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HomeMy WebLinkAboutContract 2011 0- g NONEXCLUSIVE USE AND OPERATION AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT, THE CITY OF CATHEDRAL CITY,AND DESERT RECREATION DISTRICT THIS NON-EXCLUSIVE USE AND OPERATION AGREEMENT ("Agreement") is made and entered into as of the 1st day of March , 2023, by and between the Palm Springs Unified School District ("SCHOOL DISTRICT"), the City of Cathedral City, a Charter City, located in the County of Riverside, State of California ("CITY"), and Desert Recreation District, a public recreation and park district ("DESERT RECREATION DISTRICT"), with SCHOOL DISTRICT, CITY, and DESERT RECREATION DISTRICT sometimes hereinafter referred to individually as a "Party" or collectively as the"Parties,"with respect to the following: RECITALS WHEREAS,the SCHOOL DISTRICT is the owner of an Olympic size swimming pool and other associated facilities at Cathedral City High School ("Premises"), located at 69250 Dinah Shore Drive, Cathedral City,California,92234; and WHEREAS, SCHOOL DISTRICT is responsible for the operations and activities associated with any use of the Premises and any of its invitees;and WHEREAS, SCHOOL DISTRICT understands there are times when the Premises is not being used for SCHOOL DISTRICT activities;and WHEREAS,CITY and DESERT RECREATION DISTRICT desire to use the Premises for programs, services and activities for the residentsof Cathedral City and surrounding communities; and WHEREAS, SCHOOL DISTRICT, DESERT RECREATION DISTRICT and CITY agree that allowing for outside use of the Premises will benefitmembers of the community of different ages; and WHEREAS, the DESERT RECREATION DISTRICT in coordination with the SCHOOL DISTRICT and CITY, shall provide and operate recreation programs at the Premises. Now therefore, in consideration of the covenants, conditions and promises contained herein, the Parties agree as follows: Section 1. AGREEMENT RECITALS The Recitals set forth above are hereby incorporated into this Agreement by this reference,as though fully set forth herein. Section 2. CITY'S USE GRANT OF NONEXCLUSIVE RIGHT;USE SCHEDULE a. Use Schedule. During the Term of this Agreement, the SCHOOL DISTRICT hereby grants to CITY and DESERT RECREATION DISTRICT a revocable,nonexclusive right,privilege, and permission to enter onto and use the Premises in accordance with this Agreement Monday through Sunday between the hours of 6:00 a.m. and 7:00 p.m.. The SCHOOL DISTRICT Premises will be closed to the I public Monday through Saturday between the hours of 12:30 p.m.to 1:30 p.m.and 4:00 p.m.to 7:00 p.m. for SCHOOL DISTRICT use. In the event that the CITY and/or DESERT RECREATION DISTRICT plan to host a special event outside of the hours of operation,this request will be submitted in writing for approval by the SCHOOL DISTRICT. b. Permitted Uses("Permitted Use(s)"). The following are Permitted Uses: • Community swimming lessons; • Recreational swimming; • Lap swimming; • Team swimming; • Water aerobics; • Water polo programs;and • Special Events,as approved by SCHOOL DISTRICT. All times and dates shall be mutually agreed upon by Parties. CITY or DESERT RECREATION DISTRICT shall notify the SCHOOL DISTRICT of the dates and times of events as soon as possible when decided,but no later than five(5)businessdays prior to the date of the event. c. Programing. During the term of this Agreement, DESERT RECREATION DISTRICT agrees to provide recreation programs at the Premises during all operational hours in which the Premises is not being utilized by the SCHOOL DISTRICT. d. Safety. DESERT RECREATION DISTRICT covenants and agrees to ensure the safety of activity participants at all times and will ensure that certified lifeguards are on site at all times during Permitted Uses. Certification shall be from the American Lifeguard Association, California State Park Lifeguard Training Program,American Red Cross,or other statewide organization. e. Water Contamination. The SCHOOL DISTRICT and DESERT RECREATION DISTRICT covenants and agrees to immediately notify SCHOOL DISTRICT of evidence of pool water contamination or public health hazards. Section 3. USE OF PREMISES a. CITY and DESERT RECREATION DISTRICT's Use. During the term of this agreement, CITY and DESERT RECREATION DISTRICT shall be permitted to use the Premises only for the Permitted Uses in accordance with this Agreement.The Permitted Use must be in a form consistent with the normal use of the Premises and must be done in a safe manner. Neither CITY nor DESERT RECREATION DISTRICT shall make or cause to be made any alterations,additions or improvements in, on or to the Premises without the prior written approval of the SCHOOL DISTRICT. CITY and DESERT RECREATION DISTRICT covenants and agrees that they shall not cause any disruption or annoyance that may interfere with the normal operations of the Premises. b. CITY and DESERT RECREATION DISTRICT Use. CITY and DESERT RECREATION DISTRICT agree that when using the Premises, it shall take all reasonable efforts to ensure that individuals using the Pool Use Guidelines attached hereto as Exhibit A. c. SCHOOL DISTRICT's Use.The SCHOOL DISTRICT hereby retains all rights for the SCHOOL DISTRICT to use the Premises in any lawful manner,even though that use may interfere with the Permitted Use of the Premises. d. Priority. CITY and DESERT RECREATION DISTRICT agree that the SCHOOL DISTRICT's use shall take priority over CITY or DESERT RECREATION DISTRICT's requests for use. Section 4. DAMAGES DESERT RECREATION DISTRICT assumes full responsibility for any damage done to pool,associated facilities,or equipment(collectively"Facilities")due to misuse,negligence,and vandalism during periods of Permitted Use by the DESERT RECREATION DISTRICT. If damages occur, DESERT RECREATION DISTRICT shall be billed for the actual cost of repairs and/or replacement of the Facilities. The DESERT RECREATION DISTRICT shall not be responsible for normal wear and tear to the Facilities, regular or routine maintenance of the Facilities, or damage to the Facilities caused by the use of third parties. Prior to the start of the Term of this Agreement,DESERT RECREATION DISTRICT and CITY shall be permitted to inspect the Premises to determine and establish the condition of the Premises. Section 5. TERM This Agreement shall be effective from June 11, 2023,through and including August 5,2023. Section 6. FEES a. CITY shall pay the SCHOOL DISTRICT a total amount not to exceed Fifty-Seven Thousand Five Hundred Forty Dollars ($57,540) ("Payment"). This payment represents the cost to the SCHOOL DISTRICT for custodial staff time, pool maintenance staff, and utilities used during the Permitted Use Periods. The Payment shall be made as follows: (1) the CITY shall pay the SCHOOL DISTRICT a total of$28,770 on or before June 9th,2023;(2)the CITY shall pay the SCHOOL DISTRICT a total of$28,770 on or before July 7th,2023. b. CITY shall pay the DESERT RECREATION DISTRICT a total amount not to exceed Fifty-Five Thousand Dollars($55,000)("Payment"). The Payment shall be made as follows:(1)the CITY shall pay the DESERT RECREATION DISTRICT a total of$27,500 on or before June 9, 2023; (2)the CITY shall pay the DESERT RECREATION DISTRICT a total of$27,500 on or before July 7,2023. Section 7. INSURANCE a. Policies. (1) General Liability Coverage. Each Party shall procure and maintain, at its own expense, generalliability insurance of not less than Two Million Dollars ($2,000,000) per occurrence,and Four Million Dollars($4,000,000)in the aggregate,insuring its interests against claims for personal and bodily injury, death and property damage occurring as a result of the use of the Premises under this Agreement by that Party,its officers,employees, servants,volunteers,agents,and independent contractors . (2) Worker's Compensation Coverage. Each Party shall procure and maintain, at its own expense, workers' compensation insurance, providing coverage as required by the California State Workers'Compensation Law.If any class of employees employed by the Party pursuant to this Agreement is not protected by the California State Workers' Compensation Law, that Party shall provide adequate insurance forthe protection of such employees to the satisfaction of the other Parties. Each Party agrees to waive its statutory immunity under any workers compensation or similar statute as respecting the other Parties and to require all subcontractors and any other person or entity involved with the Permitted Use to do the same. (3) Abuse and Molestation Coverage. Each Party shall procure and maintain, at its own expense, abuse and molestation insurance of not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars($3,000,000)in the aggregate insuring its interest against claims or suits alleging physical,emotional,verbal or mental abuse,including sexual abuse or molestation occurring as a result ofthe use of the Premises under this Agreement by that Party,its officers,employees,servants, volunteers,agents,and independent contractors. Coverage should either be on an Occurrence basis, or if on a claims-made basis,shall include at a minimum a three-year automatic extended reporting period. (4) Automobile Liability Coverage.Each Party shall further procure and maintain at its own expense commercial vehicle liability insurance covering personal injury and property damage,of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by that Party or its officers, employees, servants,volunteers and agents and independent contractors in performing the Permitted Use. b. Insurance Documentation. (1) Each Party shall secure from a good and responsible company or companies admitted to do insurance business in the State of California, and possessing an A.M. Best's rating of no less than A:VII,the policies of insurance required by this Agreement and furnish to the other Parties certificates of said insurancewith original endorsements on or before the commencement of the term of this Agreement. Any insurance requirements contained in this agreement may be met with a program(s)of self-insurance. Current certificate of coverage shall be kept on file with each Party at all times during the term of this Agreement. (2) Each policy required herein must be endorsed to provide that the policy shall not be cancelled or reduced in coverage by either Party (except by paid claims)unless the insurer has provided the other Parties with thirty(30)days prior written notice of cancellation or reduction in coverage. In the event the insured Party is self-insured,that Party shall immediately notify the other Parties in the event of a withdrawal of coverage. (3) All insurance policies required to be provided by each Party must be endorsed toprovide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self- insurance, primary or excess, maintained or available to the other Party, and its officers, employees, servants,volunteers, agents and independent contractors. Any insurance maintained by the other Parties, including any self-insured retention, shall be considered excess insurance only and shall not contribute with it. (4) Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto,the protection offered by all policies shall bear an endorsement whereby it is provided that the other Parties and their officers,employees,servants,volunteers and agents and independent contractors are named as additional insureds. (5) Each shall require the carriers of all required insurance policies to waive all rights of subrogation against the other Parties and their officers, volunteers, employees, contractors and subcontractors. (6) This insurance shall act for each insured and additional insured as though a separate policy hadbeen written for each,except with respect to the limits of liability of the insuring company. (7) Any failure by a Party to comply with reporting provisions of the policies shall not affect coverage provided to the other Parties, its elected or appointed officers, officials, employees, agents or volunteers. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the other Parties.At the other Parties' option,the insuring Party shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. The insuring Parties shall provide certificates of insurance with original endorsements or memorandums of coverage to the other Parties as evidence of the insurance coverage required herein. Memorandums of coverage or Certificates of, and endorsements for, such insurance shall be filed with the other Parties on or before commencement of performance of this Agreement. The insuring Parties agree to ensure that the most current certification of insurance is onfile with the other Parties at all times during the term of this Agreement. e. Imposition of Insurance Requirements. The insuring Parties covenant and agree to require that all parties with whom the insuring Party enters into contracts or whom insuring Party hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein,at minimum,and name as additional insureds the Parties to this Agreement.The insuring Parties agree to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirementsof this Section. f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to thecompletion of all obligations and requirements of this Agreement,the insuring Parties agree to maintain all coverages required herein until the other Parties provide written authorization to terminate the coverages following the other Parties' review and determination that all liability posed under this Agreement as to the Party providing insurance has been eliminated. g. Failure to Obtain Coverages. Each insuring Party agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by others involved in any way with the Permitted Use,that insuring Party shall be responsible for any losses,claims,suits,damages,defense obligations,or liability of any kind or nature attributable to the other Parties and their officers,employees, servants,volunteers,agents and independent contractors,for which the insuring Party is responsible under this Agreement. Section 8. NO REPRESENTATIONS OR WARRANTIES No Party, nor their agents or attorneys have made any representations or warranties with respect to the Premises,except as expressly set forth herein,and no rights,easements or leases are,or shall be,acquired by CITY or DESERT RECREATION DISTRICT by implication or otherwise. Section 9. COMPLIANCE WITH LAWS The Parties shall comply with all local,state and federal laws,rules,regulations,policies,and procedures applicable to use of the Premises,including,but not limited to, obtaining or maintaining a business. Section 10. HOLD HARMLESS; INDEMNIFICATION a. Each Party shall defend (with counsel reasonably acceptable to the other Parties), indemnify and hold harmless the other Parties and its officers,officials,agents,employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries. and liability, direct or indirect(including any and all costs and expenses in connection therewith)(collectively"Claims"),to the extent any such Claims arise out of the negligence or willful misconduct of the indemnifying Party and their officers,agents,employees or volunteers. b. No Party waives any rights that it may have against the other Parties under this section because of the acceptance of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions ofthis section shall apply regardless of whether or not said insurance policies are determined to be applicableto the claim, demand, action, damage,liability,loss, cost or expense described herein. Section 11 WAIVER OF RIGHTS a. Each Party agrees to waive all rights it may have against the other Party(is)and its officers, agents,employees and independent contractors to pursue any actions,suits,proceedings,claims,demands, losses,judgments and costs and expenses of every type and description, including settlement costs, legal costs and attorneys' fees (collectively "Claims"), resulting from or arising out of, or otherwise in connection with any injury or damage sustained by that Party that may arise from this Agreement,except to the extent any such claim may arise out of the negligence or willful misconduct of the other Party(ies) and their officers,agents,employees or volunteers. Section 12. NOTICES a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail,certified or registered, return receipt requested,with postage prepaid,and addressed to the Parties as follows: To SCHOOL DISTRICT: Brian J.Murray,Ed.D. Assistant Superintendent,Business Services 150 District Center Drive Palm Springs,CA 92264 Telephone:(760)883-2710 Facsimile: (760)325-8726 Email:bmurray(aipsusd.us To CITY: Charles P.McClendon,(>,'Manager 68-700 Avenida Lalo Guerrero, Cathedral City,CA 92234 Telephone:(760)770-0372 Facsimile:(760)770-0399 Email:cmcclendonna,cathedralcity.gov To DESERT RECREATION DISTRICT: Kevin Kalman,General Manager 45-305 Oasis,Indio,CA Telephone: (760)347-3484 Email: kkalman@drd.us.com b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second(2nd)day after deposit in the United States mail. Section 13. ATTORNEY'S FEES AND LITIGATION EXPENSES In the event any action,suit or proceeding is brought for the enforcement of,or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement,the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof. Section 14. COUNTERPARTS This Agreement may be executed in several counterparts,each of which shall constitute one and the same instrument and shall become binding upon the Parties when at least a copy hereof shall have been signed by both Parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Section 15. TERMINATION OR EXPIRATION a. This Agreement may be terminated or suspended without cause by either Party at any time provided that the respective Party provides the other Party at least thirty(30)calendar days'written notice of such termination or suspension. In the event of termination of the Agreement by the SCHOOL DISTRICT,the SCHOOL DISTRICT shall make all reasonable efforts to continue to authorize the use of the Premises by the CITY and DESERT RECREATION DISTRICT where the Parties have previously agreed upon the date and time of the Permitted Use,and the CITY or DESERT RECREATION DISTRICT has already noticed or advertised the event to the public and/or contracted with vendors for the event. b. This Agreement may be terminated by the SCHOOL DISTRICT in the SCHOOL DISTRICT's sole and absolutediscretion immediately if the SCHOOL DISTRICT determines CITY or DESERT RECREATION DISTRICT to be in violation of the terms of this Agreement or any of the rules or regulations that govern the Premises. c. Upon termination or expiration of this Agreement, CITY and DESERT RECREATION DISTRICT shall immediately cease all use of the Premises. Section 16. NOT AGENT a. Nothing contained in this Agreement shall be deemed, construed or represented by the SCHOOL DISTRICT, DESERT RECREATION DISTRICT, or CITY or by any third person to create the relationship of principal and agent. b. Neither DESERT RECREATION DISTRICT nor CITY shall have any authority,express or implied,to act on behalf of the SCHOOL DISTRICT in anycapacity whatsoever as an agent,nor shall CITY or DESERT RECREATION DISTRICT have any authority, express or implied, to bind the SCHOOL DISTRICT to any obligation whatsoever. Section 17. EQUAL OPPORTUNITY EMPLOYMENT CITY and DESERT RECREATION DISTRICT represent that they are an equal opportunity employer and shall not discriminate against any subcontractor. employee, or applicant("person") for employment because of race; denial of family and medical care leave; religious creed(including religious dress and grooming practices); color; national origin(including language use restrictions); ancestry; physical disability or mental disability (including HIV and AIDS); medical condition (cancer and genetic characteristics);genetic information;military or veteran status;marital status;gender,gender identity,and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law,CITY and DESERT RECREATION DISTRICT shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment. Section 18. CONFLICTS OF INTEREST CITY and DESERT RECREATION DISTRICT covenant that they do not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Permitted Use under this Agreement. In the event the SCHOOL DISTRICT officially determines that CITY or DESERT RECREATION DISTRICT must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests,CITY shall file the subject Form 700 with the SCHOOL DISTRICT Business Services Department pursuant to the written instructions provided by the SCHOOL DISTRICT. Section 19. LICENSING AND PERMIT REQUIREMENTS CITY and DESERT RECREATION DISTRICT represents that they have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses,certifications and/or permits necessary for the Permitted Use described in this Agreement,including a City business license(if necessary). Section 20. TIME OF THE ESSENCE Time is of the essence in the performance of this Agreement. Section 21. MEDIA Neither DESERT RECREATION DISTRICT nor CITY shall not use the SCHOOL DISTRICT's insignia or photographs relating to the Permitted Use, or any publicity pertaining to the Permitted Use under this Agreement in any internet,magazine,trade paper,newspaper,television or radio production or other similar medium without the prior written consent of the SCHOOL DISTRICT. Section 22. MODIFICATIONS AND AMENDMENTS This Agreement may be modified or amended only by a written instrument signed by all Parties. Section 23. BACKGROUND CHECKS At any time during the term of this Agreement, the SCHOOL DISTRICT reserves the right to make an independent investigation into the background of any CITY or DESERT RECREATION DISTRICT employee,official, agent, contractor, or subcontractor performing work under this Agreement, including but not limited to their references,character,address history, past employment,education,social security number validation, and criminal orpolice records, for the purpose of confirming that such personnel are lawfully employed,qualified to provide the subject service, if any,or pose a risk to the safety of persons or property in and around the vicinity of the Premises. If the SCHOOL DISTRICT makes a reasonable determination that any of CITY or DESERT RECREATION DISTRICT's prospective or then current personnel is deemed objectionable, then the SCHOOL DISTRICT may notify CITY or DESERT RECREATION DISTRICT of the same. CITY or DESERT RECREATION DISTRICT shall not use that personnel to perform work related to the Permitted Use, and if necessary, shall replace him or her with another suitable worker. Section 24. ENTIRE AGREEMENT a. This Agreement supersedes any and all other agreements, either oral or written,between the Parties with respect to the subject matter of this Agreement. b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations,inducements,promises,or agreements have been made by or on behalf of any Party except those covenants and agreements embodied in this Agreement. c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. Section 25. AMBIGUITIES This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement. Section 26. NON-LIABILITY OF OFFICERS AND EMPLOYEES No officer or employee of a Party shall be personally liable to another Party to this Agreement, or any successor in interest, in the event of any default or breach by defaulting or for any amount which may become due to other Party, or to its successor, or for any breach of any obligation of the terms of this Agreement. Section 27. REVIEW BY ATTORNEYS Each Party hereto has had its attorneys review this Agreement and all related documents.Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation. Section 28 WAIVER a. No waiver shall be binding,unless executed in writing by the Party making the waiver. b. No waiver of any provision of this Agreement shall be deemed,or shall constitute,a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. Section 29. ASSIGNMENT AND SUBCONTRACTING The experience,knowledge,capability and reputation of CITY and DESERT RECREATION DISTRICT, their principals and employees were a substantial inducement for the SCHOOL DISTRICT to enter into this Agreement. Assignments of any or all rights, duties or obligations of the CITY and DESERT RECREATION DISTRICT under this Agreement will be permitted only with the written consent of the SCHOOL DISTRICT. Section 30. NO DAMAGES RELIEF AGAINST SCHOOL DISTRICT Except to the extent caused by the SCHOOL DISTRICT'S negligence or willful misconduct,the Parties agree that in no event shall CITY or DESERT RECREATION DISTRICT be entitled to recover damages of any kind whatsoever against SCHOOL DISTRICT for breach of this Agreement. Section 31. CAPTIONS AND HEADINGS The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. Section 32. SEVERABILITY If any one or more of the sentences,clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction,the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses,paragraphs or sections contained herein. Section 33. GOVERNING LAW/VENUE The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement,shall be construed pursuant to and in accordance with California law. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County,California. Section 34. CUMULATIVE REMEDIES 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 orremedies shall not preclude the exercise by it, at the same or different times, of any other rights or remediesfor the same default of any other default by the other Party. Section 35. EFFECTIVENESS OF AGREEMENT This Agreement shall not be binding upon the Parties,until signed by the authorized representative(s)of the Parties. Section 36. NO THIRD-PARTY BENEFICIARIES The Parties do not intend the benefits of this Agreement to inure to any third party. Section 37. REPRESENTATIONS OF PARTIES& PERSONS EXECUTING AGREEMENT a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent. IN WITNESS WHEREOF, the SCHOOL DISTRICT,DESERT RECREATION DISTRICT and CITY have executed this Agreement as of the date first written above. "SCHOOL DISTRICT" Palm Springs Unified School District /71/15 Brian J.Murray, Ed.D. Assistant Superintendent, mess Services "DESERT RECREATION DISTRICT" Desert Recreation District • e Kalman Ge •ral Manager "CITY" City of Cathedral City Ale Charles P. McClendon, City Manager ATTEST: I A AA Tracey R. IP-rmosilo, City Clerk APPROVED AS TO FO ,. : Eric S. Vail,City Attorney EXHIBIT A PALM SPRINGS UNIFIED SCHOOL DISTRICT POOL USE GUIDELINES • School District is not liable for any personal valuables brought into the aquatic area or onto District property. • All swimmers must wear proper swimming attire. Cut-offs and street clothes are not permitted in the pool. • Persons with open sores, cuts,bandages,or rashes are not permitted in the pool. • No spitting or blowing nose in the pool. • No hairpins,barrettes,jewelry,or glasses. • Smoking,chewing gum,glass bottles or containers are not permitted in the aquatic center. • All children must be accompanied by an adult. • No running, throwing/pushing, dunking, chicken fights, or rough play in the pool or shower area allowed at any time and grounds for immediate removal from the pool area. • NEVER jump or dive toward any object, including other swimmers,pool edges,or equipment. • No diving in the shallow end. • Hanging on ropes or lane lines is not permitted. • Do not stand,play,or jump off ladders or railings. • No back dives,cannonballs,or somersaults allowed from the pool deck. • Always stay clear of handicap ramps and railings. • No floatation devices are permitted in the pool. • Starting blocks are restricted to approved swim practices and swim meets by school athletic teams, not recreational use. • Non-swimmers must stay in the bleachers section of the pool area. • All injuries must be reported to the lifeguard on duty. • Socializing with or distracting any lifeguard on surveillance duty is not permitted. • All pool covers must be completely removed before pool use. • Possession of alcohol on District property is strictly prohibited. • Pool area is to be left clean.Check pool gutter drain for wayward items(bottles,goggles,caps,etc.). • Pool gates must always be closed.