Desert Recreation District/LC Community Center MOU 11MEMORANDUM OF UNDERSTANDING 11-01-001—LQ
BETWEEN
DESERT RECREATION DISTRICT
AND
THE CITY OF LA QUINTA
This Memorandum of Understanding ("MOU") is made by and between the DESERT
RECREATION DISTRICT ("District"), a special district established under Section 5780 et
seq. of the California Public Resources Code, and the CITY OF LA QUINTA, a municipal
corporation and charter city ("City"), as of January 20, 2011 (the "Effective Date") with
respect to the following:
RECITALS
WHEREAS, it is the mission of both the City and District to provide recreation,
health and fitness opportunities for residents in the community;
WHEREAS, the City presently operates the La Quinta Fitness Center, which has
reached maximum capacity with approximately 500 members.' The City is interested in
increasing the fitness opportunities to residents and in that regard additional space is
needed;
WHEREAS, the District has a facility known as the La Quinta Community Center
located in the Village area of the City, which consists of a reception area, restrooms, a
large multi -purpose room, kitchen, and designated pre-school room;
WHEREAS, by adjusting the current program schedule, relocating certain programs
and eliminating programs duplicated between the City and District, the community center
multi -purpose room can be made available to provide the additional needed space;
WHEREAS, the City also has facilities known as the La Quinta Senior Center, La
Quinta Library, and La Quinta Boys and Girls Club located in close proximity to the La
Quinta Community Center with multi -purpose and classroom space suitable for the
relocation of certain programs currently housed at the La Quinta Community Center;
WHEREAS, the District and City desire to work cooperatively utilizing all available
existing City and District assets to maximize the recreation, health and fitness
opportunities for residents in the community;
NOW, THEREFORE, the City and the District agree to the following:
1.0 RECITALS; TERM OF MEMORANDUM.
1.1 All Recitals set out above are true and correct.
1.2 The term of this Memorandum shall be for a period of five (5) years from the date
first written above with a five (5) year extension with the written agreement of both
parties. Because of the expenditures made under this Agreement by both parties, this
Agreement may be terminated only with the written consent of both parties.
Page 1 of 6
a
2.0 OBLIGATIONS OF THE DISTRICT
The District shall perform the following:
2.1 The District will repurpose the multi -purpose room at the existing La Quinta
Community Center to a fitness area as depicted on Exhibit A, attached and incorporated
("District Fitness Area"). The District Fitness Area will include but is not limited to
cardiovascular and individual weight training equipment. The District Fitness Area will be
open to the public at membership rates determined by the District and consistent with
other fitness facilities operated by the District and as more fully described below. The
District Fitness Area, when operational, will replace the existing La Quinta Fitness Center
which is an insufficient size for that operation.
2.2 The District will prepare and arrange the District Fitness Area so that it is ready to
open to the public within one hundred twenty (120) days of the Effective Date of this
MOU. During the 120-day period, the District will purchase fitness equipment, make
renovations and secure the appropriate staff to operate the repurposed facility.
2.3 The District will share equally with the City the cost of equipment and
improvements necessary to repurpose the La Quinta Community Center multi -purpose
space into a fitness area at a cost not to exceed $125,000 per partner. The District will
submit an invoice and substantiating financial records pertaining to the project to the City
for reimbursement for the City's portion of the project cost.
2.4 The District will honor current City Fitness Center Memberships sold up to the
Effective Date of this MOU for the duration of their term. The City will retain the revenues
from those Memberships that predate this MOU. Fees collected by the City for all
memberships sold after the Effective Date of this MOU shall be turned over to the District
by City promptly until the facility is renovated and the District Fitness Area is ready for
public use. After that date, all memberships shall be purchased from the District and City
shall refer members to the District. The City will close the La Quinta Fitness Center and
repurpose that area for other recreational use. The District is entitled to all revenues,
including but not limited to facility use pass, class revenues, personal training, etc., derived
from use of the District Fitness Area.
2.5 The District will operate and maintain, at the District's sole cost and expense, the
District Fitness Area within the La Quinta Community Center. The District Fitness Area
shall be operated and maintained in a clean and safe manner. All equipment maintenance
and/or replacement will be the sole and exclusive responsibility of the District.
2.6 The District will operate the District Fitness Area during hours consistent with the
District's Indio and Palm Desert fitness facilities. The initial schedule will be: Monday
through Friday 6:00 a.m. to 9:00 p.m.; and Saturdays 10:00 a.m. to 2:00 p.m. The
District may adjust operating hours at any time and at its sole discretion. The District will
provide the City with thirty (30) days written notice prior to the effective date of any such
change.
2.7 The District Board of Directors will set fees for the District Fitness Area consistent
with the District's Fees and Charges Policy. The District may adjust fees and charges at
any time and at its sole discretion. The District will provide the City with thirty (30) days
written notice prior to the effective date of any such change.
Page 2 of 6
3.0 OBLIGATIONS OF THE CITY.
The City shall perform the following:
3.1 The City will make reasonable efforts to accommodate the relocation of existing
District programs that currently utilize the La Quinta Community Center multi -purpose room
to appropriate City facilities by March 14, 2011.
3.2 The City will make reasonable efforts to negotiate and enter into separate
agreements with relocated contract instructors. The City will honor relocated District
program registrations sold up to the Effective Date of this MOU for the duration of their
term. Fees collected by the District for all program registrations sold after the date on this
MOU through March 13, 2011, shall be turned over to the City promptly. City shall
assume all responsibility, at its sole cost and expense, for registration and administration of
all relocated programs by March 14, 2011.
3.3 The City shall provide to District a list of the City Fitness Center members and their
membership expiration dates upon execution of this Memorandum. Employees of the City
of La Quinta will be eligible for a fitness center pass at the municipal employee rate and
should the City determine it will pay this fee; the City will be invoiced quarterly by the
District at the municipal rate currently set at $50. The City will pay the District within six
weeks of receipt of invoice.
3.4 The City will share equally with the District the cost of equipment and
improvements necessary to repurpose the La Quinta Community Center multi -purpose
space into a fitness area at a cost not to exceed $125,000 per agency. The City will
reimburse the District for the City's portion project cost within thirty (30) days of receipt of
District invoice and financial records pertaining to the project.
3.5 The City will promote the District Fitness Area on the City's website, in City
publications, and create a link to the District's website.
4.0 MUTUAL INDEMNITY AND RELEASE.
The City and the 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 of 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 gross negligence or willful misconduct
of the Indemnitees. This Agreement is not intended to and specifically does not create
joint and several liability.
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, the City, at its sole expense, shall obtain and keep in force during the term
Page 3 of 6
of this Memorandum 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 District Fitness Area resulting from any actions or omissions of the City or any
use of the District Fitness Area by the City, City employees, or its invitees in accordance
with the terms of this Memorandum. The certificate evidencing such insurance shall
provide an endorsement which names the District and its officials, officers, employees, and
agents as additional insureds, shall provide that same may not be cancelled or amended
without thirty (30) days prior written notice to the 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 date of this Memorandum, and upon renewal of such
policies, the City shall submit to the District certificates of insurance and any applicable
endorsements evidencing that the foregoing policy or policies are in effect. At the City's
option, the City shall be allowed to self -insure the insurance coverages required above.
5.2 District's Insurance Obligation. Without limiting the indemnification provisions
provided herein, the District, at its sole expense, shall obtain and keep in force during the
term of this Memorandum 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 District Fitness Area resulting from any actions or omissions of the District or
any use of the District Fitness Area by the District, the fitness center members, or the
District's invitees in accordance with the terms of this Memorandum. The certificate
evidencing such insurance shall provide an endorsement which names the City and its
officials, officers, employees, and agents, as additional insureds, shall provide that same
may not be cancelled or amended without thirty (30) days prior 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 company licensed to do business in the State of California
and be rated A-/VIII or better by ambest.com. Prior to the date of this Memorandum, and
upon renewal of such policies, the District shall submit to the 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 required above.
6.0 ADDITIONAL PROVISIONS.
6.1 In all cases, the language in all parts of this Memorandum 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 Memorandum.
6.2 This Memorandum contains the entire agreement of the Parties and supersedes any
prior oral or written statements or agreements between the Parties regarding the operation
of the District Fitness Area.
6.3 No termination of this Memorandum shall release either party from any liability or
obligation hereunder resulting from any acts, omissions or events happening prior to the
termination of this Memorandum.
6.4 In the event either party brings any suit or other proceeding with respect to the
subject matter or enforcement of this Memorandum, the prevailing party (as determined by
California law) shall, in addition to such other relief as may be awarded, be entitled to
Page 4 of 6
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).
6.5 No waiver of any term of 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 and independent contractor as to the other.
IN WITNESS WHEREOF, the District and City have executed this Memorandum as
evidenced by the signatures contained below:
CITY OF LA QUINTA
DESERT RECREATION DISTRICT
��Id-�✓� e_ By: c
Y�
Thomas P. Genovese evin Kallman
City Manager Interim General Manager
Dated
ATTEST:
By
Ver(
City
— Q - Dated:
no; CMC
APPROVED AS TO FORM AND
CONTENT:
By:
M. Katherine a on
City Attorney
ATTEST:
By:
Delia "Granad0s
District Clerk
APPROVED AS TO FORM AND
CONTENT:
By: l r✓y l
E izabeth Martyn
District Counsel
Page 5 of 6
EXHIBIT "A"
Depiction of District Fitness Area
La Quinta Wellness Center — Conceptual Layout and Design
Page 6 of 6
CFRTIFICATF NO
ISSUE DATE (MM/DD/YYYY)
GL1-6698 AI
CERTIFICATE OF COVERAGE
01/24/2011
THIS CERTIFICATE IS ISSUED AS A MATTEROF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE
CSAC Excess Insurance
CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EMEND OR
ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A
CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
Authority
CERTIFICATE HOLDER.
C/O ALLIANT INSURANCE SERVICES, INC.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF
PO BOX 6450
SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this cortifcate does
NEWPORT BEACH, CA 92658-6450
not confer rights to the certificate holder in lieu of such endomement(s).
PHONE (949) 756-0271 / FAX (619) 699-0901
LICENSE#OC36861
COVERAGE A _ CSAC Excess Insurance Authority
AFFORDED
Member:
COVERAGE
CALIFORNIA ASSOCIATION FOR PARK&
AFFORDED B
RECREATION INDEMNITY/(CAPRI)
ATTN: PAT CABULAGAN
COVERAGE
C
6341 AUBURN BLVD, SUITE A
AFFORDED
CITRUS HEIGHTS, CA 95621-5203
COVERAGE
AFFORDED D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE
FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE
MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
CO
TYPE OF COVERAGE
MEMORANDUM
NUMBER
COVERAGE EFFECTIVE
DATE (MM/DD/YYYY)
COVERAGE EXPIRATION
DATE (MM/DD/YYYY)
LIABILITY LIMITS
LTR
0
A
® Excess General Liability
EIA-PE 10 EL-79
07/01/2010
07/01/2011
Difference between
® Excess Auto Liability
$2,000,000 and the Member's
El Errors & Omissions
Self -Insured Retention of
$1,000,000
Completed Operations
Aggregate Applies
Description of Operations/LocationsfVehicles/Special Items:
AS RESPECTS TO AGREEMENT FOR 77 865 MONTEZUMA LA QUINTA CA 92253.
THE CITY AND ITS OFFICIALS, OFFICERS, EMPLOYEES, AND AGENTS ARE INCLUDED AS ADDITIONAL COVERED PARTIES,
BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.
DESERT RECREATION DISTRICT IS A MEMBER OF CALIFORNIA ASSOCIATION FOR PARK & RECREATION INDEMNITY/(CAPRI)
Certificate Holder
Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIL BE DELIVERED IN ACCORDANCE
WITH THE MEMORANDUMS OF COVERAGE PROVISIONS.
CITY OF LA QUINTA
PO BOX 1504
AUTHORIZED REPRESENTATIVE
LA QUINTA, CA 92253
CSAC EXCESS INSURANCE AUTHORITY PAGE 1 OF 2
ENDORSEMENT NO. U-1
CSAC EXCESS INSURANCE AUTHORITY (CSAC EIA)
GENERAL LIABILITY I
ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
It is agreed that the "Covered Party, Covered Persons or Entities" section of the Memorandum is amended
to include the person or organization named on the Certificate of Coverage, but only with respect to liability
arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the
Member or such person or organization so designated.
Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of
Coverage or the minimum limits required by contract.
ADDITIONAL COVERED PARTY:
NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE
AS RESPECTS:
PER ATTACHED CERTIFICATE OF COVERAGE
It is further agreed that nothing herein shall act to increase the Authority's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of the
Memorandum unless another effective date is shown below. All other terms and conditions
remain unchanged.
Effective Date:
Memorandum No.: PER ATTACHED CERTIFICATE OF COVERAGE
Issue Date: July 1.2010
Authorized Represents ve
CSAC Excess Insurance uthori (CSAC EIA)
PAGE 2OF2
TWIS AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING
WITH DESERT RECREATION DISTRICT., FOR FITNESS AND RECR ATIOR,
ICES ("Amendment No. 1") is made and entered into as of the day of
� C, 2015, ("Effective Date"), by and between the CITY OF LA QUINTA
("City"), a California municipal corporation, and DESERT RECREATION DISTRICT,
('ODRD").
I h"I :1611
A. On or about July 2011 the City and DRD entered into a Memorandum of
Understanding (MOU) for purchase of fitness equipment to facilitate operation of the La
Quinta Community Fitness Center. The term of this original agreement expires June 30,
2016.
B. DRD and City now wish to amend the original MOU to provide facility use at no
additional cost to members of DRD during 10 holidays and to allow La Quinta Wellness
Center members use of the La Quinta Community Fitness Center during the La Quinta
Arts Festival. This limited shared use is in the best interest of La Quinta residents.
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:
As provided in Section 1, Terms of the existing MOU, the City and DRD have
agreed to •allow use of their facilities to members at no addonal charge. DRD
will allow La Quinta Wellness Center members use of the La Quinta Fitness
Center during the La Quinta Arts Festival and the City will allow La Quinta Fitness
Center members use of the La Quinta Wellness Center on the following holidays.
If any of these holidays should fall on a Sunday, it will not app y.
Martin Luther King Day
Presidents Day
Memorial Day
4th Of July
Labor Day
Veteran's Day
Friday after Thanksgiving
Christmas Eve
New Year's Eve
New Year's Day
In all other respects, the original agreement shall remain in effect,
IN WITNESS WHEREOF, the City and DRD have executed this Amendment No. 1
fte MOU for Fitness and Recreation Services on the respective dates set forth below.
CITY: CITY OF LA QUINTA a California municipal corporation
Whk J. v k, City Manager Dated
FTITSJ20.� �MR
William Irke, City Attorney
-- - --t - '22- 1 �- I Sr -
By Dated
Name
Desert Kecreation 111071C
Address