bodily injury, death, or damage to property. Nevertheless, Instructor executes this
Agreement freely and voluntarily and agrees that it will be binding upon the Instructor
and the Instructor’s heirs, assigns, successors, and legal representatives. Instructor
shall not allow any Instructor Parties to participate in the Services unless and until
such Instructor Parties have executed a waiver and release containing the terms
above. The above waiver and release shall survive any expiration or termination of
this Agreement.
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18. INSURANCE: The City reserves the right to require Instructor to maintain insurance for the
duration of this Agreement. Insurance requirements, if any, are attached as Exhibit "B" and
incorporated herein by reference. Instructor shall provide City with proof of insurance prior
to the commencement of Services.
19. ASSUMPTION OF RISK: It is understood that Instructor and any subcontractors of
Instructor are not covered by the City’s Worker’s Compensation Insurance and, therefore,
perform the Services at their own risk. The City shall not be liable for any personal injuries
incurred during the performance of the Services or this Agreement. Any substitute or
subcontractor for Instructor shall not be a volunteer and shall not be considered an
employee of Instructor. If Instructor has employees, Instructor shall be required to provide
Worker’s Compensation Insurance as required by the State of California Employer’s
Liability Insurance. This provision shall survive any expiration or termination of this
Agreement.
20. TUBERCULOSIS SCREENING: If the Services involve park, playground, recreational
centers used for recreational purposes by the City, and if the Services will include being in
contact with children, prior to commencing performance of the Services, Instructor shall
provide to the City a certificate showing that within the last two years the Instructor has been
examined and has been found to be free of communicable tuberculosis.
21. GENERAL COMPLIANCE WITH LAWS. Instructor shall comply with all federal, state, and
local laws, statutes, rules and regulations in any manner affecting the performance of the
Services or this Agreement.
22. AMERICANS WITH DISABILITIES ACT: Instructor agrees that he or she shall make every
attempt to accommodate people with physical and/or mental disabilities. Instructor shall not
discriminate on the basis of such disabilities.
23. GOVERNING LAW: This Agreement shall be interpreted in accordance with the laws of the
State of California. Venue shall be in Riverside County, California.
24. ATTORNEY FEES: In the event of litigation between the Parties, the prevailing Party shall
be entitled to recover all reasonable costs incurred, including reasonable attorney's fees,
as determined by the court.
25. BUSINESS LICENSE: Instructor shall obtain and follow all business license requirements
as outlined in City Municipal Code Chapter 3.40. All business license requirements must
be met prior to approval of this Agreement.
26. MODIFICATION: No amendment or modification of this Agreement is valid unless made in
a writing signed by both Parties to this Agreement.
27. NON-ASSIGNMENT: Instructor shall not have any right to assign and/or transfer his or her
rights and/or obligations under this Agreement without the prior written consent of the City.
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28. DEFAULT: Failure to comply with any of the terms and/or conditions of this Agreement
shall constitute default by the Instructor.
29. TERMINATION: This Agreement may be terminated for convenience by the City upon thirty
(30) days written notice to Instructor. The City shall have the right to immediately terminate
this Agreement for cause, without prior notice, and without penalty or liability on the part of
the City. Termination for cause shall be made by written notice setting forth the effective
date of termination.
30. NOTICE: Any notice required to be given pursuant to this Agreement may be personally
served on the Parties or may be served by certified mail, return receipt request, to the
Parties signing this Agreement, at the addresses specified on the signature page.
31. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
parties concerning the subject manner hereof and supersedes all agreements,
representations, statements, promises, and understandings, whether oral or written, with
respect to the subject matter hereof.
32. SEVERABILITY: In the event any terms or condition of this Agreement shall be held to be
invalid and unenforceable by a court of competent jurisdiction, the other terms and
conditions of this Agreement shall be valid and binding on the Parties hereto. The
unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render
the other provisions unenforceable, invalid or illegal. Waiver by any Party of any portion of
this Agreement shall not constitute a waiver of any other portion thereof.
33. SPECIAL ARRANGEMENTS: Special arrangements may be further detailed in Exhibit “A”.
34. COORDINATION OF WORK:
Mariana Duspiva, Yoga Instructor
c/o 401 S. Pavilion Way, Palm Springs, CA 92262
(760) 333-7059 | mduspiva@yahoo.com
Yvonne Wise, Director of Parks & Recreation
401 S. Pavilion Way, Palm Springs, CA 92262
(760) 323-8272 | yvonne.wise@palmspringsca.gov
35. NON-EXCLUSIVE AGREEMENT: Instructor is not in an exclusive Agreement with the City
and is free to perform the same or similar services for others without restriction by the City.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
year last written below.
CITY OF PALM SPRINGS RECREATIONAL YOGA INSTRUCTOR
Yvonne Wise Mariana Duspiva
Director, Parks & Recreation Yoga Instructor
APPROVED AS TO FORM:
_____________________________
Jeff Ballinger
City Attorney
ATTEST:
_____________________________
Brenda Pree
City Clerk
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EXHIBIT A
SCOPE OF WORK
I. RECREATIONAL INSTRUCTION DESCRIPTION
Instructor warrants that that he/she is qualified to provide professional recreation instruction
services in a manner consistent with industry standards to teach yoga.
II. FACILITY
The City shall use best efforts to make available to Instructor the Leisure Center Dance
Studio during normal Center operating hours, or as indicated below; subject to City’s right
to use or lease to third parties the City facilities, which right the City may exercise in its sole
and absolute discretion.
Instructor acknowledges that the City reserves the right to temporarily relocate the group at
the City’s discretion.
III. CLASS SCHEDULE
Classes will be scheduled on Mondays – Saturdays. Class hours may be adjusted based
on seasons with written approval of the Parks & Recreation Director. The standard schedule
is as follows:
DAY DURATION TIME
Mondays &
Wednesdays
1 hour
9:00 AM – 10:00 AM
Fridays &
Saturdays
1 hour 9:00 AM – 10:00 AM
Tuesdays &
Thursdays
1 hour
1 hour
10:00 AM – 11:00 AM
2:00 PM – 3:00 PM
City
Holidays
1 hour 9:00 AM – 10:00 AM, or as scheduled by Instructor
IV. CLASS PROMOTIONAL FLYER
The City of Palm Springs Parks & Recreation staff shall produce a flyer to help promote
the Instructor-led classes.
V. CLASS FEE SCHEDULE
Classes will be scheduled on Mondays – Saturdays during recreational facility standard
operational hours. Scan / Punch Card Fees and Membership Fees shall be collected via
the City of Palm Springs ActiveNet registration system. No waitlist will be utilized.
Contractor is responsible for collection of drop-in fees and tracking of number of
scans/punches for participants. Drop-In Fees to be submitted to City and processed for
payment via the City of Palm Springs ActiveNet registration system.
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CLASS REGISTRANT TYPE CLASS FEE
Drop-In $10.00 Cash
Drop-In $12.00 Credit Card
Scan / Punch Card (10 visits) $100.00
VI. CITY OF PALM SPRINGS PARKS & RECREATION FEES
A City of Palm Springs Annual Recreation Membership is required to participate in
Instructor-led classes. City of Palm Springs recreation membership fees are set annually
and are subject to change by subsequent City action.
CITY OF PALM SPRINGS
RECREATION MEMBERSHIP
TYPE
ANNUAL FEE
Palm Springs Resident
Proof of residency required
Adult $5 Youth $5 (Ages 4-12)
Non-Resident Adult $102 Youth $27 (Ages 4-12)
VII. COMMUNITY EVENTS
Instructor may be asked to provide yoga demonstrations and/or educational sessions at
City of Palm Springs Parks & Recreation Department community events and meetings, as
requested. Activities may be scheduled up to two (2) times during the term of this
Agreement with no additional compensation to the Instructor.
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CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328
BUSINESS LICENSE CERTIFICATE
Fees Paid:$107.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
Business Name:Mariana Duspiva Yoga
DBA:
Owner:Mariana Duspiva
Mailing Address:1331 E Lindo Circle
Palm Springs, CA 92262
License Number:ICA-002220-2023
Expiration Date:08/31/2024
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location:401 S Pavilion Way, Palm
Springs, CA 92262
Business Description:Yoga Classes @ Leisure Center
TO BE POSTED IN A CONSPICUOUS PLACE
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