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HomeMy WebLinkAboutA6060 - PALM SPRINGS PIRANHAS FACILITY USE AGR FOR 405 S PAVILION WYCONTRACT ABSTRACT Contract Company Name: Palm Springs Piranhas Company Contact: Jeff Conwell Summary of Services: Facility Use Agreement Contract Price: $0, See Party Obligations Funding Source: NIA Contract Term: July 1, 2021, to July 31, 2023 (extension of original) Munis Contract Number: Contract Administration Lead Department: Parks and Recreation Contract Administrator: Jeannie Kays Contract Approvals Council/ Community Redevelopment Agency Approval Date: N/A Agenda Item No./ Resolution No.: NIA Agreement No: A6060 (see attached copy of original signature page) Contract Compliance Exhibits: Completed Signatures: Completed Insurance: Completed Bonds NIA Contract prepared by: Cynthia Alvarado -Crawford Submitted on: 11/04/2021 By: Janet Burns Note: Signed contract and compliance paperwork submitted after Cynthia's departure AGREEMENT TO USE FACILITIES Vatk I&4- This agreement to Use Facilities ("Agreement") is made and entered into this � day of .its , 2021, by and between the City of Palm Springs ("City") and Palm Springs Piranhas ("PSP") with preference to that Swim Center facility located at 405 South Pavilion Way in Palm Springs, California ("Facility"). The parties enter into this Agreement on the basis of the following facts and intensions: RECITALS WHEREAS, the City and PSP are mutually interested in providing quality recreational activities to all residents of Palm Springs; and WHEREAS, it is recognized that through a cooperative agreement between the City and PSP the community will be afforded the fulfillment of one of its recreational goals for citizens. NOW, THEREFORE, the City and PSP s do hereby mutually agree as follows: 1. INTENT OF AGREEMENT 1.1 It is the intent of this agreement to describe the responsibilities of the City and PSP in their cooperative effort to effectively promote and provide competitive swimming for youth and adults. 1.2 The City recognizes and supports PSP as an official team from the City of Palm Springs at United States Swimming events and at local/regional invitational swim meets. 1.3 The parties agree that PSP may identify the City's Swim Center pool as its "home" pool for all swim meets held for or on behalf of PSP during the term of this Agreement. 1.4 It is the intent of this Agreement to solidify a supportive and working relationship between PSP and the City. 1.5 It is the intent of this Agreement that both the City and PSP acknowledge and direct their efforts toward the development of quality swim programs at the City's Swim Center. 2. AREAS OF RESPONSIBILITY 2.1 Fees and Charges 55575.181 85\341 89643. 1 2.1.1 PSP agrees to pay the City for its use of the Swim Center pool on a monthly basis. The rates for both exclusive and non-exclusive use of the Swim Center Pool vary based on the number of swimmers and are shown in Exhibit "Cl" "Comprehensive Fee Schedule." The fees shall be payable on the first of each month and will increase or decrease, based on the number of swimmers pursuant to the rates identified in the City's Comprehensive Fee Schedule. Any payment of any sums to be paid by PSP not paid within ten (10) days of its due date shall be subject to a five percent (5%) late charge. Based on an average number of 25 swimmers, stated in Section 1.1, the monthly payment would be $304. Should the number of swimmers exceed increase from 25, as stated in Section 1.1 above at any time during the term of this Agreement, PSP shall notify the City so that an adjustment to the monthly fee can be made. 2.1.2 For swim meets requiring exclusive use of the pool, that involve two or more teams, a $1.43-per-swimmer charge shall be paid to the City by PSP within forty-five (45) days following the meet. A complete registration roster shall be provided with the fees to verify the fees collected. 2.1.3 PSP shall provide City a complete monthly roster of current swimmers and update as necessary for City to calculate amounts that need to be paid. 2.1.4 PSP shall pay the non-profit rate for office space at the Leisure Center (conference room) during swim meets if needed. PSP shall pay the non-profit rate for use of the Pavilion if it is desired to be used for swim meets. 2.2 POOL USE AND SCHEDULING 2.2.1 The City shall make the Swim Center available on a shared, non-exclusive basis, which does not interfere with the City's other recreation programs. Notwithstanding the foregoing, it is implicit that PSP shall be permitted to utilize the Swim Center in accordance with the schedule below. This schedule is subject to change with the approval of the Contract Officer. 2.2.2. The City has sole discretion to resolve all scheduling conflicts. The City shall act in a timely manner to resolve all scheduling conflicts. During high school water sports season, Palm Springs Unified School District's ("District") schools shall have priority use of the Swim Center. PSP TYPICAL PRACTICE SCHEDULE 4:30pm-6:30pm Monday through Friday The District's schedule is subject to changes which may affect PSP' use of the Swim Center pool. During the identified sessions above, PSP will be assigned lanes at the Swim Center Pool by Swim Center staff based on the number of swimmers in the pool at one time. Also, PSP will have access to the baby pool area during 55575 18185\34189643 1 regular workouts. At the discretion of the City, PSP may be given access to additional lanes if they are available. All lanes will be assigned by the City. During high school swim season, February 1 — through the first weekend in May, PSP will have their space assigned to them by Swim Center staff. Additionally, at the discretion of the City, PSP may be given access to additional lanes, if available. All lanes will be assigned by the City. The above -listed times apply only to "short course" training. During long course season PSP will also be assigned lanes by Swim Center staff in order to maintain a balance between the club team and other scheduled programming. The Swim team will need to work with staff to get the lanes converted from short course to long course and from long course to short course after their daily practices if long course is desired. 2.2.3 PSP shall submit a Facility Use Application form at least six (6) months prior to swim meets. The City agrees to make the pool available if such use does not impact scheduled City programs or facility closure. Whenever possible, PSP shall try to accommodate joint use of pool for dual meets that are held at the Swim Center. 2.2.4 The City agrees to rent to PSP, at a minimal rate, the Pavilion kitchen, if available. The Facility Use Application form shall be submitted by PSP at least six (6) months prior to the swim meet. 2.2.5 PSP members shall not enter the Swim Center facility for meets or practices until a coach or designated PSP adult representative is on deck to supervise unless that PSP member has paid the public fee to use the pool. 2.2.6 When the Swim Center is closed for maintenance, the monthly rental rate will be prorated and adjusted accordingly for the following month. 2.3 Coaching Staff 2.3.1 PSP shall have complete responsibility for the control and supervision of its coaching staff. 2.3.2 PSP shall be responsible for the control and safety of its members and guests within the Swim Center. 2.3.3 It is the responsibility of PSP to ensure that all coaching staff is currently certified in CPR, First Aid and Lifeguard training. The United States Swimming Coach's Certification in First Aid can apply to this qualification. Proof of such certification must be presented by PSP to the City on a yearly basis, or as certificates expire and require to be renewed. City will not provide lifeguard services for practice or swim meets. 55575 18185\34189643 1 2.3.4 Any person having supervisory or disciplinary authority over any minor member of PSP is required to submit to a criminal background screening as specified in California Public Resources Code Section 5164. Each PSP employee or volunteer having supervisory or disciplinary authority over any minor must complete the supplemental questions attached as Exhibit "A" and must concurrently submit to being fingerprinted PSP must submit a completed copy of Exhibit "A" and arrange for the fingerprinting of each employee and volunteer before this Agreement may be executed by the City. The City performs background screening through the federal government. 2.3.5 PSP must provide the City with a list of its employees and/or volunteers who will have supervisory or disciplinary authority over any minors while at the Swim Center. A true and correct list of such employees as of the date of execution of this Agreement is attached hereto as Exhibit "B". Should PSP hire a new employee or volunteer who should be listed on EXHIBIT `B", PSP must notify City of this fact within one week and PSP must concurrently submit a completed copy of the questionnaire, attached as Exhibit "A" for the new person, and have them scheduled for their criminal background screening through the City. 2.4 Equipment and Storage 2.4.1 City shall provide a storage area on a joint -use basis for PSP. PSP shall not hold the City liable for damages for theft of equipment or material stored on City property. 2.4.2 PSP shall install equipment necessary to conduct practice and swim meets, with the exception of starting blocks. In a like manner, PSP shall remove, in a timely fashion, all equipment that it installs to conduct practice and swim meets (with the exception of starting blocks). 2.4.3 PSP shall repair or replace, at its expense, damaged equipment if damage occurred as a result of negligence by PSP or its officers, employees, members or invitees. 2.4.4 The City shall repair or replace damaged equipment, if damaged other than by PSP, at City's expense. 2.4.5 PSP shall notify the City of any damaged equipment in need of repair. Should the City fail to make the requested repairs. PSP shall be held harmless from any claim filed against PSP for injury resulting from said damaged equipment. 2.5 Swim Meets 2.5.1 PSP shall clean up all areas in and around the Swim Center that have been impacted by its use. The City shall coordinate and make arrangements with PSP 55575 19185\34189643 1 for trash pickup and provide equipment/supplies to maintain the cleanliness of the surrounding area if trash pickup is not readily available during the time of the swim meet. PSP shall be responsible for additional charges as a result of their swim meet (e.g.., cleaning supplies, janitorial services, any needed equipment rental, etc.) 2.5.2 The Swim Center shall be closed at a reasonable time to the public and all City programs whenever PSP uses the Swim Center for a swim meet. During this time, PSP accepts full responsibility for the control and safety of the general public, as well as PSP members and guests. PSP shall provide a first aid kit and sufficient supplies to render first aid service during the time of the swim meet. The City shall provide access to back boards during the time of the scheduled swim meet. 2.5.3 PSP shall notify City of any dual meets that could allow safe access of the pool for joint use. The Swim Center staff and PSP are jointly responsible for the control and safety of swimmers as pool use is shared. 2.5.4 Following the completion of swim meets, PSP remains responsible for the control and safety of its guests and general public until the Swim Center is cleaned and the admission gates are locked by an PSP representative. 2.6 PSP Bylaws 2.6.1 PSP must maintain on file two (2) copies of its Articles of Incorporation, Bylaws, and Rules and Regulations with the City Clerk's Office. Any revisions must be submitted to the Parks and Recreation Director prior to action by PSP' Board. 3. INSURANCE AND INDEMNIFICATION 3.1 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: a. 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. b. Workers' Compensation Insurance. To the extent required by Labor Code section 3700, PSP shall procure and maintain workers' compensation insurance. 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 55575 18185134184643.1 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, PSP shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 3.1 to the Contract Officer. PSP agrees that the provisions of this Section 3.1 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 activities of any person or persons for which PSP is otherwise responsible. 3.2 Indemnification PSP agrees to indemnify and defend the City, its officers, agents and employees against and shall hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities) that may be asserted or claimed by any persons, firm or entity arising out of or in connection with the activities at the Facility of PSP, its agents, employees or invitees, or arising from the negligent acts or omissions of PSP, or arising from PSP' negligent performance of or failure to perform any term, provisions, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: 4. WAIVER OF UTILITY FAILURE 4.1 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. 5. ENFORCEMENT OF AGREEMENT 5.1 California Law This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation 5 5 5 7 5.1818 5 \3 418 9643.1 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. 5.2 Disputes In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party: provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of the section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or PSP right to terminate this Agreement without cause pursuant to Section 5.8. 5.3 [Reserved] 5.4 Waiver PSP agrees that the hold harmless described herein applies to claims, demands, proceedings, expenses, injuries. losses, damages. or liabilities of any kind which are presently unknown and may arise in the future as a result of use of the Facility pursuant to this Agreement. PSP confirms that it is aware of the provisions of California Civil Code Section 1542, which 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 DEBT OR RELEASED PARTY. This Agreement is entered into in contemplation of Civil Code Section 1542 and Otter hereby waives the benefits and protections of Civil Code Section 1542 and all other state or federal laws and decisional authority of similar effect. 5.5 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the 55575.18185U4189643.1 exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 5.6 Legal Action In addition to any other rights or remedies, either party may take legal action in law or in equity, to cure, correct or remedy and default, to recover damages for any default, to compel specific performance of this Agreement to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 5.7 Termination Prior to Expiration of Term This Section shall govern any termination of this Agreement except as specifically provided in the following section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to PSP, except that where termination is due to the fault of PSP, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, PSP reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to City, except that where termination is due to the fault of City, the period of notice may be such shorter time as PSP may determine. 5.8 Attorney's Fees If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief that may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigation such action, taking 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 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. 55575.18I M34189643.1 6.2 Non -Liability of PSP Officers and Employees No officer or employees of PSP shall be personally liable to the City, or any successor in interest, in the event of any default or breach by PSP or for any amount that may become due to City or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement that affects his/her financial interest or the financial interest of any corporation, partnership or association in which he is directly or indirectly interested, in violation of any state statute or regulation. 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. 6.4 Covenant Against Discrimination In connection with its performance under this Agreement, PSP 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 Iinguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 7. MISCELLANEOUS PROVISIONS 7.1 Notice Any notice, demand, request, document, consent, approval or communication either party desires or is required to give to the other party or any other person shall be in writing either served personally, sent by prepaid, first-class mail, or electronic mail in the case of the City, to the Parks and Recreation Director, attention of the 55575. 181 85\34189643.1 Contract Officer, CITY OF PALM SPRINGS, 401 S. Pavilion Way, Palm Springs, California 92263-2743, or recinfo: f'rpalmspringsca.gov and, in the case of PSP, to the person at the address designated in Section 8.1 or their electronic mail admin@piranhaswimteam.org. 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, in seventy-two (72) hours from the time of mailing if mailed or at the moment electronic mail is sent as provided in this section. 7.2 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. 7.3 Integration; Amendment It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all precious negotiations, arrangements, agreements and understandings, if any, between the parties, and 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 the Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses. paragraphs or sections of this Agreement hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is no material that this invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 7.5 Corporate Authority The persons on executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. 8. COORDINATION 55575 18185\34189643 1 8.1 Representative of PSP PSP representative to coordinate with the City regarding operational matter is: 8.2 City Representative: The City shall assign the Director of Parks and Recreation to coordinate with PSP regarding operational matters. 9. TERM 9.1 Unless earlier terminated in accordance with section 5.7 of this Agreement, the term of this Agreement shall be for a period of two years (2) years commencing on July 1, 2021 and terminating on July 31, 2023. At the discretion of the Director of Parks and Recreation, this Agreement may be extended for two (2) one-year terms upon expiration of the original term. Note: a yearly evaluation will be conducted every June to address issues and concerns in order to maintain the integrity of the department's standards. [Signatures on the following page] 55575.18185U4189643 1 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: Approved as to Form: By: City Att e CITY OF PALM SPRINGS, A municipal corporation By:� ,M&-�KDirector of Parks and Recreatio "PSP" Palm Springs Piranhas Swim Team By: Its: 4 Legal Counsel for Palm Springs Piranhas Swim Team 55575 18185\34189643 1 Exhibit Cl Swim Teams (Club Teams) Fees 1-25 Swimmers $304 per month 26-50 Swimmers $571 per month 51-75 Swimmers $856 per month 76-100 Swimmers $1,143 per month 101-125 Swimmers $1,429 per month 126-150 Swimmers $1,715 permonth 151-175 Swimmers $2,002 per month 176-200 Swimmers $2,288 per month Above 200 swimmers $8/swimmer per month Exclusive usage $1.40 $1.43/swimmer per meet 55575 1818 513418964 3.1 AGREEMENT TO USE FACILITIES This agreement to Use Facilities ("Agreement")is made and entered into this day of , 2019,by and between the City of Palm Springs ("City") and Palm Springs Piranha's ("PSP") with reference to that Swim Center facility located at 405 South Pavilion Way in Palm Springs, California ("Facility"). The parties enter into this Agreement on the basis of the following facts and intensions: RECITALS WHEREAS, the City and PSP are mutually interested in providing quality recreational activities to all residents of Palm Springs; and WHEREAS, it is recognized that through a cooperative agreement between the City and PSP the community will be afforded the fulfillment of one of its recreational goals for citizens. NOW, THEREFORE, the city and PSP do hereby mutually agree as follows: 1. INTENT OF AGREEMENT 1.1 It is the intent of this agreement to describe the responsibilities of the City and PSP in their cooperative effort to effectively promote and provide competitive swimming for an average of Fifty (50) youth and adults. 1.2 The City recognizes and supports PSP as an official team from the City of Palm Springs at United States Swimming events and at local/regional invitational swim meets. 1.3 The parties agree that PSP may identify the City's Swim Center pool as its "home" pool for all swim meets held for or on behalf of PSP during the term of this Agreement. 1.4 It is the intent of this Agreement to solidify a supportive and working relationship between PSP and the City. 1.5 It is the intent of this Agreement that both the City and PSP acknowledge and direct their efforts toward the development of quality swim programs at the City's Swim Center. 2. AREAS OF RESPONSIBILITY 2.1 Fees and Charges DUPLICATE ORIGINAL 2.1.1 PSP agrees to pay the City for its use of the Swim Center pool on a monthly basis. The rates for both exclusive and non-exclusive use of the Swim Center Pool vary based on the number of swimmers and are shown in Exhibit"Cl" "Comprehensive Fee Schedule". The fees shall be payable in advance on the first of each month and will increase, based on the number of swimmers pursuant to the rates identified in the City's Comprehensive Fee Schedule. Any payment of any sums to be paid by PSP paid within five (5) days of its due date shall be subject to a five percent (5%) late charge. Based on an average number of 50 swimmers, stated in Section 1.1, the monthly payment would be $559. Should the number of swimmers decrease or exceed 50, as stated in Section 1.1 above at any time during the term of this Agreement, PSP shall notify the City so that an adjustment to the monthly fee can be made. Should the City have a fee schedule adjustment, a 3% increase of CPI-U, whichever is greater will be applied each year the City's fee schedule is updated. *CPI-U is the Consumer Price Index for, All Items, for the Los Angeles/Long Beach, Anaheim Metropolitan Statically Area for the year ending in December. 2.1.2 For swim meets requiring exclusive use of the pool, that involve four or more teams, a $1.40-per-swimmer charge shall be paid to the City by PSP within fourteen (14) days following the meet. 2.1.3 PSP shall pay minimal rate for office space at the Leisure Center (conference room) and Pavilion during swim meets. 2.2 POOL USE AND SCHEDULING 2.2.1 The City shall make the Swim Center available on a shared, non-exclusive basis, which does not interfere with the City's other recreation programs. Notwithstanding the foregoing, it is implicit that PSP shall be permitted to utilize the Swim Center in accordance with the schedule below. This schedule is subject to change with the approval of the Contract Officer and in accordance with section 2.2.2. The City has sole discretion to resolve all scheduling conflicts. The City shall act in a timely manner to resolve all scheduling conflicts. During high school water sports season, Palm Springs Unified School District's ("District") schools shall have priority use of the Swim Center. PSP TYPICAL PRACTICE SCHEDULE 5:00 am to 7:00 am Monday through Friday 3:30 pm to 7:30 pm Monday through Friday 7:00 am to 10:00 am Saturday Times are subject to change should the City need to re-program the pool hours. The District's schedule is subject to changes which may affect PSP's use of the Swim Center pool. During the identified sessions above, PSP may use a minimum of eight (8) lanes at the Swim Center Pool. Also, PSP will have access to the baby pool area during regular workouts. At the.discretion of the City,PSP may be given access up to two (2) additional lanes if they are available. The lanes will be assigned by the City. During high school swim season, February 1 —through first weekend of May, PSP will have use of a minimum of seven (7) lanes. Additionally, at the discretion of the City, PSP may be given access up to one (1) additional lanes, if available. The lanes will be assigned by the City. 2.2.3 PSP must submit its seasonal practice schedule in writing at least thirty (30) days in advance of the beginning date of the schedule. 2.2.4 PSP shall submit a Facility Use Application form a minimum of six (6) months prior to swim meets. The City agrees to make the pool available if such use does not impact scheduled City programs or facility closure. Whenever possible,PSP shall try to accommodate joint use of pool for dual meets that are held at the Swim Center. 2.2.5 The City agrees to rent to PSP, at a minimal rate, the Pavilion kitchen, if available. The Facility Use Application form shall be submitted by PSP at least six (6) months prior to the swim meet. All rental fees must be paid thirty (30) days prior to event. 2.2.6 PSP members shall not enter the Swim Center facility for meets or practices until a coach or designated PSP adult representative is on deck to supervise unless that PSP member has paid the public fee to use the pool. 2.2.7 When the Swim Center is closed for maintenance, the monthly rental rate will be prorated and adjusted accordingly. 2.3 Coaching Staff 2.3.1 PSP shall have complete responsibility for the control and supervision of its coaching staff. 2.3.2 PSP shall be responsible for the control and safety of its members and guests within the Swim Center. 2.3.3 It is the responsibility of PSP to insure that all coaching staff is currently certified in CPR, First Aid and Lifeguard training. The United States Swimming Coach's Certification in First Aid can apply to this qualification. Proof of such certification must be presented by PSP to the City on a yearly basis, or as certificates expire and require to be renewed. City will not provide lifeguard services for practice or swim meets. 2.3.4 Any person having supervisory or disciplinary authority over any minor member of PSP is required to submit to a criminal background screening as specified in California Public Resources Code Section 5164. Each PSP employee or volunteer having supervisory or disciplinary authority over any minor must complete the supplemental questions attached as Exhibit "A" and must concurrently submit to being fingerprinted. PSP must submit a completed copy of Exhibit "A" and arrange for the fingerprinting of each employee and volunteer before this Agreement may be executed by the City. The City performs background screening through the federal government. 2.3.5 PSP must provide the City with a list of its employees and/or volunteers who will have supervisory or disciplinary authority over any minors while at the Swim Center. A true and correct list of such employees as of the date of execution of this Agreement is attached hereto as Exhibit `B". Should PSP hire a new employee or volunteer who should be listed on EXHIBIT "B", PSP must notify City of this fact within one week and PSP must concurrently submit a completed copy of the questionnaire, attached as Exhibit"A" for the new person, and have them scheduled for their criminal background screening through the City. 2.4 Equipment and Storage 2.4.1 City shall provide a storage area on a joint-use basis for PSP. PSP shall not hold the City liable for damages for theft of equipment or material stored on City property. 2.4.2 PSP shall install equipment necessary to conduct practice and swim meets, with the exception of starting blocks. In a like manner, PSP shall remove,in a timely fashion, all equipment that it installs to conduct practice and swim meets (with the exception of starting blocks). 2.4.3 PSP shall repair or replace, at its expense, damaged equipment if damage occurred as a result of negligence by PSP or its officers, employees, members or invitees. 2.4.4 The City shall repair or replace damaged equipment, if damaged other than by PSP, at City's expense. 2.4.5 PSP shall notify the City of any damaged equipment in need of repair. Should the City fail to make the requested repairs. PSP shall be held harmless from any claim filed against PSP for injury resulting from said damaged equipment. 2.5 Swim Meets 2.5.1 PSP shall submit a site map of their Swim Meet set up for the swim meet for approval to the Director of Parks and Recreation for approval. 2.5.2 PSP shall clean up all areas iri and around the Swim Center that have been impacted by its use. The City shall coordinate and make arrangements with PSP for trash pickup and provide equipment/supplies to maintain the cleanliness of the surrounding area if trash pickup is not readily available during the time of the swim meet. 2.5.3 The Swim Center shall be closed to the public and all City programs whenever PSP uses the Swim Center for a swim meet. During this time, PSP accepts full responsibility for the control and safety of the general public, as well as PSP's members and guests. PSP shall provide a first aid kit and sufficient supplies to render first aid service during the time of the swim meet. The City shall provide access to back boards during the time of the scheduled swim meet. 2.5.4 PSP shall notify City of any dual meets that could allow safe access of the pool for joint use. The Swim Center staff and PSP are jointly responsible for the control and safety of swimmers as pool use is shared. 2.5.5 Following the completion of swim meets, PSP remains responsible for the control and safety of its guests and general public until the Swim Center is cleaned and the admission gates are locked by a PSP representative. 2.6 PSP Bylaws -2.6.1 PSP must maintain on file two (2) copies of its Articles of Incorporation, Bylaws, and Rules and Regulations with the City Clerk's Office. Any revisions must be submitted to the Parks and Recreation Director prior to action by PSP's Board. 3. INSURANCE AND INDEMNIFICATION 3.1 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: a. 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. b. Workers' Compensation Insurance. To the extent required by Labor Code section 3700, PSP shall procure and maintain workers' compensation insurance. 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, PSP shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 3.1 to the Contract Officer. PSP agrees that the provisions of this Section 3.1 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 of any person or persons for which PSP is otherwise responsible. 3.2 Indemnification PSP agrees to indemnify and defend the City, its officers, agents and'employees against and shall hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities) that may be asserted or claimed by any persons, firm or entity arising out of or in connection with the activities at the Facility of PSP,its agents, employees or invitees, or arising from the negligent acts or omissions of PSP, or arising from PSP's negligent performance.of or failure to perform any term,provisions, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: 4. WAIVER OF UTILITY FAILURE 4.1 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. 5. ENFORCEMENT OF AGREEMENT 5.1 California Law This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and PSP covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 5.2 Disputes In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party: provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of the section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or PSP's right to terminate this Agreement without cause pursuant to Section 5.7. 5.3 [Reserved] 5.4 Waiver No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same of any other provision of this Agreement. 5.5 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights'or remedies for the same default or any other default by the other party. 5.6 Legal Action In addition to any other rights or remedies, either party may take legal action in law or in equity, to cure, correct or remedy and default, to recover damages for any default, to compel specific performance of this Agreement to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 5.7 Termination Prior to Expiration of Term This Section shall govern any termination of this Agreement except as specifically provided in the following section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to PSP,except that where termination is due to the fault of PSP, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition,PSP reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to City, except that where termination is due to the fault of City, the-period of notice may be such shorter time as PSP may determine. 5.8 Attorney's Fees If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief that may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigation such action, taking dispositions and discovery, and all other necessary costs the court allows that are incurred in such litigation. All such fees shall be deemed to have accrued on`commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 6. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 6.1 Non-Liability of City Officers and Employees No officer or employee of the City shall be personally liable to 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. 6.2 Non-Liability of PSP Officers and Employees No officer or employees of PSP shall be personally liable to the City, or any successor in interest,in the event of any default or breach by PSP or for any amount that may become due to City or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest No officer or employee of the City shall have any financial interest, direct or indirect,in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement that affects his/her financial interest or the financial interest of any corporation, partnership or association in which he is directly or indirectly interested, in violation of any state statute or regulation. PSP warrants that it has not paid or given an shall not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Covenant Against Discrimination In connection with its performance under this Agreement, PSP shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis.As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 7. MISCELLANEOUS PROVISIONS 7.1 Notice Any notice,demand,request,document,consent,approval or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263-2743, and, in the case of PSP, to the person at the address designated in Section 8.1. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this section. 7.2 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. 7.3 Integration; Amendment It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all precious negotiations, arrangements, agreements and understandings, if any, between the parties, and non shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 7.4 Severability In the event that any one or more of the phrases, sentences, clauses, paragraphs or sections contained in the Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is no material that this invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 7.5 Corporate Authority The persons on executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. 8. COORDINATION 8.1 Representative of PSP PSP's representative to coordinate with the City regarding operational matter is: Jeff Conwell Palm Springs Piranha's 2791 Pintura Circle South Palm Springs, CA 92264 8.2 City Representative The City shall assign a representative to coordinate with PSP regarding operational matters. 9. TERM 9.1 Unless earlier terminated in accordance with section 5.7 of this Agreement,the term of this Agreement shall be for a period of one(1) year commencing on June 1,2019 and terminating on May 31, 2020. At the discretion of the City Manager, this Agreement may be extended for two (2) one-year terms upon expiration of the original term. [Signatures on the following page] IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, A municipal corporation By: City Clerk David H. Ready City Manager "PSP" Palm Springs Piranha's By: Its: Approved as to Form: APPROVES PN rrr! B / QtyAttorney "EXHIBIT B" LIST OF FACILITY USER'S EMPLOYEES AND VOLUNTEERS WHO HAVE SUPERVISORY OR DISCIPLINARY AUTHORITY l "EXHIBIT B" Page 1 of 1 233242 "EXHIBIT A" Page 1 of 2 SUPPLEMENTAL QUESTIONNAIRE Pursuant to California Public Resources Code§5164, this form must be completed by all applicants for Positions involving supervisory or disciplinary authority over any minor. YES No I. Have you ever been convicted of sexual assault or assault with intent to commit mayhem? ❑ 2. Have you ever been convicted or unlawful sexual intercourse with a person under age 18? 3. Have you ever been convicted of rape? 4. Have you ever been convicted of the rape of a spouse? 5. Have you ever been convicted of willful harm or injury to a child?. ❑ 6. Have you ever been convicted of child endangerment? ❑ T. Have you ever been convicted of corporal punishment or injury to a child? ❑ 8. Have you ever been convicted or willful infliction of corporal injury to a spouse, former ❑spouse, cohabitant,or mother or father of your child? 9. Have you ever been convicted of any sexual crime or offense? 10. Have you ever been convicted of any of the following crimes or of an attempt to commit any ❑of the following crimes? 10.1. Kidnapping? 10.14. Sodomy? YES NO 10.15. Lewd or lascivious acts or the solicitation of the same? El10.16. Oral copulation? 10.17. Continuous sexual abuse of a child? State of California? CERTIFICATION OF APPLICANT I hereby certify that all responses herein are ue and correct, and I understand and agree that any misstatement or omission of material fact may cause forfeiture on in of all rights to employment by this City. Date: L�Aignature: "EXHIBIT A" Page 2 of 2 "EXHIBIT A" �D� Page 1 of 2 q SUPPLE MENTAL QUESTIONNAIRE Pursuant to California Public Resources Code§5164, this form must be completed by all applicants for positions involving supervisory or disciplinary authority over any minor. YES NO 1. Have you ever been convicted of sexual assault or assault with intent to commit mayhem? ❑ 2. Have you ever been convicted or unlawful sexual intercourse with a person under age 18? ❑ 3. Have you ever been convicted of rape? ❑ 4. Have you ever been convicted of the rape of a spouse? ❑ 5. Have you ever been convicted of willful harm or injury to a child? ❑ 6. Have you ever been convicted of child endangerment? ❑ 7. Have you ever been convicted of corporal punishment or injury to a child? ❑ 8. Have you ever been convicted or willful infliction of corporal injury to a spouse, former ❑ spouse, cohabitant,or mother or father of your child? 9. Have you ever been convicted of any sexual crime or offense? ❑ 10. Have you ever been convicted of any of the following crimes or of an attempt to commit any of the following crimes? 10.1. Kidnapping? ❑ If yes,were you convicted of kidnapping or attempted kidnapping with the intent to ❑ commit rape,sodomy, lewd or lascivious acts,oral copulation,or forcible acts of sexual penetration? 10.2. Kidnapping for ransom? ❑ If yes,were you convicted of kidnapping for ransom or attempted kidnapping for ransom ❑ with the intent to commit rape, sodomy, lewd or lascivious acts,oral copulation, or forcible acts of sexual penetration? 10.3. Sexual battery? ❑ 10.4. Aiding,abetting or soliciting the rape,rape of a spouse,or forcible acts of sexual ❑ penetration? 10.5. Enticement of an unmarried minor female for purposes of prostitution? ❑ 10.6. Aiding 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 ❑ pretenses with the intent to create fear? 10.8. Pimping of a minor? ❑ 10.9. Pandering of a minor? ❑ 10.10. Procurement of a child under 16 years of age for lewd or lascivious acts? ❑ 10.1 1. Abduction(taking away)of a person under age 18 for purposes of prostitution? ❑ 10.12. Aggravated sexual assault of a child? ❑ 10.13. Incest? YES NO 10.14. Sodomy? ❑ 10.15. Lewd or lascivious acts or the solicitation of the same? ❑ ) State of California? CERTIFICATION OF APPLICANT I hereby certify that all responses herein are true and correct, and I understand and agree that any misstatement or omission of material fact may cause forfeiture on my part of all rights to em oyment by this City. Dater Signature: "EXHIBIT A" Page 2 of 2 M6 l Vke,uL ck "EXHIBIT A" Page 1 of 2 SUPPLEMENTAL QUESTIONNAIRE Pursuant to.California Public Resources Code §5164, this form must be completed by all applicants for positions involving supervisory or disciplinary authority over any minor. YES NO 1. Have you ever been convicted of sexual assault or assault with intent to commit mayhem? ❑ 2. Have you ever been convicted or unlawful sexual intercourse with a person under age 18? ❑ 3. Have you ever been convicted of rape? ❑ 4. Have you ever been convicted of the rape of a spouse? ❑ 5. Have you ever been convicted of willful harm or injury to a child? ❑ 6. Have you ever been convicted of child endangerment? ❑ 7. Have you ever been convicted of corporal punishment or injury to a child? ❑ ` 8. Have you ever been convicted or willful infliction of corporal injury to a spouse, former ❑ ` -- - --- - - - ---- -- YES NO 10.14. Sodomy? ❑ 10.15. Lewd or lascivious acts or the solicitation of the same? ❑ 10.16. Oral copulation? El10.17. Continuous sexual abuse of a child? ❑. 10.18. Forcible acts of sexual penetration or the solicitation of the same? ❑ 10.19. Selling, distributing,printing or exhibiting of child pornography? ❑ 10.20. Sexual exploitation of a child? 10.21. Employment or use of a minor to perform prohibited acts? 10.22. Advertising child pornography? ❑ 10.23. Possession of child pornography? ❑ 10.24. Annoying or molesting a child under 18? ❑ 10.25. Solicitation of rape by force or violence,sodomy by force or violence,or oral ❑ copulation by force or violence? 10.26. Indecent exposure? ❑ 10.27. Procuring,counseling,or assisting any person to commit indecent exposure? ❑ 10.28. Contributing to the delinquency of a minor? ❑ 10.29. Sending harmful material to a minor with the intent to seduce said minor? El11. Have you ever been convicted of armed robbery? CERTIFICATIO PPLICANT I hereby certify that all responses herein are ue and rre t, and I nder nd and agree that any misstatement or omission of material fact m y cause forfeiture on my rt of 11 'ghts o e oymen this City. Date 1' Z� Signature: r' "EXHIBIT A" Page 2 of 2 Exhibit C1 Swim Teams (Club Teams) Fees 1-25 Swimmers $297 per month 26-50 Swimmers $559 per month 51-75 Swimmers $837 per month 76-100 Swimmers $1,117 per month 101-125 Swimmers $1,397 per month 126-150 Swimmers $1,677 per month 176-200 Swimmers $2,236 per month Above 200 swimmers $8/swimmer per month Exclusive usage $1.40 $1.40/swimmer per meet Certificate of Exemption from Workers' Compensation Insurance TO: City of Palm Springs ATTN: ' City Clerk and Risk Manager SUBJECT.- Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a ❑ sole proprietor b( G ❑ partnership I ❑ closely held corporation d 1 �0 and do not have any employees whose employment required me to %rr A'workers' compensation insurance. Therefore, I do not carry workers' compensation insurance Qad� coverage. I further warrant that I understand the requirements of Section 3700, et seq., of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA and tax withholding and similar employment issues. I further agree to hold the City of Palm Sp ' gs harmless from loss or liability-which may arise from the failure to comply with a s ch laws or regulation Con r gna re Risk Management Approval: � Printed Name of Contractor Date Date < My Membership Card }� JEFF CONWELL CURRENT STATUS Coach VALID TO DATE 6/30/2019 REGISTRATION DATE 1/3/2019 EXPIRATION DATE 12/31/2019 LSC AND CLUB CA-PST USAS ID . 100374JEFACONW CPR 1/17/2021 STSC - IN WATER 2/3/2021 STSC - ONLINE 1/17/2021 BACKGROUND CHECK 6/30/2019 - Level 2 ATHLETE PROTECTION TRAINING 12/31/2020 FOUNDATION OF COACHING REQUIREMENTS Met CONCUSSION PROTOCOL TRAINING (NOT REQUIRED IN ALL STATES) Mot 2 3:297 < My Membership Card Valid To 6/30/2. 01.E 1.at 4Y, M This certifies that-, Jew , ,'� _ �y G nwetl � CA/PST 100 . 74JEFAC [atW � - Back nd: -GW201 PR: 1 21 Ath. Protection: 1 1/2 20' j 3 STSC_ In star` 2/3/20i1T_SC C�►nlin /17/ ;�, a 2Q!2 j,- 1 24 I441 s a coach member of USA Stvi ay be dmtng a member of USA$, Wfj n ,/herab gm to �x by the mile ,*wutetlons,and Code of Coioo off USA z AGENCY CUSTOMER ID: LOC ACORDTM ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED K&K Insurance Group, Inc. POLICY NUMBER KKO-74435-00 MEMBER NO: USA SWIMMING,INC.DBA USA Swimming Etal CARRIER NAIC CODE SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 2 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE "COVERED ACTIVITIES" With respect to USA Swimming member clubs,group members, member coaches,volunteers and additional insured owners/lessors of premises,sponsors and co-promoters, "Covered Activities" are defined as: 1) Swimming meets that have been issued a written sanction or approval. Approval means a permit issued by one of the USA Swimming, Inc. Local Swimming Committees for swimming meets conducted in conformance with USA Swimming, Inc.technical rules in which members and non-members may compete. USA Swimming, Inc. member clubs that either host or participate in a swimming meet that has been issued an approval will be considered an insured provided that all of its athletes or participants and coaches are members of USA Swimming, Inc. 2) Swimming practices,dry land training activities,camps and learn to swim programs where all swimmers or participants are members of USA Swimming, Inc. or United States Masters Swimming and are conducted under direct and active supervision of a member coach. Dry land training activities means weight training,running, calisthenics,exercise machine training,and any other activity for which an insured has received approval from USA Swimming, Inc. or its authorized representative. 3) USA Swimming, Inc. Swim-A-Thons, Fund raising activity which clubs can purchase for lap-athons 4) Approved social events and approved fund raising activities that are social events and activities for which an insured has received approval from USA Swimming, Inc. or its authorized representative. 5) Swimming tryouts. Swimming Tryouts means swimming practices where a swimmer(s)who is not and who has never been a member of USA Swimming, Inc. participates with a USA Swimming, Inc. club for a period not to exceed thirty consecutive days in a twelve month period to determine the swimmer's interest in becoming a member of USA Swimming, Inc. 6) Office premises liability for Member Clubs and 1SCs 7) STSC, CPR, and Lifeguard Certifications of USA Swimming member coaches done by USA Swimming member coaches that are member representatives of one of the approved agencies listed on the USA Swimming STSC In-Water Skills Checklist. 8) "Organized practices"that have been reported and a premium has been paid for. Organized practices are defined as recreation league meets hosted by USA Swim Teams with community teams that are not USA Swimming member teams. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT National Casualty Company NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12;01 A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER KKO-74435-00 01/01/2019 USA SWIMMING,INC.DBA:USA Swimming Etal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS OWNERS AND/OR LESSORS OF PREMISES, SPONSORS OR CO-PROMOTERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy is amended to include as an additional Insured c. This insurance does not apply to liability of any person or organization of the types indicated by an "X" the owners and/or lessors for"bodily injury"or in any boxes shown below, but only with respect to liability "property damage" arising out of any design arising out of your operations: defect or structural maintenance of the prem- ises or loss caused by a premises defect. �X Owners and/or lessors of the premises leased, rented, or loaned to you, subject to With respect to any additional insured included the following additional exclusions: under this policy, this insurance does not apply to any negligence of such additional insured. a. This insurance applies only to an "occur- rence" which takes place while you are a ten- Sponsors ant in the premises; XO Co-Promoters b. This insurance does not apply to "bodily ❑ Any individual person(s)or organization(s) listed be- injury" or "property damage" resulting from low: structural alterations, new construction or demolition operations performed by or on behalf of the owner and/or lessor of the premises; AUTHORIZED REPRESENTATIVE DATE KR-GL-56(4-07) Page 1 of 1 ENDORSEMENT National Casualty Company NO 0000 ATTACHM TO AND e=RSMENT ETFEME 441E FORMNGA PART OF (1201 AM STANDARDTIME) NAMED INSURED AGENT NO. POLICY NUNEER KK00000007443500 01/01/19 USASIMMMING, INC. DBA: USASIMMMING(SEE KR-SP--1) THIS EMDORSE_NENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY POIJCY CONDITIONS This endorsement modifies insurance provided under the following: CONNERCIAL GENERAL LIABILITY COVERAGE PART The Other Insurance condition of this Coverage Part is replaced by the provision marked below with an"X" in the box: Other Insurance If other valid and collectible insurance with any other insurer including any formal self-insured retention programs is available to you covering a loss also covered by this Coverage Part, other than insurance that is in'excess of the insurance afforded by this Coverage Part,the insurance afforded by this Coverage Part shall be in excess of and shall not contribute with such other insurance. Nothing herein shall be construed to make this insurance subject to the terms, conditions and limitations of other insurance. [j Coverage afforded under this Coverage Part is primary insurance and Other Insurance shall not apply as respects *SEE BELOW as additional insureds. -- - -The Cancellation condition of this Coverage Part is amended by the addition of the following if an "X" is in the box: LXJ Cancellation The following is added: It is a condition of the Policy by this Endorsement-that the Policy will not be can- - celled without 30 days' prior written notice to: *THOSE ENTITIES WHERE REQUIRED BY WRITTEN CONTRACT and further,that the person(s) named above are not liable for the payment of any premiums or assess- ments on this Policy. AUTHORIZED REPRESENTATIVE DATE KR-GL 79(4-07) Page 1 of 1 of PAtM sA City of Palm Springs P'c �'OD U Department of Parks Recreation �. * 401 S. Pavilion Way ■ Pahn Springs,CA 92262 Telephone: (760)323-8272 ■ FAX: (760) 323-8279 CqL I Fp{tNvP MEMORANDUM DATE: April 25, 2016 TO: David Ready, City Manager FROM: Vicki Oltean, Director, Parks and Recreation SUBJECT: PALM SPRINGS PIRANHAS (PSP) AGREEMENT EXTENSION Per the attached email,Jeff Conwell has asked for an extension of his agreement to keep his program going, but would like to see some adjustments put into place since the agreement was put into place by another Board and staff. Current agreement expired on December 31, 2015, however, at your discretion, the agreement could be extended for two additional 1-year terms. Per the agreement PSP pays $998 per month based on an average number of 100 swimmers. Should the number of swimmers exceed 100, as stated in Section 1.1 in the agreement, PSP shall notify the City so that an adjustment to the monthly fee can be made based on the Comprehensive Fee Schedule. PSP also pays a$1.25 per swimmer for swim meets requiring exclusive use of the pool, that involve four or more teams. Please let me know if you need any additional information. VICKI OLTEAN Director, Parks & Recreation 1 Vicki L. Oltean From: admin@piranhaswimteam.org Sent: Tuesday, March 08, 2016 6:02 AM To: Vicki L. Oltean; David Ready Subject: Re:AGREEMENT Vicki and David, We are very happy with our relationship with the City of Palm Springs and the facility and would like to continue. The current agreement is good and we can work with it but now may be the best time to make some adjustments as well. The contract was put in place by a board and staff that isn't around anymore and the direction of the team has not changed drastically but is different. We can easily work with what is in place. I think we are an asset to the community and have brought a lot in value back to the city by increasing the meets we host and number of swimmers. Last year we were able to bring Junior Olympics to town and are scheduled to do so again in 2016. The five meets we hosted last year brought in close to 15,000 participants, parents, coaches, and officials to town with an estimated 10,000 of them using hotels. We only list hotels within the city of Palm Springs in our meet info. In May a team from Pasadena came to our Memorial Day meet with 250 swimmers. Because it was a travel trip, I asked them to total up all receipts from money spent in the city and it was over$100,000 in hotel, restaurant,travel, and entertainment. We are content how things are but I would like to begin discussions on a new contract sometime soon. Jeff Conwell Sent from my iPhone On Feb 29, 2016, at 10:32 AM, Vicki L. Oltean <Vicki.Oltean@palmsprines-ca.aov>wrote: Good morning Jeff, I was going through the Piranhas file and realized that the Piranhas agreement with the City expired on December 31, 2015. There is a clause that says the City Manager at his discretion can extend the agreement for 2 1-year extensions, but that request must come from the Piranhas, which I have not received. Please let me know your intentions so we can get this resolved and moving forward. Thanks, Vicki Oltean Director, Parks& Recreation 1 AGREEMENT TO USE FACILITIES This Agreement to Use Facilities ("Agreement") is made and entered into this .� S7" day of r'EEBP_a.J A , 2011, by and between the City of Palm Springs ("City") and Palm Springs Piranhas ("PSP") with reference to that certain facility located at 405 South Pavilion Way in Palm Springs, California ("Facility"). The parties enter into this Agreement on the basis of the following facts and intentions: RECITALS WHEREAS, the City and PSP are mutually interested in providing quality recreational activities to all residents of Palm Springs; and WHEREAS, it is recognized that through a cooperative agreement between the City and PSP the community will be afforded the fulfillment of one of its recreational goals for citizens. NOW, THEREFORE, the City and PSP do hereby mutually agree as follows: 1. INTENT OF AGREEMENT 1.1 It is the intent of this Agreement to describe the responsibilities of the City and PSP in their cooperative effort to effectively promote and provide competitive swimming for an average of one hundred (100) youth and adults. 1.2 It is the intent of this Agreement that the City endorse and recognize PSP as its representative to United States Swimming events and local/regional invitational swim meets. 1.3 The parties agree that PSP may identify the City's Swim Center pool as its "home" pool for all swim meets held for or on behalf of PSP during the term of this Agreement. 1.4 It is the intent of this Agreement to solidify a supportive and working relationship between PSP and the City. 1.5 It is the intent of this Agreement that both the City and PSP acknowledge and direct their efforts toward the development of quality swim programs at the City's Swim Center. 2. AREAS OF RESPONSIBILITY 2.1 Fees and Charges 2.1.1 PSP agrees to pay the City for its use of the Swim Center pool on a monthly basis. The rates for both exclusive and 1 non-exclusive use of the Swim Center Pool vary based on the number of swimmers and are shown in Exhibit "Cl" "Comprehensive Fee Schedule". The fees shall be payable in advance on the first of each month and will increase, based on the number of swimmers pursuant to the rates identified in the City's Comprehensive Fee Schedule. Based on an average number of 100 swimmers, stated in Section 1.1, the monthly payment would be $998.00. The fee schedule has increased from a monthly payment of $665.00 for an average of 100 swimmers in the previous agreement. The new monthly fees will be phased in gradually over the next six months effective February 1, 2011. The phased in monthly payments based on an average of 100 swimmers are shown in Exhibit "C2". Should the number of swimmers exceed 100, as stated in Section 1.1 above at any time during the term of this Agreement, PSP shall notify City so that an adjustment to the monthly fee can be made. 2.1.2 For swim meets requiring exclusive use of the pool, that involve four or more teams, a $1.25-per-swimmer charge shall be paid to the City by PSP within sixty (60) days following the meet. 2.1.3 PSP shall pay $225 per month for office space at the Leisure Center. 2.2 Pool Use and Scheduling 2.2.1 The City shall make the Swim Center available on a shared, non- exclusive basis, which does not interfere with the City's other recreation programs. Notwithstanding the foregoing, it is implicit that PSP shall be permitted to utilize the Swim Center in accordance with the schedule below. This schedule is subject to change with the approval of the Contract Officer and in accordance with Section 2.2.2. The City has sole discretion to resolve all scheduling conflicts. The City shall act in a timely manner to resolve all scheduling conflicts. During high school water sports season, Palm Springs Unified School District's ("District") schools shall have priority use of the Swim Center. PSP TYPICAL PRACTICE SCHEDULE 5:00 a.m. to 7:00 a.m. Monday through Friday 3:30 p.m. to 7:30 p.m. Monday through Friday 7:00 a.m. to 10:00 a.m. Saturday The District's schedule is subject to changes which may affect PSP's use of the Swim Center pool. During the identified sessions above, PSP will have use of twelve (12) lanes at the Swim Center Pool. Also, PSP will have access to the baby pool area during regular workouts. At the discretion of City, PSP may be given 2 access to three (3) additional lanes if they are available. The lanes will be assigned by the City. During high school swim season, February 1 - April 30, PSP will have use of a minimum of nine (9) lanes. Additionally, at the discretion of the City, PSP may be given access to three (3) additional lanes, if available. The lanes will be assigned by the City. The above-listed times apply only to "short course" training. Priority will be given to the PSP for"long course" training May - August. 2.2.2 PSP must submit its seasonal practice schedule in writing at least thirty (30) days in advance of the beginning date of the schedule. 2.2.3 PSP shall submit a Facility Use Application form at least thirty (30) days prior to swim meets. The City agrees to make the pool available if such use does not impact on scheduled City programs or facility closures. Whenever possible, PSP shall try to accommodate joint use of pool for dual meets that are held at the Swim Center. 2.2.4 The City agrees to rent to PSP, at a minimal rate, the Pavilion kitchen, if available. The Facility Use Application form shall be submitted by PSP at least six (6) months prior to the swim meet. 2.2.5 PSP members shall not enter the Swim Center facility for meets or practices until a coach or designated PSP adult representative is on deck to supervise unless that PSP member has paid the public fee to use the pool. 2.2.6 When the Swim Center is closed for maintenance, the monthly rental rate will be prorated and adjusted accordingly. 2.3 Coaching Staff 2.3.1 PSP shall have complete responsibility for the control and supervision of its coaching staff. 2.3.2 PSP shall be responsible for the control and safety of its members and guests within the Swim Center. 2.3.3 It is the responsibility of PSP to insure that all coaching staff is currently certified in C.P.R., First Aid and lifeguard training. The United States Swimming Coach's Certification in First Aid can apply to this qualification. Proof of such certification must be presented by PSP to the City on a yearly basis. City will not provide lifeguard services for practice or swim meets. 3 2.3.4 Any person having supervisory or disciplinary authority over any minor member of PSP is subject to a criminal background screening as specified in California Public Resources Code Section 5154. Each PSP employee or volunteer having supervisory or disciplinary authority over any minor must complete the supplemental questions attached as Exhibit "A" and must concurrently submit to being fingerprinted. PSP must submit a completed copy of Exhibit "A" and arrange for the fingerprinting of each employee and volunteer before this Agreement may be executed by the City. The first year that the City performs the background screening for a particular individual; the screening shall include screening by the federal government. All subsequent years that the City is required to perform a background check on that same individual, the screening need only be performed by the state government. 2.3.5 PSP must provide the City with a list of its employees and/or volunteers who will have supervisory or disciplinary authority over any minors while at the Swim Center. A true and correct list of such employees as of the date of execution of this Agreement is attached hereto as Exhibit "B". Should PSP hire a new employee or volunteer who should be listed on Exhibit "B", PSP must notify City of this fact within one week and PSP must concurrently submit a completed copy of the questionnaire, attached as Exhibit "A" for the new person. 2.4 Equipment and Storage 2.4.1 City shall provide a storage area on a joint-use basis for PSP. PSP shall not hold the City liable for damages for theft of equipment or material stored on City property. 2.4.2 PSP shall install equipment necessary to conduct practice and swim meets, with the exception of starting blocks. In a like manner, PSP shall remove, in a timely fashion, all equipment that it installs to conduct practice and swim meets (with the exception of starting blocks). 2.4.3 PSP shall repair or replace, at its expense, damaged equipment if damage occurred as a result of negligence by PSP or its officers, employees, members or invitees. 2.4.4 The City shall repair or replace damaged equipment, if damaged other than by PSP, at City's expense. 2.4.5 PSP shall notify the City of any damaged equipment in need of repair. Should the City fail to make the requested repairs, PSP shall be held harmless from any claim filed against PSP for injury resulting from said damaged equipment. 4 resulting from said damaged equipment. 2.5 Swim Meets 2.5.1 PSP shall clean up all areas in and around the Swim Center that have been impacted by its use. The City shall coordinate with PSP arrangements for trash pickup and provide equipment/supplies to maintain the cleanliness of the surrounding area if trash pickup is not readily available during the time of the swim meet. 2.5.2 The Swim Center shall be closed to the public and all City programs whenever PSP uses the Swim Center for a meet. During this time, PSP accepts full responsibility for the control and safety of the general public, as well as PSP's members and guests. PSP shall provide a first aid kit and sufficient supplies to render first aid service during the time of the swim meet. The City shall provide access to back boards during the time of the scheduled swim meet. 2.5.3 PSP shall notify City of any dual meets that could allow safe access of the pool for joint use. The Swim Center staff and PSP are jointly responsible for the control and safety of swimmers as pool use is shared. 2.5.4 Following the completion of swim meets, PSP remains responsible for the control and safety of its guests and general public until the Swim Center is cleaned and the admission gates are locked by a PSP representative. 2.6 PSP Bylaws 2.6.1 PSP must maintain on file two (2) copies of its Articles of Incorporation, Bylaws, and Rules and Regulations with the City Clerk's office. Any revisions must be submitted to the Contract Officer prior to action by PSP's Board. 2.7 Capital Improvement Plan 2.7.1 The City has allocated $57,000 towards improvements to the Palm Springs Swim Center using State Park Bond Proposition 40 funds. Improvements to enhance the facility include but are not limited to electrical upgrades, pool lighting and platforms. A complete list of improvement items and costs is shown in Exhibit "D". 3. INSURANCE AND INDEMNIFICATION 3.1 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: 5 (a) 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. (b) Workers' Compensation Insurance. To the extent required by Labor Code § 3700, PSP shall procure and maintain workers' compensation insurance. 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, PSP shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 3.1 to the Contract Officer. PSP agrees that the provisions of this Section 3.1 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 of any person or persons for which PSP is otherwise responsible. 3.2 Indemnification PSP agrees to indemnify and defend the City, its officers, agents and employees against and shall hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claimed by any persons, firm or entity arising out of or in connection with the activities at the Facility of PSP, its agents, employees or invitees, or arising from the negligent acts or omissions of PSP, or arising from PSP'S negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: 4. WAIVER OF UTILITY FAILURE 4.1 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. 6 5. ENFORCEMENT OF AGREEMENT 5.1 California Law This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and PSP covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 5.2 Disputes In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of the section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or PSP's right to terminate this Agreement without cause pursuant to Section 5.8. 5.3 [Reserved] 5.4 Waiver No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 5.5 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be 7 exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 5.6 Legal Action In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy 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. 5.7 Termination Prior to Expiration of Term City reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days' written notice to PSP, except that where termination is due to the fault of PSP, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, PSP 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 PSP may determine. 5.8 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 may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs for 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 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 8 breach of any obligation of the terms of this Agreement. 6.2 Non-Liability of PSP Officers and Employees No officer or employee of PSP shall be personally liable to the City, or any successor in interest, in the event of any default or breach by PSP or for any amount that may become due to City or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement that affects his 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. 6.4 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 of persons 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. 7. MISCELLANEOUS PROVISIONS 7.1 Notice Any notice, demand, request, document, consent, approval or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P. O. Box 2743, Palm Springs, California 92263-2743, and, in the case of PSP, to the person at the address designated in Section 8.1. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this section. 7.2 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against 9 either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. 7.3 Integration; Amendment It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all 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 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 basic benefit of their bargain or renders this Agreement meaningless. 7.5 Corporate Authority The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. 8. COORDINATION 8.1 Representative of PSP PSP'S representative to coordinate with the City regarding operational matters is: President or Board of Directors' Designee Bill Wickham, President P.O. Box 140-104 Palm Springs, CA 92262 10 8.2 City Representative The City's shall assign a representative to coordinate with PSP regarding operational matters. 9. TERM 9.1 Unless earlier terminated in accordance with Section 5.7 of this Agreement, the term of this Agreement shall be for a period of five (5) years commencing on January 1, 2011 and terminating on December 31, 2015. At the discretion of the City Manager, this Agreement may be extended for two (2) one-year terms upon expiration of the original term. [Signatures on the Following Page] 11 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a municipal corporation By:�YA ity Clerk z p r ! David H. Rea City Manager "PSP" PALM RR G PI w • By. Tr Its: p, Approved as to Form: APPROVED BY CITY COUNCIL By: ity Attorne By: Legal Counsel for Palm Springs Piranhas 12 EXHIBIT "A" SUPPLEMENTAL QUESTIONNAIRE FOR PSP'S EMPLOYEES AND VOLUNTEERS WHO HAVE SUPERVISORY OR DISCIPLINARY AUTHORITY. "EXHIBIT A" Page 1 of 2 SUPPLEMENTAL QUESTIONNAIRE Pursuant to California Public Resources Code ¢'5164, this form must be completed by all applicants for positions involving supervisory or disciplinary authority over any minor. 10.14. Sodomy? ❑ 10.15. I...e1vd or lascivious acts or the solicitation of the same? ❑ 10,16. Oral copulation? ❑ 1.0.17, Continuous sexual abuse of a child? ❑ a 10.18, Forcible acts of sexual penetration or the solicitation of the same? ❑ ' 10.19. Selling,distributing. printing or exhibiting of child pornography? ❑ 10.20. Sexual exploitation of a child? ❑ 10.21. Employment or use of a minor to perform prohibited acts? ❑ 10.22. Advertising child pornography? ❑ State of California? CERTIFICATION OF APPLICANT 1 hereby certify that all responses herein are true and, t,and I understand and agree that any misstatement or omission of material fact may cause forfeiture on my par 1 loyment by this City, Signature: Cf r x "EXHIBIT A" Page 2 of 2 Thisfl8 m� i! �� 04 or jf` ° i,4 j I ',i''� iJ �i w Saf ral BSI I i /20v qq is a aaa0 meml 6 U him ng Membership Expires 12-31.2p10 DIRECT INSURANCE CORRESPONDENCE TO: USA Swimming 1 Olympic Plaza Colorado Springs,CO 80909-5770 719/866-4578 DIRECT REGISTRATION QUESTIONS TO: Southern California Swimming RO.Box 30530 Santa Barbara,CA 93130-0530 Email:scsmj@earthlink.net 800-824-6206.805-682-0135 USA Swimming registered coach members are covered with USA Swimming insurance(primary liability and excess accident medical,subject to a$100 deductible)when they are acting on behalf of and with the approval of USA swimming. "EXHIBIT A" Page 1 of 2 SUPPLEWNTAL QUESTIONNAIRE 1'ursuant to California Public Resources ("'ode §5164, this firm must he completed by all applicants.Jor positions involving supervisory or disciplinary authority over any minor. YES NO I. Have you ever been convicted of sexual assault or assault with intent to commit mayhem? ❑ YES NO 10.14. Sodomy? ❑ 10.15. Lewd or lascivious acts or the solicitation of the same? ❑ State of California? CERTIFICATION OF APPLICANT I hereby certify that all responses herein are true ands t, and I understand and agree that any misstatement or omission of material fact may`cause forfeiture on my part'o'all' oyment by this City. Date,)/,2 ( Signature: lrA > "EXHIBIT A" Page 2 of 2 "EXHIBIT A" Page 1 of 2 SUPPLEMENTAL QUESTIONNAIRE Pursuant to California Public Resources Code §5164, this form must be completed by all applicants for positions involving supervisory or disciplinary authority over any minor. YES NO 1. Have you ever been convicted of sexual assault or assault with intent to commit mayhem? ❑ commit rape, sodomy, lewd or lascivious acts,oral copulation,or forcible acts of sexual penetration? 10.2. Kidnapping for ransom? ❑ If yes,were you convicted of kidnapping for ransom or attempted kidnapping for ransom ❑ with the intent to commit rape, sodomy, lewd or lascivious acts,oral copulation,or forcible acts of sexual penetration? 10.3. Sexual battery? ❑ 10.4. Aiding,abetting or soliciting the rape,rape of a spouse,or forcible acts of sexual ❑ penetration? 10.5. Enticement of an unmarried minor female for purposes of prostitution? ❑ 10.6. Aiding 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 ❑ pretenses with the intent to create fear? 10.8. Pimping of a minor? ❑ 10.9. Pandering of a minor? ❑ 1.0,10. Procurement of a child under 16 years of age for lewd or lascivious acts? ❑ 10.11. Abduction(taking away)of a person under age 18 for purposes of prostitution? ❑ 10.12. Aggravated sexual assault of a child? ❑ 10.13. Incest? ❑ YES NO 10.14. Sodomy? ❑ 10.15. Lewd or lascivious acts or the solicitation of the same? ❑ ., 19. Have you ever been convicted of a crime that requires you to register as a sex offender in the ❑ State of California? CERTIFICATION OF APPLICANT 1 hereby certify that all responses herein are true and �ect, and I understand and agree that any misstatement or omission of material fact may cause forfeiture on my part of ri hts to ployment�, by City. Date:/ Signature: "EXHIBIT A" Page 2 of 2 �►l.me Schmitt P S P a1467AIMLSCMM Southern' 'Ca forn"Fa. 1 IFIrstAid 5- etyTlra�r` 10/13/Z'Q1 ` 12/31/2011 Add° 5 'rni;tt ( ,P <?�21��3��A1���I�M Sk7'�therla C����Pva`hl�r f'9Cho k: "EXHIBIT A" Page 1 of 2 SUPPLEMENTAL QUESTIONNAIRE Pursuant to California Public Resources Code §SI b4, this form must he completed by all applicants,for positioiis iiivolvii7g supervisory or disciplinary authority over any minor. YES NO 1. Have you ever been convicted of sexual assault or assault with intent to commit mayhem? ❑ 2. I lave you ever been convicted or unlawful sexual intercourse with a person under age 18? ❑ 3. Have you ever been convicted of rape? ❑ 4. Have you ever been convicted of the rape of a spouse? ❑ 5. Have you ever been convicted of willful harm or injury to a child? ❑ 10.14. Sodomy? ❑ 10.15. I..ewd or lascivious acts or the solicitation of the same? ❑ 10.16. Oral copulation? ❑ 1.0.17, Continuous sexual abuse of a child? 10.18. Forcible acts of sexual penetration or the solicitation of the same? ❑ 10.19. Selling, distributing, printing or exhibiting of child pornography? ❑ 10.20. Sexual exploitation of a child? ❑ 10.21. Employment or use of a minor to perform prohibited acts? ❑ \ 10.22. Advertising child pornography? ❑ � 10.23. Possession of child pornography? ❑ 10.24. Annoying or molesting a child under 18? ❑ 10.25. Solicitation of rape by force or violence,sodomy by force or violence,or oral ❑ copulation by force or violence? 10.26. Indecent exposure? ❑ 10.27, procuring,counseling,or assisting any person to commit indecent exposure? ❑ 10.28. Contributing to the delinquency of a minor? ❑ 10.29. Sending harmful material to a minor with the intent to seduce said minor? ❑ 11. Have you ever been convicted of armed robbery? ❑ 12. Have you ever been convicted of armed carjacking? ❑ 13. Have you ever been convicted of assault or attempted murder of a public official? ❑ � State of California.) CERTIFICATION OF APPLICANT I hereby certify that all responses herein are true and, "tand I understand and agree that any misstatement or omission of material fact may cause forfeiture o art nfAll,t� loyment by this City. fl� Date-,�` Signature: 0 r "EXHIBIT A" Page 2 of 2 l O Rozalynd McCree •Lj has completed the requirements for ✓� er .0 CPR/AED for the Professional Rescuer Riverside County Chapter Q Holder's Signature conducted by Lifeline Health Education Date Completed lE l 0 s mak N..653990;R—-5/001 - The American Red Cross recognizes this certificate as valid for 2 year(s)from completion date. ......_.............. Chdinnan, Americ n Kc4(:rms This recognizes that Instructor's Sigtianir H Raxalynd McCree ' ,C V a has completed the requirements for Cha>ter Riverside County Chapter fi Standard First Aid Q do ' conducted by ti Holder's Signature. Lifeline Health Education Date completed 10/23/2010 Cert.653999(Rev-Oct.2001) The Amerium RV Cross recognizes[his certificate as Valid for vear(s)from completion date. r n OQ � r Ogl Your background screening was performed on:2010-05-20 00:23:01 USA Your screening confirmation number is:14470207113 wrarx aq The status of your background screening Is: 6q,rprow xd Rgza1 nd MCCree Please print this page as confirmation that you have completed your background screening.This receipt is proof Y that you have initiated the screening process. Yucca Valley, CA 92284 MEMBER ID 11820 t�..._.,..,...w.,...User Name:two roz Screening Status: Renew tour�, inbershi Member Tools • Logouf • Change My Password sand/or Entail Search History 0 2010-05-20 00:23:01 Copyright 2002-2010,TC IogiQ,Inc. r https://www,tclogiq.com/individual/clientinterfacel.php Page 1 of 1 EXHIBIT "B" LIST OF PSP'S EMPLOYEES AND VOLUNTEERS WHO HAVE SUPERVISORY OR DISCIPLINARY AUTHORITY. 1. k A �c�ac� "EXHIBIT B" Page 1 of 1 EXHIBIT "Cl" COMPREHENSIVE FEE SCHEDULE Non-Exclusive Use of Previous Fee Current Fee Pool 1-25 Swimmers $166/month $249/month 26-50 Swimmers $333/month $499/month 51-75 Swimmers $499/month $748/month 76-100 Swimmers $665/month $998/month 101-125 Swimmers $1248/month 126-150 Swimmers $1498/month 151-175 Swimmers $1748/month 176-200 Swimmers $1998/month Above 200 Swimmers $7/swimmer/month Exclusive Use of Pool $1.25/swimmer per meet EXHIBIT "C2" TRANSITIONAL FEE SCHEDULE-FEBRUARY THROUGH JULY 2011 Based on Average of 100 Swimmers Month Fee February $720.50 March $776.00 April $831.50 May $887.00 June $942.50 Jul $998.00 Starting in August 2011 and beyond, the monthly fee shall be based on the Comprehensive Fee Schedule shown in Exhibit "Cl". EXHIBIT "D" CAPITAL IMPROVEMENT PLAN Palm Springs Swim Center Enhancements Improvement Item Cost Competitor Lane Lines $7,665.00 Paragon Large Lane Reels and Covers _$4,100.00 Track Start Quick Set Platforms . $17,320.00 IntelliBrite White LED Underwater Lights $17,655.00 Guard Tower $3,200.00 Colorado Timing System 10-line $20,000.00 Shade Structure for Locker Rooms and Shower Areas $5,000.00 TOTAL $57,285.00