2019-20 DRD - MOU Amendment 4 Joint Facility UseCU uW
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MEMORANDUM
TO: Christina Calderon, Community Resources Manager
FROM: Lisa Chaudhry, Administrative Technician
DATE: April 8, 2019
RE: Amendment #4 to Memorandum of Understanding (MOU) with Desert
Recreation District
Attached for your signature is Amendment #4 to the MOU with Desert Recreation District to
extend the term for one (1) year and to provide two (2) movies at the Fritz Burns Park on July
19 and August 16, 2019 for 2019/20.
Please sign the attached amendment and return to me for processing and distribution.
Reguesting del2artment shall check and attach the items below as
aggropriate•
N/A Contract payments will be charged to account number: 101-3003-60149
N/A Amount of Agreement, Amendment, Change Order, etc.: $0.00
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
N/A Department Manager's signature authority provided under Resolution No. 2018-014 for
budgeted expenditures of $5,000 or less.
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:
Ns rance certiff tes as required by the agreement (approved by Risk Manager on
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
Revised May 2017
AMENDMENT NO. 4 TO MEMORANDUM OF
UNDERSTANDING WITH DESERT RECREATION DISTRICT
This AMENDMENT NO. 4 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 2019 ("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, on or about July 9, 2017, the CITY and the DISTRICT amend
the Obligations of DISTRICT (Exhibit A) and Obligations of CITY (Exhibit B)
and executed Amendment No. 3; and
WHEREAS, the CITY and the DISTRICT wish to amend the MOU as
follows (Amendment No. 4):
1) Section 1.2 - TERM OF MEMORANDUM - extend the term of the MOU to
expire on June 30, 2020
2) Section 2.0 - OBLIGATIONS OF THE DISTRICT (Exhibit A)
3) Section 3.0 - OBLIGATIONS OF THE CITY (Exhibit B)
NOW THEREFORE, in consideration of the mutual covenant herein
contained, the parties agree as follows:
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, 2019 to June
30, 2020). 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, 2019, attached and
incorporated (DISTRICT obligations).
Exhibit A
Dated July 1, 2019
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 19, 2019 - Fritz Burns Pool
• August 16, 2019 - 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, 2019, attached and incorporated (CITY
obligations).
Exhibit B dated July 1, 2019 amended to read as follows:
Exhibit B
Dated July 1, 2019
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.
In all other respects, the original agreement shall remain in effect.
IN WITNESS WHEREOF, the CITY and the DISTRICT have executed this
Amendment No. 4 to the MOU for recreation, health and fitness opportunities
on the respective dates set forth below.
CITY: CITY OF LA QUINTA a California municipal corporation
Asti Calderon
Community Resources Manager
City of La Quinta
ATTEST:
Monika Ra4va, Cfit Clerk
City of La Quinta V
APPROVED AS TO FORM:
(e � z 4 L 1: y Z �—' /.,— , �
William Ihrke, City Attorney
City of La Quinta
Dated
SPECIAL DISTRICT: Desert Recreation District
K n Kalman, eneral Manager
Desert Recreation District
45-305 Oasis Street
Indio, CA 92201
Exhibit A
Dated July 1, 2019
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 19, 2019 - Fritz Burns Pool
August 16, 2019 - Fritz Burns Pool
Exhibit B
Dated July 1, 2019
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.
CALIFORNIA
j P I , A
Pam Nieto April 1, 2019
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Member Name: Desert Recreation District
Additional Protected Party: City of La Quinta
Activity: MOU No 16-06-009-LQ
Coverage Period: From 12:01 AM on 7/1/2019 to 11:59 PM on 6/30/2020
This Evidence of Coverage is issued on an annual basis and will be reissued every June by the Desert Recreation
District until expiration of the written contract.
The Desert Recreation District (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
On behalf of the Member, the California JPIA agrees to include the above -named additional Protected Party as a
Protected Party under the Memorandum of Coverage - Primary Liability Program, subject to the above -stated
limits, but only for "Occurrences" arising out of the described activity, during the described Coverage Period, and
where required under the terms of a written agreement between the Member and the additional Protected Party.
The California JPIA will endeavor to provide at least thirty (30) days notice of any change in the foregoing
information. If the written agreement requires, coverage shall be primary.
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. Any injury or damage caused
by the sole negligence of the additional Protected Party named above is not covered.
Sincerely,
Jim Thyden
Insurance Programs Manager
cc: Barb Adair, Desert Rec, badair@drd.us.com, Desert Recreation District
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY