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.