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HomeMy WebLinkAbout25N019 - Desert Youth AthleticsCONTRACT ABSTRACT Contract prepared by: Janet Burns, Administrative Specialist Submitted on: 1/24/25 By: Janet Burns Note: This Agreement is for the Spring Season (February – June), additional seasons shall be outlined in future agreements. Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Munis Contract Number: Desert Youth Athletics JoAnn Meza, Director of Operations Facility Use Agreement for Desert Youth Athletics to use ballfields for baseball and softball program for youth. $0, See Agreement Section 2.1 Fees and Charges None Effective Date through June 30, 2025 Contract Administration Lead Department: Contract Administrator: Parks & Recreation Nicholas Gonzalez, Director Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: N/A N/A 23N019 Contract Compliance Exhibits: Signatures: Insurance: Bonds COMPLETED COMPLETED COMPLETED N/A Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 CITY OF PALM SPRINGS RECREATIONAL FACILITY USE AGREEMENT TO USE A PARKS & RECREATION FACILITY FY25 This Agreement to Use Parks & Recreation Facility (“Agreement”) is made and entered into this _____ day of _____, 2025, (“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 Desert Youth Athletics (“DYA”), a California non-profit, with reference to the following facts: The parties enter into this Agreement on the basis of the following facts and intensions: RECITALS WHEREAS, the City and DYA are mutually interested in and concerned with providing quality recreational activities for the youth of Palm Springs; and WHEREAS, it is recognized that through a cooperative Agreement between City and DYA the community will be afforded the fulfillment of one of its recreational goals for youth. NOW, THEREFORE, the City and DYA do hereby mutually agree as follows: 1. INTENT OF AGREEMENT 1.1 It is the intent of this Agreement to describe the responsibilities of the City and DYA in their cooperative effort to effectively promote and provide a baseball and softball program for youth of Palm Springs as outlined in Exhibit A. 1.2 Parties agree that DYA may utilize the John Williams Little League fields, fields #5 and #6, and the Concession Stand and Storage Area (collectively “City Facilities”) for their program during the term of this Agreement. 1.3 DYA usage of the fields shall be for the sole and exclusive purpose of operation of baseball and softball programs for youth during the Term of the Agreement. 1.4 DYA usage of the Concession Stand and Storage Area shall be for the sole and exclusive purpose of operating the office and storage of equipment during the Term of this Agreement in association with baseball and softball programs as outline in Exhibit A and not for any other business purposes. 1.5 It is the intent of this Agreement to solidify a supportive and working relationship between DYA and City for recreational activities. 1.6 It is the intent of this Agreement that both City and DYA acknowledge and direct their efforts toward the development of quality community recreational programs at the City Facilities. Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 27 January 2. AREAS OF RESPONSIBILITY 2.1 Fees and Charges 2.1.1 The City shall make available to DYA the John Williams Little League fields (fields #1-4), fields #5 and #6, and the Concession Stand from Mondays through Fridays during predetermined operating hours as outlined in Exhibit A; subject to City’s right to use or lease to third parties the City facilities, which right the City may exercise in its sole and absolute discretion. City shall notify DYA within twenty-four (24) hours prior to exercising its right to use the City facilities under Section 2.1.1. Weekend and off-season use shall be requested on a separate Facility Use Application and submitted to the Contracting Officer no less than two (2) weeks prior to requested use. Requests shall be subject to the permitting approval process through the Contracting Officer, additional requirements, and rental fees as outlined in the City’s Comprehensive Fee Schedule. 2.1.2 City agrees to reduce flat rental fees due to limited usage of the Concession Stand. DYA is not authorized to conduct food sales from the Concession Stand during the terms of this Agreement. DYA agrees to pay the City the flat rate rental fee of $3000 for usage of the fields and lighting for conducting practices and games; and the flat rental fee of $500 for usage of the Concession Stand for storage of related equipment and supplies during the contractual period as outlined in Exhibit A. In the event that DYA does not utilize the City Facilities during any month or any portion of any month during the term of this Agreement, DYA is still responsible for the full rental payment to the City unless the Agreement is terminated pursuant to Section 5.7. The DYA acknowledges that the City’s Department of Parks & Recreation shall conduct reviews of its monthly rental fees and that these rental fees may be increased in the City’s sole discretion. Any increases to rental fees shall be outlined in future agreements. First installment of payment shall be paid within 30 days of execution of this Agreement, and final payment to be submitted no later than March 1, 2025 (10 days prior to the start of Spring Season). 2.1.3 Late Payment DYA agrees that balance of previous season payments shall be paid in full before execution of the FY26 Agreement. City reserves the right to Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 exercise its right to terminate the agreement per Section 5.7 due to lack of payment. DYA hereby acknowledges that late payment by DYA to the City of amounts due hereunder will cause the City to incur costs not contemplated by this Agreement, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, any payment of any sums to be paid by DYA not paid within fifteen (15) calendar days of its due date shall be subject to five percent (5%) late charge. DYA and the City agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to the City for its loss suffered by such late payment by DYA. 2.1.4 DYA herby acknowledges and agrees to terms of Section III Concession Stand Usage as stated in Exhibit A. 2.1.5 Requests for fields outside the terms of this Agreement shall be submitted through a Facility Use Application at least two (2) weeks prior to play and shall be subject to the permit approval process through the Contracting Officer; additional City requirements; and payment of rental fees as outlined in the City’s Comprehensive Fee Schedule. 2.2 DYA Staff 2.2.1 For purposes of this agreement DYA staff shall include all agents, licensees, invitees, representatives, contractors, independent contractors, subcontractors, board members, employees, and coaches. 2.2.2 DYA shall have sole and absolute responsibility for the reasonable control and supervision of its staff to coach participants during the program. 2.2.3 DYA shall be responsible for the control and safety of its staff, volunteers, guest coaches, and patrons. 2.3 Membership, Registration And Bylaws 2.3.1 DYA must ensure that its program is conducted in accordance with the regulations and bylaws of a nationally known youth sports sanctioning body. It shall be the responsibility of the City to investigate concerns or complaints regarding violation of the statements and take appropriate action. 2.3.2. City recommends that all coaching staff, referees, and board members be currently certified in cardiopulmonary resuscitation (CPR) and first aid. Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 2.3.3 It is the responsibility of DYA to ensure that all coaching staff, referees, and volunteers are trained in the industry standards to youth baseball and softball programs. 2.3.4 Any person having supervisory or disciplinary authority over any minor participating in the DYA will have to submit to a criminal background screening as specified in California Public Resources Code Section 5164. Each DYA coach or volunteer having supervisory disciplinary authority over any minor must complete the supplemental questions attached as Exhibit B and must concurrently submit to being fingerprinted. DYA must submit to the Contracting Officer a completed copy of Exhibit B from each coach and volunteer and arrange for fingerprinting of each coach and volunteer before this Agreement may be executed by the City. Screening for a particular individual, the screening shall include screening by the federal government. 2.3.5 DYA must provide the City with a list of its coaches and volunteers who will have supervisory or disciplinary authority over any minors while at the City Facilities. A true and correct list of such coaches and volunteers as of the date of execution of this Agreement is attached hereto as Exhibit C. Should DYA acquire a new coach or volunteer who should be listed on Exhibit C, DYA must notify City of this fact within one week and DYA must concurrently submit a completed copy of the questionnaire, attached as Exhibit B for the new person, and have them scheduled for their criminal background screening through the federal government. 2.4 Playing Equipment 2.4.1 DYA shall be responsible for all supplies, equipment and uniforms relating to the program. 2.5 Compliance with Parks Rules and Regulations 2.5.1 DYA agrees to support the City by informing its participants of park rules and regulations (Chapter 11.44 of the Palm Springs Municipal Code). 2.5.2 An adult designated by DYA shall be present at all practices and games to enforce park rules and regulations. 2.5.3 DYA understands that the City is a public entity under the laws of the State of California, and that the City’s purpose in providing ballfields for baseball and softball usage is to provide its residents with recreational activities in a manner that will foster a sense of community, security, fun, and fair play. DYA agrees to conduct themselves in a manner that will further these goals as outlined in the Code of Conduct, Exhibit D. DYA further acknowledges that failure to do so may result in immediate termination of this Agreement. 2.6 Field Maintenance, Preparation, and Utilities Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 2.6.1 The City shall regularly water the playing fields, maintain the lawn areas, and repair potholes. Failure of the City to perform the duties under this Section 2.6 shall not, however, be construed as a default hereunder or subject the City to any liability to DYA or any users of the City facilities. DYA shall report any issues with playing fields to the Contracting Officer, City shall arrange for the repair of appropriate items in a timely manner. City is not responsible for providing any compensation to DYA for fields being unavailable. 2.6.2 The City will provide and maintain the utilities needed for outfield lighting for practices and league games at City Facilities. City shall replace and realign the field lights as needed. 2.6.3 DYA shall ensure that surrounding park space and City Facilities are left free of debris after use for practice, games, and tournaments. 2.6.4 Parties agree that DYA shall procure and apply chalk to assigned fields at its sole cost and expense, following ballfield regulations and in form satisfactory to City, during the entire term of this Agreement. 2.6.5 Representative of Parks & Recreation Department will drag the fields on Mondays and Wednesdays in preparation for play. City shall notify DYA within eight (8) hours prior to play if representative is unable to prep the fields due to unforeseen circumstances. DYA acknowledges that on City observed holidays representative and City staff will be unavailable to prep the fields. 2.6.6 DYA shall submit its complete practice, games, and tournament schedule to the City ten (10) days prior to league play, along with the number of teams that have registered, and the total number of children registered in the program for department reporting purposes. 2.6.7 DYA agrees to provide monthly attendance numbers for daily practices, games, and tournaments to the Parks & Recreation Department. Attendance numbers must be submitted to the Contracting Officer or assigned representative the last day of each month for department reporting purposes. 2.6.8 DYA agrees to provide rosters of participants with their city of residence to the City ten (10) days prior to league play for department reporting purposes. 2.7 Communications 2.7.1 The City's Contracting Officer or assigned representative shall act as a resource liaison between the City and DYA concerning operational matters. Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 2.7.2 DYA shall provide the City current DYA rules and regulations. 2.8 Program Evaluation 2.8.1 DYA agrees to provide the City with information necessary to monitor and evaluate DYA's compliance with this Agreement. 2.8.2. Program evaluation shall occur as needed throughout the season and formally at the conclusion of the season. 3. INSURANCE AND INDEMNIFICATION 3.1 DYA shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 3.1.1 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. A combined single limit of $1,000,000.00. 3.1.2 Workers’ Compensation Insurance. To the extent required by Labor Code section 3700, DYA shall procure and maintain workers’ compensation insurance shall be procured and maintained in such amount as will fully comply with the laws of the State of California and that shall indemnify, insure and provide legal defense for both DYA and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any person retained by DYA in the course of carrying out the work or service contemplated in this Agreement. 3.1.3 Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees, and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, DYA shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 3.1 to the Contract Officer. No work or services under this Agreement shall commence until DYA has provided City with Certificates of Insurance or other forms of coverage evidencing the above insurance coverages said certificates of insurance of binders are approved by City. Example of insurance requirements is attached as Exhibit E. Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 DYA agrees that the provisions of this Section 3.1 shall not be construed as limiting in any way the extent to which DYA may be held responsible for the payment of damages to any persons or property resulting from DYA activities or the activities of any person or persons for which DYA is otherwise responsible. In the event DYA subcontracts any portion of the work in compliance with Section 8.4 of this Agreement, the contract between DYA and such subcontractor shall require the subcontractor to maintain the same policies of insurance that DYA is required to maintain pursuant to this Section 3.1. 3.2 Mutual Indemnification DYA agrees to indemnify and defend the City, its officers, agents and employees against and shall hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities) that may be asserted or claimed by any persons, firm or entity arising out of or in connection with the activities at the Facility of DYA, its agents, employees or invitees, or arising from the negligent acts or omissions of DYA, or arising from DYA’s negligent performance of or failure to perform any term, provisions, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: DYA shall defend any action or actions filed in connection with any of said claims or liabilities and shall pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith: DYA shall promptly pay any judgement rendered against the City, its officers, agents or employees for any claims or liabilities arising out of or in connection with negligent performance of or failure to perform such work, operations, or activities of DYA hereunder; and DYA agrees to save and hold the City, its officers, agents and employees harmless therefrom: In the event the City , its officers, agents or employees, is made a party to any action or proceeding filed or prosecuted against DYA for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of DYA hereunder, DYA agrees to pay City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees, in such action or proceeding, including, but not limited to, legal costs and attorneys’ fees. 3.3 Sufficiency of Insurer or Surety Insurance of bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. In the event the Risk Manager Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, DYA agrees that the minimum limits of the insurance policies and the performance bond required by this Section 3 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that DYA shall have the right to appeal a determination of increased coverage by the Risk Manager, to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 4. WAIVER OF UTILITY FAILURE 4.1 DYA expressly waives any and all claims to the City for compensation for any and all losses or damages sustained for any reason or any defect, deficiency or impairment of any utility system, water supply system, drainage system, electrical apparatus or wires serving the facility with respect to the loss of the facility for DYA functions. 5. ENFORCEMENT OF AGREEMENT 5.1 California Law This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and DYA covenants, and agrees to submit to the personal jurisdiction of such court in the event of such action. 5.2 Disputes In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party: provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of the section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s or DYA’s right to terminate this Agreement without cause pursuant to Section 5.7. 5.3 [Reserved] 5.4 Waiver Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same of any other provision of this Agreement. 5.5 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 5.6 Legal Action In addition to any other rights or remedies, either party may take legal action in law or in equity, to cure, correct or remedy and default, to recover damages for any default, to compel specific performance of this Agreement to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 5.7 Termination Prior to Expiration of Term This Section shall govern any termination of this Agreement except as specifically provided in the following section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to DYA, except that where termination is due to the fault of DYA, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, DYA reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to City, except that where termination is due to the fault of City, the period of notice may be such shorter time as DYA may determine. 5.8 Attorney’s Fees If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief that may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and, in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigation such action, taking dispositions and discovery, and all other necessary costs the court allows that are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 6. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 6.1 Non-Liability of City Officers and Employees No officer or employee of the City shall be personally liable to DYA, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to DYA or to its successor, or for breach of any obligation of the terms of this Agreement. 6.2 Non-Liability of DYA Officers and Employees No officer or employees of DYA shall be personally liable to the City, or any successor in interest, in the event of any default or breach by DYA or for any amount that may become due to City or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement that affects his/her financial interest or the financial interest of any corporation, partnership or association in which he is directly or indirectly interested, in violation of any state statute or regulation. DYA warrants that it has not paid or given an shall not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Covenant Against Discrimination In connection with its performance under this Agreement, DYA 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”). Contractor 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 Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor 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 Contractor 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. 7. MISCELLANEOUS PROVISIONS Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 7.1 Notice Any notice, demand, request, document, consent, approval or communication 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 prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263-2743, and, in the case of DYA, to the person at the address designated in Section 8.1. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this section. 7.2 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. 7.3 Integration; Amendment It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all precious negotiations, arrangements, agreements and understandings, if any, between the parties, and non shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 7.4 Severability In the event that any one or more of the phrases, sentences, clauses, paragraphs or sections contained in the Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is no material that this invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 7.5 Corporate Authority The persons on executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 8. COORDINATION OF WORK 8.1 Representative of DYA: JoAnn Meza, Director of Operations Desert Youth Athletics 68180 Empalmo Rd Cathedral City, CA 92234 t. (760) 408-7811 | email: desertyouthathletics@gmail.com 8.2 City Representative: DYA shall be responsible for keeping the Contracting Officer fully informed of DYA's use of the City Facilities as authorized by this Agreement. DYA shall refer any decisions that must be made by City to the Contracting Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contracting Officer. The Contracting Officer is hereby defined to be the designee of the City Manager and is the representative to coordinate with DYA regarding operational matters at the facility: Nick Gonzalez, Director of Parks & Recreation 401 S. Pavilion Way Palm Springs, CA 92262 t. (760) 323-8272 | email: nicholas.gonzalez@palmspringsca.gov 8.3 Prohibition Against Subcontracting or Assignment The experience, knowledge, capability and reputation of DYA, its principals, and employees, were substantial inducement for City to enter into this Agreement. Therefore, DYA shall not contract with any other entity to perform, in whole or in part, the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise without the prior written approval of City. In the event of any such unapproved transfers, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release DYA or any surety of DYA of any liability hereunder without the express consent of City. 8.4 Independent Contractor Neither City nor any of its employees shall have any control over the manner, mode or means by which DYA, its agents or employees, preforms the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of DYA employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. DYA shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 contract with only such obligations as are consistent with the role. DYA shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of DYA in its business or otherwise or a joint venture or a member of any joint enterprise with DYA. 9. TERM 9.1 Unless earlier terminated in accordance with section 5.7 of this Agreement, the term of this Agreement shall commence on Effective Date and terminate on June 30, 2025. [SIGNATURES TO FOLLOW] Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS DYA Nicholas S. Gonzalez JoAnn Meza Director, Parks & Recreation Director of Operations, Desert Youth Athletics (DYA) APPROVED AS TO FORM: _____________________________ Jeff Ballinger City Attorney ATTEST: _____________________________ Brenda Pree City Clerk Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 1/27/2025 1/27/2025 1/27/2025 1/27/2025 EXHIBIT A SCOPE OF WORK I. RECREATIONAL ACTIVITY DESCRIPTION DYA shall set up recreational activity and provide professional instruction services in a manner consistent with industry standards to youth baseball and softball leagues and associations. II. FACILITY DYA shall utilize City Facilities for conducting practices, games, and tournaments during the contractual period. Per Section 2.1.5 of Agreement, a Facility Use Application shall be submitted at least two (2) weeks prior to use of ball fields or parks outside of the terms of this Agreement. III. CONCESSION STAND USAGE DYA shall utilize the concession facility for the purpose of storage and office space. Operation of the Concession Stand may only occur during the DYA practices, games, and tournaments. DYA is not authorized to operate the Concession Stand outside of contractual schedule. DYA is not authorized to conduct food concessions from the facility during the terms of this Agreement, or until further notice. For purposes of food sales outside of the Concession Stand, City authorizes pre-packaged food and pre-bottled, non-alcoholic beverages only. No glass containers shall be permitted or sold on site. Proof of a valid City business license is required prior to the selling of food and beverage items. DYA will pay to the City a concession fee of Five Hundred Dollars ($500) per terms of this Agreement. This concession payment will be spent on improvements and necessary repairs to the Concession Stand. Improvement will be mutually agreed upon by City and DYA in advance of any expenditure commitment, City shall be responsible for maintenance and repairs of Concession Stand. IV. SEASON SCHEDULE Field Schedule will be programmed during pre-determined hours. Hours may be adjusted with written permission of the Contracting Officer. The standard schedule is as follows: SPRING SEASON DAYS TIME & FIELDS February 1 – June 30, 2025 (Practices and Games) Mondays – Fridays • 5:00 PM – 10:00 PM • John Williams Little League Fields (#1-4) and fields #5 & 6 Tournaments TBD • TBD DYA shall submit its complete season schedule, flyers, and social media information to the Contracting Officer no less than ten (10) days prior to use of City Facilities per Section 2.6.6. Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 DYA acknowledges that usage of City Facilities is subject to availability. City reserves the right to exercise sole and absolute discretion of determining City Facilities availability. Usage of City Facilities for purposes not outlined in the agreement shall be subject to review and additional fees per the City’s Comprehensive Fee Schedule (CFS); Facility Use Application processing, permits, contracts, insurance, etc. may be required. V. FEE DYA agrees to make payments as installments per Section 2.1.2. DYA agrees that balance of FY25 season payments shall be paid in full before execution of the FY26 Agreement. City reserves the right to exercise its right to terminate the Agreement per Section 5.7 due to lack of payment. DYA will be charged as follows: FACILITY AREA FEE FIELDS AND LIGHTING USAGE FEE $3000 STORAGE AREA USAGE FEE $500 VI. EQUIPMENT STORAGE DYA shall be responsible for all supplies, equipment, storage of supplies and equipment, uniforms relating to the program, and payment for use of the Concession Stand. City is not responsible for loss or damage of supplies and equipment or storage area. Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 EXHIBIT B SUPPLEMENTAL QUESTIONAIRE Pursuant to California Public Resources Code § 5164, this form must be completed by all applicants for positions involving supervisory or disciplinary authority over any minor. YES NO 1. Have you ever been convicted of sexual assault or assault with intent to commit mayhem? 2. Have you ever been convicted of unlawful sexual intercourse with a person under age 18? 3. Have you ever been convicted of rape? 4. Have you ever been convicted of the rape of a spouse? 5. Have you ever been convicted of willful harm or injury to a child? 6. Have you ever been convicted of child endangerment? 7. Have you ever been convicted of corporal punishment or injury to a child? 8. Have you ever been convicted of willful infliction of corporal injury to a spouse, former spouse, cohabitant, or mother or father of your child? 9. Have you ever been convicted of any sexual crime or offense? 10. Have you ever been convicted of any of the following crimes or of an attempt to commit any of the following crimes? 10.1 Kidnapping? If yes, were you convicted of kidnapping or attempted kidnapping with the intent to commit rape, sodomy, lewd or lascivious acts, oral copulation, or forcible acts of sexual penetration? 10.2 Kidnapping for ransom? If yes, were you convicted of kidnapping for ransom or attempted kidnapping for ransom with the intent to commit rape, sodomy, lewd or lascivious acts, oral copulation, or forcible acts of sexual penetration? 10.3 Sexual battery? 10.4 Aiding, abetting or soliciting the rape, rape of a spouse, or forcible acts of sexual penetration? 10.5 Enticement of an unmarried minor female for purposes of prostitution? 10.6 Aiding, abetting the enticement of an unmarried minor female for purposes of prostitution? 10.7 Inducing sexal intercourse with another when the other’s consent is procured by false pretenses with the intent to create fear? 10.8 Pimping of a minor? 10.9 Pandering of a minor? 10.10 Procurement of a child under 16 years of age for lewd or lascivious acts? 10.11 Abduction (taking away) of a person under age 18 for purposes of prostitution? 10.12 Agravated sexual assault of a child? 10.13 Incest? 10.14 Sodomy? 10.15 Lewd or lascivious acts or the solicitation of the same? 10.16 Oral copulation? 10.17 Continuous sexual abuse of a child? Page 1 of 2 YES NO Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 10.18 Forcible acts of sexual penetration or the solicitation of the same? 10.19 Selling, distributing, printing or exhibiting of child pornography? 10.20 Sexual exploitation of a child? 10.21 Employment or use of a minor to perform prohibited acts? 10.22 Advertising child pornography? 10.23 Possession of child pornography? 10.24 Annoying or molesting a child under 18? 10.25 Solicitation of rape by force or violence, sodomy by force or violence, or oral copulation by force or violence? 10.26 Indecent exposure? 10.27 Procuring, counseling, or assisting any person to commit indecent exposure? 10.28 Contributing to the delinquency of a minor? 10.29 Sending harmful material to a minor with the intent to seduce said minor? 11. Have you ever been convicted of armed robbery? 12. Have you ever been convicted of armed carjacking? 13. Have you ever been convicted of assault or attempted murder of a public official? 14. Have you ever been convicted of false imprisonment? 15. Have you ever been convicted of assault? 16. Have you ever been convicted of battery? 17. Have you ever been convicted of murder? 18. Have you ever been convicted of mayhem? 19. Have you ever been convicted of a crime that requires you to register as a sex offender in the State of California? CERTIFICATION OF APPLICANT I hereby certify that all responses herein are true and correct, and I understand and agree that any misstatement or omission of material fact may cause forfeiture on my part of all rights to DYA utilizing City Faciltiies. Date: ___________ Signature: ____________________________________________________________________ Page 2 of 2 Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 EXIBIT C List of Coaches and Volunteers Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 . EXHIBIT D CODE OF CONDUCT The City is committed to fostering a welcoming environment for its employees residents, and visitors on City premises or engaging in City-related business. The intent of this Code of Conduct is for the City to define expectations of an individual or business conducting business on City premises or through the City providing services or programs. This Exhibit provides information to instructors, coaches, and City Center users regarding standards of acceptable behaviors with respect to basic rights, as well as duty of good faith and fair dealing. USER IS EXPECTED TO DO THE FOLLOWING: • Demonstrate courtesy. • Behave in a responsible manner, always exercising self-discipline. • Respect the right and privileges of other participants, volunteers, and City staff. • Respect the property of others, including City property and facilities. • Cooperate with or assist the City staff in maintaining safety, order, and discipline. • Coordinate in a responsible and timely manner with City staff in addressing class scheduling or other issues with program or participants. EXAMPLES OF UNACCEPTABLE BEHAVIORS INCLUDE THE FOLLOWING: • Any instance of any form of insubordination or undermining of authority of City staff. • Any form of threatening, coercive, or aggressive behavior toward participants, volunteers or City staff, whether written (including text or email), verbally, or physically. • Engaging in loud, rude, unprofessional or aggressive behavior on City Property. • Defacing/damaging City property or the property of others. • Failure to follow rules and regulations of the City of Palm Springs This Code of Conduct applies to all persons participating in any program, class, service, or using a City facility managed and operated by the City of Palm Springs Department of Parks & Recreation. Failure to abide by such Code of Conduct may result in termination of this Agreement. Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 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 CONTRACT OR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GL00000000 (Gen. Liability Policy No.) Begin Date EACH OCCURRENCE Expiration FIRE DAMAGE $ 1,000,000 $ Date MED EXP PERSONAL & ADV INJURY Must be "occurrence" GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS - COMP/OP AGG $ $ 1,000,000 $ 2,000,000 $ POLICY X JECT LOC Large projects may require higher coverage AUTOMOBILE LIABILITY B X ANY AUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS ANY AUTO required if the limit is applied separately to the permit, agreement, etc. $2,000,000 general aggregate limit is required for insurance written on an occurrence basis. PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC $ AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND C EMPLOYERS' LIABILITY WC0000000 (Workers Comp. Policy No.) Waiver of subordination in favor of Certificate Holder X WC STATU- TORY LIMITS OTH- ER OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS/ ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (See attached endorsements) The certificate holder should be made out to the attention of the City of Palm Springs, Attn:City Clerk. This will help prevent your certificates from being sent to the wrong department within the city. CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: A City of Palm Springs P.O. Box 2743 Palm Springs, CA 92262 Attn: City Clerk CANCELLATION AUTHORIZED REPRESENTATIVE 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 CONTRACT OR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GL00000000 (Gen. Liability Policy No.) Begin Date EACH OCCURRENCE Expiration FIRE DAMAGE $ 1,000,000 $ Date MED EXP PERSONAL & ADV INJURY Must be "occurrence" GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS - COMP/OP AGG $ $ 1,000,000 $ 2,000,000 $ POLICY X JECT LOC Large projects may require higher coverage AUTOMOBILE LIABILITY B X ANY AUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS ANY AUTO required if the limit is applied separately to the permit, agreement, etc. $2,000,000 general aggregate limit is required for insurance written on an occurrence basis. PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC $ AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND C EMPLOYERS' LIABILITY WC0000000 (Workers Comp. Policy No.) Waiver of subordination in favor of Certificate Holder X WC STATU- TORY LIMITS OTH- ER OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS/ ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (See attached endorsements) The certificate holder should be made out to the attention of the City of Palm Springs, Attn:City Clerk. This will help prevent your certificates from being sent to the wrong department within the city. CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: A City of Palm Springs P.O. Box 2743 Palm Springs, CA 92262 Attn: City Clerk CANCELLATION AUTHORIZED REPRESENTATIVE EXHIBIT E Insurance Certificate Example ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) PRODUCER Name of Producer (Insurance Agent) Address Telephone No. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A: Name of Insurer (Insurance Companies must Name of Insured (Permittee, Contr., Developer*) INSURER B: Name of Insurer have a minimum Best's Rating Address INSURER C: Name of Insurer of B+++ and a Financial INSURER D: Performance Rating of VII.) *As required by permit, agreement, etc . INSURER E: COVERAGES AL00000000 Begin Expiration (Auto Liability Policy No.) Date Date $1,000,000 general aggregate limit is ACORD 25-S (7/97)© ACORD CORPORATION 1988 Begin Expiration E.L. EA ACCIDENT $ 1,000,000 Date Date E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 55575.18185\40054029.1 Commercial General Liability Endorsement Example POLICY NUMBER: GL00000000 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Palm Springs PO Box 2 743 Palm Springs, CA 92 2 6 2 Attn: City Clerk (If no entry appears above, the information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. a. The City of Palm Springs, its officers, officials, employees and volunteers are to be covered as additional insureds. b. For any claims related to this project, named insured's insurance coverage shall be primary and non-contributory to any insurance maintained by the certificate holder. c. Each insurance policy required shall be endorsed that a thirty (30) day notice be given to CITY in the event of cancellation or modification to the stipulated insurance coverage. CG 20 10 10 93 Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 BUSINESS LICENSE CERTIFICATE Fees Paid:$40.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. Business Name:Desert Youth Athletics DBA: Owner:DESERT YOUTH ATHLETICS Mailing Address:68180 EMPALMO RD CATHEDRAL CITY, CA 92234 License Number:ICA-000045-2025 Expiration Date:01/31/2026 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. Business Location:4200 E MESQUITE AVE, PALM SPRINGS, CA 92264 Business Description:Non profit youth recreational baseball/softball league providing service out of Demuth Park. TO BE POSTED IN A CONSPICUOUS PLACE Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 01/13/2025 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME:Mass Merchandising Underwriting K&K Insurance Group, Inc. 1712 Magnavox Way Fort Wayne IN 46804 PHONE (A/C, No, Ext):1-800-426-2889 FAX (A/C, No):1-260-459-5105 E-MAIL ADDRESS:info@sportsinsurance-kk.com PRODUCER CUSTOMER ID: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A:AIG Specialty Insurance Company 26883 Desert Youth Athletics DBA: DYA Yellow Jackets 68180 EMPALMO RD CATHEDRAL CTY, CA 92234 A Member of the Sports, Leisure & Entertainment RPG INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: W02897726 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 CONTRACT OR 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 INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS A X COMMERCIAL GENERAL LIABILITY X 9YAPG0001334486100 05/29/2024 12:01 AM EDT 05/29/2025 12:01 AM EACH OCCURRENCE $1,000,000 CLAIMS- MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea Occurrence)$1,000,000 MED EXP (Any one person)$5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $5,000,000 GEN’L AGGREGATE LIMIT APPLIES PER:PRODUCTS – COMP/OP AGG $1,000,000 POLICY PRO- JECT LOC PROFESSIONAL LIABILITY $1,000,000 OTHER: LEGAL LIAB TO PARTICIPANTS $1,000,000 A AUTOMOBILE LIABILITY 9YAPG0001334486100 05/29/2024 12:01 AM EDT 05/29/2025 12:01 AM COMBINED SINGLE LIMIT (Ea accident)$1,000,000 ANY AUTO BODILY INJURY (Per person) OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS ONLY X NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) NOT PROVIDED WHILE IN HAWAII UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER STATUTE OTHER Y / N E.L. EACH ACCIDENT E.L. DISEASE – EA EMPLOYEE E.L. DISEASE – POLICY LIMIT A MEDICAL PAYMENTS FOR PARTICIPANTS 9YAPG0001334486100 05/29/2024 12:01 AM EDT 05/29/2025 12:01 AM PRIMARY MEDICAL EXCESS MEDICAL $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Legal Liability to Participants (LLP) limit is a per occurrence limit. Sport(s): Baseball Age(s): 12 and under The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured. CERTIFICATE HOLDER CANCELLATION City of Palm Springs P.O Box 2743, Attn: City Clerk Palm Springs, CA 92262 (Owner/Lessor of Premises) 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 Coverage is only extended to U.S. events and activities. ** NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239 CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 c POLICY NUMBER: 9YAPG0001334486100 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Palm Springs P.O Box 2743, Attn: City Clerk Palm Springs, CA 92262 Named Insured:Desert Youth Athletics DBA: DYA Yellow Jackets Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Docusign Envelope ID: EACB9872-EF46-487B-B0E6-BC42D3E9E239