Loading...
HomeMy WebLinkAbout25L117 - United Cerebral Palsy of the Inland Empire (UCPIE)CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) RECREATIONAL FACILITY USE AGREEMENT UNITED CEREBRAL PALSY OF THE INLAND EMPIRE (UCPIE) Christina Felix christina@ucpie.org Free After-School Program and Para Karate Classes for UCPIE participants at Demuth Community Center $600 per month, see Section 2 of Agreement May 6, 2025 - June 30, 2026 N/A John Sprogis, john@ucpie.org N/A Parks & Recreation Department Nicholas S. Gonzalez, Director / Ext. 8277 N/A 25L117 N/A Yes Yes Pending Department N/A No N/A N/A N/A 5/5/25 Janet Burns, Administrative Specialist Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 CITY OF PALM SPRINGS RECREATIONAL FACILITY USE AGREEMENT 25L117 TO USE A PARKS & RECREATION FACILITY FY 2025 - 2026 This Agreement to Use Parks & Recreation Facility (“Agreement”) is made and entered into this 6th day of May, 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 United Cerebral Palsy of the Inland Empire (“UCPIE”), a California non-profit, with its principal place of business located at Demuth Community Center (“City Facility”) located at 3601 E. Mesquite, Palm Springs, CA 92264, 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 UCPIE are mutually interested in and concerned with providing a safe, engaging, and supportive environment for children with disabilities in the Palm Springs community; and WHEREAS, it is recognized that through a cooperative Agreement between City and UCPIE the community will be afforded the fulfillment of one of its recreational and educational goals for citizens. NOW, THEREFORE, the City and UCPIE 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 UCPIE in their cooperative effort to effectively promote and provide an after- school program and Para Karate class as outlined in Exhibit A. 1.2 The Parties agree that UCPIE may utilize the Demuth Community Center (“City Facilities”) for their programs during the term of this Agreement. 1.3 UCPIE usage of the City Facilities shall be for the sole and exclusive purpose of operation of an after-school program and Para Karate class during the Term of this Agreement. 1.4 It is the intent of this Agreement to solidify a supportive and working relationship between UCPIE and City for recreational and educational activities. 1.5 It is the intent of this Agreement that both City and UCPIE acknowledge and direct their efforts toward the development of quality community recreational and educational programs at the City Facilities. Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 2. AREAS OF RESPONSIBILITY 2.1 Fees and Charges 2.1.1 The City shall make available to UCPIE the Multipurpose room at the City Facilities from Mondays through Fridays during normal City Facilities 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 UCPIE within twenty-four (24) hours prior to exercising its right to use the City facilities under Section 2.1.1. 2.1.2 UCPIE agrees to pay the City $600.00 per month for the use of the Multipurpose room at the City Facilities for conducting an after-school program and Para Karate classes during the contractual period. All fees are approved by the Contracting Officer. In the event that UCPIE does not utilize the Demuth Community Center during any month or any portion of any month during the term of this Agreement, UCPIE is still responsible for the full rental payment to the City unless the Agreement is terminated pursuant to Section 5.7. The UCPIE 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. Fees shall be collected by the City through set registration procedures implemented by designated City staff. Payment shall be made no later than ten (10) business days after the first day of each month. Partial payments or pro-rated fees will not be permitted. 2.1.3 Late Payment UCPIE hereby acknowledges that late payment by UCPIE 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 UCPIE not paid within fifteen (15) calendar days of its due date shall be subject to five percent (5%) late charge. UCPIE 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 UCPIE. Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 2.1.5 UCPIE shall submit a Facility Use Application at least two (2) weeks prior to use of the Demuth Community Center for programs or events outside of the terms of this Agreement. 2.2 UCPIE Staff 2.2.1 For purposes of this agreement UCPIE Staff shall include all agents, licensees, invitees, representatives, contractors, independent contractors, subcontractors, employees, and coaches. 2.2.2 UCPIE shall have sole and absolute responsibility for the reasonable control and supervision of its staff to supervise and teach participants during the program. 2.2.3 UCPIE shall be responsible for the control and safety of its staff, subcontractors, volunteers, guest coaches, and patrons. 2.2.4 UCPIE shall abide by the City’s Code of Conduct as outlined in Exhibit D while conducting activities at the City Facilities. Failure of UCPIE to abide by such Code of Conduct may result in termination of this Agreement. 2.3 Membership, Registration And Bylaws 2.3.1 UCPIE must ensure that its program is conducted in accordance with the international United Cerebral Palsy Organization Rules and Regulations and Bylaws. 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. The City recommends that all employees, coaching staff, volunteers, and board members be currently certified in cardiopulmonary resuscitation (CPR) and first aid. 2.3.3 It is the responsibility of UCPIE to ensure that all staff and volunteers are currently registered with the United Cerebral Palsy association. 2.3.4 Any person having supervisory or disciplinary authority over any minor participating in the UCPIE will have to submit to a criminal background screening as specified in California Public Resources Code Section 5164. Each UCPIE staff member, 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. UCPIE must submit a completed copy of Exhibit B and arrange for fingerprinting of each staff member, coach, and volunteer before this Agreement may be executed by the City. Screening for a particular Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 individual, the screening shall include screening by the federal government. 2.3.5 UCPIE must provide the City with a list of its staff members, coaches, and volunteers who will have supervisory or disciplinary authority over any minors while at the City facility. A true and correct list of such staff, coaches, and volunteers as of the date of execution of this Agreement is attached hereto as Exhibit C. Should UCPIE acquire a new coach or volunteer who should be listed on Exhibit C, UCPIE must notify City of this fact within one week and UCPIE 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 Program Supplies and Equipment 2.4.1 UCPIE shall be responsible for all supplies, equipment, and uniforms relating to the program and activities. No storage space shall be available at the City Facilities. 2.5 Communications 2.5.1 The City's assigned representative shall act as a resource liaison between the City and the UCPIE representative concerning operational matters. 2.6 Program Evaluation 2.6.1 UCPIE agrees to provide the City with information necessary to monitor and evaluate UCPIE's compliance with this Agreement. 2.6.2 Program evaluation shall occur as needed throughout the terms of this Agreement and formally prior to the expiration of the Agreement. 2.6.3 UCPIE agrees to provide monthly attendance numbers for after-school program and Para Karate classes to the Parks and Recreation Department to be used solely as data for program evaluation. 3. INSURANCE AND INDEMNIFICATION 3.1 UCPIE 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. Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 3.1.2 Workers’ Compensation Insurance. To the extent required by Labor Code section 3700, UCPIE 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 UCPIE 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 UCPIE in the course of carrying out the work or service contemplated in this Agreement. 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 that any of said policies of insurance are canceled, UCPIE 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 UCPIE 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. UCPIE agrees that the provisions of this Section 3.1 shall not be construed as limiting in any way the extent to which UCPIE may be held responsible for the payment of damages to any persons or property resulting from UCPIE activities or the activities of any person or persons for which UCPIE is otherwise responsible. In the event UCPIE subcontracts any portion of the work in compliance with Section 8.4 of this Agreement, the contract between UCPIE and such subcontractor shall require the subcontractor to maintain the same policies of insurance that UCPIE is required to maintain pursuant to Section 3.1. 3.2 Mutual Indemnification UCPIE 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 UCPIE, its agents, employees or invitees, or arising from the negligent acts or omissions of UCPIE, or arising from UCPIE’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 Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 officers, agents or employees, who are directly responsible to the City, and in connection therewith: UCPIE 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: UCPIE 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 UCPIE hereunder; and UCPIE 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 UCPIE 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 UCPIE hereunder, UCPIE 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 determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, UCPIE 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 UCPIE 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 UCPIE 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 UCPIE functions. 5. ENFORCEMENT OF AGREEMENT Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 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 UCPIE 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 UCPIE’s right to terminate this Agreement without cause pursuant to Section 5.7. 5.3 [Reserved] 5.4 Waiver 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 Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 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 UCPIE, except that where termination is due to the fault of UCPIE, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, UCPIE 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 UCPIE 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. 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 UCPIE, 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 UCPIE or to its successor, or for breach of any obligation of the terms of this Agreement. 6.2 Non-Liability of UCPIE Officers and Employees No officer or employees of UCPIE shall be personally liable to the City, or any successor in interest, in the event of any default or breach by UCPIE 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 Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 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. UCPIE 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, UCPIE 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 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 UCPIE, 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 Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 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. 8. COORDINATION OF WORK 8.1 Representative of UCPIE: Christina Felix, M. Ed. Skills Builder Program Manager c/o United Cerebral Palsy of the Inland Empire 42600 Cook St. #201 Palm Desert, CA 92211 (760) 321-8184 Ext 111 | Christina@ucpie.org 8.2 City Representative: Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 UCPIE shall be responsible for keeping the Contracting Officer fully informed of UCPIE's use of the City Facilities as authorized by this Agreement. UCPIE 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 UCPIE regarding operational matters at the facility: Nick Gonzalez, Director of Parks & Recreation 401 S. Pavilion Way Palm Springs, CA 92262 (760) 323-8272 | Nicholas.gonzalez@palmspringsca.gov 8.3 Prohibition Against Subcontracting or Assignment The experience, knowledge, capability and reputation of UCPIE, its principals, and employees, were substantial inducement for City to enter into this Agreement. Therefore, UCPIE 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 UCPIE or any surety of UCPIE 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 UCPIE, 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 UCPIE employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. UCPIE shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contract with only such obligations as are consistent with the role. UCPIE 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 UCPIE in its business or otherwise or a joint venture or a member of any joint enterprise with UCPIE. Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 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, 2026. [SIGNATURES TO FOLLOW] Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS “UCPIE” Nicholas S. Gonzalez John Sprogis Director, Parks & Recreation CEO United Cerebral Palsy of the Inland Empire, “UCPIE” APPROVED AS TO FORM: _____________________________ Jeff Ballinger City Attorney ATTEST: _____________________________ Brenda Pree City Clerk Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 5/6/2025 5/6/2025 5/6/2025 5/6/2025 55575.18185\40054029.1 EXHIBIT A SCOPE OF WORK I. RECREATIONAL ACTIVITY DESCRIPTION UCPIE shall set up recreational and educational after-school program and Para Karate activity, and provide professional instruction services in a manner consistent with industry standards to the international United Cerebral Palsy Organization. The after-school program provides a safe, engaging, and supportive environment for children with disabilities between the ages of 7 to 22. With a 1:3 staff-to-child ratio, UCPIE offers structured recreational and educational activities designed to promote socialization, skill-building, and independence. The program is completely free and led by experienced staff who are dedicated to enriching the lives of the children served. UCPIE will also be hosting a Para Karate class for both Palm Springs and Desert Hot Springs program participants. Having a space for Para Karate in Palm Springs would eliminate the need for staff and families to travel to La Quinta, as Sensei Tamera is willing to come to Palm Springs to teach the class. Currently, there are 7 participants in the Palm Springs program and 10 in the Desert Hot Springs program, with a maximum capacity of 24 children. II. FACILITY UCPIE shall utilize the Multipurpose room at Demuth Community Center for conducting an after-school program and Para Karate classes during the contractual period. City staff shall provide tables and chairs as needed for program. SPECIAL ARRANGEMENTS UCPIE shall have a non-exclusive use of the City Facilities while the County Registrar of Voters is utilizing the Center as a Voting and Ballot Drop-off Center. The City reserves the right to lease the City Facilities exclusively to the County Registrar of Voters and will make best effort to give UCPIE twenty-four (24) hours’ notice prior to exercising its right. UCPIE shall be responsible for the control and safety of its staff, subcontractors, volunteers, coaches, and patrons during joint usage. City shall be responsible for the control and safety of City staff; County shall be responsible for County staff, volunteers, and subcontractors. County staff, volunteers, and subcontractors will be responsible for control and safety of patrons utilizing the Voting and Ballot Drop-Off Center. County shall be responsible for maintaining the cleanliness of utilized space. UCPIE acknowledges that other rooms and spaces at the City Facilities may be utilized for regular city-sponsored programming. Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 City reserves the right to temporarily relocate the group at the City’s discretion. City shall make best efforts to notify UCPIE within twenty-four (24) hours prior to exercising its right to move the group. III. PROGRAM SCHEDULE UCPIE activities will be programmed Mondays – Fridays during recreational facility standard operating hours. Hours may be adjusted with written permission of the Parks & Recreation Director. The standard schedule is as follows: PROGRAM DAY TIME Para-Karate Class Every Tuesday, date TBD 3:30 PM – 6:30 PM After-School Program Every other Wednesday, date TBD 3:30 PM – 6:30 PM IV. FEE UCPIE shall be charged $600.00 per month as approved by the Contracting Officer. Fees shall be collected by the City through set registration procedures implemented by designated City staff. Payment shall be made no later than ten (10) business days after the first day of each month. See Section 2.1 Fees and Charges of the Agreement. V. EQUIPMENT STORAGE No storage space at Demuth Community Center will be available. UCPIE will be responsible for storage of supplies, equipment, and uniforms utilized for UCPIE programs and activities. City shall not be held responsible for loss or damage of supplies or equipment. Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 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 Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 YES NO 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 United Cerebral Palsy of the Inland Empire utilizing the City of Palm Springs facilities. Date: ___________ Signature: ____________________________________________________________________ “EXHIBIT B” Page 2 of 2 Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 EXHIBIT C (List of Staff, Coaches, and Volunteers) Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 55575.18185\40054029.1 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 regarding standards of acceptable behaviors with respect to basic rights, as well as duty of good faith and fair dealing. TENANT IS EXPECTED TO DO THE FOLLOWING: • Demonstrate courtesy. • Behave in a responsible manner, always exercising self-discipline. • Respect the rights 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 Instructor’s program or participants. EXAMPLES OF UNACCEPTABLE BEHAVIORS INCLUDE THE FOLLOWING: • Being involved in an 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 and/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. Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/3/2025 License # 0757776 (951) 788-8500 (951) 788-8502 United Cerebral Palsy of the Inland Empire 42-600 Cook St. Suite 201 Palm Desert, CA 92211 1 A 1,000,000 X 2024-09075 7/1/2024 7/1/2025 500,000 20,000 1,000,000 2,000,000 2,000,000 1,000,000A 2024-09075 7/1/2024 7/1/2025 2,000,000A 2024-09075-UMB 7/1/2024 7/1/2025 2,000,000 The city of Palm Springs, its officers, officials, employes and volunteers are additinal insured including Primary and Non-Contributory with respects to General Liability per attached form NIAC-E61 02 19 when required by written contract. Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. City of Palm Springs P.O. Box 2743 Attn: City Clerk Palm Springs, CA 92262 UNITCER-02 KMORRISROE HUB International Insurance Services Inc. PO Box 5345 Riverside, CA 92517 Nonprofits' Insurance Alliance of California, Inc X X X X X X X Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 Insured Name: United Cerebral Palsy of the Inland Empire Policy Number : 2024-09075 Term: 7/1/2024 to 7/1/2025 Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/4/2025 License # 0252636 (818) 295-2200 (818) 295-2201 11991 United Cerebral Palsy of the Inland Empire 42-600 Cook St., Suite 201 Palm Desert, CA 92211 A WCNCC314506 7/1/2024 7/1/2025 1,000,000 1,000,000 1,000,000 City of Palm Springs P.O. Box 2743 Attn: City Clerk Palm Springs, CA 92262 UNITCER-01 AMANDAM United Agencies 100 No. 1st Street, Ste. 301 Burbank, CA 91502 National Casualty Company X Docusign Envelope ID: 106DEDC4-1234-4E03-B009-D57A8E67CE76