HomeMy WebLinkAboutContract - 03/27/2024 - 2066 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
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27th day of March, 2024, by and between the Palm Springs Unified School District("SCHOOL DISTRicn,
| the [itvofCathedra| 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
individua||yaso "Party"orco||ective|ymsthe "Parties,"withnespecttothefo||owinQ:
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 69350 Dinah Shore Drive,
Cathedral City, California,92334;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 in not being used
for SCHOOL DISTRICT activities;and
WHEREAS,CITY and DESERT RECREA11ON DISTRICTdesire to use the Premises for programs,services
and activities forthe residents of 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 ot the Premises.
Now therefore, in consideration of the covenants, conditions and promises contained herein,
thePartien agree aofollows:
SectUom1- AGREEMENT RECITALS
The Recitals set forth above are hereby incorporated into this Agreement by this reference,as though
fully set forth herein.
Sactlmm2_ 0TY'S USE GRANT OF NONEXCLUSIVE RIGHT;USE SCHEDULE
u. Use Schedule. From June 10' 2024thnou8h and including August 9, 2024, the SCHOOL
DISTRICT hereby grants to CITY and DESERT RECREATION DISTRICT revocable, nonexclusive right,
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privilege,and permission to enter onto and use the Premises in accordance with this Agreement Monday
and Wednesday from 10:00amto4100pm; Tuesday, Thursdays, Fridays and Saturdays from 8:00am to
4:00pm. The SCHOOL DISTRICT Premises will be closed to the public on Mondays and Wednesdays from
O:UOamto1O:DOann for SCHOOL DISTRICT use. |n 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.
h. Permitted Uses ("Permit1edUse(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(S) 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 Pork
Lifeguard Training Program,American Red Cross, or other statewide organization.
o. 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 ,
u. 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 ina 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.
h. 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 ao Exhibit A.
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C. SCHOOL D���� 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. SCHOOL DISTRICT is responsible for removing any known hazards that
may exist and notify CITY and DESERT RECREATION DISTRICT of such hazards.
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d Priori�y. CITY and DESERT RECREATION DISTRICT agree that the SCHOOL D|STR|CTs. .
use shall take priority over CITY or DESERT RECREATION DISTRICT's requests for use.
' SectVon4, 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.
BectimmS, TERM
This Agreement shall be effective from June 10,2024,through and including August 9,2024.
Section6' FEES
o. CITY shall pay the SCHOOL DISTRICT a total amount not to exceed Sixty Thousand Four
Hundred Seventeen Dollars($GO,417.00)("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
$30,208.50on or before June 10th, 2024; (2) the CITY shall pay the SCHOOL DISTRICT total of
$3U'%OO.SOmnor before July 8th'2U24.
b. CITY shall pay the DESERT RECREATION DISTRICT total amount not to exceed Fifty-
Eight Thousand One Hundred Thirty-Six Dollars ($$58,136)("Payment"). The Payment shall be made as
follows: (1)the CITY shall pay the DESERT RECREATION DISTRICT a total of$$J9'O68onor before June
18,J024; (2)the CITY shall pay the DESERT RECREATION DISTRICT a total of$Z9'068onor before July O'
2024.
Sectiun7. INSURANCE
m, Policies.
(l) General Liability Coverage. Each Party shall procure and maintain, at its own expense'
general liability insurance of not less than Two Million Dollars ($2'000'000) peroccurnence,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 Both
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CITY and DESERT RECREATION DISTRICT are self-inured public entities. Their respective Moconda of
Coverages set forth the coverage terms,conditions,and amounts for coverage.
(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
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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.
| (3) Abuse and Molestation Coverage. Each Party shall procure and maintain, at its own
expense, abuse and molestation insurance of not |mys 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 underthis Agreement bythat Party,its officers,employees,
servants,volunteers,agentu,andindependent contractors. Coverage should either beononOccurrence
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.
(l) 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 mf this Agreement.
(2) All insurance policies required to be provided by each Party must be endorsed to provide
that the policies shall apply una primary and noncontributing basis in relation to any insurance ome|f-
insurance, primary nrexcess, maintained or available tothe 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 to it.
(3) Notwithstanding any inconsistent statement in any required insurance policies or any
subsequent endorsements attached thereto, the protection offered by all policies shall bear an
endorsemen1xvheveby it is provided that the other Parties and their officers, employees, servants,
volunteers and agents and independent contractors are named as additional insureds.
(4) Each shall require the carriers of all required insurance policies to waive all rights
ofsubro8ation against the other Parties and their officers, volunteers, employees, contractors and
subcontractors.
(5) 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.
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A8 Any failure byoParty to comply with reporting provisions of the policies shall not affect
coverage provided to the other Parties, its elected nr 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 orCertificates of, andcndomcments
for,such insurance shall be filed with the other Parties on or before commencement of performance of
this Agreement.The insuring Parties agreeto ensurethat the most current certification of insurance is on
file with the other Parties ot all times during the term of this Agreement.
m. 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. |n the event this Agreement is terminated for any reason prior to
thecomp|etiun 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 antm the Party providing insurance has been eliminated.
9. Failure tm Obtain Coverages. Each insuring Party agrees and acknowledges that ifitfails
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.
Sectiou8. NO REPRESENTATIONS ORWARRANTIES
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.
Sectiong. COMPLIANCE WITH LAWS
The Parties shall comply with all local,state and federal laws,rules,regulations,policies,and procedures
applicable to use ofthe Premises, including, but not limited to,obtaining or maintaining a business.
Sectlon10. HOLD HARMLESS;INDEMNIFICATION
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u- 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 ohye out of the negligence or willful misconduct of the
indemnifying Party and their officers,agents, employees orvolunteers.
h. 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 app|icob|eto the claim, demand, action,
damage, liability, loss, cost or expense described herein.
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Section 11 WAIVER OF RIGHTS
u. Each Party agrees towaive 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,]udQments and costs and expenses of every type and description, including
settlement coots, legal costs andattorneyx' 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 orvolunteers.
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 tothe Parties aofollows:
To SCHOOL DISTRICT: Jeffrey Simmons
Assistant Superintendent, Business Services
1SO District Center Drive
Palm Springs, [A922G4
Telephone:( 2710 Facsimile: (76O)32S-8726
Email: su»dus
To CITY: Charles P. McClendon,CityKXanage3r
68-700Avenida La|oGuernero,
Cathedral City, [A92234
Telephone: (76O)77O'D372 Facsimile: (760)77O'D399
Email:
Tm DESERT RECREATION DISTRICT: Kevin Kalman,General Manager
45'305Oasis, Indio,CA
Telephone: (7GO)347'34Q4
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Email: kkalrnan drd.us corn
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
rightor 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
timeprovided 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 absolute discretion 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
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to any obligation whatsoever.
Sectionl7. 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("peoon"\for employment because
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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 andAIDS);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, breastfeedin8and 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.
Sectimn18. CONFLICTS OFINTEREST
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 o 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
bv the SCHOOL DISTRICT.
Samtiom1B` 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 isof the essence in the performance of this Agreement.
Semu1sm2z, MEDIA
Neither DESERT RECREATION DISTRICT nor CITY shall 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.
Semtimn22. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by all Parties.
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S.ectimn 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
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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 prospectiveor then current personnel
iodeemedobjcctionab|e,thentheSCH{)OLD|STR|CTmaynmdfv[|TYorDESERTRECREATION06TR|CTofthe
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:4~ ENT|REAG0SEK8ENT
a. This Agreement supersedes any and all other agreements, either oral or written,
between the Parties with respect tn the subject matter of this Agreement.
h. 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
exceptthose 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.
Samtipu28' NON-LIABILITY OF OFFICERS AND EMPLOYEES
No officer or employee of 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.
Seution27^ 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.
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Section 28 WAIVER
� u 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
nr 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.
Semtiom29. ASSIGNMENT AND SUBCONTRACTING
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The experience, knowledge, capability and reputation of CITY and DESERT RECREATION DISTRICT,their
principals and employees were o 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 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 clefinethe content of the provisions described underthe respective
captimnorheadin0.
Section.32. SEVERABIL|TY
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.
Sectimm33' GOVERNING LAWVVEINUE
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the
Parties underthis 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.
Sectiou34. CUMULATIVE REMEDIES
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Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the
rightsand 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
orrenmediesfor the same default of any other default by the other Party.
Sec«ion3G. EFFECTIVENESS OFAGREEMENT
� 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 OFPARTIES&PERSONS EXECUTING AGREEMENT
u. 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.
h. The persons executing this Agreement warrant that they are duly authorized to execute
thisAgreement on behalf of and bind the Parties each purports to represent.
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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
Jeffrey Simmons ----=~ ' - --
Assistant Superintendent,Business Services
"DESERT RECREATION DISTRICT"
Desert Recreation District
Kevin Kalman, General Manager
"CITY"
City of Cathedral City
Charles P. McClendon, City Manager
ATTEST:
Tracey R. Hermosillo, City Clerk
APPROVED AGTOFORM:
c,/,'O./(u��2C24"8.,DPUT)
Eric S.Vail,City Attorney
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EXH|BITA
PALM SPRINGS UNIFIED SCHOOL DISTRICT
* 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 inthe
pool.
w Persons with open sores, cuts, bandages,or rashes are not permitted in the pool.
p No spitting or blowing nose in the pool.
° No hairpins, barrettes,jewelry, orglasses.
* Smoking,chewing gum,glass bottles or containers are not permitted in the aquatic center.
* All children must be accompanied bxanadult.
* No running, throwing/pushing, dunking, chicken fights, or rough play in the pool mr shower area
allowed ot 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.
w No diving in the shallow end.
* Hanging on ropes or lane lines is not permitted.
m Dm not stand, play,orjump off ladders or railings.
w No back dives, cannonballs,or somersaults allowed from the pool deck.
w 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.
w 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|s strictly prohibited.
* Pool area is to be left clean. Check pool gutter drain for wayward items(bottles,goggles,caps,etc.).
w Pool gates must always beclosed.
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23. :-A - ontract for Pool -se FINAI( L -
a,- en *ed sche*ule 4-20-' 4
Final Audit Report 2024-05-02
Created: 2024-04-30
By: Tracey R.Hermosillo(thermosillo@cathedralcity.gov)
Status: Signed
l�, Transaction ID: CBJCHBCAABAABm3wMelclibNkKWBQzm2jqbgBorDsx4d
"23.24 Contract for Pool Use FINAL with amended schedule 4-2 J
0-24" History
IE"31 Document created by Tracey Hermosillo(thermosillo@cathedralcity.gov)
2024-04-30-1:50:48 PM GMT
.........
Document emailed to Charles McClendon (cmcciendon@cathedralcity.gov)for signature
2024-04-30-1:54:55 PM GMT
Email viewed by Charles McClendon (cmcciendon@cathedralcity.gov)
2024-04-30-4:25:40 PM GMT
t,,`�',,!,� Document e-signed by Charles McClendon (cmcclendon@cathedralcity.gov)
Signature Date:2024-04-30-5:59:11 PM GMT-Time Source:server
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Document emailed to jsimmons@psusd.us for signature
2024-04-30-5:59:13 PM GMT
Email viewed by jsimmons@psusd.us
2024-04-30-7:47:41 PM GMT
Signer jsimmons@psusd.us entered name at signing as Jeff Simmons
2024-04-30-10:34:27 PM GMT
Document e-signed by Jeff Simmons Osimmons@psusd.us)
Signature Date:2024-04-30-10:34:29 PM GMT-Time Source:server
Document emailed to Kevin Kalman(kkalman@drd.us.com)for signature
2024-04-30-10:34:30 PM GMT
_j, Email viewed by Kevin Kalman (kkalman@drd.us.com)
2024-04-30-10:38:31 PM GMT
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Cathedral City Acrobat Sign
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Document e-signed by Kevin Kalman (kkalman@drd.us.com)
Signature Date:2024-04-30-10:38:59 PM GMT-Time Source:server
Document emailed to Eric Vail (evail@bwslaw.com)for signature
2024-04-30-10:39:00 PM GMT
ft 11, Email viewed by Eric Vail (evail@bwslaw.com)
2024-05-01-2:24:10 AM GMT
t-"� Email viewed by Eric Vail (evail@bwslaw.com)
2024-05-02-6:13:47 AM GMT
Document e-signed by Eric Vail (evail@bwslaw.com)
Signature Date:2024-05-02-3:30:08 PM GMT-Time Source:server
o Document emailed to Tracey Hermosillo(thermosillo@cathedralcity.gov)for signature
2024-05-02-3:30:10 PM GMT
Email viewed by Tracey Hermosillo(thermosillo@cathedralcity.gov)
2024-05-02-3:51:05 PM GMT
Signer Tracey Hermosillo (thermosillo@cathedralcity.gov)entered name at signing as Tracey R. Hermosillo
2024-05-02-3:51:21 PM GMT
Document e-signed by Tracey R. Hermosillo(thermosillo@cathedralcity.gov)
Signature Date:2024-05-02-3:51:23 PM GMT-Time Source:server
.W�, Agreement completed.
2024-05-02-3:51:23 PM GMT
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