2021 RivCoParks Open-Space Dist; Desert Rec Dist, LQ - AATF COOP Agrmt Lake Cahuilla - CAH Risk Assessment1
COOPERATIVE AGREEMENT BY AND BETWEEN
RIVERSIDE COUNTY REGIONAL PARK & OPEN-SPACE DISTRICT, THE CITY OF LA QUINTA,
AND DESERT RECREATION DISTRICT FOR THE LAKE CAHUILLA VETERANS REGIONAL PARK
RISK ASSESSMENT
THIS COOPERATIVE AGREEMENT (“Agreement”) is entered into as of May 20, 2021 (“Effective
Date”), by and between the Riverside County Regional Park & Open-Space District, a special district
created pursuant to the California Public Resources Code Div.5, Ch.3, Art.3, (“RIVCOPARKS”), the Desert
Recreation District, a special district ("DISTRICT"), and the City of La Quinta, (“CITY”). RIVCOPARKS,
DISTRICT, and CITY are sometimes referred to individually as “PARTY” and collectively as “PARTIES”.
RECITALS
A. RIVCOPARKS is a lead agency in the management and daily operations of the Lake
Cahuilla Veterans Regional Park (“PROPERTY”) through a lease dated January 11, 1971
(“RECLAMATION LEASE”) between RIVCOPARKS and The United States Department of Interior, Bureau
of Reclamation (“RECLAMATION”), and a second lease dated March 22, 1971 (“CVWD LEASE”), between
RIVCOPARKS and the Coachella Valley Water District (“CVWD”).
B. RIVCOPARKS, CVWD, and RECLAMATION extended the terms of the RECLAMATION
LEASE and CVWD LEASE through March 22, 2022 to continue negotiations regarding water quality
concerns regarding invasive species, specifically dreissenid mussels, or quagga mussels;
C. The extension specifically affords time for PARTIES to conduct an independent
assessment on current water quality and an overall risk assessment;
D. The results of these assessments will be evaluated by PARTIES and County Risk
Management, to make recommendations about long-term operations of the Park; and
E. PARTIES desire to work in coordination to complete the independent water quality
assessment and risk assessment on the property (“PROJECT”),
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES agree
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as follows:
AGREEMENT
1. RIVCOPARKS shall provide administrative, technical, managerial, human resources, and
support services necessary and appropriate to develop and implement the PROJECT, including the funding
and management of a consultant to conduct the PROJECT for the PROPERTY (“PROJECT STAFF”), in
strict compliance with all applicable federal, state, and local laws and regulations.
2. DISTRICT and the CITY will share in the costs of the PROJECT, and each will reimburse
RIVCOPARKS in an amount not to exceed ELEVEN THOUSAND DOLLARS ($11,000) each, which
represents roughly one third of THIRTY TWO THOUSAND DOLLARS ($32,000) or (“Maximum
Reimbursement”) for costs reasonably incurred by RIVCOPARKS for the funding and management of
PROJECT STAFF in connection with the PROJECT by the PROJECT STAFF within one (1) year from and
after the Effective Date. RIVCOPARKS will submit invoices to DISTRICT and CITY, not later than sixty
(60) days after the first anniversary of the Effective Date, for all actual costs incurred and for which
reimbursement is claimed under this Agreement. DISTRICT and CITY will separately remit their respective
Maximum Reimbursement amount, within thirty (30) days after receipt of any such invoice. RIVCOPARKS
acknowledges and agrees that in no event shall RIVCOPARKS receive or have a claim of any kind for any
payment in excess of the Maximum Reimbursement for any costs related to the PROJECT or any
PROJECT STAFF under this Agreement.
3. The PARTIES may terminate this Agreement without cause upon 30 days written notice
served upon the other Party stating the extent and effective date of termination. In the event of termination
pursuant to this clause, the Parties shall meet in good faith to amend this agreement to finalize any
outstanding financial or service requirements.
4. This Agreement contains the entire understanding between the PARTIES and supersedes
any prior understanding and/or written or oral agreements between them, respecting the subject matter of
this Agreement. There are no representations, agreements, arrangements, or understandings, oral or
written, by and between the PARTIES relating to the subject matter of this Agreement that are not fully
expressed herein.
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5. This Agreement may not be modified, altered, or changed in any manner whatsoever
except by a written instrument duly executed by authorized representatives of both PARTIES.
6. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being
impaired or invalidated in any way.
7. This Agreement shall be governed by and interpreted in accordance with the laws of the
State of California, excluding any choice of law provision that would apply the laws of any other jurisdiction.
Any action taken to enforce this Agreement shall be maintained exclusively in the Superior Court of
Riverside County, California. The PARTIES expressly consent to the exclusive jurisdiction of said court
and agree that said court shall be the proper venue for any such action.
8. Neither PARTY may assign its rights and obligations hereunder, in part or in whole, to any
third party without the prior written consent of the other PARTY, which shall not be unreasonably withheld.
9. Any notice to be given or to be served upon either PARTY hereto in connection with this
Agreement must be in writing and shall be deemed to have been given and received: (a) when personally
delivered; (b) two (2) days after it is sent by Federal Express or similar overnight courier, postage prepaid
and addressed to the PARTY for whom it is intended, at that PARTY’S address specified below; (c) three
(3) days after it is sent by certified or registered United States mail, return receipt requested, postage
prepaid and addressed to the PARTY for whom it is intended, at that PARTY’S address specified below; or
(d) as of the date of electronic mail transmission addressed to the PARTY for whom it is intended, at that
PARTY’S electronic mail address specified below, and provided that an original of such notice is also sent
to the intended addressee by means described in clauses (a), (b), or (c) within two (2) business days after
such transmission. Either PARTY may change the place for the giving of notice to it by thirty (30) days prior
written notice to the other PARTY as provided herein.
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Desert Recreation District
Attn: Kevin Kalman, General Manager
45-305 Oasis Street
Indio, CA 92201
(760) 347-3484
Email: kkalman@drd.us.com
The City of La Quinta
Attn: Chris Escobedo, Director of Community Resources
78495 Calle Tampico
La Quinta, CA 92253
(760) 777-7010
Email: cescobedo@laquintaca.gov
Riverside County Regional Park & Open-Space District
Attn: Kyla Brown
4600 Crestmore Road
Jurupa Valley, CA 92509
E-Mail: Parks-Planning@rivco.org
10. This Agreement is the result of negotiations between the parties hereto, and the advice
and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of
convenience by RIVCOPARKS, DISTRICT, or CITY shall have no importance or significance. Any
uncertainty or ambiguity in this Agreement shall not be construed against the PARTY that prepared it in its
final form.
11. This Agreement may be executed in any number of counterparts, each of which will be an
original, but all of which together will constitute one instrument. Each PARTY of this Agreement agrees to
the use of electronic signatures, such as digital signatures that meet the requirements of the California
Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1-1633.17) (“CUETA”) for executing this
Agreement. The PARTIES further agree that the electronic signatures of the parties included in this
Agreement are intended to authenticate this writing and to have the same force and effect as manual
signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically
associated with an electronic record and executed or adopted by a person with the intent to sign the
electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an
electronic signature for transactions and contracts among parties in California, including a government
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agency. Digital signature means an electronic identifier, created by computer, intended by the party using
it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon
by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined
in subdivision (i) of Section 1633.2 of the Civil Code.
12. Each PARTY shall be responsible for all damages to persons or property that occur as a
result of each PARTY’s or its officers, agents, employees, and/or servants fault or negligence in connection
with each PARTY’s participation in the AGREEMENT. Further, each PARTY shall indemnify and save
harmless the other PARTIES, their officers, agents, employees, and servants from all claims, suits, or
actions of every name, kind, description, brought for, or on account of, injuries to or death of any person or
damage to property resulting from the fault or negligence of each PARTY, its officers, agents, employees,
and/or servants in connection with the AGREEMENT.
[Signature Page Follows]
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed by their duly
authorized representatives as of the Effective Date.
Signature:
Email: kylabrown@rivco.org
RIVERSIDE COUNTY REGIONAL PARK &
OPEN -SPACE DISTRICT
By: k�OA &�_�
Ky,Ka own
al Manager
APPROVED AS TO FORM:
Gregory P. Priamos
District Counsel
By:
Kristine Valdez
Supervising Deputy District Counsel
DESERT RECREATION DISTRICT
By: — - A.(evin Kal�han
General Manager
THE CITY OF LA QUINTA
By
Jan McMillen
City Manager
[Signature Page for Cooperative Agreement]
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