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HomeMy WebLinkAboutA8828 - Palm Springs Boxing ClubCONTRACT ABSTRACT Company Name: Palm Springs Boxing Club Company Contact: —Anthony Tristan or Steve Quinonez Summary of Services: Memorandum of Understanding between the Boxing Club and The Parks and Recreation Department for the use of space in the Demuth Community Center Contract Price: Participants must pay department annual membership fee Funding Source: N/A Contract Term: 1 year Contract Administration Lead Department: Contract Administrator: Parks and Recreation Cynthia Alvarado -Crawford Contract/Amendment/CO Approvals Council Approval Date: N/A Agenda Item No./ Resolution No.: to /A Agreement No: . fl W $ Contract Compliance Exhibits: Signatures: Insurance: Bonds Contract prepared by: Reviewed and updated by BBK Submitted on: 2/9/21 pry: Cynthia Alvarado -Crawford MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS BOXING CLUB THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into on this It" day of _A44y , 2021, ("Effective Date") by and between the City of Palm Springs, a California municipal corporation and charter city ("City"), located at 3200 E. Tahquitz Canyon Way, Palm Springs and the Palm Springs Boxing Club ("Club"), a California non-profit, with its principal place of business located at 3601 E. Mesquite Ave., Palm Springs, CA 92264, with reference to the following facts: A. City is owner of property located at 3601 E. Mesquite Ave., Palm Springs, CA 92264 ("Property"); and B. Club has been operating a boxing club in the City since 1963; and C. At this time the parties intend to continue the partnership which seeks to provide training to local youth; and D. City intends to provide a designated area within the Demuth Park Community Center for the Club to operate; and E. The parties intend by this MOU to memorialize the nature of their respective roles, promises and obligations related to their intentions. NOW THEREFORE, based on the recitals set forth above, City and the Club agree as follows: I. INTENTION AND PURPOSE The intention of this MOU is to memorialize the Parties' roles, promises, and obligations to each other in their commitment to provide a location to which to provide boxing training to local youths. II. TERM This MOU shall commence on the Effective Date and continue in full force and effect for an initial one (1) year term. Unless terminated by either or both parties, this MOU shall automatically extend for additional one (1) year terms at the conclusion of each preceding term. III. TERMINATION PRIOR TO EXPIRATION OF TERM A. Either Party may terminate this MOU at any time, with or without cause, upon sixty (60) days written notice to the other party. Where termination is due to the Page 1 of 6 5 5575.0000 1\33678119 4 fault of the other party and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the party terminating this MOU. B. Club understands and acknowledges that during the term of this MOU they do not acquire any legal rights of tenancy or ownership. They do not acquire any property rights or interest in the designated facility granted pursuant to this Agreement. IV. PARTIES' OBLIGATIONS A. Citv's Obligations. In addition to all other obligations set forth in this MOU, the City shall have the following obligations: 1. City agrees to provide a designated area within the Demuth Park Community Center for the Club to operate; and 2. City agrees to provide the Property free of charge for the purpose of conducting a non-profit youth boxing program. B. Club's Obligations. In addition to all other obligations set forth in this MOU, Club shall have the following obligations: 1. Provide a local youth boxing program at the Property; and 2. Ensure each boxing participant pays the required annual membership fee to the City's Department of Park and Recreation; and 3. Club shall provide all necessary equipment in order to operate non- profit youth boxing program. All equipment shall remain property of Club. V. INDEMNIFICATION To the fullest extent permitted by law, Club shall defend (at Club's sole cost and expense), indemnWy, protect, and hold harmless City, its elected officials, Dfficers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons, for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Club, its officers, employees, representatives, and agents, that arise out of or relate to Club's performance under this MOU. This indemnification clause excludes Claims arising from the sole negligence or vAllful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Club's indemnification obligation shall survive the expiration or earlier termination of this MOU until all actions against the Indemnified Parties for such matters Page 2of6 55575.00001 t33678119 4 indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a parry to this MOU. VI. INSURANCE A. Procurement and Maintenance of Insurance. Club shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Club's performance under this MOU. Club shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this MOU. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Club's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. B. Minimum Insurance. Club shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to the City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 1. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better. C. Primary Insurance. For any claims related to this Agreement, Club's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Club's insurance and shall not contribute with it. D. Proof of Insurance. Proof of the insurance required under this Section 5 shall be provided to City prior to the execution of this MOU. VII. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION A. Non -Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Club, or any successor -in -interest, in the event of any default or breach by City or for any amount which may become due to the Club or its successor, or for breach of any obligation of the terms of this MOU. B. Conflict of Interest. The Club acknowledges that no officer or employee of the City has, or shall have, any direct or indirect financial interest in this MOU, nor shall Page 3 of 6 55575.00001\33678119.4 the Club enter into any agreement of any kind with any such officer or employee during the term of this MOU and for one year after the termination of this MOU. The Club warrants that the Club has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this MOU. C. Covenant Against Discrimination. In connection with its performance under this MOU, the Club shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). The Club shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this MOU, and in executing this MOU, the Club certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Club activity, including, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that the Club is In full compliance with the provisions of Palm Springs Municipal Code Section 7.09,040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. Vill. NOTICES Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. CAL: City of Palm Springs Attention: City Manager 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Club: Palm Springs Boxing Club 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 IX. COUNTERPARTS This MOU may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom Page 4 of 6 55575.0000 M3678119.4 without impairing the legal effect of the signature (s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this MOU attached thereto. X. SEVERABILITY If any term, covenant or condition of this MOU shall, to any extent, be invalid, void, illegal or unenforceable, the remainder of this Memorandum of Understanding shall not be affected thereby, and each other term, covenant or condition of this MOU shall be valid and be enforced to the fullest extent permitted by law. XI. GOVERNING LAW This MOU is made and entered into in the State of California and shall be governed by and construed and enforced in accordance with the laws of the State of California. The venue for resolving any disputes regarding this MOU shall be within the County of Riverside. XII. AMENDMENT No modification, variation or amendment of this MOU shall be effective without the written consent of all of the parties to this MOU at the time of such modification, variation or amendment. XIII. SUCCESSORS This MOU shall be binding on and inure to the benefit of each of the parties' successors and assigns. CITY OF PALM SPRINGS, a California PALM SPRINGS BOXI CLUB municipal corporation and charter city ti By. ..'' By: David Ready U'City Manager'] 1 Its: &22- /�4/:t hlk� Date: F,1 C-' APPROVED AS TO FORM: Page 5 of 6 55575,00001\33679119 4 By: &�� A4�� 411-f-e Elizabeth Wagner Hull Acting City Attorney/Assistant City Attorney Page 6 of 6 55575.00001133679119A National Casualty Company ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF POLICY NUMBER (1R A.M. STANDARD TIME) NAMED INSURED AGENT NO. KKS 86665-00 5/4/2021 USA Boxing, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The Other Insurance condition of this Coverage Part is replaced by the provision marked below with an "X" in the box: Other Insurance If other valid and collectible insurance with any other insurer including any formal self -insured re- tention programs is available to you covering a loss also covered by this Coverage Part, other than insurance that is in excess of the insurance afforded by this Coverage Part, the insurance af- forded by this Coverage Part shall be in excess of and shall not contribute with such other insur- ance. Nothing herein shall be construed to make this insurance subject to the terms, conditions and limitations of other insurance. X Coverage afforded under this Coverage Part is primary insurance and Other Insurance shall not apply as respects **See Below** as additional insureds. The Cancellation condition of this Coverage Part is amended by the addition of the following if an "X" is in the box: 6 Cancellation The following is added: It is a condition of the Policy by this Endorsement that the Policy will not be cancelled without 30 days' prior written notice to: **See Below** and further, that the person(s) named above are not liable for the payment of any premiums or assessments on this Policy. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: USA Boxing, Inc. — Palm Springs Boxing Club 5/4/2021 r_i jrH.l 7raaH VaU I*ya.rr_Ani% KR-GL-79 (4-07) Page 1 of 1 i10,111111ra Client#: 1585170 USABOX ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDI W W ) 05/03/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services, LLC 6501 S. Fiddlers Green Cir Greenwood Village, CO 80111 303 837-8500 CONTACT NAME: PHONE 303 863-6238 FAX A/C No Ext : A/C, No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Scottsdale Insurance Company 41297 INSURED USA Boxing, Inc. One Olympic Plaza Colorado Springs, CO 80909 INSURER B INSURERC: INSURERD: INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUB WVD POLICY NUMBER POLICY EFF MMIDD/YYW POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY KKS0000008666500 1/01/2021 01/01/2022 EACH OCCURRENCE $2500000 CLAIMS -MADE � OCCUR PREMISES (Ea occurrence) $ 50 000 MED EXP (Any one person) s5,000 PERSONAL &ADV INJURY $2,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY PRO- LOC PRODUCTS - COMP/OP AGG $5,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB OCCUR XKS0000008666800 1/01/2021 01/01/2022 EACH OCCURRENCE $1 000 000 AGGREGATE s5,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- TA UTE FIR AND EMPLOYERS' LIABILITY Y / N ANY PRO PRIETO R/PARTN ER/EXECUTI VE OFFICER/MEMBER EXCLUDED? ❑ N I A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The City of Palm Springs is named as additional insured as it relates to General Liability in accordance with the terms and conditions of the policy. Coverage is excluded for ANY martial arts or kick -boxing activities, regardless of whether they are part of a USA Boxing sanctioned activity or club activity. The above coverage is primary and noncontributory where required by written contract. 30 Day notice of cancellation applies except 10 days for non-payment. (See Attached Descriptions) City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 2 #S31956455/M31741452 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RXN B3 DESCRIPTIONS (Continued from Page 1) RE: Named Insured Includes: PALM SPRINGS BOXING CLUB SAGITTA 25.3 (2016/03) 2 Of 2 #S31956455/M 31741452