2020-22 DRD - MOU Joint Facility UseMEMORANDUM
DATE:
TO:
FROM:
RE:
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 Police
[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 apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ Sole Source ___ Select Source ___ 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 ________________ End Date ______________
___ 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: ______________________________ Date: _______________
___ 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)
November 1, 2021
Jon McMillen - City Manager
Michael Calderon - Community Resources Analyst
MOU with Desert Recreation District regarding use of facilities during holidays and La
Quinta Art Celebration
n/a
n/a
Nov. 1, 2021 Nov. 1, 2022
n/a
✔
Nichole Romane 11/2/2021
✔501(c)3 Non-Profit
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LA QUINTA
AND
DESERT RECREATION DISTRICT
This Memorandum of Understanding ("MOU") is made by and between the
CITY OF LA QUINTA, a California municipal corporation ("CITY"), and DESERT
RECREATION DISTRICT ("DISTRICT"), with respect to the following:
RECITALS
WHEREAS, the CITY desires to collaborate with the DISTRICT to provide
recreation, health and fitness opportunities, and any other mutually agreed upon
respective reciprocal fitness use for residents in the community; and
WHEREAS, the CITY and DISTRICT desire to work cooperatively to provide
facility use at no additional cost to members of the DISTRICT during holidays
per calendar year and to allow La Quinta Wellness Center members use of
the La Quinta Community Fitness Center during the La Quinta Art Celebration.
This shared use is in the best interest of La Quinta residents.
NOW, THEREFORE, CITY and DISTRICT agree to the following:
1.0 TERM OF MEMORANDUM.
1.1 All Recitals set out above are true and correct.
1.2 This MOU is to remain in effect for 1 (one) year (November 2021 to
November 2022) with an option to renew for an additional 2 (two) years 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 30 (thirty) day written notice to the
remaining party.
2.0 OBLIGATIONS OF THE DISTRICT. DISTRICT will provide the services
listed on Exhibit A attached and incorporated ("DISTRICT obligations").
3.0 OBLIGATIONS OF CITY. CITY will provide the services listed on Exhibit B
attached and incorporated ("CITY obligations").
4.0 MUTUAL INDEMNITY AND RELEASE. The CITY and DISTRICT each
hereby agree to indemnify, defend, and hold harmless the other party and its
officers, employees, agents, and authorized volunteers (collectively, "lndemnitees")
from and against any and all claims, causes of action, obligations, losses, liabilities,
judgments, or damages, including reasonable attorneys' fees and costs of litigation
(collectively "Claims") arising out of and/or in any way relating to the indemnifying
party's activities in the performance of this Memorandum, or to the indemnifying
party's acts and/or omissions in providing or admin istering the same, excepting
only those Claims arising out of the sole negligence or willful misconduct of the
Indemnitees. This Agreement is not intended to and specifically does not create
joint and several liability.
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5.0 INSURANCE. The Parties agree to provide insurance in accordance with the
provisions of this Section.
5.1 CITY'S Insurance Obligation. Without limiting the indemnification provisions
provided herein, CITY, at its sole expense, shall obtain and keep in force during the
term of this MOU and any extensions thereof, a policy or policies of general liability
insurance covering all injur ies to persons and damage to property occurring in,
upon or about the Premises resulting from any actions or omissions of the CITY or
any use of the Premises by the City or its invitees in accordance with the terms of
this MOU. Such policy or policies shall be issued by an insurance company licensed
to do business in the State of California and be rated A-/VIII or better by
ambest.com. At the CITY's option, CITY shall be allowed to self-insure the insurance
coverage as required above.
5.2 DISTRICT's In surance Obligation. Without limiting the indemnification
provisions provided herein, DISTRICT, at its sole expense, shall obtain and keep in
force during the term of this MOU and any ext ensions thereof, a policy or policies of
general liability insurance covering all injuries to persons and damage to property
occurring in, upon or about the Premises resulting from any actions or omissions of
DISTRICT or any use of the Premises by DISTRICT or its invitees in accordance with
the terms of this MOU. The policy or policies evidencing such insurance shall be
endorsed to name the CITY, its officials, officers, employees, and agents as
additional insured, shall provide that same may not be cancelled or amended
without thirty (30) days prior notice to CITY, and shall provide for a combined
single limit coverage of bodily injury and property damage in the amount of not less
than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an
insurance company licensed to do business in the State of California and be rated
A-/VIII or better by ambest.com. Prior to the Commencement Date of this MOU,
and upon renewal of such policies, DISTRICT shall submit to CITY certificates of
insurance and any applicable endorsements evidencing that the foregoing policy or
policies are in effect.
6.0 ADDITIONAL PROVISIONS.
6.1 In all cases, the language in all parts of this MOU shall be construed
according to its fair meaning and not strictly for or against either party, if being
agreed that the parties or their agents have all participated in the preparation of
this MOU.
6.2 This MOU contains the entire agreement of the Parties and supersedes any
prior oral or written statements or agreements between the Parties regarding the
exhibits.
6.3 No termination of this MOU shall release either party from any liability or
obligation hereunder resulting from any acts, omissions or events happening prior
to the termination of this MOU.
6.4 In the event either party brings any suit or other proceeding with respect to
the subject matter or enforcement of this MOU, the prevailing party (as determined
by California law) shall, in addition to such other relief as may be awarded, be
entitled to recover reasonable attorneys' fees, expenses and costs of suit or
investigation as actually incurred (including, without limitation, reasonable
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EXHIBIT "A"
Obligations of DISTRICT
The DISTRICT will allow La Quinta Wellness Center fitness members use of the La
Quinta Community Fitness Center during the La Quinta Art Celebr ation.
The DISTRICT will allow La Quinta Wellness Center fitness members use of the La
Quinta Co mmunity Fitness Center during scheduled routine maintenance closures
as determined by CilY. The CITY will provide the DISTRICT advanced notification in
writing of routine maintenance closures.
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EXHIBIT "B"
Obligations of CITY
CITY will allow La Quinta Community Fitness Center Members use of the La Quinta
Wellness Center on the following holidays.
•Martin Luther King Day
•Presidents Day
•Memorial Day
•4 th of July
•Labor 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 Friday.
Saturday use will be extended once the Wellness Center begins operations on a
weekend day. 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 DISTRICT. The DISTRICT will provide the CITY advanced
notification in writing of routine maintenance closures.
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