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HomeMy WebLinkAbout25N166 - Action Park Alliance, Inc.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) Independent Instructors 70/30 Agreement Action Park Alliance, Inc. Mark Laue mark@actionparkalliance.com Provide skateboarding instruction for summer camp Early Eye Opener program $0, See Compensation Section of Agreement June 9, 2025 - August 1, 2025 N/A Mark Laue, mark@actionparkalliance.com N/A Parks & Recreation Nicholas S. Gonzalez, Director/ Ext 8277 N/A 25N166 N/A Yes Yes N/A Department N/A No N/A N/A N/A 6/5/2025 Janet Burns, Administrative Specialist Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ CITY OF PALM SPRINGS INDEPENDENT INSTRUCTORS 70/30 AGREEMENT FOR PARKS & RECREATION FY 2025 - 2026 This Independent Contractor Agreement for a Recreation Instructor (“Agreement”) is made and entered into this 9th day of June, 2025 (“Effective Date”), by and between Action Park Alliance, Inc. (“Instructor”), and the City of Palm Springs (the “City”). The City and Instructor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 1. RECITALS A. City is a public agency of the State of California in need of professional recreational instruction for: Skateboard Instruction B. Instructor is an independent Instructor and possesses the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Instructor to provide the services described herein. 2. PURPOSE: The City hereby engages Instructor for the purpose of providing Skateboard instruction, as further detailed in the Scope of Work attached hereto as Exhibit “A” and incorporated herein by reference (the “Services”). Instructor shall complete the Services in a skillful and competent manner, in accordance with all applicable laws, rules and regulations, and in accordance with the terms of this Agreement. Instructor shall perform such other duties as are customarily performed by one holding such position in other same or similar businesses or enterprises as that engaged in by the City. 3. TERM: The term of this Agreement shall begin on Effective Date and shall expire on August 1, 2025, unless earlier terminated as provided in this Agreement. 4. INDEPENDENT INSTRUCTOR: The Parties intend and agree that at all times during the performance of services pursuant to this Agreement, Instructor is and shall be acting as an independent Instructor. Instructor understands and acknowledges that in entering into this Agreement Instructor is an Independent Instructor and not an employee of the City and is not eligible for any benefits of City employment. Instructor further understands and acknowledges that City does not maintain any Workers’ Compensation, accident or any type of insurance coverage for Independent Instructors. City shall not be liable for any payment or compensation in any form to Instructor other than as provided for herein. Other than the use of the facility, Instructor shall be responsible to use his or her own tools, supplies and equipment consistent with Section 6 herein and is responsible to determine the method and manner of instruction consistent with Section 2 herein. Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ 5. EQUIPMENT AND LABOR: Instructor shall furnish all tools, equipment, apparatus, supplies, and materials (“Supplies and Equipment”) required for performance of the Services, unless otherwise mutually agreed by the City. Instructor assumes all risk of loss, damage, or harm to the Supplies and Equipment arising in connection with the Services of this Agreement. 6. COLLECTION OF FEES: Fees shall be collected by the City through set registration procedures implemented by designated City staff (“Registration Fees”). Instructor is not authorized to collect Registration Fees on behalf of the City. However, in some instances, additional fees for supplies and/or materials necessary for the participation in and the completion of the class, program, camp, activity, etc. may be imposed by Instructor and are not considered Registration Fees and therefore will not be collected by the City. These fees will be collected by and paid directly to the Instructor/Instructor. 7. COMPENSATION: City agrees to pay Instructor for the performance of Services on the following terms: A. 70% of class registration fees collected B. All compensation shall be paid at the end of each month, in accordance with the Accounts Payable schedule. C. Instructor shall not be entitled to any additional compensation. 8. PAYMENT: The compensation provided in Paragraph 7 of this Agreement shall be paid upon satisfactory completion of the Services. The City’s Department of Parks and Recreation will provide Instructor with a printed report from ActiveNet. ActiveNet report will state the number of people registered for the program and the amount of money collected. Instructor will review and approve record. 9. SUBCONTRACTORS: In the event Instructor will not be able to teach class due to illness or any other reason, Instructor shall implement the following procedure: a. Instructor shall procure a substitute Instructor equally or better qualified and acceptable to the City to instruct class at the prescribed time and place. Subcontractors must meet the criminal background screening and fingerprinting requirements according to California Public Resources Code Section 5164. All substitute Instructors must be approved by the Department of Parks & Recreation prior to providing services. b. All subcontracts shall contain a provision making them subject to all applicable terms and conditions of this Agreement. A copy of all subcontracts shall be provided to the City within fifteen (15) days of subcontract execution. c. Instructor shall notify assigned designated staff regarding the substitute’s name, qualifications, address, and phone information. Payment of all subcontractors shall be the responsibility of Instructor. Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ d. If a substitute cannot be procured, the class will be canceled and a make-up class added to the end of the session. Instructor shall be responsible for notifying the students of the cancellation. 10. SUPERVISION: Instructor shall establish appropriate rules for participation in the Services and shall assume responsibility for student discipline to ensure adequate protection of students and facility. Instructor agrees to work with assigned City staff to maintain accurate enrollment records. 11. FACILITY: The City shall be responsible for providing a suitable facility for the conduct of the Services (the “Facility”) as specified in Exhibit A, unless otherwise noted under the “Special Arrangements” provision of this Agreement. As part of the Services, Instructor shall be solely responsible for setting up the Facility for instruction and maintaining the Facility in a clean, safe, and orderly manner. Instructor shall be responsible for cleaning and/or restoring the Facility to its usual condition following each class session. City representatives shall at all times have access to the Facility, whenever Services are in progress, to monitor programs for quality. 12. CONDUCT: Instructor understands that the City is a public entity under the laws of the State of California, and that the City’s purpose in engaging Instructor is to provide its residents with recreational activities in a manner that will foster a sense of community, security, fun, and fair play. Instructor agrees to conduct himself/herself in a manner that will further these goals as outlined in the Code of Conduct (Exhibit C). Instructor further acknowledges that failure to do so may result in immediate termination of this Agreement. 13. COORDINATION OF SCHEDULE: Instructor agrees to coordinate with the City specified time(s) and date(s) for the Services in order to avoid conflict of use as outlined in Exhibit A. Dates and times shall be contingent upon Facility operational hours, and availability due to holidays and other events. It is agreed that the resolution of any conflict is at the sole discretion of the City Manager or his/her designee. Coordination is for the sole purpose of coordinating City’s recreational program schedules and not to determine the method or means of performing the Instructor’s services. 14. PUBLICITY: Instructor shall not advertise, print, or publish any promotional materials in connection with the Services without the prior written approval of the City Manager or his/her authorized representative. The City reserves the right to broadcast, televise, and photograph the Services for the purpose of advertising. 15. INSTRUCTOR REPRESENTATIONS AND ACKNOWLEDGMENTS: By signing this Agreement, Instructor represents and acknowledges: a. That the information provided by the Instructor in the Contract Class/Program Proposal ("Proposal") and this Agreement is true and correct to the best of Instructor’s knowledge. Instructor further understands and agrees that any material misrepresentation may result in the immediate cancellation of this Agreement without prior notice or right of appeal. Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ b. All current instructors, prospective instructors, and substitute instructors for the Parks & Recreation Department acknowledge that the City will fingerprint all instructors and substitute instructors for the Parks & Recreation Department who may have supervisory or disciplinary authority over minors, pursuant to Public Resources Code section 5164, prior to the commencement of instruction. Instructor understands the City will submit the fingerprints to the Department of Justice to obtain summary criminal history information on all such prospective instructors, as authorized by California Penal Code section 11105. Instructor understands that, as authorized by California Public Resources Code section 5164, the City will refrain from hiring any prospective instructor whose criminal summary record shows a conviction for any offense specified by that section. c. Fingerprinting and background checks will be scheduled through the Parks & Recreation Department. Instructors and substitutes must have clearance prior to the start of their program or class. d. Instructor understands that a background investigation may be conducted in order to verify Instructor’s responses in the Proposal and/or Agreement and to otherwise obtain information as to Instructor’s character, reputation, personal characteristics, work habits, academic credentials, job performance, experience and/or criminal history from various private and public sources, along with other public records available. Instructor further understands that this investigation may involve an "investigative consumer report" that may include information as to Instructor’s character, general reputation, or personal characteristics, obtained through personal interviews with neighbors, friends, associates and/or others who may have knowledge of such items of information. Instructor understands that Instructor has a right within a reasonable period of time to request a complete and accurate disclosure of the nature and scope of the investigative consumer report. Instructor recognizes, however, that such disclosure will not include the names of sources, the information obtained, nor a copy of the investigative consumer report. 16. HOLD HARMLESS AND INDEMNIFICATION: Instructor shall defend, indemnify, and hold harmless the City, its officials, officers, agents, employees, and volunteers (“Indemnified Parties”) free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury in law or equity to property or persons, including wrongful death, in manner arising out of our incident to any alleged acts, omissions, or willful misconduct of Instructor, its employees, agents, consultants, Instructors, and volunteers arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Instructor shall pay and satisfy any judgement, award, or decree that may be rendered against the Indemnified Parties, or any of them, in any such suit, action, or other legal proceeding. Instructor shall reimburse the Indemnified Parties for any and all legal expenses and costs incurred by any of them in connection therewith or in enforcing the indemnity herein provided. Instructor’s obligation to indemnify shall not be restricted to insurance proceeds, in any, received by the Indemnified Parties. Such indemnification shall cover death or bodily injury Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ to any person; injury to, loss, or theft of property, injury arising from the furnishing or use of any copyrighted or uncopyrighted composition, secret process, or patented or unpatented invention, or any other type of injury, whether such injury or damage occurs on or off City property. This provision shall survive any expiration or termination of this Agreement. 17. RELEASE OF LIABILITY; WAIVER OF CLAIMS: a. Instructor fully releases, waives all claims against and discharges the City, its officials, officers, directors, employees, agents, Instructors and volunteers (“Released Parties”) from any and all claims, actions, debts and liabilities for damages which Instructor or any of its subcontractors or related parties (“Instructor Parties”) now have or in the future may have against the Released Parties for any injuries, loss through theft, or damage to property suffered by the Instructor Parties by reason of performance of the Services, this Agreement, or by reason of the presence on City premises or in City facilities in conjunction with the performance of the Services. Instructor assumes full responsibility for any injuries, damages or losses that Instructor or the Instructor Parties may incur in performing this Agreement, regardless of any negligence on the part of the Released Parties. b. This waiver and release specifically constitutes a waiver of each and all of the provisions of California Civil Code section 1542. With respect to the matters released hereunder, Instructor waives any rights or benefits that he or she might otherwise have under California Civil Code section 1542, or any other similar law. California Civil Code section 1542 provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” c. Instructor has read and understands that the above waiver and release will prevent the Instructor or the Instructor’s estate from recovering damages in the event of bodily injury, death, or damage to property. Nevertheless, Instructor executes this Agreement freely and voluntarily and agrees that it will be binding upon the Instructor and the Instructor’s heirs, assigns, successors, and legal representatives. Instructor shall not allow any Instructor Parties to participate in the Services unless and until such Instructor Parties have executed a waiver and release containing the terms above. The above waiver and release shall survive any expiration or termination of this Agreement. 18. INSURANCE: The City reserves the right to require Instructor to maintain insurance for the duration of this Agreement. Insurance requirements, if any, are attached as Exhibit "B" and incorporated herein by reference. Instructor shall provide City with proof of insurance prior to the commencement of Services. Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ 19. ASSUMPTION OF RISK: It is understood that Instructor and any subcontractors of Instructor are not covered by the City’s Worker’s Compensation Insurance and, therefore, perform the Services at their own risk. The City shall not be liable for any personal injuries incurred during the performance of the Services or this Agreement. Any substitute or subcontractor for Instructor shall not be a volunteer and shall not be considered an employee of Instructor. If Instructor has employees, Instructor shall be required to provide Worker’s Compensation Insurance as required by the State of California Employer’s Liability Insurance. This provision shall survive any expiration or termination of this Agreement. 20. GENERAL COMPLIANCE WITH LAWS. Instructor shall comply with all federal, state, and local laws, statutes, rules and regulations in any manner affecting the performance of the Services or this Agreement. 21. AMERICANS WITH DISABILITIES ACT: Instructor agrees that he or she shall make every attempt to accommodate people with physical and/or mental disabilities. Instructor shall not discriminate on the basis of such disabilities. 22. GOVERNING LAW: This Agreement shall be interpreted in accordance with the laws of the State of California. Venue shall be in Riverside County, California. 23. ATTORNEY FEES: In the event of litigation between the Parties, the prevailing Party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court. 24. MODIFICATION: No amendment or modification of this Agreement is valid unless made in a writing signed by both Parties to this Agreement. 25. NON-ASSIGNMENT: Instructor shall not have any right to assign and/or transfer his or her rights and/or obligations under this Agreement without the prior written consent of the City. 26. DEFAULT: Failure to comply with any of the terms and/or conditions of this Agreement shall constitute default by the Instructor. 27. TERMINATION: This Agreement may be terminated for convenience by the City upon thirty (30) days written notice to Instructor. The City shall have the right to immediately terminate this Agreement for cause, without prior notice, and without penalty or liability on the part of the City. Termination for cause shall be made by written notice setting forth the effective date of termination. 28. NOTICE: Any notice required to be given pursuant to this Agreement may be personally served on the Parties or may be served by certified mail, electronic mail, or return receipt request, to the Parties signing this Agreement, at the addresses specified in Section 34. Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ 29. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties concerning the subject manner hereof and supersedes all agreements, representations, statements, promises, and understandings, whether oral or written, with respect to the subject matter hereof. 30. SEVERABILITY: In the event any terms or condition of this Agreement shall be held to be invalid and unenforceable by a court of competent jurisdiction, the other terms and conditions of this Agreement shall be valid and binding on the Parties hereto. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Waiver by any Party of any portion of this Agreement shall not constitute a waiver of any other portion thereof. 31. SPECIAL ARRANGEMENTS: Special arrangements may be further detailed in Exhibit “A”. 32. COORDINATION OF WORK: Mark Laue, Skate Park Operations Manager Action Park Alliance, Inc. c/o 405 S. Pavilion Way Palm Springs, CA 92264 Park (760) 656-0024 | mark@actionparkalliance.com Nicholas S. Gonzalez, Director of Parks & Recreation 401 S. Pavilion Way Palm Springs, CA 92262 (760) 323-8272 | recreation@palmspringsca.gov 33. NON-EXCLUSIVE AGREEMENT: Instructor is not in an exclusive Agreement with the City and is free to perform the same or similar services for others without restriction by the City. (SIGNATURES TO FOLLOW) Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year last written below. CITY OF PALM SPRINGS RECREATIONAL INSTRUCTOR Nicholas S. Gonzalez Mark Laue Director, Parks & Recreation Manager, Action Park Alliance, Inc. APPROVED AS TO FORM: _____________________________ Jeff Ballinger City Attorney ATTEST: _____________________________ Brenda Pree City Clerk Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 6/18/2025 6/18/2025 6/18/2025 6/23/2025 55575.18185\43770698.1 Instructor’s Initials: __________________ EXHIBIT A SCOPE OF WORK I. RECREATIONAL INSTRUCTION DESCRIPTION Instructor warrants that he/she is qualified to provide professional recreation instruction services in a manner consistent with industry standards to teach skateboarding. Instructor warrants that he/she will provide all necessary supplies, equipment, personnel, and other such necessities that enable him/her to perform the Services in a safe, competent, and professional manner. II. FACILITY Instructor shall utilize the Palm Springs Skate Park, located at 403 S. Pavilion Way, for conducting skateboarding lessons during the Camp Palm Springs 2025 Early Eye Opener program. III. CLASS SCHEDULE Classes will be scheduled on Mondays – Fridays in the Palm Springs Skate Park during recreational facility standard hours of operation. Classes shall be conducted during the hours of the Early Eye Opener program offered to the general public, beginning Monday, June 9, 2025 until Friday, August 1, 2025 (8 weeks). Early Eye Opener classes shall operate during the Camp Palm Springs 2025 summer camp schedule. Note that class will be closed Friday, July 4, 2025. Class hours may be adjusted based on seasons with written approval from the Parks & Recreation Director. The standard schedule is as follows: CLASS DAY DURATION TIME EARLY EYE OPENER SKATE CAMP MONDAYS - FRIDAYS 1 hour 7:45 AM – 8:45 AM IV. CLASS PROMOTIONAL FLYER The City of Palm Springs Parks & Recreation staff shall produce a flyer to help promote the Instructor-led classes. V. CLASS FEE SCHEDULE Classes will be scheduled on Mondays – Fridays during recreational facility standard operational hours. Fees shall be collected via the City of Palm Springs ActiveNet registration system. No waitlist will be utilized. CLASS REGISTRANT TYPE CLASS FEE WEEKLY $22 per week per camper Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ VI. CITY OF PALM SPRINGS PARKS & RECREATION FEES A City of Palm Springs Annual Recreation Membership is required to participate in Instructor-led classes. City of Palm Springs recreation membership fees are set annually and are subject to change by subsequent City action. Participants are required to have a current membership prior to registration for the Early Eye Opener program. CITY OF PALM SPRINGS RECREATION MEMBERSHIP TYPE ANNUAL FEE Palm Springs Resident Proof of residency required Adult $5 Youth $5 (Ages 4-12) Non-Resident Adult $102 Youth $27 (Ages 4-12) VII. COMMUNITY EVENTS Instructor may be asked to provide skateboarding demonstrations and/or educational sessions at City of Palm Springs Parks & Recreation Department community events and meetings, as requested. Activities may be scheduled up to two (2) times during the term of this Agreement with no additional compensation to the Instructor. VIII. SPECIAL ARRANGEMENTS 1. Instructor is considered to be a subcontractor under the Action Park Alliance, Inc. contract with the City and will only be required to submit to background check and fingerprinting. 2. Campers will be required to supply their own safety gear; Instructor will have skateboards available for temporary use by participants if necessary. Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ EXHIBIT B CITY OF PALM SPRINGS INSURANCE REQUIREMENTS INSURANCE 3.1 Instructor shall procure and maintain, at his/her/their 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, [Initials] 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 [Initials] 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 [Initials] 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 any of said policies of insurance are canceled, Instructor 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 Instructor 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. Instructor agrees that the provisions of this Section 3.1 shall not be construed as limiting in any way the extent to which Instructor may be held responsible for the payment of damages to any persons or property resulting from Instructor’s activities or the activities of any person or persons for which Instructor is otherwise responsible. In the event Instructor subcontracts any portion of the work in compliance with Section 9 of this Agreement, the contract between Instructor and such Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ subcontractor shall require the subcontractor to maintain the same policies of insurance that Instructor is required to maintain pursuant to this Section 3.1. [Example to Follow] Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 Instructor’s Initials: __________________ A X X GL00000000 (Gen. Liability Policy No.) Begin Date E i ti 1,000,000 Date Must be "occurrence" 1,000,000 2,000,000 X Large projects may require higher coverage B X 1,000,000 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. C WC0000000 (Workers Comp. Policy No.) Wi f b di ti i X (See attached endorsements) The certificate holder should be made out to the attention of the Y A City of Palm Springs P.O. Box 2743 Palm Springs, CA 92262 Attn: City Clerk Insurance Certificate Example ACORD CERTIFICATE OF LIABILITY INSURANCE 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. Name of Insurer (Insurance Companies must Name of Insured (Permittee, Contr., Developer*) Name of Insurer have a minimum Best's Rating Address Name of Insurer of B+++ and a Financial Performance Rating of VII.) *As required by permit, agreement, etc. . COVERAGES $1,000,000 general aggregate limit is AL00000000 Begin Expiration (Auto Liability Policy No.) Date Date Begin Expiration 1,000,000 Date Date 1,000,000 1,000,000 ACORD 25-S (7/97) © ACORD CORPORATION 1988 Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 14 Instructor’s initials: 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 2743 Palm Springs, CA 92262 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: D14DC708-DE71-46F3-B1E9-5391B99AC661 55575.18185\43770698.1 15 Instructor’s initials: EXHIBIT C 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. INSTRUCTOR 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: D14DC708-DE71-46F3-B1E9-5391B99AC661 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) N / A SUBR WVD ADDL INSD 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. PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE AGGREGATE OCCUR CLAIMS-MADE DED RETENTION $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 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. Legal Liability to Participants (LLP) limit as a per occurrence limit. Claims by athletic participants are included. Sport(s): BMX (Other), Scooter (Other), Roller Skating (Other), Skateboarding (Other), Inline Skating (Other) Sexual Abuse or Sexual Molestation Liability - $1,000,000 each incident (included above) / $1,000,000 aggregate (included above). 39217 JAH000234 AA-1120157 Y QBE Insurance Corporation 22B06410-1678 Certain Underwriters at Lloyd's of London $1,000,000 $1,000,000 $300,000 Benefit Maximum Deductible Per Claim PERSONAL & ADV INJURY MED EXP (Any one Person) Y info@o2sportsinsurance.com 22B06410-1678 A PRODUCTS-COMP/OP AGG $25,000 $1000 PARTICIPANT LEGAL LIAB. 10/01/2025 12:00 AM 1-855-351-0202 $1,000,000 Kandace Kalin Alliance Skatepark of Palm Springs 405 S. Pavilion Way Palm Springs, CA 92262 GENERAL AGGREGATE A $3,000,000 $1,000,000 B $1,000,000 10/01/2024 A Member of O2 Program Management Inc., Athletic Association EXCLUDING HAWAII Excess Accident Medical 10/01/2024 12:00 AM DAMAGE TO RENTED PREMISES (Ea Occurrence) Y EACH OCCURRENCE City of Palm Springs 3200 E Tahquitz Way Palm Springs, CA 92262 1-855-984-2379 10/01/2025 12:00 AM O2 Sports Insurance 110 E Broward Blvd, Suite 1700 Fort Lauderdale, FL 33301 10/01/2024 12:00 AM 10/01/2024 12:00 AM 10/01/2025 12:00 AM Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661 Includes copyrighted material of Insurance Services Office, Inc., with its permission. HC-GL-40-020 01 17 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – MANAGERS OR LESSORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Entity (Additional Insured): A. Section II – Who Is An Insured is amended to include as an additional insured the person or entity shown in the Schedule, but only with respect to liability arising in that part of the designated premises leased, licensed, or otherwise available to you and subject to the following additional exclusions: 1.This insurance does not apply to any loss, claim, “suit”, cost, expense or liability for damages directly or indirectly based on, attributable to, arising out of, involving, resulting from, or in any way related to: a.Any "occurrence" which takes place prior to your occupancy or after you cease to be a tenant in that premises or; b.Structural conditions, alterations, construction, demolition, maintenance or other operations performed by or on behalf of the person or entity shown in the Schedule. 2.Coverage (including defense) is provided only to the extent that liability is created for an additional insured by the negligent acts, errors, or omissions of the Named Insured. If liability for injury or damage is imposed or sought to be imposed on any additional Insured because of the acts, errors, or omissions of any additional insured or any person or entity under the direction or control of any additional insured, this insurance does not apply. Coverage for an additional insured under this endorsement shall be excess. Any other insurance the additional insured has shall be primary with respect to this insurance. Except as provided herein, all other terms, conditions, provisions, exclusions, and endorsements of this policy remain the same and applicable. Name of Insured: POLICY NUMBER:22B06410-1678 Alliance Skatepark of Palm Springs City of Palm Springs 3200 E Tahquitz Way Palm Springs, CA 92262 Docusign Envelope ID: D14DC708-DE71-46F3-B1E9-5391B99AC661