Loading...
HomeMy WebLinkAbout06022 - RAYCHO AND DENIZA HRISTOV AS PALM SPRINGS GYMNASTICS FACILITY USE AT 3601 MESQUITE AVE AGREEMENT TO USE FACILITIES This Agree pent to Use Facilities("Agreement")is made and entered into this�_day of , 201D__, by and between the City of Palm Springs ("City") and Raycho a d Deniza Hristov("Palm Springs Gymnastics")with reference to that certain facility located at 3601 East Mesquite Avenue 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 Palm Springs Gymnastics are mutually interested in providing needed amenities and community services to all residents of Palm Springs; and WHEREAS, it is recognized that,through this agreement, Palm Springs Gymnastics will be afforded the opportunity, on the same basis as other lawful users, to provide services, including sports and recreation classes desired by the Community. NOW, THEREFORE, the City and Palm Springs Gymnastics 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 Palm Springs Gymnastics with reference to Palm Springs Gymnastics' provision of services, including gymnastics classes, desired by the residents of Palm Springs and surrounding communities. 2. AREAS OF RESPONSIBILITY 2.1 Facility Use and Scheduling 2.1.1 The City shall make available to Palm Springs Gymnastics full access to gymnasium during the scheduled gymnastics classes as outlined in Exhibit D. 2.1.2 Palm Springs Gymnastics staff may use the kitchen/food service preparation area located on the first floor of the Facility. Users are required to clean up after themselves. 2.2 Security and Access 2.2.1 Any person having supervisory or disciplinary authority over any minor is subject to a criminal background screening as specified in California Public Resources Code Section 5164. Each 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. Palm Springs Gymnastics must submit a completed copy of Exhibit"A"and arrange 1 for the fingerprinting of each employee and volunteer before this Agreement may be executed by the City. The first year that the City requires the background screening for a particular individual, the screening shall include screening by the federal government. All subsequent years that the City requires a background check on that same individual, the screening need only be performed by the state government. 2.2.2 [Reserved] 2.3 Fees and Charges for Facility Use Palm Springs Gymnastics agrees to pay the City $250.00 on or before the first of every month to continue using the Facility. An additional late charge of$35 shall be due on all late payments. 2.4 Personal Property. Gymnastics equipment shall be stored in a locked walk-in closet located at the south end of the gymnasium. City shall unlock the closet prior to gymnastics classes and secure the area following classes when the equipment is returned. 2.5 Mailbox Palm Springs Gymnastics has a designated mail slot/inbox at the front reception counter area of the Facility. 2.6 Utilities Palm Springs Gymnastics is responsible for establishing telephone . lines, in separate accounts from the City, and is responsible for payment of monthly accounts related to these services 2 3. INSURANCE AND INDEMNIFICATION 3.1 Palm Springs Gymnastics 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 § 3700, Palm Springs Gymnastics 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, Palm Springs Gymnastics shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 3.1 to the Contract Officer. Palm Springs Gymnastics agrees that the provisions of this Section 3.1 shall not be construed as limiting in any way the extent to which Palm Springs Gymnastics may be held responsible for the payment of damages to any persons or property resulting from Palm Springs Gymnastics'activities or the activities of any person or persons for which Palm Springs Gymnastics is otherwise responsible. 3.2 Indemnification Palm Springs Gymnastics 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 Palm Springs Gymnastics, its agents, employees or invitees, or arising from the negligent acts or omissions of Palm Springs Gymnastics, or arising from Palm Springs Gymnastics' negligent performance of orfailure 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 3 responsible to the City, and in connection therewith: 4. WAIVER OF UTILITY FAILURE 4.1 Palm Springs Gymnastics 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 Palm Springs Gymnastics 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 Palm Springs Gymnastics 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 (1 0) 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 Palm Springs Gymnastics' 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 4 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 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 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 sixty (60) days' written notice to Palm Springs Gymnastics, except that where termination is due to the fault of Palm Springs Gymnastics, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, Palm Springs Gymnastics 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 Palm Springs Gymnastics 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 5 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 Palm Springs Gymnastics, 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 Palm Springs Gymnastics or to its successor, or for breach of any obligation of the terms of this Agreement. 6.2 Non-Liability of Palm Springs Gymnastics Officers and Employees No officer or employee of Palm Springs Gymnastics shall be personally liable to the City, or any successor in interest, in the event of any default or breach by Palm Springs Gymnastics 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. Palm Springs Gymnastics 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 Palm Springs Gymnastics 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 6 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 Palm Springs Gymnastics, 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 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. 7 8. COORDINATION 8.1 Representative of Palm Springs Gymnastics Palm Springs Gymnastics' representative to coordinate with the City regarding operational matters is: Raycho and Deniza Hristov 36950 Ferber Drive Rancho Mirage, CA 92270 Telephone: 760-449-7878 8.2 City Representative The City's shall assign a representative to coordinate with Palm Springs Gymnastics regarding operational matters. 9. TERM 9.1 Unless earlier terminated in accordance with Section 5.7 of this Agreement, this Agreement shall continue in full force and effect for a period of one (1) year beginning July 1, 2010 and ending June 30, 2011. [Signatures on the Following Page] 8 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 ity Clerk [1 David H. Ready City Manager PALM S TICS X3 TO FORM By. o Hrystov, Chief Instructor gy. Deniza H stov, Chief Instructor APPROVED BY CITY IAA,MER 9 "EXHIBIT A" Page I of 2 SUPPLEMENTAL QUESTIONNAIRE Pursuant to California Public Resources Code§5164, this farm 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? ❑ l 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 spousefi - ❑ (� 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? ❑ 11 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 ❑ �7 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? ❑ J,>f•1 10.6. Aiding and abetting the enticement of an unmarried minor female for purposes of ❑ J2 prostitution? 10.7. Inducing sexual intercourse with another when the other's consent is procured by false Clh9 pretenses with the intent to create fear? 10,8. Pimping of a minor? ❑ [l 10.9. Pandering of a minor? ❑ @f 10.10, Procurement of a child under 16 years of age for lewd or lascivious acts? ❑ 10.11. Abduction(taking away)of a person under age 18 for purposes of prostitution? ❑ 10.12. Aggravated sexual assault of a child? ❑ 10.13, Incest? ❑ YES NO 10.14. Sodomy? ❑ z 10.15, Lewd or lascivious acts or the solicitation of the same? ❑ 10.16. Oral copulation? ❑ 191 10.17, Continuous sexual abuse of a child? ❑ W1 10.18. Forcible acts of sexual penetration or the solicitation of the same? ❑ J1 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? ❑ J� 10.23. Possession of child pornography? ❑ ]� 10.24. Annoying or molesting a child under IS? ❑ 10.25. Solicitation of rape by force or violence,sodomy by force or violence,or oral ❑ Jd copulation by force or violence? 10.26. Indecent exposure? ❑ R1 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? ❑ OR 11. Have you ever been convicted of armed robbery? ❑ k?`I 12. Have you ever been convicted of armed carjacking? ❑ 13. Have you ever been convicted of assault or attempted murder of a public official? ❑ I�1 14. Have you ever been convicted of false imprisonment? ❑ �1 15. Have you ever been convicted of assault? ❑ 16. Have you ever been convicted of battery? ❑ 9 17. Have you ever been convicted of murder? ❑ )d 18. Have you ever been convicted of mayhem? ❑ 19. Have you ever been convicted of a crime that requires you to register as a sex offender in the ❑ State of California? CERTIFICATION OF APPLICANT I hereby certify that all responses herein are true and correct,and I understand and agree that any misstatement or omission of material fact may cause forfeiture on my part of all rights to employment by this City. A. Date:1,'l 36. O Signature: "EXHIBIT A" Page 2 of 2 ............................... .111--------------------------------------------- ----------- "E=BIT A" Page I of 2 SUPPLEMENTAL QUESTIONNAIRE Pursuant to California Public Resources Code§5164, this farm 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? 0 2. Have you ever been convicted or unlawful sexual intercourse with a person under age 18? 11 3. Have you ever been convicted of rape? El 4- Have you ever been convicted of the rape of a spouse? 0 JAL 5. Have you ever been convicted of willful harm or injury to a child? 0 A 6. Have you ever been convicted of child endangerment? 0 R 7. Have you ever been convicted of corporal punishment or injury to a child? 0 J9 S. Have you ever been convicted or willful infliction of corporal injury to a spouse,former El 01 spouse,cohabitant,or mother or father of your child? 9. Have you ever been convicted of any sexual crime or offense? E3 09 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? 0 If Yes,were you convicted of kidnapping or attempted kidnapping with the intent to 11 commit rape,sodomy,lewd or lascivious acts,oral copulation,or forcible acts of sexual penetration? 10.2. Kidnapping for ransom? 0 If yes,were you convicted of kidnapping for ransom or attempted kidnapping for ransom 0 19 with the intent to commit rape,sodomy,lewd or lascivious acts,oral copulation,or forcible acts of sexual penetration? 10.3. Sexual battery? 0 104. AUffig,abetting or soliciting the rape,rape of a spouse,or forcible acts of sexual 0 181 penetration? 10.5. Enticement of an unmarried minor female for purposes of prostitution? El ER 10.6. Aiding and abetting the enticement of an unmarried minor female for purposes of 13 a prostitution? 10.7. Inducing sexual intercourse with another when the other's consent is procured by false El Ik pretenses with the intent to create fear? 10.8. Pimping of a rninor? 0 10.9. Pandering of a minor? 0 10,10. Procurement of a child under 16 years of age for lewd or lascivious acts? 0 10,11. Abduction(taking away)of a person under age 18 for purposes of prostitution? 13 10.12. Aggravated sexual assault of a child? 0 10.13. Incest? 0 i YES NO 10.I4. Sodomy? ❑ a 10.1 S. Lewd or lascivious acts or the solicitation of the same? ❑ 2 10.16, Oral copulation? ❑ 10.17. 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? ❑ 1: 12. Have you ever been convicted of armed carjacking? ❑ 13. Have you ever been convicted of assault or attempted murder of a public official? ❑ 14. Have you ever been convicted of false imprisonment? ❑ 15. Have you ever been convicted of assault? ❑ 16. Have you ever been convicted of battery? ❑ 17, Have you ever been convicted of murder? ❑ 18. Have you ever been convicted of mayhem? ❑ 19. Have you ever been convicted of a crime that requires you to register as a sex offender in the ❑ State of California? CERTIFICATION OF APPLICANT l hereby certify that all responses her in a true and correct,and 1 understand and agree that any misstatement or omission of material fact may cause forfeiture on art f a I "ghts to ployment by this City. Dater Signature: ,i "EXHIBIT A" Page 2 of 2 EXHIBIT "B" LIST OF PALM SPRINGS GYMNASTICS' EMPLOYEES AND VOLUNTEERS WHO HAVE SUPERVISORY OR DISCIPLINARY AUTHORITY. Raycho Hristov Deniza Hristov "EXHIBIT B" Page 1 of 1 EXHIBIT "C" RULES AND REGULATIONS 1. As between the City and the Tenant, the Tenant is responsible for maintaining the security of attendees and parked vehicles at the Facility through its own efforts, within the scope of the Tenant's exclusive use of the Facility or any portion thereof. 2. All of Tenant's refuse and rubbish shall be removed on a regular basis at Tenant's sole cost and expense. Tenant shall not place any rubbish or other matter outside any building within the Facility, except in such containers as are authorized from time to time by the City. 3. No radio or television or other similar device audible outside the facility shall be installed without obtaining in each instance the written consent of the City. No aerial shall be erected on the roof, exterior walls or grounds of the Facility without first obtaining in each instance the written consent of the City which consent shall not be unreasonably withheld or delayed. Any aerial so installed without such written consent shall be subject to removal without notice at any time. 4. No loudspeakers,televisions, phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside of the Facility without complying with the provisions of the City's Noise Ordinance. 5. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 6. Tenant will not allow animals, except seeing-eye dogs, in, about or upon the Premises. EXHIBIT "D" CLASS SCHEDULE Thursday 3:30 p.m. to 6:30 p.m. Saturday 9:00 a.m. to 12:00 noon Optional: Wednesday 3:30 p.m. to 6:30 p.m.