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HomeMy WebLinkAbout06136 - PLANTIN SEEDS PROGRAM FACILITY USE AGR AT 3601 E MESQUITE AVE FACILITY USE AGREEMENT (Plantin' Seeds Program) This Facility Use Agreement ("Agreement") is made and entered into this � day of — k . ,201_L_,by and between the City of Palm Springs("City")and Plantin' Seeds Pro am("PSP"),a sole proprietorship concerning the use of the Demuth Community Center ("Facility"). RECITALS WHEREAS, the City and PSP are mutually interested in providing needed amenities and community services to all residents of Palm Springs; and WHEREAS,through this agreement,PSP will be afforded the opportunity,on the same basis as other lawful users, to provide services, including sports and recreation classes desired by the community; and WHEREAS,PSP desires to enter into this Agreement to obtain access and use of the Facility, which is located at 3601 East Mesquite Avenue in Palm Springs,California,according to the terms and conditions stated herein. NOW,THEREFORE,the City and PSP do hereby mutually agree as follows: AGREEMENT 1. TERM AND RENEWAL. I.I. Term. This Agreement shall be in full force and effect for a period of one(1)year, beginning July 1, 2011 and ending June 30, 2012. City Manager and PSP may renew this Agreement for two (2) additional one (1) year terms, under the same terms and conditions stated herein,except for any changes such as fees and charges for the use of certain facilities as specified in Section 2. 1.2. Termination. City and PSP may terminate this Agreement at any time, with or without cause,upon thirty(30) days' written notice to PSP. Nothing shall prohibit termination at less than thirty(30)days'written notice upon any material breach of this Agreement. 2. FACILITY USE. 2.1. Facility Use. City grants PSP the use of the Gymnasium, Office, Large and Small multi-purpose rooms, Arts & Humanities Room, Inner Lobby and the Kitchen, as identified in Exhibit "B", and subject to the rules and regulations outlined in Exhibit"A". The Facility, and the areas to be used by PSP,are more specifically described in the attached Exhibit"B"and incorporated herein by reference. 2.2. Scheduling of Use. PSP may use the Facility in accordance with Section 1.1 only during the times specified in the Schedule, attached as Exhibit "C" and incorporated herein by reference. The City may, in its sole discretion, alter the Schedule in order to maximize use of the 1 772564.1 ORIGIIVaL BiD ANWOR AGREEMENT Facility for all users. PSP is an after-school,off-track,and summer camp program for children ages 5-14 with activities that include sports,visual and performing arts,drama,music,writing,arts and crafts, and science. Current activities, program schedule and program description is attached as Exhibit"C". 2.3. Fees and Charges for Facility Use. PSP agrees to pay City One Thousand Two Hundred Dollars($1,200.00)monthly,on or before the fifth of every month,for use of the Facility from July through December 2011. Effective January 1,2012 PSP agrees to pay City One Thousand Three Hundred Fifty Dollars ($1,350.00) monthly through the end of the initial lease term. PSP agrees to pay City One Thousand Five Hundred Dollars($1,500.00)monthly at the end of the first year upon exercising the option to renew this Agreement. An additional late charge of$35 shall be due on all payments received after the fifth of every month. 2.4. Storage of Personal Property. PSP will be allowed non-exclusive use of west storage closet located in the gymnasium for the purpose of storing sports equipment,as depicted in Exhibit "B" 2.5. Mailbox. City permits PSP's use of a designated mail slot/inbox at the front reception counter area of the Facility. 2.6. Utilities. PSP is responsible for establishing telephone lines, in separate accounts from the City, and is responsible for payment of monthly accounts related to these services. All other utilities shall be provided by the City. PSP 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 PSP functions. 2.7 Improvements. Should PSP desire any improvements at the facilities referenced above,PSP shall provide City advanced written notice of such improvements,including the proposed scope of work,and obtain City's written approval prior to any commencement of work. PSP shall be solely responsible for any tenant improvements at the facilities,and represents and warrants that all improvements by PSP or PSP's contractors shall comply with all applicable local,state,and federal law, including zoning and building codes and any applicable business licenses. Proof of insurance covering the proposed work in favor of the City,to the satisfaction of the City,must be presented to City prior to the commencement of any work. PSP is personally responsible for the cost of any proposed improvements. If PSP commences improvements without complying with the procedures outlined herein, the City may declare a material breach of this Agreement and terminate the Agreement immediately without any penalty. In addition, upon expiration or termination of this Agreement for any reason,PSP releases all claims to any improvements at the facilities and permits the City to retain or remove any improvements and recover any such costs from PSP. 3. SECURITY AND BACKGROUND CHECKS. 3.1. Background Checks. Any person having supervisory or disciplinary authority over any minor is required to obtain a criminal background screening in accordance with the procedures outlined in California Public Resources Code Section 5164. Such persons shall be disclosed in the attached Exhibit"D". Copies of all criminal background checks shall be made available to the City upon request. 772564.1 2 3.1.1. Solemental Questions. Each employee or volunteer having supervisory or disciplinary authority over any minor must complete the supplemental questions attached as Exhibit "E" and incorporated herein by reference. 3.1.2. Submission and Fingerprints. PSP must submit a completed copy of Exhibit "E" to the City and arrange for the fingerprinting of each employee and volunteer before this Agreement may be executed by the City. During the first year that the City requires the background screening for a particular individual,the screening shall include screening by the federal government. All subsequent years that the City requires a background check on that same individual, the screening need only be performed by the state government. 4. INSURANCE. 4.1. Minimum Insurance. PSP 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: 4.L I. Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in an amount not less than Two Million Dollars ($2,000,000.00) in aggregate. Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better. 4.1.2. Workers' Compensation Insurance.To the extent required by Labor Code § 3700, PSP shall procure and maintain workers' compensation insurance in the amount and to the extent required by law. 4.2. Proof of Insurance.Proof of the insurance required under Section 4 shall be provided to City prior to the execution of this Agreement. 4.3. Primary Insurance. PSP's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials,officers,employees,agents,and volunteers shall be in excess of PSP's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4.4. Endorsements.PSP shall obtain an Additional Insured Endorsement designating the City, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of this Agreement. All endorsements shall reference that PSP's insurance shall be primary and non-contributory, as outlined in Section 4.3. 4.5. Deductible. Any deductibles or self-insured retentions must be declared to and approved by the City prior to the commencement of this Agreement. At the option of the City,either (1)the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City,its elected officials,officers,employees,agents,and volunteers;or(2)PSP shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self- insured retention under the policy. PSP guarantees payment of all deductibles and self-insured 772564.1 3 retentions. 4.6. Amendment of Insurance Policy. PSP shall n t amend,or allow to be amended,any insurance policy under this Agreement if such amendmen is not consistent with the minimum insurance requirements contained herein. Such amendment ithout the consent of the City shall be considered a material breach of this Agreement and City may immediately terminate this Agreement upon such occurrence. 4.7. No Cancellation of Insurance Policy. PSP sh 1 not cancel,or allow to be cancelled, any insurance policy required under this Agreement. If said licies of insurance are cancelled,PSP shall, prior to the cancellation date, immediately obtain new insurance consistent with the requirements of this Agreement and immediately submit evidence of such insurance to the City. 4.8. Failure to Obtain Valid Insurance During Use of the Facility. If PSP is not minimally insured,as required under Section 4,PSP shall be considere I in material breach of this Agreement and City may immediately terminate this Agreement. 4.9. No Limitation. The provisions of this Sectio 4 shall not be construed as limiting in any way the extent to which PSP may be held responsible for the payment of damages to any persons or property resulting from PSP's activities or the activities o any person or persons for which PSP is otherwise responsible. 5. INDEMNIFICATION AND DEFENSE. 5.1. Indemnification. PSP agrees to indemnify th City,its officers,agents and employees against, and shall hold and save each of them harmless fr m, any and all actions, suits, claims, damages to persons or property, including injury or death o any person, losses, costs, penalties, obligations,errors,omissions or liabilities(herein"Claims")that maybe asserted or claimed by any persons, firm or entity arising out of or related to this A ent or PSP activities at the Facility, except to the extent that the Claim arises from the sole negli ence or willful misconduct of the City, its officers, agents or employees. 5.2. Defense. PSP agrees to defend,with counsel cceptable to City,the City,its officers, agents and employees against any Claims that may be ass ed or claimed by any persons, firm or entity arising out of or related to this Agreement or PSP acti 'ties at the Facility,except to the extent that the Claim arises from the sole negligence or willful mis nduct of the City,its officers,agents or employees. 5.3. Costs Associated with Indemnification and efense. PSP shall be responsible for all costs incurred by the City that are associated with the ind 'fication or defense of City by PSP, including any costs associated with the use of City reso s, including lost time by employees, expended in furtherance of the indemnification or defense. 6. GENERAL PROVISIONS. 6.1. Notice. All notices,demands and requests w `ch maybe given or which are required to be given by any party to this Agreement,and any exerci of a right of termination provided by this Agreement, shall be in writing and shall be deemed eff ctive either: (1)on the date personally delivered to the address below, as evidenced by written re4 cipt therefore, whether or not actually 772564.1 4 received by the person to whom addressed; (2) on the third(3rd)business day after being sent,by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below;(3)on the first(1 st)business day after being deposited into the custody of a nationally recognized overnight delivery service(i.e.,FedEx Corporation,UPS,or DHL)addressed to such party at the address specified below; or (4) on the business day sent via facsimile transmission to the facsimile numbers below, as evidenced by a printed confirmation of the successful electronic transmission of the message prior to 2:00 p.m. (Pacific Standard Time), or otherwise delivery shall be considered to be on the following business day. For purposes of this section, the addresses of the parties for all notices are as follows: 6.1.1. Citv- City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8299 6.1.2. PSP. Roman G. Pellum Plantin' Seeds Program 523 Sunview Avenue Palm Springs,CA 92262 (760)409-9639 PSP shall be responsible for notifying the City, in writing, of any changes in PSP's address. 6.2. 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 PSP covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 6.3. 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 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 or any other provision of this Agreement. 6.4. 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 times, of any other rights or remedies for the same default or any other default by the other party. 772564.1 5 6.5. 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 purposes of this Agreement. 6.6. 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 that maybe 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 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. 6.7. Non-Liability of City Officers and Employees. No officer or employee of the City shall be personally liable to PSP,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 PSP or to its successor, or for breach of any obligation of the terms of this Agreement. 6.8. Conflict of Interest. No officer or employee of the City shall have any financial interest,direct or indirect,in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement that affects his 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.PSP warrants that it has not paid or given and shall not pay or give any third party any money or other consideration for obtaining this Agreement. 6.9. Covenant Against Discrimination. PSP covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through it,that,to the extent permitted by law, there shall be no discrimination against or segregation of any person or group ofpersons on account of race,color,creed,religion,gender,marital status,sexual preference,domestic partnership status, national origin or ancestry in the performance of this Agreement. 6.10. Compliance with Governing Law. PSP shall comply with all applicable laws,codes, ordinances and regulations of the federal, state, and local government. 6.11. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. 6.12. Modification. This Agreement maybe amended at anytime by the mutual consent of the parties by an instrument in writing. 6.13. Severability. hi 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 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 so material that this invalidity deprives either party of the 772564.1 6 basic benefit of their bargain or renders this Agreement meaningless. 6.14. Successors. The terms and conditions contained herein shall be binding on and inure to the parties to this Agreement,their administrators,representatives,successors and assigns,except as otherwise provided in this Agreement. 6.15. AssigA ent. PSP may not assign or transfer its interest under this Agreement without City's prior written consent,which consent maybe withheld, conditioned or delayed in City's sole and absolute discretion. Any attempted assignment, sublet or transfer made in violation of this provision shall be void. 6.16. Venue. Any action at law or in equity brought by either party to this Agreement regarding the subject matter of this Agreement shall be filed in the Superior Court of the State of California for the County of Riverside, Indio Branch. 6.17. Headings. The headings used in this Agreement are employed solely for convenience of the parties and are not to be used as an aid in interpretation. 6.18. Relationship. Nothing contained in this Lease shall be construed as creating the relationship of principal and agent or of partnership or joint venture between City and PSP. 6.19. Authority to Enter into Agreement.The persons executing this Agreement on behalf of PSP warrants that they are duly authorized to execute and deliver this Agreement on behalf of said party, and by so executing this Agreement, such party is formally bound to the provisions of this Agreement. 6.20. Counterparts and Facsimiles. This Agreement may be executed in any number of counterparts,each of which shall be deemed an original and all of which shall constitute one and the same instrument. Any facsimile of the original shall be treated as an original. The party submitting any facsimile must submit a copy of the original to the other Party within a reasonable time after the transmission of the facsimile. 6.21. Entire Agreement. This Agreement constitutes the entire Agreement between City and PSP. There are no oral agreements between the parties hereto affecting this Agreement. 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. [SIGNATURES TO FOLLOW] 772564.1 7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below. L` CITY OF PALM SPRINGS Date: ®' �( David H.Ready,C' er ATTESTED: Oes Date: 08[pytot ) Thompson, City Clerk 41as S TOaFO Date: d 2 � lland, City Attorney ZP7PS GRAM Date: zo 1( Roman G. Pell o am Director Tax ID No. IfPSP is a corporation, a Corporate Resolution and/or Corporate Seal is required. If a partnership, Statement of Partnership must be submitted to City. APPROVED BY CITY MANAGER 772564.1 8 EXHE3rr "A" (RULES AND REGULATIONS) 1. PSP shall require users of the kitchen to clean up after themselves and maintain the kitchen in a clean condition. The City reserves the right to revoke access to the kitchen at its sole discretion 2. PSP is responsible for maintaining the security of attendees and parked vehicles at the Facility through its own efforts,within the scope of PSP's use of the Facility or any portion thereof. 3. All of PSP's refuse and rubbish shall be removed on a regular basis at PSP's sole cost and expense. PSP shall not place any rubbish or other matter outside any building within the Facility, except in such containers as are authorized from time to time by the City. 4. No radio or television or other similar device audible outside the facility shall be installed without obtaining in each instance the written consent of the City. No aerial shall be erected on the roof, exterior walls or grounds of the Facility without first obtaining in each instance the written consent of the City which consent shall not be unreasonably withheld or delayed. Any aerial so installed without such written consent shall be subject to removal without notice at any time. 5. No loudspeakers,televisions,phonographs,radios or other devices shall be used in a manner so as to be heard or seen outside of the Facility without complying with the provisions of the City's Noise Ordinance. 6. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 7. PSP will not allow animals, except seeing-eye dogs, in, about or upon the Facility. 772564.1 r1aop. -, I a>J 6U , Sh.ff� ; d� o £ DaslaetWl Gymnasium Girls Bethrar 'si. MaNia1 hib 3pz.1 ^- Omen $ecG.. SI'Pn�2f3ecG. Y 4t e tkserl , xDIMMP dnh�' SKA �Ouoc e^sa r.A" e a s �ettjv re.oi) km«Lobby �(�f sct edv te) w 9ay'r Bmhro . 8lo�m M1 Ga C 1.. L�/soheA ls} I C Main a« CiLobby . ., LargeMM- . Roost .. cfCr sG ezll.i(.4) QU Trnc..l5 Woo i .. ShW Off n h EXHIBIT "C" (SCHEDULE) Monday through Friday After School 3:30 p.m to 6:00 p.m. Summer and Off Track Months 7:30 a.m. to 6:00 p.m. PLANTIN' SEEDS PROGRAM ACTIVITIES/DESCRIPTION OF PROGRAM • Activities and projects based on children's interests, strengths and needs. • Well equipped, safe, enriched, home-like environments. • Visual and performing arts, drama and music, writing, arts & crafts, science and sports. • Time for children to complete their homework with support. • A welcome place for families and all children, respecting their home language, cultural values and traditions. 772564.1 _ Youth Sports Training was developed with the kids in mind. Its mission is to educate parents to help them make better decisions for their children's fitness, and give youth the skills and training tools that will help them perform at a higher, healthier level. Competitive youth sports have become a major part of American society. Little League Football , Baseball,basketball games are televised across the nation, basketball players are being recruited in middle school, and many youth coaches have full-time jobs coaching club teams. When children are in charge their own play time, it is very often spent on video games that provide little or no physical activity. This trend is not going change anytime soon, which is why a large emphasis is placed on youth training. Despite the positives this trend offers, it also has some negatives such as injuries due to overuse and burnout. Given the physical demands of youth sports, my objective is to teach youth to train properly and play smart, and improve the ability of parents to successfully introduce children to or continue successfully on the road of youth fitness and youth sports. Youth Training(Ages 5-14) The youth training is specifically designed for children ages 5 to 14. The instruction involves safe, effective, low-impact exercises that have been developed since 1996. The basis of activities center around(Speed, Power, Agility, Reaction, Quickness)techniques. While drills and games are fairly simple, the skills young athletes will develop by doing these drills are not very different from the basic movement skills elite athletes use to achieve superior performance. Young Adult Training The young adult program is more advanced than the youth program in many ways. Rather than focus on the fun part of getting in shape, this program is designed to take your fitness to a higher level using weights, machines, Powerballs, balance boards,bungee cords, and many other types of equipment. Routines become much more challenging and eating habits and lifestyles are also a point of focus. Summer Boot Camp This program is the most intense training offered. Training 4-5 days a week, the exercises are very challenging and designed to bring excellent results within three months. Plantin' Seeds Summer Schedule 2011 Daily Schedule 7:30am: Open — Demuth Community Center Open — Swim Center (Separate Registration Fee Required*) 8:30am: Wake up Workout/Free Play/Group Play 9:30am: Group Play (Basketball, Kickball, Dodgeball, Softball) 10:30 am: Snack Time 10:45am: Training 11:30am: Hip Hop Warm Up/ Hula Hoops/ Youth Yoga 12:30 pm: LUNCH 1 :30 pm: Art Crafts (Quiet time, Reading, Drawing, Coloring) 2:30 pm: Flex Workout 3:30 pm: Singing, Acting, Dancing (Youth to put on a play) 4:30 pm: Free Play 5:30 pm: Free play 6:00 pm: Pick up *Tuesdays — Boomers: 11:00 a.m. — 1:00 p.m. - Miniature Golf (Lunch -1:30 pm) **Thursdays — Palm Springs Lanes: 11:00 a.m. — 1:00 p.m. — Bowling (Lunch — 1:30 pm) EXHIBIT "D" (SUPERVISORY EMPLOYEES) 1. Roman G. Pellum 2. Stephanni Williamson 3. Kevin McGuire 4. Shannon Estrin 5. Shaquim Pellum 772564.1 EXHIBIT "E" (SUPPLEMENTAL QUESTIONS) ROMAN PELLUM SUPPLEMENTAL QUESTIONNAIRE Pursuant to California Public Pmovrees Code§5164,this formmiat be completed by all applicants for Positions invnlvingsupervisory or disciplinary authority over any minor. Ya NO 1. Have you ever been convicted ofsexual assault or assault with intent to commit mayhem? ❑ Pff 2. Have you ever been convicted or milawful sexual hAwcourse with aperson under age I87 ❑ Z( 3. Have you ever been convictedofrape2 ❑ i0 4: Have you ever been convicted ofthe 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? 17 7. Have you ever been convicted of corporal punishment or h jury to a chill? ❑ 8. Have you over been convicted or willful infliction of cotporbi injury to a spouse,former ❑ IvJJ -spouse,cohabitant,or mother or fhther ofyour child? 9. have you ever been convicted of any sexual trite oroffease? ❑ 10. Have you ever been convicted of any of the following crimes or of an adempt to commit any of the following crimes? 10.1. Kidnapping? ❑ If yes,were you convicted ofkabuipping or attempted Idnapping with fhe intent to ❑ commit tape,sodomy,lewd or lascivious acts,oral copulation,or forcible ads of sexad . penetration? 102. Kidnapping for ransom? .❑ Ifyes,were you convicted of kidnapping for ransom or attempted kidnapping for ransom ❑- wi0r the intent to commitrope,sodomy,lewd or lascivious acts,oral copulation,or forcible acts of sexual penetration? 10.3.- Sexual battery? ❑ el , 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 prostitmion? ❑ L� / 10.6. Aiding and abetting the enticement of an unmarried minor female for purposes of ❑ prostitution? 10.7. Inducing sexual intercourse with another when the other's consent is procured by false ❑ H/ pretenses with the intent to create fear? 10.8. Pimping ofaminor? ❑ 10.9. Pandering of ammor? ❑ 10.10. Procurement of child under 16 years of age for lewd or lascivious acts? ❑ 1'f// 10.11.Abduction(taking away)of a person under age 12 for purposes ofprostitudirg? ❑ L`!/ 10.12.Aggravated sexual assault of a child? ❑ 10.13.Incest? - ❑ ® . 772564.1 EXHIBIT "E" (SUPPLEMENTAL QUESTIONS) ROMAN PELLUM YES NO, 10.14.Sodomy? ❑ . 10.15.Lewd or lascivious acts or the solicitation of the same? ❑ UO 10.16. Oral copulation? ❑ (1� -10.17.Contimmus sexual abuse ofachild? ❑ 00 10.1&Forcible ads of sexual penetration or the solicitation of the same? ❑ 10.19.Selling,distributing,printing or exhibiting of child pomography? ❑ �l 10.20.Sexual exploMon ofa child? ❑ 1021.Employment or use ofa minor to perform prohibited ads? ❑ 10,22.Advertising child pornography? D. 10M.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 orircolenco,or oral ❑ copulation by force or violence? 20.26_Inciecentexposare? ❑ 1027.Procuring,counseling,or assisting any perm to commit Mecentexpostue? ❑ J 10.28. Contributing to the delinquency of anriaor? ❑ 10.29. Sending harmful material to a minor with ibe intent to seduce said minty? ❑ r/ It. Have you ever been convicted ofermedrubbery? ❑ 12. Have you ever bean convicted of armed oarjackin8? ❑ 13, Have you ever been convicted ofassault or wempted murder of a public omcial? ❑ 14. Have you ever convicted of false im4i9sonment? _ ❑ - 15. Have you ever bean convicted of assault? ' - ❑ fZ'/J 16. - Have you ever been convicted of batted! ❑ r/ 17. Have you ever been convicted of murder? ❑ p/ 1& Have you ever been convicted ofmayhem? ❑ 19. Have you aver been convicted of acrime that re you to regis sac offender in the ❑ State of California? CERTIF ATIONOF I hereby cartify1hatall as herein are d and I and agree that any misstatement or omission of In fad (ay cause&0 iron an my f all to emplo by this City. Date.• 1 Sigoahre. 772564.1 EXHIBIT "E" (SUPPLEMENTAL QUESTIONS) STEPHANNI WILLIAMSON SUPPLEMENTAL QUESTIONNAIRE Pursuant to California Public Resourcar Code§5164, thisform must be completed by all applicdtlfsfor Positions urwhangsupervisory or disciplinray authority over airy minor. YPs NO I. Have you ever been convicted ofsexaal assautt or asaaalt with intent m commitmeyhem? ❑ 2Jf 2. Have you ever bees convicted oruilawful sexual intercourse with aperson under age 18? ❑ YJ, -3. Have you ever been convicted ofrape? ❑ 4. have you even been convicted ofthe rape of a spouse? ❑ 5. Have you ever been convicted of wiiHulharm or iapn'y to a child? ❑ 6. Have you ever been convicted Ofchildradangarnm? ❑ 7. Have you ever been convicted of cmpenal punishment or injury to a child? -❑ 8. Have you ever been convicted or willful inSiction of corporal injury ma spouse,former ❑ CN/ spouse,005abitert,ormother or fidherofyom child? / 9. Have yaw ever been convicted of any sexual onw oro8ense? ❑ - H 10. Havnyou ever been convicted of any of the following criures or of an attempt to commit emy Hof the following o imes? 10.1. Bideappmg? ❑ Ifyes,were you convicted ofkidnapping or attempted iddaaPpimg with the intent to ❑ �• . commitrepe,sodomy,lewd or lascivious acts,oral copulation,or forcible acts ofsexual peneftedon? . 10.2. Kidnapping for ransom? 13 13 VYor,waeyouconvictedofkkkWingforransomorattemptedkidnappingforreamm - ❑ . with the intent to commit rape,sodomy,Ipwd or lascivious acts,oral copulation,or . forcible acts of sexual penetration? / 10.3.- Sexual battery? ❑ P1J// 10.4, Aiding,abetting orsoliching the rape,rape ofa spouse,orformble acts Ofsexual ❑ L� Penetration? - 10.5. Enticement of an unmarried minor famale fir purposes ofpmsGtution? ❑ LY / 10.6. Aiding sad abetting the enticement of an unmarried minor female for purposes of ❑ pro6tiftwon? - 10.7. Inducing sexual intercourse with another when the otter's consent is procured by false .❑ Pretenses with the intent to create fear? / 10.8. Pimping ofanrinor? ❑ Id' 10.9. Pandering of it minor? . '❑ 10.I0.Procurement of a child under 16 years of age for lewd or lascivious acts? ❑ �T/� 10,I1.Abduction(taking away)of a person nnder age 18 for purpoeas ofprostl Cip. ❑ �,// 10.12.Aggravated sexual assault ofachild? - _ ❑ 10.13.Incest? -. . _ .❑ pJ " . 772564.1 EXHIBIT "E" (SUPPLEMENTAL QUESTIONS) STEPHANNI WILLIAMSON Y NO UK Sodomy? ❑ 10.15.lewd or lascivious ads ordre solicitation ofthe same? ❑ 10.16.Oralcoputation? ❑ - 11( 10.17.Continuous sexual abuse of a child? p 10-I&Forcible ads of sexual penetration or the solidwon ofthe same? ❑ 10 10.19.Selling,distalmdug,prin&gor exhibiting ofdMpomograpby? ❑ 'E ' 1020•Sexual riploffatioa of child? ❑ -1021-1h001310yment or Use of aminor to perform prohibited ads? ❑ 10.22.Advertising child pomogtaphy? ❑ 1023-Possession of c hildpotmgmphy? ❑ 1024.Anuoylag or molesting a child under 18? ❑ 1025.801mimtion of rape by force or violence,sodomy by force or violence,err oral ❑ copulation by force or violence? 1026.Indecentexposure? - ❑ 1027.Pmcurrin&eounelivg,orasasting any person to commit indecent:exposure? ❑ 1028. Contributing to the delinquency of a minor? ❑ 1029.Sending harmful materiatta a minor with the mtentto seduce said minor? ❑ I1. Have you ever been convicted of armed robbery? _ ❑ p ' 12, Have yen over been camiowd ofatmed cmjaekmV ❑ ll1_kk�/// 13. Have you ever been eoavictedofassat&orrartempu:d murder ofa public OXcw? ❑ 14, have you ever been convicted of false impiisotunetrt? 0 15. Mve you ever been convicted ofassault? r6. - Have you ever been convicted ofbattery? - ' ❑ / 17. Have you ever been convicted of murder? - ❑ 1& Have you ever been oonvietedofmayhem? ❑ 19. Have you ever beer convicted of a cthne that requites you to register as a sex offender in the ❑ Seem of Califnmia? CERTIFICATION OF APPLICANT I hereby carlifydud all responses true and correq and I understand and agree that any rnisstawment or omission of materglai fad may datse fo of au rigb7 to a erdby Ntis DateaO Signatnr / 772564.1 EXHIBIT "E" (SUPPLEMENTAL QUESTIONS) KEVIN MCGUIRE SUPPLEMENTAL QUEMONNAmE Pwwmza itto California Public Resotroes Code§5164,thisform•mot be completed by all applicants for Positions mw1vin9supermary or&scip=coy authority over any minor YES NO I. Have you ever been convietedof sexual assault or assault with ftitemtocommirmayhem? ❑ t_d/ 2. Have you ever been convicted or unlawful sexual intercourse with a person under age 18? ❑ L' 3. Have you over been convicted ofrape? Cl 4: Have you eves been oonvictedof the rape ofaspouse? - ❑ 5. Have you ever been convlcted of willful lawn or injury to a child? ❑ - 6. Have you ever been convicted of child endaugermwt? ❑ 7. Have you ever been convicted of corporal punishment or injury to a child? ❑ S. Have you ever been convicted or wildW infliction of cotporg Wmy to a spouse,fomrer ❑ Cot/ -spouse,cobaboam,or mother or fluter of your ChW? 9. Have you aver been convicted of any sexual crime oroffense?. ❑ 10. HANr;.you ever been convicted of any of tIw following aime,or of au att®pt to commit any ofthe following lyres? - 10.1. Kidnapping! ❑ Ifyes,ware you convicted ofladnnaprmg or attempted iadoappirrg wilt the intent to ❑ commit ram sodomy,lewd or lascivious ads,oral copalation,or forcible acts ofsexusl penetration? . 102. Kidnapping for ransom? .❑ - R/ If yes,were you convicted oflddmffkg for nwomoraimmpted kidnapping for ransom ❑ Will the intent to commitrape,sodomy,Ipwd or lascivious acts,oral copulation,or . forcible ads of sexual penetration? 10.3. Sexualbattary? ❑ 1/ 10.4. Aiding,abetting or soliciting the rape,rape of a spouse,or forcible ads of sexual ❑ L9 ' penetration? I0.5. Haticemeat of an unmarried minor female for purposes of prostitution? ❑ 10h, Aiding and abetting the enticement ofan unmarried miner female for purposes of ❑ prostitution? .. 10.7. Inducing sexual intercourse with unifier When the odices consent is procured by false ❑ pretenses with are intent to create fear? - 10.8. Pimping of a mbior? ❑ 19/ 19 10.9. Pandering of a minor? ❑ -10.10. Procurement of a child ruder 16 years ofege for lewd or lascivious acts? - ❑ 10.1 r.Abduction(tatting away)of a person under age 18 for purposes ofprosdoi iou? ❑ 10.12.Aggravated sexual assault ofa child? ~ •❑ � 10.13:Irreest? . ❑ . . 772564.1 EXHIBIT "B" (SUPPLEMENTAL QUESTIONS) KEVIN MCGUIRE YES No 13d 10.14.Sodomy? _ ❑ . 10.15.Lewd or lasdvim ads orthe solicitation of the same? ❑ il✓k 10.16.Oral cupuiatioa? ❑ 1p 10.17.Continuous sexual abuse of a cldld? - ❑ @� 10.18.Forctbieactsofswmgpeneba8onwtbesolichaio ofthesame? ❑ ¢� .. .10.I9.Selling,dietnbatmB'.Pn°tiagOce�rlubitingofclfildlmtaogfgphy?. ❑ I0.20.Sexual exploitation ofa child? - ❑ 1Z 10.21.Employmentoraseofamiaortoperformprohibimdacts7 ❑ f 10.22.Advertising childpomogrepilyT ❑' ' 1023.Possession of child pornography? ❑ - 10.24.Annoying ormolostiog acbild under 18? ❑ 1025.Solicitation of We by force or violence,sodomy by.force or iiolence,or oral ❑ H copuladon by force or violence? 1026.Indecentexposme? - ❑ 10.27..Pmcuxi ng,eouoser ,j a assisting any pmw to commit indecent exposure? ❑ l 1028,contributing to,the delinqueaoy ode minor? ❑ fd/� 1029.Sending barmt'al material to a minorwlth the intent to seduce said mina? ❑ 1/ 11. Have you over been convicted ofamned robbery? ❑ f9/ 12. Raw you ever been convicted ofatmed cW*kw ❑ . 13. have you ever been convicted ofassamltor attempted minder ofapnblic official? Elj . . 14. Have you everbeDw convicted of false impnsomnwv ❑ 15. Have you ever been convicted of amavit? ❑ 4`r// 16.- Have you ever been convicted ofbattery? ElI.—d , - 17. Have you ever been convicted of murder? - 13 _ 1& Have you ever been convictedofmaybere? 13 G� 19. Have you ever been convicted ofaaime tat requires you toreglaorwa sex Otlmderinthe ❑ State of California? CERTIFICATIONOFAPPLICANT - I hereby certify*.it all responses herein are true and ,-I and I d and agree that any misstatement or omission of Da . materiyal-�>;aot rgay tense lbrfeinne on my of an rights to ernploym t y Dam.L /7�/__l��Tl,, Signature_ C 772564.1 EXHIBIT "E" (SUPPLEMENTAL QUESTIONS) SHANNON ESTRIN SUPPLEMENTAL QUESTIONNAIRE Pursuant to Callforma Public Resources Code§5164,this form must be completed by oil applicants for positions invdvingsupervisary or disciplinary autharity over any minor. Ya No I. Have you ever been convicted ofsamal assaultorassauhwith fumatm commitmayhem? ❑ E33/ 2. Have you ever been convicted or unlawful sexual intercourse with aperson under age IS? - ❑ t� 3. Have you ever been convicted ofrape? ❑ / 4: Have you ever been convicted of the rape of a spouse? ❑ L9 S. Have you ever been convicted ofwillfiilharm or injury to a child? ❑ .6. Have you aver been convicted of child endaugermmt? ❑ 7. Have you ever been convicted of corporal punishment or injury to a child? ❑ - . . S. Have Yon ever been convicted or willful Infliction of ootlw a injury to a spouse,former ❑ I_Y/ -spouse,cohabitant,or mother or Either ofyour 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. Kdnapping? ❑ If yes,were you convicted ofkidnappmgor attempted lddnapph%with am intent to ❑ commit rape,sodomy,lewd or lascivibus acts,oral copulation,orfam'bk acts of sexual penetration? / . 10.2. Kidnapping for ransom? ❑ - {/ _. Ifyes,were you convicted ofBidnapping for ransom or attempted kidnapping for ransom ❑ with the intent to commit rape,sodomy,lewd or lascivious acts,oral copulation,or. . . forcible acts of samal penetration? . 103. Sexual battery? ❑ J/ 10.4. Aiding,abetting or soliciting the we,Tape of a spouse,or forcible ads of sexual ❑ 17 -- penetration? 10.5. Enticement of an unmarried minor female for purposes ofprostionion? ❑ 30.6. Aiding and abetting the enticement of an unmarried minor female for purposes of ❑ . . prostitution? / 10.7. Inducing sexual intowmasc with another when the other's consent is procured by false .❑ l7/ pretenses with the intent to create fear? l0.8. Pimping ofa mina? ' ❑ .. 10.9. Pandering of a minor? 13 I0.10. Noanrement of child under 16 years ofage for lewd or ascivious acts? ❑ 10.11'.Abduction(taping away)of a person underage 18 for purposes ofprostltudon? ❑ PK 10.12.Aggravated sexuai auWtofa child? - - �. - .❑ ' t . I0.13. Incest? ❑ 772564.1 EXHIBIT "E" (SUPPLEMENTAL QUESTIONS) SHANNON ESTRIN YES NO 10.14.Sodomy? 10.I5.I.awd or lascivious acts ache solicitation of the same? ❑ 10.16.Oralcopuladon4 ❑ je 10.17.Continuous sexual abuse of achild? ❑ / 10.18.Forcible acts of samalpenetration or the solicitation ofthe same? ❑ if 10.19.Selling,distributing,printing or exWbhing ofddad pornography? 0 - j2r- 1020.Sexual exploitation ofa child? ❑ ✓ 1021.Employment or Use of a mina to perform prohibited acts? ❑ IE I0.22.Advertising child pornoamphy? ❑ — f- 1023.Possession of childpomogmphy? ❑ 10.24.Annoying or molesting a child under l8? p J� 1025.Solicitation of rape by face or violcoce,sodomy bytbree avlolence,a oil ❑ F copulation by face or violence? 1026.Indecentexpowre? - p 10.27.Pmomutg,counseling,or welding any person to commit indecent exposure? ❑ 10.28.Contribuftm the delinquency ofaminor? ❑ 1029.Sending harmful material to a mina with the hoard to seduce said minor? ❑ �c 11. Have you ever been convicted ofanned robbery? - ❑ `Q I2. Haveyou ever been convicted ofauned cwjwkW ❑ aC�/ 13. Have you ever been convicted of assault or attempted murder of a public official? ❑ pf 14. Have you ever beancoavietedof false imprisonment? ❑ H/� ` I5. Have you over been convicted of assault? ❑ H 16.- Have you ever been convicted of battery? - ❑ N/ - 17. Have you ever been convicted ofmarder? ❑ 7778/. 1S. Have you ever been convicted of mayhem? p 19. Have you ever been convicted of a aline that requires you to t'agister as a sex offender in the ❑ 1r State of California? CIRTIFICATION OF AMJCAW ' I hereby cerffyfiW all responses heroin are true and correct,and I understand and agree that any misstatement or omission of cause forfeiture on of all era 1" is to tby this City. .: ' . D � Signa4ue , ----- - 772564.1 EXHIBIT "E" (SUPPLEMENTAL QUESTIONS) SHAQUIM PELLUM SUPPLEMENTAL QUESTIONNAIRE Pursuant to California Public Amu rces Code§5164,thisform.must be completed by all applicants for positions involving supervisory or4scfplinary authority over any minor. YES NO I. Have you aver been convicted ofsexaal assault or assault with ir2ent'to commit mayhem? .❑ 1J 2. Have you ever been convicted ormmlawful sexual intercourse witha person under ago 182 - ❑ i Haveyoueverbeenoonvidadofrape? ❑ 1f�4. Have you ever been convicted ofthe rape of a spouse? ❑ S. Have you ever been convicted of willful barn or injury to a child? ❑ 6. Have you ever been ccaviewd ofchildendanprncat? ❑ 7, Have you over been convicted of corporal pm ushmem or injury to a drill? ❑ S. Have you ever been convicted err willful infliction 4fcotpora injury to a spouse,former ❑ d. spouse,cobabitant,or mother or father ofyour child? 9. Have you ever been convicted ofany sexual crime or offense. ❑ 10. Haire you ever been convicted of any of the,following crimes or of an attempt to commit any _ ofthe fallowing crimes? - . 10.1. Kidnapping? - ❑ �. Ifyes,were you convicted of kidnapping or attempted kidnappft with the intent to ❑ - commitrapa,sodomy,lewd«laacivibus acts,oral copulation,or forcible acts ofsexuat penetration? ' . 102. Kidnapping for ransom? .❑ / Ifyas,wereyouconvictedofkidnappingforrawcanorattemptedkdnappingforransom ❑ H/ . With the into commit rape,sodomy,lfwd or lascivious ads,oral copulation,or . f0mrb[e act of sexual penetration? 103.- Sexualbattety? ❑ 'H , 10.4. Aiding,abeaftorsolicitingtherape,rapeofaspomse,orforclbleactsofsermal ❑ penetration? 10.5. Enticement of an unmarried minor female for purposes of prostitution? ❑ 10.6. Aiding and abetting the enticement of an unmarried minor female for purposes of ❑:. Prostitution? 10.7. Inducing sexual intercourse with another when the other's consent is procumid by false .❑ ,MJ . pretenses with the intent to create fear? 1D.8. Pimping ofa minor? ❑ —/ 10.9. Pandering of a minor? .'❑ 10.10.Procurement ofa child under 16 years*fags for lewd or lascivious ads? ❑ 10.11'.Abduction(taking away)ofa person underage 18 for purposes ofprostitmion? ❑ 10.12.Aggravated sexual assault ofa child? N - .❑ �/: 10.13.Incest?. ❑ �j " -. 772564.1 EXHIBIT "E" (SUPPLEMENTAL QUESTIONS) SHAQUIM PELLPM YES NO 10.14.Sodomy? ❑ /d 10.15.Lewd or lascivious acts or the solicitation of the same? - El17 10.16.Oral copulation? ',. ❑ `f�( 10.17.Continuous sexual abuse of a child? '', ❑ I0.1&Forcible acts ofsexual penetrationor the soljoita6onofdte e? ❑ . 10.I9. Selliag,distributing,printing or exWb ' ofdu 1>�ld ' hy'r p . 1020.Sexual exploitmiou of child? '�... ❑ 10.21.Employment or use of a minor to perform prohibited act? ❑ 1022.Advertising childpomogmpW. ❑ 9 11 1023.possession of child pornography? ❑ 1024.Annoying or molesting a child under IS? 1 ❑ 1025.Solicitation of mpe by force or violence,sodomy by force OF 4iol mce;or oral ❑ d copulation by force or violence? 1026_Indecentexposure? ',. ❑ / 10.27.Procuring,couasellng,or assisting any person to conmtit indeceatexposure? ❑ C // 10.28, Contributiogto the de]mqueacyofaminor? ❑ 1029.Sending harrifat material to a minor with the intent to aedra a said mmoe2 ❑ 11. Have you ever been convicted of armed robbery? ❑ _ 12. Have you ever been corrvioted of armed carjaaking? ❑ H 1 13. ft-m You ever been convicted of asswalt or attempted murder of a public official? ❑ I4. Have you ever been convicted of false imprisonment? ❑ 15. Have you ever been convicted ofassauh? ❑ I&- Have you ever been convicted of battery? "❑ 17. Have you eve been convicted of murdw? ❑ is. Have you ever been convicted of mayhem? ❑ 19. Have You ever be=convicted of aajme that requires you to register its a sex:offender inthe ❑ L9' State of California? CERTIFICATION OF APFUCAiNT I hereby cortifytbat all responses herein are line 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 empl tby this City. 772564.1