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2022-24 Boys & Girls Club of Coachella Valley - La Quinta - Joint 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) June 28, 2022 Jon McMillen, City Manager Michael Calderon, Community Resources Analyst Boys & Girls Club of Coachella Valley - Joint Use of Facility and Services Agreement. ✔June 21, 2022 ✔ ✔101-3001-60135 ✔July 1, 2022 June 30, 2024 ✔40,000.00 ✔ LM: On file in LF Exp 10/22 6/28/2022 N/A ✔ claim, including attorney's fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a Permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility and/or Fitness Classroom primarily caused by the act or omission of the Indemnifying Party, its employees or invitees. 4.0 INSURANCE. The Parties agree to provide insurance in accordance with the provisions of this Section 4.0. 4.1 CITY's Insurance Obligation. Without limiting the indemnification provisions provided herein, the CITY, at its sole expense, shall obtain and keep in force during the term of this Agreement and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about (i) the Facility resulting from any actions or omissions of the CITY or any use of the Facility by the CITY or its invitees in accordance with the terms of this Agreement, or (ii) the Fitness Classroom resulting from any actions or omissions of the CITY or any use of the Fitness Classroom by the CITY or its invitees. The policy or policies evidencing such insurance shall name the CLUB and its officials, officers, employees, and agents as additional insureds, shall provide that same may not be cancelled or amended without written notice to the CLUB, 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 Effective Date, and upon renewal of such policies, the CITY shall submit to the CLUB certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. At the CITY's option, CITY shall be allowed to self-insure the insurance coverages as required above. 4.2 CLUB's Insurance Obligation. Without limiting the indemnification provisions provided herein, the CLUB, at its sole expense, shall obtain and keep in force during the term of this Agreement and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about (i) the Facility resulting from any actions or omissions of the CLUB or any use of the Facility by the CLUB or its invitees, or (ii) the Fitness Classroom resulting from any actions or omissions of the CLUB or any use of the Fitness Classroom by the CLUB or its invitees in accordance with the terms of this Agreement. The policy or policies evidencing such insurance shall name the CITY and its officials, officers, employees, and agents, as additional insureds, shall provide that same may not be cancelled or amended without written notice to the 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 City of La Quinta CITY COUNCIL MEETING: June 21, 2022 STAFF REPORT AGENDA TITLE: APPROVE JOINT USE OF FACILITY AND SERVICES AGREEMENT WITH THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY RECOMMENDATION Approve Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, and authorize the City Manager to execute the Agreement. EXECUTIVE SUMMARY •The City contracts with the Boys and Girls Club of Coachella Valley (Club) for the use of the President Gerald R. Ford Boys and Girls Club facility. •The City uses the classroom spaces and gymnasium for recreation programs and community activities. FISCAL IMPACT The two-year agreement (Attachment 1) provides $40,000 annually to fund Club sponsored youth programs; the annual payments are $20,000 from the General Fund (101-3001-60135) and $20,000 from Community Development Block Grant (CDBG) funds (210-0000-60135). BACKGROUND/ANALYSIS In February 1992, the Club entered a 40-year land lease with the City wherein the Club leased City land and constructed a facility. The land lease expires in 10 years. In December 1995, the Council approved the first Facility Use Agreement with the Club. Through this, and subsequent Agreements, the City provides youth and adult sports programs at the facility, and the Club also receives City funds to provide recreation programs to children ages 7 to 17 throughout the year. The two-year agreement term is July 1, 2022 to June 30, 2024 with an option to renew for an additional 4 years. CONSENT CALENDAR ITEM NO. 5 113 ALTERNATIVES Since this is a long-standing partnership to support youth programming, staff does not recommend an alternative. Prepared by: Christina Calderon, Community Resources Manager Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Joint Use of Facility and Services Agreement 114