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HomeMy WebLinkAbout04436 - AYSO AMERICAN YOUTH SOCCER ORGANIZATION DEMUTH PARK USE Page 1 of 1 Kathie Hart From: Jay Thompson Sent: March 10, 2006 11:03 AM To: Kathie Hart Cc: Scott Mikesell Subject: Close Contract Please close Agreement No. 4436 AYSO per Scott Miksell. THANKS, Jay 1� 03/10/06 AYso • Demuth Park Use AGREEMENT #4436 AGREEMENT 1406931, 12-19-01 This A_rg�eement, hereinafter referred to as "Agreement," made and entered into this " day of z ' . 200'11,:between the City of Palm Springs, California, hereinafter referred to as "City," and the American Youth Soccer Organization, hereinafter referred to as "AYSO." Whereas the City and AYSO are mutually interested in providing quality recreational activities for the youth of Palm Springs; and Whereas the City and AYSO desire to undertake an effort through fulfillment of these goals; and Whereas it is recognized that through a cooperative agreement between the City and AYSO, the community will be afforded the fulfillment of a major recreational goal for youth. Now, therefore, the City and AYSO 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 AYSO in their cooperative effort to effectively promote and provide soccer for the youth of Palm Springs. 2. AREAS OF RESPONSIBILITY 2.1 Field Use and Scheduling 2.1.1 The City shall make available to AYSO seven (7) soccer fields located at DeMuth Park(collectively"City Facilities") from the last week in August through February from 3:00 p.m. to 10:00 p.m., Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday. 2.1.2 Off-season use shall be requested on a separate Facility Use Application and submitted to the City's Recreation Manager one (1) month prior to use. 2.1.3 AYSO must inform the City if it intends to operate the concession at DeMuth Park or if it will have a concessionaire operate the facility for it. The concessionaire must be approved by the City and must have a City business license. AYSO will pay a concession fee of One Thousand Dollars ($1,000) per year to the City, due and payable on October 1 of each year. This concession payment will be spent on improvements to the concession stand. hnprovements will be mutually agreed upon by City and AYSO in advance of any expenditure commitment. 1Gdg'',:i�12 ''e'-1'.., fl� AGREEMENT City and AYSO 2.2 Membership, Registration and Bylaws 2.2.1 AYSO must insure that its program is conducted in accordance with the Region 80 Regional Guidelines. It shall be the responsibility of the City to investigate concerns or complaints regarding violation of the statements and take appropriate action. 2.2.2 The City recommends that all coaching staff, referees and board members be currently certified in cardiopulmonary resuscitation and first aid. 2.2.3 Volunteer coaches will undergo training in the basics of coaching children to ensure they understand the important role they play in providing a safe and fun experience. Parents will be required to attend a sportsmanship training program so that proper conduct can be defined and they have a clear outline of roles and responsibilities. Parents must sign and agree to abide by the "Kids Zone Parent Pledge" (copy attached). 2.3 Playing Equipment 2.3.1 AYSO shall provide, at its sole cost and expense, safety equipment that is reasonably adequate to protect users of the City Facilities from injuries arising from AYSO' activities under this Agreement. 2.3.2 AYSO shall pay for and assutne full responsibility for all supplies, equipment and uniforms relating to the program. 2.4 Compliance with Park Rules and Regulations 2.4.1 AYSO agrees to support the City by informing its participants of, and making its best efforts to assure that its participants adhere to, park rules and regulations (Chapter 11.44 of the Palm Springs Municipal Code). 2.4.2 An adult designated by AYSO, who shall be qualified to supervise youth activities, shall be present at all practices and games to enforce park rules and regulations. 2 AGREEMENT City and AYSO 2.5 Field Maintenance, Preparation and Utilities 2.5.1 The City's Parks Division shall annually prepare the fields for play before the first (1st) week in September (including the installation of the center field goal posts at DeMuth Park). 2.5.2 The City shall regularly water the playing fields, maintain the lawn areas and repair potholes. Failure of the City to perform the duties under this Section 2.5.2 shall not, however, be construed as a default hereunder or subject the City to any liability to AYSO or any users of the City Facilities. 2.5.3 The City shall pay for the electrical power to light the fields for practice and league games. The City shall also replace and realign the field lights as needed. 2.5.4 AYSO shall purchase and store chemicals required to line fields. 2.6 Communications 2.6.1 The City's assigned representative shall act as a resource liaison between the City and the AYSO person concerning City Facilities operational matters. 2.6.2 AYSO shall provide the City annually with current AYSO rules and regulations. 2.7 Program Evaluation 2.7.1 AYSO agrees to provide the City with information necessary to monitor and evaluate AYSO's compliance with this Agreement. 2.7.2 Program evaluation shall occur as needed throughout the season and formally at the conclusion of the season. 3 AGREEMENT City and AYSO 2.8 Compensation for Park Use 2.8.1 For use of the fields, AYSO shall make compensation to the City a percentage of its registration fees, in accordance with the following payment schedule: Year 1: 18.0% due October 1, 2002 Year 2: 18.0% due October 1, 2003 Year 3: 18.0% due October 1, 2004 3. INSURANCE AND INDEMNIFICATION 3.1 AYSO 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) Worker's Compensation Insurance. In the event AYSO hires any employees so defined in the Labor Code's Worker's Compensation Section, a policy of worker's compensation insurance shall be procured and maintained in such amount as will fully comply with the laws of the State of California and that shall indemnify, insure and provide legal defense for both AYSO and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by AYSO in the course of carrying out the work or services contemplated in this Agreement. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days' prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, AYSO shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 3.1 to the Contract Officer. 4 AGREEMENT City and AYSO No work or services under this Agreement shall commence until AYSO has provided City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City. AYSO agrees that the provisions of this Section 3.1 shall not be construed as limiting in any way the extent to which AYSO may be held responsible for the payment of damages to any persons or property resulting from AYSO's activities or the activities of any person or persons for which AYSO is otherwise responsible. In the event AYSO subcontracts any portion of the work in compliance with Section 8.4 of this Agreement, the contract between AYSO and such subcontractor shall require the subcontractor to maintain the same policies of insurance that AYSO is required to maintain pursuant to this Section 3.1. 3.2 Sufficiency of Insurer or Surety Insurance of bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Re i�ster, and only if they are of a financial category Class VII or better,unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, AYSO agrees that the minimum limits of the insurance policies and the performance bond required by this Section 3 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that AYSO shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 5 AGREEMENT City and AYSO 3.3 Indemnification AYSO agrees to indemnify 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 Inabilities (herein "claims or liabilities") that may be asserted or claimed by any persons, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of AYSO, its agents, employees, subcontractors or invitees provided for herein, or arising from the negligent acts or omissions of AYSO hereunder, or arising from AYSO'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: 3.3.1 AYSO shall defend any action or actions filed in connection with any of said claims or liabilities and shall pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; 3.3.2 AYSO shall promptly pay any judgment rendered against the City, its officers, agents or employees for any claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of AYSO hereunder; and AYSO agrees to save and hold the City, its officers, agents and employees harmless therefrom; 3.3.3 In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against AYSO for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of AYSO hereunder and there are no allegations that the City, its officers, agents or employees were actively negligent, AYSO agrees to pay City, its officers, agents or employees any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys' fees. 6 i • AGREEMENT City and AYSO 4. WAIVER OF UTILITY FAILURE 4.1 AYSO 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 DeMuth Park with respect to the loss of these fields for AYSO 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 AYSO 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 AYSO's right to terminate this Agreement without cause pursuant to Section 5.8. 7 AGREEMENT City and AYSO 5.3 Retention of Funds AYSO hereby authorizes City to deduct from any amount payable to AYSO (whether or not arising out of this Agreement) (i) any amounts, the payment of which may be in dispute hereunder or which are necessary to compensate City, for any losses, costs, liabilities or damages suffered by City, and (ii) all amounts for which City may be liable to third parties by reason of AYSO's acts or omissions in performing or failing to perform AYSO's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by AYSO, or any indebtedness shall exist that shall appear to be the basis for a claim or lien, City may withhold from any payment due, without liability for interest because of such withholding, any amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of AYSO to insure, indemnify and protect City as elsewhere provided herein. 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 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. 8 AGREEMENT City and AYSO 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 anytime,with or without cause,upon thirty(30)days' written notice to AYSO,except,that where termination is due to the fault of AYSO, the period of notice may be much shorter time as may be determined by the Contract Officer. If City elects to terminate this Agreement under this section, AYSO is entitled to reimbursement of a pro-rated amount of the annual park use compensation. In addition,AYSO 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 AYSO 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. 9 AGREEMENT City and AYSO 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 AYSO, 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 AYSO or to its successor, or for breach of any obligation of the terms of this Agreement. 6.2 Non-Liability of AYSO Officers and Employees No officer or employee of AYSO shall be personally liable to the City, or any successor in interest, in the event of any default or breach by AYSO 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. AYSO 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 AYSO covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. 7. MISCELLANEOUS PROVIISIONS 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 10 AGREEMENT City and AYSO Officer, CITY OF PALM SPRINGS, P. O. Box 2743, Palm Springs, California 92263-2743, and, in the case of AYSO, to the person at the address designated on the execution page of this Agreement. 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 terns 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 provision 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. 11 AGREEMENT City and AYSO 8. COORDINATION OF WORK 8.1 Representative of AYSO The following principals of AYSO are hereby designated as being the principals and representatives of AYSO, authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Jim Engel, Regional Commissioner 68-310 Tortuga Cathedral City, CA 92234 8.2 Contract Officer The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be AYSO's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and AYSO shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall need the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 8.3 Prohibition Against Subcontracting or Assignment The experience, knowledge, capability and reputation of AYSO, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, AYSO shall not contract with any other entity to perform, in whole or in part, the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of AYSO, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release AYSO or any surety of AYSO of any liability hereunder without the express consent of City. 8.4 Independent Contractor Neither City nor any of its employees shall have any control over the manner, mode or means by which AYSO, its agents or employees, perform the services 12 AGREEMENT City and AYSO required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of AYSO's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. AYSO shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. AYSO shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of AYSO in its business or otherwise or a joint venturer or a member of any joint enterprise with AYSO. 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 not exceeding three (3) years from the date hereof, except as otherwise provided. 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 City Clerk City Manager APPROVED AS TO FORM: PALM SPRINGS AYSO RUTANTL�CK'ER By (1,/Bodrd Mep�ler R ; City ACtoru6y Board�Ivlember � . ✓ ��s Bye Board,Me (ger% 2 S :fPi t7 rrf,�L'at�1 � 75 By" ' W � Board Ivtember r 13 0 0 City of Palm Springs 'N Office of the City Clerk (760) 323-8204 Y • oe�oeA*to C�C/Ft7RN\� MEMORANDUM Date: July 29, 2002 To: Vicki Oltean—Parks &Recreation From: City Clerk RE: AYSO—A4436 Attached are three copies of the above mentioned agreement between AYSO and the City of Palm Springs, approved by City Council on December 19, 2001,by M06981. A copy has been sent to Finance. PATRICIA A. SANDERS City Cleric Attached cc: Finance 04/29/03 '1UC 11:09 FAX 760 322 5121 TUVERSON & HILLYARD PS C> 002 AcoRD CERTIFICATE OF LIABILITY INSUR NCF,,,,CSR C> °A (MMloom) R-71 06/04/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hollinger, Inc- HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR 030 Morris Turnpike ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Short Hills Nil' 07078-5000 Phone: 800-526-1379 Fax:973-921-2876 INSURERS AFFORDING COVERAGE INSURED INSURER A: Markel Insurance Company _ INSURER B; Poo les Benefit Life In, Co. 15 AM American Yout1{ Soccer Orgganization ( Alain Le Cc msuRERc: 12501 S Isis Avenue INSURERD Hawthorne CA 90250 ---- INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANUINC ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR TYPEOFINSORANCE POLICY NUMBER DATE MMIDOIYY DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIALGL•NERALLIABILRY 3602AH227369-1 09/01/02 09/01/03 FIRE DAMAGE(Any one fire) $ 1,000,000 CLAIMS MADE OX OCCUR MED eXP(Anyone peon) $5,000 X Incl Participant9 PERSONAL a AOV INJURY $1 000 000 GENERALAGGREGATE s3,000,000 GFNI AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMPIOP AGO 53,000,000 POLICY PR0- JEC7 71 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea atcitlenl) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS Tor wwn) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per AmIdenl) S (PROPERTY OPRT IjPJMAGE S - -- GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EAACC 5 AUTO ONLY AGG S EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ _ 5 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORYLIM ITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT & E.L.DISEASE-EA EMPLOYEE S 9.1- DISEASE-POLICY LIMIT 3 OTHER B Accident Insurance PST2422W 09/01/02 09/01/03 Mad Max: $50,000 Full Excess I I I Ded: $100 CESCRIPTION OP OPPRATIONSILOCAMONSNEHICLES/EXCLUSIONS ADDED RY ENDORSEMENINSPECIAL PROVISIONS Certificate Holder is named as an additional insured but only with respect to sponsored and supervised activities of AYSO. Region: 80 CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CTYPO10 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RECANCELLED BEFORE THE EXPIRAnO DATETHEREOP,THE ISSUING INSURER WILL ENDFAVORTO MAIL 31 DAYSWRITTMN City of Palm Springs NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,OUT FAILURE TO DO SO SHALL V1oki Oltean IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON T14E INSURER,ITS AGENTS OR 401 S. Pavilion Way Palm Springs CA 92262 REPRESENTATIVES. AUYHORITD°REPRESENYgY1VE ACORD 25-S(7/97) ACORD CORPORATION 1988 �A c1A Uc 5 : 11 YM 176034142 003 - — . RATE ACORD_ ::( :{C :; 1 � � �;N4.S* 03/21/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bollinger, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 830 Morris Turnpike ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Short Hills NJ 07078-5000 COMPANIES AFFORDING COVERAGE John T. Spiotta COMPANY _ Phone No 800-526-1379 FuNn 973-921-2876 A Markel Insurance Company INSURED COMPANY B Peoples Benefit Life Ins. Co. '��_ American Youth Soccer COMPANY c� Organization / Alain Le Coz C 12501 S Isis Ave CO~ Hawthorne CA 90250 D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTNE POUCYEXPIRATON LTR TYPE OF INSURANCE POLICY NUMBER DAM(M=Drm DATE(MMmDm1 UMFIS GENERAI-LABILW GENERALAGGREGATE $ 3,000,000 A Z CCMMERCLALGENERAI.LLASIUTY 3602AR227369-0 09/01/01 09/01/02 PRODUCTS-COMRADE AGO $ 3,000,000 CLAIMS MADE ®OCCUR PERSONAL&AOVINJURY S1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S1,000,000 Z Incl Participants FIRED GE(My one fire) $ 1,000,000 MEO ENP(Ary one Person) $ 5 00-0 AUTOMOBILE UPSILTIV ANvauTD COMBINED SINGLE LIMIT $ ALLOWNEDAUTOS BODILVIN $ SCHEDULED AlIf05 (Per person) HIRED AUTOS SOOILYINIURY S NOµGWNEDAUTOS (Peracciden[) PROPERTY DAMAGE $ GARAGE UABWTY AUTO ONLY-EAACGIOENT $ ANYAUTO OTHER1H4NAU- ONLY' EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLAFORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATI- OTi- EMPLOYERS'LUBILY TORY LIMBS ERIT ELEACH ACCIDENT F THE PROPRIETOR/ INCL PARTNERSIEXECUTIV'c EL DISEASE-POUCV 4MR $ OFFICERSATE EXCL I I EL DISEASE-EA EMPLOYEE S OTHER B Accident Insurance PST2422V 09/01/01 09/01/02 Red Max: 450,000 Full Excess Di $100 DESCRIPTION OF OPERATION52OCAT ONSMHICLESISPECIA-ITEMS 0080 Certificate Holder is named as an additional insured but only with respect to sponsored and supervised activities of AYSO. @ER71F1CATEHOLDER . . - CANOELLATION 0080PAL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAL ity of Palm Springs 30 DAYS WRITTEN NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT, C 3200 Tahquitz Canyon Way BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATON OR LIASILNY Palm Springs CA 92262 OF ANY NNO UPON THE COMPANY ITS AGENTS OR REPRESENTATNES ACORD 255('4195} IN 19a8: i _ C0110dCIAL GENERAL LIABILITY COVE#L PART DECLARATIONS Policy No. F 0157 Q 520332 Effective Date: 0612212001 r* 12:01 A.M.,Standard Time LIMITS OF INSURANCE General Aggregate Limit(Other Than Products--Completed Operations) $ 1, 000,000.00 Products--Completed Operations Aggregate Limit $ SEE 13G-G-173 Personal and Advertising injury Limit $ 1,000, 000.00 Each Occurrence Limit $ 1,000, 000.00 Fire Damage Limit $ 100,000.00 Any One Fire Medical Expense Limit $ 5,000.00 Any One Person RETROACTIVE DAE(CG 00 02 only) Coverage A of this insurance does not apply to "bodily injury" or"property damage" which occurs before the Retroactive Date,if any, Shown here: NONE (Enter Date or "None" if no Retroactive Date applies) BUSINESS DESCRIPTION AND LOCATION OF PREMISES Form of Business: ❑ Individual ❑ Joint Venture ❑ Partnership X❑ Organization(Other than Partnership or Joint Venture) Busniess Description': NONPROFIT ORGANIZATION Location of All Premises You Own,Rent or Occupy: 4200 MESQUITE ROAD ,, PALM SPRINGS,CA 92264 V' PREMIUM RATE ADVANCE PREMIUM Classification Code No. Premium Basis MCO All Other Pr/Co All Other CLUBS-CIVIC,SERVICEOR SOCIAL-NO 41670 15 INCLUDE➢ 1.257 $ INCLUDED S 496.00 BUILDINGS OR PREMISES OWNED OR LEASED Prom Bevis: PER MEMBER M.P. EXCEPT FOR OFFICE PURPOSES- NOT-FOR-PROFIT ONLY-INCLUDING PRODUCTS AND/OR COMPLETED OPERATIONS. THESE PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT, S S Prom Basis: S S Pre.Basis: Total Advance Premium $ 0-00 S 496-OD FORMS AND ENDORSEMENTS (Other than applicable Forms and Endorsements shown elsewhere in the policy) Forms and Endorsements apply to this Coverage Part and made part of this policy at time of issue: CG 00 01 07 98,BG-C-3-CA 05-00,BG-G-066 04 92 BG-G-139 09 99.BG-G-173 02 95. CG 20 02 11 85.IFG-G-0036 03-01 lnfiumation onriued if shown elsewhere in the policy. " Inclusion of date optional. THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CLI 50 (Ed. 11-8E) Includes Copyrighted material of insurance Services Office, Inc. with its permission. Copyright,insurance Service Office,Inc.. 1983. 1984 PRODUCER FIRST FWNCIAL INSURAN00 COMPANY 238 INTERNATIONAL ROAD BURLINGTON,NORTH CAROLINA 27215 COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS Policy No. F 0157 Q 520332 Renewal of Number: NEW Named insured and Mailing Address (No.,Street,Town or City,County, State,Zip Code) AMERICAN YOUTH SOCCER ORGANIZATION CIO MICHELLE BOLANOS D'ATTILE P.O. BOX 2290 PALM SPRINGS,CA 92263 Policy Period: From 0612212001 to 0612212002 at 12:01 A.M. Standard Time at your mailing address shown above. Business description: NONPROFIT ORGANIZATION IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part $ 154.00 Commercial General Liability Coverage Part $ 496 .00 Commercial Inland Marine Coverage Part $ NOT COVERED Garage Coverage Form $ NOT Covmm TOTAL PREMIUM (Payable at policy inception): $ 650 .00 POLICY FEE: $ 75.00 TOTAL AMOUNT DiJE: $ 725.00 ITIVS Form(s) and Endorsement(s) made a part of this policy at time of issue*: Bit 190-0-x 02 99.IL 00 03 04-98,IL 00 17 11-98.IL 00 21 04 98.IL 02 70 04-98. CL 150 11 85.BG-1-056 01-99.CF 150-BG 02 9S Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations. Countersigned: 10/0 3/2 0 01 MONARCH E&S INSURANCE SERVICES By Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF,COMPLETE THE ABOVE NUMBERED POLICY. JDL 190 (0)-X (Ed. 11-85) includes copyrighted material of insurance Services Office,Inc. with its permission. Copyright, Insurance Service Office, Inc., 1983, 1984. PRODUCER