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HomeMy WebLinkAboutA7174 - PALM SPRINGS UNIFIED SCHOOL DISTRICT - LEASE AGMT YOUTH RM AT LEISURE CTR PSUS Contract#: C-0003393 -7: Fiscal Year.2017-2018 PALM SPRINGS Date:0 612 21201 8 =3 UNIFIED . Y Contract number moat appear on all packages and documents. SCHOOL DISTRICT 150 DISTRICT CENTER DRIVE,PALM SPRINGS,CA 92264 Vendor: 10187 DIR#: Buyer. DEVEN SKIBINSKI CITY OF PALM SPRINGS Phone: (760)883-2710 Fax: ATTN:FINANCE DEPARTMENT Payment Terms:RECEIPT P O BOX 2743 Terms&Conditions:SEE DISTRICT WEB SITE PALM SPRINGS,CA 92263-2743 FOB:DESTINATION FREIGHT PREPAID-TO BE CHARGED Phone: 760-323-8230 Fax:760-322-8320 P.O.Send: Routing:ECE/ACOSTA Deliver on or Before: Bill To: PSUSD FISCAL SERVICES Ship To: EARLY CHILDHOOD EDUCATION 150 DISTRICT CENTER DRIVE SCHOOL READINESS CENTER PALM SPRINGS,CA 92264 150 DISTRICT CENTER DRIVE Fax: PALM SPRINGS,CA 92264 Fax: (760)325-8724 Originators: EVELYN SAENZ(ROO59736) Item Name Total 1. ANNUAL PAYMENT 1.00 Description: ANNUAL PAYMENT FOR USE OF THE SUNRISE PROPERTY FOR PRESCHOOL. PAYMENT SHALL BE ONE DOLLAR($1.00)PER YEAR, DUE ON OR ABOUT AUGUST 1ST OF EACH YEAR. 12-615-6105.0-0000-8700-5600 Note: BOE 08/142018 Total Line Items: 1.00 Discount: .00 Sub-Total: 1.00 Tax: .00 Freight: .00 Order Total: 1.00 Authorized Signature O O O W W W 6129/2018 3:44:36 PM ROx Version 06.31.1507:53:10 galaxy_detauft VENDOR COPY PAGE 1 OF 1 AGREEMENT TO USE FACILITIES No. C-0003393 This Agreement to Use Facilities ("Agreement") is made this R-d y of July, 2018, by and between the City of Palm Springs ("CITY") and Palm Springs Unified School District ("PSUSD") who from time to time herein, shall be referred to individually as "Party" or collectively as "Parties". - The Parties enter into this Agreement on the basis of the following facts and intentions: RECITALS WHEREAS, CITY and PSUSD are mutually interested in and concerned with providing quality recreational facilities and educational programs for the citizens of Palm Springs; and WHEREAS, it is recognized that a cooperative Agreement between CITY and PSUSD will fulfill one of the Parties' shared educational and recreational goals for service to citizens of the community. NOW THEREFORE, CITY and PSUSD do hereby mutually agree as follows: 1. INTENT OF AGREEMENT 1.1 It is the intent of this Agreement to describe the responsibilities of CITY and PSUSD in their cooperative effort to effectively promote and provide educational programs. 1.2 The Parties agree that PSUSD may utilize the room currently identified as the "Youth Room," together with all adjacent outdoor areas within the block wall outside the Youth Room. As of the Effective Date of this Agreement, this room and outdoor area are used for CITY's "Tiny Tots Program." The property consisting of the room and outdoor area is located at Sunrise Park, street address 401 South Pavilion Way, Palm Springs, CA 92262 (the "Property"). 1.3 PSUSD's use of the Property shall be for the sole and exclusive purpose of operation of the Sunrise State Preschool (the"Preschool")during the Term of this Agreement. 1.4 It is the intent of this Agreement to solidify a supportive and working relationship between PSUSD and CITY. 1.5 It is the intent of this Agreement that both CITY and PSUSD acknowledge and direct their efforts toward the development of Preschool programs at the Property. 1.6 The Parties agree that throughout the Term of this Agreement as defined below in Section 9, and during any agreed extension thereafter, PSUSD will guaranty placement of each child enrolled, at any time during the year prior to this Agreement's execution, in the CITY's "Tiny Tots Program" at the Property, admission to and placement in the Preschool, subject to the terms and conditions under which the Preschool operates, for as long a period of time as the child in question is eligible for said placement. 7.30.18 1 1.7 The Parties agree that throughout the Term of this Agreement as defined below in Section 91 and during any agreed extension thereafter, PSUSD will grant Preschool admission and placement priority to children who reside in the CITY, and second priority to children with parents or guardians who work in the CITY, ahead of children with no residence or working parent or guardian in the CITY. 2. AREAS OF RESPONSIBILITY 2.1 Fees and Charles. 2.1.1 PSUSD agrees to make an annual payment to the CITY for its use of the Property for the Preschool, including provision of utility service for the Preschool by the CITY. The payment shall be one dollar ($1.00) per year, due and payable to CITY within ten (10) business days of PSUSD receipt of an annual invoice, to be issued by CITY on or about August 1 of each year of the Term of this Agreement and any extension thereof. 2.1.2 CITY will take all necessary steps to ensure that it receives all billing for electrical service necessary to support Preschool operations at the Property, and will issue prompt and timely payment of same. 2.1.3 CITY will continue to pay for water service in support of the Preschool at the Property. 2.1.4 CITY agrees to provide PSUSD telephone service, keys for building access, and alarm codes, and PSUSD agrees to pay any necessary one time set up costs with respect to access and security. 2.2 Facility Use and Scheduling, 2.2.1 CITY hereby grants a non-exclusive license to PSUSD to the Property for operation of the Preschool program, typically between the hours of 7 a.m. and 4 p.m., Monday through Friday during the school year, in accordance with the terms and conditions set forth in this Agreement. 2.2.2 CITY shall make the parking lot at Sunrise Park available for Preschool operations, on a shared, nonexclusive basis, which does not interfere with CITY's other recreation programs. It is understood that PSUSD shall generally be permitted to utilize the parking lot, within its reasonable discretion, during normal Preschool business hours. However, CITY has and retains sole control and discretion with respect to parking at Sunrise Park, and shall initiate action in a timely manner to cooperate with PSUSD and resolve any scheduling conflicts as to parking matters. CITY shall promptly notify PSUSD in writing when it becomes aware of any event(s)that may prevent or limit PSUSD's use of the parking lot. 2.2.3 During Preschool operations, PSUSD staff may, as it deems necessary and appropriate, bring participants in the Preschool program to locations in Sunrise Park outside the area identified herein as the Property. CITY does not extend any rights, benefits or privileges to PSUSD, PSUSD staff, or to any Preschool program 7.30.1s 2 participant beyond those rights, benefits and privileges enjoyed by the general public with respect to occupation and use of areas of Sunrise Park apart from the Property. 2.2.4 As of the Effective Date of this Agreement, CITY is not aware of any condition at the Property that would prevent PSUSD use of the Property for Preschool operations. As of the Effective Date of this Agreement, CITY had not received any notice of violation of statute, ordinance, regulation, order or determination from any state or federal agency with jurisdiction over CITY and/or the Property regarding any defect in, or condition of the Property that would prevent PSUSD's use of the Property under this Agreement. 2.2.5 Notwithstanding any other provision in this Agreement, CITY shall retain sole responsibility for maintenance and upkeep of each and all of the areas that comprise the Property, including without limitation janitorial service and all of Sunrise Park. 2.3 Teaching Staff. 2.3.1 PSUSD shall have sole and absolute responsibility for the reasonable control and supervision of its staff to operate the Preschool program. 2.3.2 PSUSD shall be responsible for the control and safety of its staff, students and program participants (i) within and throughout the entire Property at all times, and (ii) in any area(s) of Sunrise Park accessed and used in the course and scope of Preschool operations pursuant to Section 2.2.3 above. 2.3.3 It is the responsibility of PSUSD to insure that all members of its teaching and administrative staff are appropriately credentialed according to the laws and regulations of the State of California. 2.3.4 PSUSD shall ensure that any person having supervisory or disciplinary authority over any minor participating in PSUSD's Preschool program is subject to a criminal background screening. 2.3.5 PSUSD must provide CITY with a complete list of its employees and/or volunteers who will have supervisory or disciplinary authority over any minors in the course and scope of Preschool operations ("Authority"). A true and correct list of such employees as of the date of execution of this Agreement is attached hereto as Exhibit "A." PSUSD shall provide a written update and amendment of Exhibit "A" to CITY immediately when PSUSD hires a new employee, or engages a new volunteer with Authority who will be assisting PSUSD with Preschool operations. 3. INSURANCE AND INDEMNIFICATION 3.1 PSUSD 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. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined TX 18 3 single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate. 3.1.2 Worker's Compensation Insurance. A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and shall indemnify, insure and provide legal defense for both PSUSD and the 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 PSUSD in the course of carrying out the work or services contemplated in this Agreement. 3.1.3 Automotive Liability Insurance. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence. Said policy shall include coverage for owned,non-owned, leased and hired vehicles. All of the above policies of insurance shall be primary and shall name the CITY, its officers,employees and agents as additional insureds.The insurer shall waive all rights of its subrogation and contribution it may have against the 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, PSUSD shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 3.1 to the CITY'S Contract Officer. No PSUSD use of the Property for Preschool operations under this Agreement shall commence until PSUSD has provided the CITY with certificates of insurance or appropriate insurance binders evidencing the above insurance coverage and said certificates of insurance or binders are approved by the CITY. PSUSD agrees that the provisions of this Section 3.1 shall not be construed as limiting in any way the extent to which PSUSD may be held responsible for the payment of damages to any persons or property resulting from PSUSD's activities or the activities of any person or persons for which PSUSD is otherwise responsible. In the event PSUSD contracts or subcontracts with any third party in relation to any aspect of Preschool operations, the contract between PSUSD and such contractor or subcontractor shall require the contractor or subcontractor to maintain the same policies of insurance that PSUSD is required to maintain pursuant to this Section 3.1. 3.2 Indemnification. 3.2.1 PSUSD agrees to indemnify and defend CITY, its officers, agents and employees against and will 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 negligent or allegedly negligent performance of services, work, or activities taking place in the course and scope of Preschool operations, by PSUSD, its agents, employees, contractors, subcontractors or invitees, and volunteers provided for herein (the "PSUSD Services"), or arising from the negligent or allegedly negligent performance of, or failure to perform any term, provision, covenant or condition of this Agreement. 7.30.1s 4 3.2.2 For purposes of this Section 3.2, "Preschool operations" include without limitation acts or omissions at the Property or anywhere in Sunrise Park, as well as PSUSD's Preschool administration and/or management,whether at the Property or elsewhere. 3.2.3 PSUSD will promptly pay judgments for which PSUSD is legally liable arising out of or in connection with its duty to indemnify, hold harmless and defend CITY pursuant to Section 3.2.1. 3.2.4 PSUSD's duty to defend pursuant to this Section 3.2 shall include any action or actions filed in connection with any claims or liabilities, and will pay all costs and expenses, including legal costs and attorneys' fees, incurred in connection therewith. 3.2.5. CITY agrees to indemnify PSUSD, its officers, agents and employees against and will hold and save them and each of them harmless from, any and all claims or liabilities that may be asserted or claimed by any persons, firm or entity arising out of or in connection with the negligent maintenance of the Property by the CITY, its agents, employees, contractors, subcontractors or invitees, provided for herein (the "CITY Maintenance"), or arising from the negligent performance of or failure to perform any term,provision, covenant or condition of this Agreement. 3.2.6. CITY will promptly pay any judgments for which CITY is legally liable arising out of or in connection with its duty to indemnify, and hold PSUSD harmless pursuant to Section 3.2.4. 3.3 Sufficiency of Insurer or Surety. Insurance or bonds required by the Agreement shall be satisfactory only if issued by companies qualified to do business in California rated "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 CITY ("Risk Manager") due to unique circumstances. In the event the Risk Manager of CITY determines that the PSUSD Services to be performed under this Agreement create an increased or decreased risk of loss to CITY, PSUSD agrees that the minimum limits of the insurance policies and the performance bond required by this Article 3 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that PSUSD 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 CITY's Risk Manager. 4. WAIVER OF UTILITY FAILURE PSUSD expressly waives any right to seek compensation or damages regarding any and all claims and liabilities in the event that any utility system related to the Property stops working. CITY will make every reasonable effort to ensure all utility services work properly throughout the Term of this Agreement and any extension thereof, and shall act promptly to repair any damage or malfunctioning utility. PSUSD is not responsible for the repair of any utility at the Property. 7.30.18 5 5. ENFORCEMENT OF AGREEMENT 5.1 California Law, Palm Springs Venue. 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 State of California, County of Riverside, Palm Springs Courthouse, and PSUSD 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 parry 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 injured party; provided that if the default is an immediate danger to the health, safety and general welfare of the public or any person, such immediate action may be necessary. Compliance with the provisions of this section 5.2 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 action or omission that prompted the dispute is not cured, provided that nothing herein shall limit CITY's or PSUSD's right to terminate this Agreement without cause pursuant to Section 5.6. 5.3 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 parry'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 or any other provision of this Agreement. 5.4 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 time, of any other rights or remedies for the same default or any other default by the other Parry. 5.5 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 any 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 purpose of this Agreement. 5.6 Termination Prior to Expiration of Term without Cause. This section 5.6 shall govern any termination of this Agreement. CITY reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days' written notice to PSUSD, except that where termination is due to the fault of PSUSD, the period of 7.30.18 6 notice may be such shorter time as may be determined by the Contract Officer. In addition, PSUSD reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) 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 PSUSD may determine. If either party determines that the period of notice of termination should be shorter than sixty (60) days,the terminating party shall notify the other party of its intent to terminate, the date of termination and the reasons for termination. The parties shall meet in good faith during the termination period to attempt to resolve the issues giving rise to the termination. 5.7 Attorneys' 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 which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal. In addition, a Party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions 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 employees of CITY shall be personally liable to PSUSD or any successor in interest in the event of any default or breach by CITY or for any amount that may become due to PSUSD or to its successor or for breach of any obligation of the terms of this Agreement. 6.2 Non-liability of PSUSD Officers and Employees. No officer or employees of PSUSD shall be personally liable to CITY or any successor in interest in the event of any default or breach by PSUSD 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 either of the Parties 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/she is directly or indirectly interested, in violation of any state statute or regulation. Each Party warrants that it has not paid or given and will not pay or give any third parry any money or other consideration for obtaining this Agreement. 6.4 Covenant against Discrimination. In connection with its performance under this Agreement, Contractor 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 7,30.18 7 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 parry or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail, in the case of CITY, to the Director of Parks and Recreation, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and, in the case of PSUSD, to the Assistant Superintendent of Business Services, Palm Springs Unified School District, 150 District Center Drive, Palm Springs, CA 92264. 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 Parry 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 previous negotiations, arrangements, agreements and understandings, if any, between the parties and none 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 this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basis benefit of their bargain or renders this Agreement meaningless. 7.5 Corporate Authority_ Each of the persons executing this Agreement on behalf of the Parties hereto warrants that (i) the Party on behalf of which he/she signs this Agreement is duly organized and existing, (ii) he/she is duly authorized to execute and 7.30.18 8 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 that (iv) entry 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 PSUSD. The following principal of PSUSD is hereby designated as being the principal and representative of PSUSD, authorized to act in its behalf with respect to the PSUSD Services specified herein and make all decision in connection therewith: Palm Springs Unified School District Assistant Superintendent of Educational Services 150 District Center Drive Palm Springs, CA 92264 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal were a substantial inducement for CITY to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the Term of this Agreement for directing all activities of PSUSD and devoting sufficient time to personally supervise the uses hereunder. However, if, through the course of this contract,the representatives of PSUSD change, written notice of such change shall be submitted to CITY. A change in representatives shall not represent a change in the intent or direction of the contractual agreement between CITY and PSUSD. 8.2 CITY Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of CITY. CITY shall provide written notification to PSUSD of the identity and contact information of the Contract Officer before this Agreement commences. It shall be PSUSD's responsibility to assure that the Contract Officer is made by CITY to the Contract Officer. Unless otherwise specified herein,any approval of CITY required hereunder shall need the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of CITY required hereunder to carry out the terms of this Agreement. 9. EFFECTIVE DATE AND TERM Unless earlier terminated in accordance with Section 5.6 of this Agreement, this Agreement shall continue in full force and effect for a term of one year beginning July 23, 2018 (the "Effective Date") and ending July 31, 2019 (the "Term"). CITY's City Council will consider whether to extend this Agreement prior to the end of the Term. If the Parties agree to extend the Term of this Agreement after July 31, 2019, this Agreement shall continue on a year to year basis commencing on August 1, 2019. 7.30.18 9 This Agreement is executed by the duly authorized representatives of CITY and PSUSD as of the date first written above. "CITY" "PSUSD" CITY OF PALM SPRINGS PALM SPRINGS UNIFIED SCHOOL DISTRICT Signature• Signature: e � G Brian J. Murray, Ed.D. Title: ^� Title: Assist. Supt., Business Services Date: T -�� Date: �!�Y-16 APPROMSyCryy000NCIL ST. C Clerk 7.30.18 10 EXHIBIT "A" Insert PSUSD Personnel List Not determined at this time. An amendment will be issued when determination is made. 7.30.18 I I Southern California ReLIEF CERTIFICATE OF COVERAGE IBSMe D,te Protected Insurance Program for Schools 10/26/2018 ADMINISTRATOR: LICENSE# 0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Keenan &Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 4204 Riverwalk Parkway Suite 400 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE Riverside, CA 92505 AFFORDED BY THE COVERAGE DOCUMENTS BELOW. ENTITIES AFFORDING COVERAGE: 951-715-0190 www.keenan.com ENTITY A. Southern California RELIEF COVERED PARTY: ENTITY Protected Insurance Program for Schools Palm Springs Unified School District 150 District Center Drive ENTITY C. Palm Springs CA 92264 ENTITY o ENTITY E THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE 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 COVERAGE AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS. MEMBER ENT TYPE OF COVERAGE COVERAGE EFFECTIVE/ RETAINED LIMIT LIMITS LTR DOCUMENTS EXPIRATION DATE /DEDUCTIBLE A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE [�GENERAL LIABILITY"♦♦ SCR 001905-12 7/1/2018 $ 50,000 $ 1,000,000 [ }}CLAIMS MADE tV/OCCURRENCE [VI GOVERNMENT CODES 7/1/2019 [�11 ERRORS&OMISSIONS A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE /ANY AUTO SCR 001905-12 7/1/2018 $ 50,000 s 1,000,000 HIRED AUTO 7/1/2019 [ NON-OWNEDAUTO [ GARAGE LIABILITY [ AUTO PHYSICAL DAMAGE A PROPERTY SCR 001905-12 7/1/2018 $ 5,000 $ 250,250,000 [✓I ALL RISK 7/1/2019 EACH OCCURRENCE EXCLUDES EARTHQUAKE&FLOOD [ ]BUILDERS RISK A STUDENT PROFESSIONAL LIABILITY SCR001905-12 7/1/2018 $ 50,000 s Included 7/1/2019 EACH OCCURRENCE B 711KERS COMPENSATION ( I WC STATUTORY LIMITS [,I OTHER Y/ EMPLOYERS LIABILITY PIPS 00129-15 7/1/2018 $ 7/1/2019 $ 1,000,000 E.L.EACH ACCIDENT EXCESS WORKERS COMPENSATION $ 1,000,000 [ I EMPLOYERS'LIABILITY $ E.L.DISEASE-EACH EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMITS OTHER $ S DESCRIPTION OF OPERATIONSILOCATIONWEHICLES/RESTRI MNSISPECML PROVISIONS: Agreement to use facilities No.C-0003393,"Youth Room"and outdoor area located at Sunrise Park 401 South Pavilion Way, Palm Springs,CA 92262 for the Tiny Tots Program. $2,000,000 as requested by agreement. CERTIFICATE HOLDER: Tiny Tots Program CANCELLATION......SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELED B F RE THE EXPIRATION DATE THEREOF,THE ISSUING ENTITY/JPA CI of Palm Springs WILL��NY9 MAIL 3 Y TI T THE CERTIF CATE Director of Parks and Recreation �iacxbB�VZ£ ii �LVM ���K P.O. Box 2743 X241SN1C9tffiitll�lYNd7A1fWk1S. Palm Springs CA 92262 John Stephens AUTHORIZED REPRESENTATIVE nsoee923 1 CALnseeo I Lens svPex Pool w:coo I Brenda Oliver I Lo,zerzo Le 3:4ea8 em I�oml I ease I of DISCLAIMER The Certificate of Coverage on the reverse side of this form does not constitute a contract between the issuing entity(ies),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the coverage documents listed thereon. 45090923 1 PFLMSPRU 118.'19 Super Pool w/Find 10rerda Oliver 110;26i201R 3:98:58 Pol IPOPI I Page 2 of 3 ENDORSEMENT ADDITIONAL COVERED PARTY COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR Palm Springs Unified School District SCR 001905-12 Keenan & Associates Subject to all its terms, conditions, exclusions, and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under"as respects" below. Additional Covered Party- City of Palm Springs Director of Parks and Recreation P.O.Box 2743 Palm Springs CA 92262 As RpspActs- Agreement to use facilities No. C-0003393, "Youth Room" and outdoor area located at Sunrise Park 401 South Pavilion Way, Palm Springs, CA 92262 for the Tiny Tots Program. $2,000,000 as requested by agreement. The City, its officers, employees and agents are listed as additional covered parties. This coverage shall be primary to the certificate holder's coverage as respects to the actions and activities of the Covered Party due to their sole negligence. Authorized Representative Issue Date: 1 012 6/2 01 8 45092923 1 PALMSPRU I LB/19 Super Poel W/Bna I arena Oliver 110/26/2018 3:48,58 PM (Pol I Page 3 of 3 Southern California ReLiEF CERTIFICATE OF COVERAGE laauaDate6/29/2022 Protected Insurance Program for Schools ADMINISTRATOR: LICENSE a 0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Keenan & Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 4204 Riverwalk Parkway Suite 400 DOES NOT AMEND. EXTEND OOS ALTERBELOTHE COVERAGE CERTIFICAAFFORDED Riverside, CA 92505 BY THE COVERAGE UC 77����4?, D ENTITIES AFFORDING COVERAGE: 951 'YTS ENTHYA Southern California ReLiEF ENTlrv9: Protected Insurance Program for Schools COVERED PARTY: JUL 112022 Palm Springs Unified School District 150 District Center Drive ENTITY C: Palm Springs CA 92264 Office of the City Clerk ENTITY ENTITY E: THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS. MEMBER ENT TYPE OF COVERAGE COVERAGE DOCUMENTS EFFECTIVE/ EXPIRATION DATE RETAINED LIMIT /DEDUCTIBLE LIMITS A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE I VIGENERAL LIABILITY MAOE OCCURRENCE SCR 001905-16 7/1/2022 $ 50,000 $ 1.000,000 I }CLAIMS I +}GOVERNMENT CODES 7/1/2023 I ✓1 ERRORS a OMISSIONS 1 I A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE I ANY ALTO SCR001905-16 7/1/2022 $ 50,000 s 1,000,000 t HIRED AUTO I NON-0WNED AUTO 7/1/2023 1 GARAGE LIABILITY [ AUTO PHYSICAL DAMAGE A PROPERTY SCR 001905-16 7/1/2022 a 10,1300 s 500,250,000 1 ALL RISK 1 EXCLUDES EARTHQUAKE S FLOOD 7/1/2023 EACH OCCURRENCE 1 I BUILDERS RISK A STUDENT PROFESSIONAL LIABILITY SCR001905-16 7/1/2022 $ 50,000 s Included 7/1/2023 EACH OCCURRENCE B WORKERS COMPENSATION [ I WC STATUTORY LIMITS IOTHER I EMPLOYERS' LIABILITY PIPS00129-19 7/1/2022 $ 7/1/2023 $ 1.000,000 E.L. EACH ACCIDENT $ 1,000,000 EXCESS WORKERS COMPENSATION I I EMPLOYERS' LIABILITY $ E.L. DISEASE - EACH EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMITS OTHER $ E DESCRIPTION OF OPERAT*NSILOCATIONSIVEHICLESIRESTRK:TKINSISPECIAL PROVISIONS: For use of City of Palm Springs' Sunrise Park facilities by Palm Springs Unified School District for the agreement period of August 1, 2021 through July 31. 2022. This coverage shall be primary to the certificate holder's coverage as respects to the actions and activities of the of the Covered Party due to their sole negligence. The Covered Party, waives their rights to subrogation, as Specified in the agreement between the Covered Party and Certificate Holder, subject to the terms and Conditions of the MOC. $2,000,000 General Aggregate applies as requested per contract. CERTIFICATE HOLDER: Use Of Sunrise Park Fa0111he5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS P.O. Box 2743 Palm Springs, CA 92262 John Stephens AUTHORED REPRESENTATIVE 69017671 1 PALMS PRU 1 22123 Supev Pool JEnd I Halliona Bacon 1 6/29/2022 4:06:41 PM ,POT) I Page 1 of 4 A7 � 7a DISCLAIMER The Certificate of Coverage on the reverse side of this form does not constitute a contract between the issuing entity(ies), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the coverage documents listed thereon. Kor line.. -. _1vo 1 1 PALMS PRU 1 22/2S Super Pool M/End I Hal l iona Bacon 1 6/29/2022 4:06N1 PM RM) I Page 2 of 4 ENDORSEMENT ADDITIONAL COVERED PARTY COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR Palm Springs Unified School District SCR 001905-16 Keenan & Associates Subject to all its terms, conditions, exclusions, and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under "as respects' below. Additional Covered Party* City of Palm Spnngs Attn: City Clerk P.O. Box 2743 Palm Springs, CA 92262 For use of City of Palm Springs' Sunrise Park facilities by Palm Springs Unified School District for the agreement period of August I, 2021 through July 31, 2022. This coverage shall be primary to the certificate holder's coverage as respects to the actions and activities of the of the Covered Party due to their sole negligence. The Covered Party waives their rights to subrogation, as specified in the agreement between the Covered Party and Certificate Holder, subject to the terms and conditions of the MCC. $2,000,000 General Aggregate applies as requested per contract. The City of Palm Springs, its officers, employees and agents are listed as additional covered parties. 5 Authorized Representative Issue Date: 6/29/2022 69017671 1 PA PE0 1 22123 Snpac Pool r/End I Halliona Bacon 1 6/29/2022 4:06:41 PH (PW) I Page 3 of 4 PIPS PIPS Waiver of Our Right to Recover From Others Endorsement Covered Party Endorsement Number Riverside Schools Risk (Mmagement Autho/Palm Springs Unified School Dist Memorandum of Coverage # Memorandum of Coverage Period Effective Date of Endorsement PIPSOO11918 1 7/1/3031--/17/1/2031 11:01AAI Issued By (Name of Entity) Protected Insurance Program for Schools Workers' Compensation and Employers' Liability Policy This endorsement applies only to the coverage provided by the Memorandum of Coverage. We have the right to recover our payments from anyone liable for an injury covered by this Memorandum of Coverage. We will not enforce our right against the person or organization name in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. Schedule Specific Waiver - Name of Penton or Organization: City of Palm Springs P.O. Box 2743 Palm Springs, CA 92262 Operations: For use of City of Palm Springs' Sunrise Park facilities by Palm Springs Unified School District for the agreement period of August 1, 2021 through July 31, 2022. Contribution: There is no contribution charged for this endorsement. Authorized Agent A Keenan License #U451271 Confidential Client Use erdy 69011671 1 FA SPRU 1 22/23 Super Pool a/End I Hellions aecon 1 6/29/2022 4:06:41 M (PDT) I Page 4 or 4 Keenan & Associates 4204 Riwrwalk Parkway Suite 400 Riverside, CA 92505 City of Palm Springs Attn: City Clerk P.O. Box 2743 Palm Springs, CA 92262 MAIL DOCUMENT MAIL Dr lnsumncc DOCUMENT ecerlMnhne'^' Sender: Halliona Bacon Phone: 951-715-0190 Subject: Cert No. 69017671 - 2022123 Certificate Renewal Date: 6/29/2022 No. of Pages: 5 URL: www.keenan.com Attached please find renewal certificate for the 2022-23 Program Year. If you no longer require a certificate, please write on the Certificate "PLEASE CAN CEL/DELETE" and email back to my attention at hbacon@keenan.com and I will update the Certificate Schedule and remove the Certificate. This document was created by eCertsONLINE The attached document(s) contain certification of insurance coverage for the insured named in the subject above. Your company Is listed as the organization requesting receipt of these documents. If this document is sent via e-mail, you must click on the attached PDF document. The document is in a pelf format, and you must have Adobe Acrobat Reader installed on your system. To download the Adobe Reader for free, visit www.Adobe.com. If you have any questions regarding the content of this message, you should contact the Producer/ Agency listed on the attached/linked documents. THIS MESSAGE IS INTENDED FOR THE USE OF THE INDMDUPI OR ENTITY TO WHICH IT IS ADDRESSED ANO MAY CONTWN INFORMATION THAT IS FRIVLEGED. CONFDENTAIL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THEREADER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE ORAGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE IMENOED RECIPIENT, YW ME HEREBYNODDEO TIUT M'Y DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMEDIATELY BYTELEPHONE, AND RETURN THE ORIGIWL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR FOSTII Sfft E Certificate of Insurance Delivered by ecertsonline- Insurance Visions, Inc. Al rights reserved.