2016-17 DRD - MOU Joint Facility UseMEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Tustin Larson, Community Resources Manager
DATE: June 7, 2016
RE: Memorandum of Understanding between the City and Desert Recreation
District.
Attached for your signature is the agreement with Desert Recreation District for the
cooperative use of the following facilities; La Quinta Community Fitness Center and La
Quinta Wellness Center.
Please sign the attached agreement(s) and return it to the City Clerk for processing
and distribution.
Requesting department shall check and attach the items below as appropriate:
N/A Contract payments will be charged to account number: N/N
N/A Amount of Agreement, Amendment, Change Order, etc.: ON
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
(date)
_X_ City Manager's signature authority provided under Resolution No. 2015-045 for budgeted
expenditures of
$50,000 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:
_X_ Insurance certificates as required by the agreement (initialed by Risk Manager o to `� 1 date)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License Exempt: 501(c)3 non-profit organization
N/A Purchase Order number
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 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 DRD during 10 holidays per calendar year and to allow La
Quinta Wellness Center members use the La Quinta Community Fitness Center during the La
Quints Arts Festival. 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 (June 2016 to June 2017) with an
option to renew for an additional 3 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, "Indemnitees") 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 administering 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.
S.0 INSURANCE. The Parties agree to provide insurance in accordance with the provisions
of this Section.
Page 1 of 4
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
injuries 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. The policy or policies evidencing such insurance
shall be endorsed to name the DISTRICT, its officials, officers, employees, and agents as
additional insured, shall provide the same may not be cancelled or amended without thirty
(30) days prior notice to DISTRICT, 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, CITY shall submit to
DISTRICT 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 coverage as required above.
5.2 DISTRICT's Insurance 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 extensions 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 some 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. At the DISTRICT'S option, DISTRICT shall be allowed to
self -insure the insurance coverage as required above.
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 attorneys' fees, expenses, and costs incurred in establishing the
right to indemnification).
Page 2 of 4
6.5 No waiver of any term or condition of this Agreement shall be a continuing waiver
thereof.
6.6 This Agreement is not intended to and does not create any joint venture between the
parties and each party remains an independent contractor as to the other. Each party shall
bear its own liability and there is no joint and several liability as a result of this agreement.
IN WITNESS WHEREOF, CITY and DISTRICT have executed this Memorandum as evidenced by
the signatures contained below:
CITY OF LA QUINTA
rrer•
4
ATTEST:
By: S444-"� 1
Su"M�aysels
City Clerk
APPROVED AS TO FORM AND
CONTENT:
By: l/r
William H. I rke
City Attorney
SPECIAL DISTRICT:
DESERT RECREATION DISTRICT
By �
Dated: I
ATTEST:
as
APPROVED AS TO FORM AND
CONTENT:
By:
Page 3 of 4
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 Arts Festival.
The DISTRICT will allow La Quinta Wellness Center fitness members use of the La Quinta
Community Fitness Center during scheduled routine maintenance closures as determined by
CITY. The CITY will provide the DISTRICT advanced notification in writing of routine
maintenance closures.
Page 4 of 4
EXHIBIT "B"
Obligations of CITY
CITY will allow La Quints Community Fitness Center Members use of the La Quinta Wellness
Center on the following holidays.
• Martin Luther King Day
• Presidents Day
• Memorial Day
• 4tn 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 Quints 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.
Page 5 of 4
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
CERTIFICATE Of LIABILITY PROTECTION
In accordance with the provisions of Article 1 1(a) of the Joint Powers Agreement creating the
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY,
the Executive Committee has designated a Joint Liability Protection Program for the Members.
Desert Recreation District
including its Board of Directors, along with all its commissions, agencies and employees thereof, is
protected in accordance with the terms and provisions of the CALIFORNIA JPIA Liability Protection
Program. This Certificate is evidence of the Member's participation in the Liability Protection
Program during the period of July 1, 2015 to July 1, 2016.
The CALIFORNIA JOINT POWERS INSURANCE AUTHORITY will investigate, defend and/or pay all
claims, settlements and final judgements which come within the provisions of the CALIFORNIA JPIA
Memorandum of Coverage and any endorsements thereto.
CAII10RN;IA
i F • I • A
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
Jonathan R. Shull, Chief Executive Officer
t Cis_
nt OF f
June 13, 2016
Desert Recreation District
Barb Adair, Assistant General Manager
45-305 Oasis Street
Indio, CA 92201
Re: Memorandum of Understanding between the City of La Quinta and Desert
Recreation District
To Whom It May Concern:
Memorandum of Understanding between the City of La Quinta and Desert Recreation
District
Should you have any questions, please contact Lisa Chaudhry, Administrative Technician
at (760) 777-7106.
Sincerely,
Monika Radeva
Deputy City Clerk
Enclosure
78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 www.La-Quinta.org
C A L I F 0 R N I A
August 25, 2016
Barb Adair
badair@drd.us.com
Desert Recreation District
45-305 Oasis St.
Indio, CA 92201/
Member Name: City of La Quinta
Additional Protected Party: Desert Recreation District
Activity: joint use of facilities
Coverage Period: From 12:01 AM on 6/30/2016 to 11:59 PM on 6/30/2017
This Evidence of Coverage is issued on an annual basis and will be automatically reissued every June until expiration
of the written contract.
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
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,
e � 1 ��.ti
Jim Thyden
Insurance Programs Manager
cc: Pam Nieto, La Quinta, pnieto@la-quinta.org
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
8081 MOODY STREET, LA PALMA. CA 90623 TEL (562) 467-8700 FAX (562) 860-4992
CALIFORNIA
P , I , A
August 25, 2016
Pam Nieto
pnieto@la-quita.org
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Member Name:
Additional Protected Party:
Activity:
Coverage Period:
Desert Recreation District
City of La Quinta
MOU No 16-06-009-LQ
From 12:01 AM on 6/30/2016 to 11
59 PM on 6/30/2017
This Evidence of Coverage is issued on an annual basis and will be automatically reissued every June 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: $4,000,000
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 teens, 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
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
8081 MOODY STREET, LA PALMA, CA 90623 TEL (562) 467-8700 FAX (562) 860-4992