2018-19 DRD - MOU Amendment 3 Joint Facility UseThis AMENDMENT NO. 3 to Memorandum of Understanding by and between the CITY
OF LA QUINTA (CITY), a California municipal corporation, and DESERT RECREATION
DISTRICT (DISTRICT), is made and entered into as of the 1st day of July 2018 ("Effective
Date") for recreation, health and fitness opportunities.
RECITALS
WHEREAS, on or about June 10, 2016, the CITY and the DISTRICT entered into
a Memorandum of Understanding (MOU) to provide facility use at no additional cost to
members of the DISTRICT during 10 holidays per calendar year and to allow La Quinta
Wellness Center members to use the La Quinta Community Fitness Center during the La
Quinta Arts Festival. The initial term of the MOU expired on June 30, 2017; and
WHEREAS, on or about April 25, 2017, the CITY and the DISTRICT agreed to
extend the term of the MOU and amend the Obligations of the DISTRICT (Exhibit A) and
execute Amendment No. 1. The extended term expired on June 30, 2018; and
WHEREAS, on or about June 19, 2017, the CITY and the DISTRICT amend the
Obligations of DISTRICT (Exhibit A) and executed Amendment No. 2 ; and
WHEREAS, the CITY and the DISTRICT wish to amend the MOU as follows
(Amendment No. 3):
1) Section 1.2 - TERM OF MEMORANDUM – extend the term of the MOU to expire
on June 30, 2019
2) Section 2.0 – OBLIGATIONS OF THE DISTRICT (Exhibit A)
3) Section 3.0 – OBLIGATIONS OF THE CITY (Exhibit B)
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
1) Section 1.2 amended to read as follows:
1.2 This MOU is to remain in effect for one (1) year (July 1, 2018 to June 30, 2019)
with an option to renew for an additional one (1) year following its execution by the parties
to this MOU. This MOU may be terminated at any time by any of the parties to the MOU
with a thirty (30) day written notice to the remaining party.
2) Section 2.0 amended to read as follows:
2.0 OBLIGATIONS OF THE DISTRICT. The DISTRICT will provide the services listed
on revised Exhibit A dated July 1, 2018, attached and incorporated (DISTRICT
obligations).
Exhibit A
Dated July 1, 2018
Obligations of DISTRICT
The DISTRICT will allow La Quinta Wellness Center fitness members use of the La Quinta
Community Fitness Center during:
a. the La Quinta Arts Festival, and
b. scheduled routine maintenance closures as determined by the City. The City
will provide the DISTRICT advanced notification in writing of routine
maintenance closures.
The DISTRICT will provide two (2) outdoor movies on the following dates and locations
along with two (2) staff members, movie equipment, set-up and showing of the movie:
• July 13, 2018 – Fritz Burns Pool
• August 17, 2018 – Fritz Burns Pool
3) Section 3.0 amended to read as follows:
3.0 OBLIGATIONS OF THE CITY. The CITY will provide the services listed on revised
Exhibit B dated July 1, 2018, attached and incorporated (CITY obligations).
Exhibit B dated July 1, 2018 amended to read as follows:
Exhibit B
Dated July 1, 2018
Obligations of the City
The CITY will allow La Quinta Community Fitness Center members use of the La Quinta
Wellness Center on the following holidays:
• Martin Luther King Day
• President Day
• Memorial Day
• 4th of July
• Labor Day
• Veteran’s Day
• Friday after Thanksgiving
• Christmas Eve
• New Year’s Eve
• New Year’s Day
Holiday use will be granted if said holidays fall on a Monday through Saturday. No
Sunday use will be granted.
The CITY will allow La Quinta Community Fitness Center members use of the La Quinta
Wellness Center during scheduled routine maintenance closures as determined by the
Exhibit A
Dated July 1, 2018
Obligations of the DISTRICT
The DISTRICT will allow La Quinta Wellness Center fitness members use of the La Quinta
Community Fitness Center during:
a. the La Quinta Arts Festival, and
b. scheduled routine maintenance closures as determined by the City. The City
will provide the DISTRICT advanced notification in writing of routine
maintenance closures.
The DISTRICT will provide two (2) outdoor movies on the following dates and locations
along with two (2) staff members, movie equipment, set-up and showing of the movie:
• July 13, 2018 – Fritz Burns Pool
• August 17, 2018 – Fritz Burns Pool
Exhibit B
Dated July 1, 2018
Obligations of the CITY
The CITY will allow La Quinta Community Fitness Center members use of the La Quinta
Wellness Center on the following holidays:
• Martin Luther King Day
• President Day
• Memorial Day
• 4th of July
• Labor Day
• Veteran’s Day
• Friday after Thanksgiving
• Christmas Eve
• New Year’s Eve
• New Year’s Day
Holiday use will be granted if said holidays fall on a Monday through Saturday. No
Sunday use will be granted.
The CITY will allow La Quinta Community Fitness Center members use of the La Quinta
Wellness Center during scheduled routine maintenance closures as determined by the
DISTRICT. The DISTRICT will provide the CITY advanced notification in writing of routine
maintenance closures.
The CITY will pay a total of $1,200 for the DISTRICT to provide the outdoor movies on
the dates and locations as listed on revised Exhibit A dated July 1, 2018.
June26,2018ChristinaCalderonCityofLaQuinta78495CalleTampicoLaQuinta,CA92253MemberName:DesertRecreationDistrictAdditionalProtectedParty:CityofLaQuintaActivity:JointuseoffacilitiesCoveragePeriod:From12:01AMon7/1/2018to11:59PMon6/30/2019ThisEvidenceofCoverageisissuedonanannualbasisandwillbeautomaticallyreissuedeveryJuneuntilexpirationofthewrittencontract.TheDesertRecreationDistrict(Member)alongwithotherCaliforniapublicagencies,isamemberoftheCaliforniaJointPowersInsuranceAuthority(CaliforniaJPIA),andparticipatesinthefollowingself-insuranceandcommercialinsuranceprogramthatisadministeredbytheCaliforniaJPIAforitsmembers:PrimaryLiabilityProgram,IncludingAutomobileLiabilityCoverageLimit:$1,000,000peroccurrenceAnnualAggregateLimit:$1,000,000OnbehalfoftheMember,theCaliforniaJPIAagreestoincludetheabove-namedadditionalProtectedPartyasaProtectedPartyundertheMemorandumofCoverage-PrimaryLiabilityProgram,subjecttotheabove-statedlimits,butonlyfor‘Occurrences”arisingoutofthedescribedactivity,duringthedescribedCoveragePeriod,andwhererequiredunderthetermsofawrittenagreementbetweentheMemberandtheadditionalProtectedParty.TheCaliforniaJPIAwillendeavortoprovideatleastthirty(30)daysnoticeofanychangeintheforegoinginformation.Ifthewrittenagreementrequires,coverageshallbeprimary.Coverageissubjecttoalltheterms,Definitions,Exclusions,ConditionsandResponsibilitiesoftheMemorandumofCoverage-PrimaryLiabilityProgramandtheLimitsofCoveragestatedabove.AnyinjuryordamagecausedbythesolenegligenceoftheadditionalProtectedPartynamedaboveisnotcovered.Sincerely,JimThydenInsuranceProgramsManagerCALIFORNIAPt‘ACALIF0RNEAJOINTPOWERSINSURANCEAUTHORITY8081MOODYSTREET,LAPALMA,CA90623TEL(562)467-8700FAX(562)860-4992
July 5, 2018
Kevin Kalman
mradeva@laquintaca.gov
desert Recreation District
45305 Oasis Street,
Indio, CA 92201
Member Name: City of La Quinta
Activity: Joint Use of Facility
Coverage Period: From 12:01 AM on 7/1/2018 to 11:59 PM on 6/30/2019
The City of La Quinta (Member) along with other California public agencies, is a member of the California
Joint Powers Insurance Authority (California JPIA), and participates in the following self-insurance and
commercial insurance program that is administered by the California JPIA for its members:
Primary Liability Program, Including Automobile Liability
Coverage Limit: $1,000,000 per occurrence
Annual Aggregate Limit: $1,000,000
Coverage is subject to all the terms, Definitions, Exclusions, Conditions and Responsibilities of the
Memorandum of Coverage - Primary Liability Program and the Limits of Coverage stated above.
Sincerely,
Jim Thyden
Insurance Programs Manager