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HomeMy WebLinkAbout2009-04-07 PRC Regular Meeting Agenda Packet `" .. CITY OF PALM DESERT Y y»W PARKS AND RECREATION COMMISSION AGENDA _ Tuesday, April 7, 2009 — 8:30 a.m. Administrative Conference Room I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES A. MINUTES OF THE MEETING FROM MARCH 3, 2009 IV. ORAL COMMUNICATIONS Any person wishing to discuss any item not on the agenda may address the Parks and Recreation Commission at this point by giving his/her name and address for the record. This is the time and place for any person who wishes to comment on items not on the agenda. It should be noted that at the Parks and Recreation Commission's discretion, these comments may be deferred until such time on the agenda as the item is discussed. Remarks shall be limited to a maximum of five minutes, unless additional time is authorized by the Commission. V. UPDATES OF PROJECTS/SCHEDULES/BUDGETS/MASTERPLAN A. CIVIC CENTER PARK WATER FEATURE B. FREEDOM PARK SKATE PARK C. IRONWOOD PARK PLAYGROUND D. IRONWOOD PARK PAVILIONS E. INTERNATIONAL SPORTS FESTIVAL EXECUTIVE SUMMARY F. PARKS MAINTENANCE CONTRACTS G. STATUS UPDATES PARKS AND RECREATION COMMISSION AGENDA AP RI L 7, 2009 H. UNIVERSITY DOG PARK RESTROOMS I. DESERT RECREATION DISTRICT CONTRACT J. PARK INSPECTIONS K. FAMILY YMCA OF THE DESERT UPDATE L. 1-10 CORRIDOR BIKE PATH (ORAL REPORT) M. NEWS ARTICLES VI. UNFINISHED BUSINESS - NONE VII. NEW BUSINESS A. LOCAL ARTIST SHOWCASE AT THE CIVIC CENTER PARK Discussion and recommendation to the City Council concerning the concert series in the Civic Center Park. VIII. COMMENTS IX. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Parks and Recreation Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 2`d day of April 2009. Monica Loredo, Recording Secretary 2 , °_v,Et'✓i�c_tit.°C--„�w_v(GCC,,A0rf 1Z,7 i tjofr.l.f5i'z-':13 a-,cx CITY OF PALM DESERT �'•�� PARKS & RECREATION COMMISSION • PRELIMINARY MINUTES et:*Itzeti MARCH 3, 2009 CALL TO ORDER Chairman Barnard convened the meeting at 8:31 a.m. II. ROLL CALL Present: Chairman Michael Barnard Vice Chair Roger Dash Commissioner Phill Babcock Commissioner Jerry Dawson Commissioner Randy Guyer Commissioner Deborah Hall (8:35 a.m.) Commissioner Kim Housken Commissioner Julie Munson Commissioner Terry Schukart Staff Present: Bob Spiegel, Mayor John Wohlmuth, City Manager Homer Croy, ACM for Development Services Janis Steele, Parks and Recreation Services Manager Ryan Stendell, Senior Management Analyst Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Monica Loredo, Administrative Secretary Guests: Van Tanner, Planning Commission Stan Ford, Desert Recreation District Craig De Witt, Desert Recreation District Laura McGalliard, Desert Recreation District Rob Ballew, Family YMCA of the Desert Gina Tenorio, The Desert Sun Jim Foote, Santa Rosa & San Jacinto Mountains National Monument 1 PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 III. APPROVAL OF MINUTES A. MINUTES OF THE MEETING FROM JANUARY 20, 2009 Minutes of the meeting from January 20, 2009, were approved as submitted. Motion moved/seconded by Guyer/Schukart, and carried by a 6-0-2 vote with Commissioners Dawson and Housken ABSTAINING, and Commissioner Hall ABSENT. B. MINUTES OF THE MEETING FROM FEBRUARY 3, 2009 Minutes of the meeting from February 3, 2009, were approved as submitted. Motion moved/seconded by Dawson/Dash, and carried by a 6-0-2 vote with Commissioners Guyer and Munson ABSTAINING, and Commissioner Hall ABSENT. IV. ORAL COMMUNICATIONS Mr. Rob Ballew, Family YMCA of the Desert, announced that the YMCA is in amidst of its annual sustaining campaign. He mentioned that Mayor Bob Spiegel is the honorary chair. The YMCA is out to raise $140,000 to help programs at the YMCA. The campaign will run through March 26. Mr. Ballew handed out a flyer with information on Healthy Kids Day and the Easter Egg Hunt that are both being held on the same day, Saturday, April 11, at the Civic Center Park. It is being sponsored by Rabobank and the City of Palm Desert. The YMCA expects in excess of 1,500 people; everything is free. He mentioned that a while back Ms. Steele and Mr. Niemczak commented to them that they were replacing some of the picnic tables in the park with new ones. Mr. Ballew asked them if there were some tables that still had some use in them that they were going to toss, and asked if the YMCA could have the tables to refurbish. Mr. Niemczak told him that it was okay. The YMCA refurbished the tables, and now being utilized in some of the child care centers around town. He thanked Staff. V. PRESENTATIONS A. THE MANTAS GROUP Ms. Steele commented that Mr. Tony Bagato, Principal Planner; and Mr. Oliver Binns, from The Mantas Group were present to introduce The Mantas Group concept. 2 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.men.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Mr. Bagato stated that the Planning Department has been meeting with The Mantas Group. The group is looking at 80 to 120 acres in the north area of the City between Portola and Cook Street and north of Gerald Ford. They are looking at building an entertainment and virtual reality recreation district composed of 27 different villages. He explained that Staff suggested the group make a presentation to the Commission for feedback since they are incorporating a sports facility. He noted that the project is 100% funded by the group, but may require a joint use agreement. Mr. Mervyn Kirshner introduced himself as an associate of The Mantas Group and Mr. Binns. He stated that they are introducing a sports entertainment, education, and virtual reality project. He commented that they have been meeting with different outside groups as well. As previously stated by Mr. Bagato, he indicated that the property will be located on approximately 120 acres between Cook and Portola on Gerald Ford. The property is owned by Marix and Wilson and Johnson. He stated that they have had meetings with them. He noted that they have met with the City's Planning Department and several of the City Council members, including the Mayor. It was then suggested that they make a presentation to the Commission. He introduced Mr. Binns who will present the information. Mr. Binns began the film highlighting the project. After the film, Mr. Binns indicated that they are privately funded to build the development, and not requesting any financial commitment from the City. There are some things that the City might want to do. They would work with the Planning Department to create a development agreement for the park and aquatic facility. Commissioner Schukart noted that casinos are nearby with entertainment, he asked if a feasibility study has been done in this region (between Palm Springs and Coachella). Mr. Binns replied that the development and the casinos would complement each other. Their development would bring in a different crowd of people, and when in town the people would visit the casinos. Same for the casinos, the casinos will draw people to the development. Commissioner Housken stated that she finds the project very intriguing, and asked how long the concept has been in the works. Mr. Binns responded over ten years. In regards to the area, she asked what the zoning for the area is. Mr. Bagato answered that the zoning is industrial. Commissioner Housken inquired if there is another example of a project like the one being presented since it is very unique. Mr. Binns responded 3 G:IDevServices\Monica LoredolWord DatalParks&ReclMinutes12009 Minutes13-3-09.min.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 that the whole project is unique. They have done some studies to take different things, and bring them together into one community. The reason they use the term flexible villages is that each of the villages has to stand alone and be economically feasible. He stated that they have built a team around a creative group of people with architects and engineers to bring it all together. He noted that the funding is not conventional. It is a unique type of funding, and had to create jobs, must be "green," must improve the community, and have a strong education component. Mr. Binns stated that something was created around a funding source to be able to pull it all together. He mentioned that all members of the team have all worked in this area before so they know it will be successful by what they are trying to achieve. Commissioner Housken clarified that there is no other project like this that they can visit. Mr. Binns replied no. Commissioner Housken inquired if their aquatic center had a competition pool. Mr. Binns answered yes. She also inquired about what fields there are going to be; baseball, softball, soccer, football, and lacrosse. Mr. Binns clarified that the fields are going to work in a way that can be multi-use. The whole objective is to have eight fields. Commissioner Housken commented that the funding is private, and that no support will be needed from the City. She noticed that the flyer has a footnote that the arena and theater "need support from the community." Mr. Binns explained that certain things need to be subsidized, but their group has been able to work with their funding sources to cover the funding for the arena and theater. He mentioned that due to their funding sources, they have an ability to do some creative work. They understand the needs for communities, and they also understand the turn of the economy. Their approach is to bring something into the community. Commissioner Housken inquired if there is a minor league team that would support the project. Mr. Binns replied yes. He stated that they are having discussions with different groups, which he is not allowed to say. He noted that all of the groups are interested. Commissioner Housken questioned if the McCallum Theater would be a competitor. Mr. Binns responded that the project is flexible. So if there is a theater already in the community, they would not bring it in. He stated that their intention is not compete with other venues, but to complement them. Commissioner Hall asked if this was a for-profit group. Mr. Binns answered that it is a for-profit group. He noted that they do have a non- profit component tied to it. 4 G:IDevServices\Monica LoredolWord DatalParks&ReclMinutes12009 Minutes13-3-09.min.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Commissioner Hall inquired if there would be a fee for the use of the aquatic center. Mr. Binns replied yes. He communicated that they would also offer programs to assist with some of the costs. Commissioner Dawson commented that it was mentioned that there will be an area where visiting teams could be housed and a hotel. He asked if there is any other temporary or permanent housing available in the area. Mr. Binns asked if he meant in the project's community. Commissioner Dawson replied yes. Mr. Binns responded no. He explained that there would be several different hotels depending when they get land control and do their analysis. There is no permanent housing. Commissioner Dawson asked where the name Mantas came from. Mr. Binns responded that as they were developing the program, he wanted to make sure they had a name that was not already being used by a major sports team. For their group, the name had to have something strong in a natural environment and outside a natural environment. A manta ray fish is strong in and out of the water. Vice Chair Dash stated that it is all an interesting concept. He inquired if there would be a membership fee for people that want to participate in recreational activities. Mr. Binns communicated that their funding source is very unique. In regards to the recreational activities (exercise rooms), that is something they are flexible with, and they would take a look at it. Commissioner Guyer stated that it was mentioned that each village would be economically sound. Mr. Binns responded that is correct. Commissioner Guyer questioned that an aquatic center would have to be economically sound by itself or they would not do it. Mr. Binns repeated that is correct. He asked if the group has been able to show that it is economically sound by itself. Mr. Binns replied that they have. Commissioner Guyer asked if this is being looked at as an economic project or a parks and recreation project. Mr. Binns responded that it is being looked at both ways. There are the dollars and cents, but there is also the value to the community. He noted that it all had to pencil out, otherwise it would not have been funded. Mayor Spiegel inquired who from the educational community they have met with. Mr. Binns answered that they met with Dean Stewart. He noted that they are scheduling a meeting with Cal State San Bernardino University. Mayor Spiegel mentioned that Commissioner Schukart is in charge of the Athletic Program at College of the Desert. He suggested the group meet 5 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 with College of the Desert. He asked Mr. Binns where the group goes from here. He responded that some of the people from his team are meeting here in the desert tomorrow so that they can see the land and see what they are doing. He stated that they feel committed to the valley and feel real good about the property based on the ingress and egress that they have. The group has certain opportunities that they want to work through, and also get a sense from the City to see if this is something that the City would want in Palm Desert. If it is a yes, they will then move forward. He mentioned that there are some opportunities that they need to work through. Mr. Tanner, Planning Commissioner, asked Mr. Binns, why Palm Desert and how many rooms are they planning for the hotel. He noted that currently there are four hotels in that quadrant. Mr. Binns responded that their studies have shown that there are a lot of things going on every month. He noted when he is talking about Palm Desert he is referring to the whole Coachella Valley. He mentioned with the virtual reality, they are creating a destination place that people would want to come to. The range they are looking at is within a four hour drive time. He stated that in their programs they mention hotels, but as they do their studies and get land control and if they find out that there are enough hotels; he does need to have a hotel. He stated that what they will have is housing. Mr. Binns reaffirmed that they are very flexible. If there is something that does not work, they will pull away from it. Vice Chair Dash commented that the group selected Palm Desert, he inquired if there would be a price structure for the Palm Desert residents. Mr. Binns replied yes. Commissioner Guyer asked if the group already has the 120 acres. Mr. Binns responded no. They are talking to two groups, and their plan is to go through the area and complete a study to find out what would make sense. Before they move forward, they want to make sure that the community, such as the City of Palm Desert was open to the project. He noted that there are a lot of advantages to having the property on Cook Street. Commissioner Guyer inquired if the property that the City owns is directly against the other property. Mr. Bagato replied yes. Mr. Binns stated that they have met with the Planning Department, and told them that they will come in and build a park with the City's specifications. Their group will maintain the facility, but would like to have shared use during the weekends. 6 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Chairman Barnard asked what the Council's reaction has been and have they discussed partnerships. He stated to Mr. Binns that the Commission has been having these types of discussions for many years, and the Commission understands the expenses and cost recovery, which is the reason for the financial questions. Chairman Barnard asked if they are looking at partnerships with the City to build the project. Mr. Binns said no. He explained that they do not have a conventional loan. The funding source requires that it is green and it has to provide education as a priority, and there is no debt service. They have completed some very thorough investigation on the funding sources. They are not only looking at dollars and cents, they are also looking at what it could do for the community. Commissioner Housken commented that the area is a great location. An aquatic center in the north side of town is two-fold. There are no homes there, and since she lives in south Palm Desert she does not see herself driving there to visit the aquatic center but probably will for the other events. In addition, she questions having an outdoor pool and an amphitheater at that location because of the blowing sand. She mentioned there are many days that you can't be outside with the sand blowing. Commissioner Housken stated that the other aspects of the project are very interesting. Mr. Binns communicated that is why he refers to a flexible arrangement. As they do their studies, they will come up with a plan that makes sense and what is going to work for the community. Commissioner Babcock asked what advantages they have that the City does not currently have. Mr. Binns replied that he has the money and they can maintain it. Mr. Binns added that as they move down the road, they are willing to make their sources confidentially known to the City Attorney so that they can verify the information. As they came up with the program and concept, it was important to them from the start to make sure that they can build the project so that they are not made a fool of. They have the vision; they have the money, and they are now working on talking to the community. He stated that he has his money secured. Commissioner Dawson asked Mr. Binns when he expects to start moving dirt. He responded that he will be meeting with his group to go over some deadlines. From what they have assessed, they are looking at turning dirt in 14 months. He reaffirmed that before they turn dirt, they already have the funds. 7 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.men.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Commissioner Guyer asked when they started looking at the Palm Desert area for this project. Mr. Binns answered that he first started looking at the Coachella Valley about a year and a half ago, but originally was looking at Lake Elsinore. He indicated that one of the investors stressed to him to look at the Coachella Valley. He came out and has been meeting with different people to get some sense from the community. They have privately been doing their own investigation of the area to see if would make sense. Commissioner Guyer clarified if they contacted the City a couple of months ago. Mr. Binns replied yes. Commissioner Babcock stated his concern with the other groups in the area, such as the YMCA, Desert Recreation District, and others. Mr. Binns responded that their project would complement the other groups. He explained that there is a group of athletes between the ages of 13 and 18 that travel around the country before they go to college. He has talked to several of the groups and has agreements that they can give him 10 weeks a year from all of them. That is why he has mentioned to the Planning Department that they would need the facility on weekends. He stated that they are coming in to blend in with the community, and to find out what is going to work and be beneficial to everyone. Mr. Ballew commented that the City did a needs assessment survey a few years ago, and asked Mr. Binns if he has reviewed the results. He responded that he reviewed it lightly, but that his pro forma group is currently reviewing it. Commissioner Guyer asked Mr. Binns if he was a cricket player. He replied yes. Ms. Steele stated that if anyone had any questions to please let her know and she would pass it on to the Planning Department and to Mr. Binns. Mr. Bagato added that if the Planning Department receives an application and plans, Staff will bring it back to the Commission for more discussions. The Commission thanked The Mantas Group for their presentation. The Mantas Group thanked the Commission for their time. VI. NEW BUSINESS A. BASEBALL BUDDY PROGRAM 8 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Discussion and recommendation concerning a request to support and move the program into the City of Palm Desert. Ms. Steele stated that she was approached by Ms. Lisa Manning with the Baseball Buddies program, and noted that she provided information in the agenda packet. She explained that the group participated with a special needs baseball group in Palm Springs last year. They are interested in moving their program and affiliate with Palm Desert Youth Sport Association (PDYSA) to be more centrally located. Ms. Steele stated that the group has contacted Mr. Richard Weintraub, President of PDYSA. The group is not looking for any money. They will pay their admission into the league, which is $95 per child for uniforms and other items. She stated that she wanted to bring it to the Commission's attention that the league is looking at doing this. She feels it is a great opportunity for the City and it is the right thing to do in her opinion. She noted that Mr. Weintraub feels the same. She stated that a representative from Baseball Buddies is present to answer any questions. Ms. Manning could not be here because she had to work. Commissioner Housken commented that she thinks it is a great idea, and would fully support it. She noted that she recently read a news article that Coachella is working with Desert ARC to have some type of league, and was not sure the group was aware of that, and wondered if the two groups would work together. The representative responded that he was not aware of the group in Coachella. He explained that Baseball Buddies is a national program, and that his daughter and son-in-law started the program because they have a handicapped child. This year they have 22 kids signed up. The program is amazing if anyone ever wants to go out and see it. Mayor Spiegel asked where they would play. Ms. Steele responded that they would probably play at Freedom Park. Commissioner Guyer inquired how often the group plays. The representative responded that they play once a week for one hour. Commissioner Guyer asked if there will be a scheduling problem. Ms. Steele responded that there will not be. She stated that they have talked to Mr. Weintraub, and there is plenty of space during the time they are looking for at Freedom Park. Ms. Steele commented that when they have the schedule confirmed, she will let the Commission know. 9 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Commissioner Guyer moved to support the program in Palm Desert. Commissioner Dawson seconded the motion, and carried by a 9-0 vote. B. BICYCLE FRIENDLY COMMUNITY Discussion and recommendation to support moving forward with the Bicycle Friendly Community dedication and plan. Ms. Steele communicated that the Commission had asked about the Bicycle Friendly Community program at a previous meeting, and there was discussion on what the City can do to make it happen. She stated that Staff started meeting to discuss the program. Staff felt that they could move forward without spending any money due to the slowing down of the economy. Mr. Kevin Swartz, Assistant Planner, will take the lead in the process if everyone supports the program. Ms. Steele indicated that Mr. Swartz has prepared a staff report to the City Council pending the Commission's recommendation. She noted that the City Council needs to support the program in order to move forward with the application. In order to file an application, the City has to designate someone from the City as the Bicycle Friendly Community representative as well as a committee. Staff is recommending that the Parks and Recreation Services Manager is the representative and that the Parks and Recreation Commission serve as the Bicycle Advisory Committee. She explained that Mr. Swartz will make the recommendation to the City Council, if the Commission is in favor, moving forward with the first application phase, which is completing a simple application. If the City is selected by The League of American Bicyclists, Mr. Swartz will proceed in completing the second application. She noted that assistance from all Development Services Departments, Police Department, and the local bicycle club will be needed in order to provide programs and services. Ms. Steele made clear that there will be no costs until the City is selected. Down the road, the City may want to spend some capital funds on signage to indicate that Palm Desert is a Bicycle Friendly Community along with some marketing. Commissioner Schukart commented that it seems in the past five years or so there has been ongoing discussion concerning being more bicycle friendly in Palm Desert. His impression has been that it is very difficult because of traffic patterns and flow of traffic in the City. He stated that at one point the City was going to lose some bike lanes along with the City growing for automobiles and not bicycles, he asked how that can be turned around to qualify for a Bicycle Friendly Community. Ms. Steele responded that the City added approximately 35 miles of bike lanes. She 10 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 noted that the mid-valley bike path (Washington Street to Aqua Caliente) will be going in. Mayor Spiegel interjected that there was a problem with the funding for the mid-valley bike path. He stated that the Coachella Valley Association of Governments (CVAG) was trying to take some of the money away. He indicated that the City Manager and he are working hard to retain the money. He agreed with Commissioner Schukart's comments that bike lanes are disappearing. Mayor Spiegel commented that the City Council recently had a long discussion regarding the widening of Cook Street, and they agreed to not widen the road so bike lanes will remain. Ms. Steele mentioned that the Desert Recreation District was also doing a study for the white water canal path, but has not seen the results. She noted that there are other things involved besides having bike lanes such as education programs for bicyclists, classes, providing safety equipment, etc. She stated that the City should go ahead and apply to become a Bicycle Friendly Community, and find out where the City stands. Mr. Stendell commented that the existing network of bike paths in Palm Desert is extensive, but you are not always looking at a striped path. Other times you have to understand that you are looking at a shared sidewalk. He noted that when you look at the application that Mr. Swartz has been working on, there are things that the City is already doing. It might not be to the extent that other cities might have. He mentioned that the Bicycle Friendly Community logo is eye-catching. He has seen it on websites for different cities. Mayor Spiegel stated that selfishly it will bring tourists to Palm Desert. Commissioner Guyer commented that he believes that there are different levels, and it is not an all or nothing. Mr. Swartz interjected that there is a bronze, silver, gold, and platinum level. Commissioner Babcock mentioned his concern that bicyclists cannot trigger the signal lights and can become dangerous. There are some areas where you cannot make a left-hand turn. Mr. Gary Lueders, Bicycle Club, stated that he has been working with the City's Public Works Department to address the issue of turn lanes, and they are aware of it and are in the process of correcting the problem. He stated that the Bicycle Club is based in Palm Desert. All of their rides start at the Civic Center Park. He mentioned that he receives e-mails from all 11 G:IDevServices\Monica LoredolWord DatalParks&ReclMinutes12009 Minutes13-3-09.min.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 over the country saying that people are coming to visit the desert and ask where it is a good place to ride. He also mentioned that he sees the Bicycle Friendly Community as a marketing tool. He stated that he brought the idea to the Commission, and could have taken it to another Coachella Valley city, but wanted to keep it in Palm Desert. He commented that the Bicycle Club is ready to help, and sees this as a good opportunity. Commissioner Housken commented that she remembers when Mr. Lueders first brought it to the Commission. When Ms. Steele brought more information, everyone thought it was a great idea, but at the time it was a staffing issue. Now that there is City Staff available, she would move to pursue the Bicycle Friendly Community. Commissioner Housken moved to recommend to the City Council to pursue a "Bicycle Friendly Community" dedication. Commissioner Dawson seconded the motion, and carried by a 9-0 vote. VII. UNFINISHED BUSINESS A. PARKS AND RECREATION COMMISSION BYLAWS Discussion and recommendation to make changes to the Commission bylaws. Ms. Steele reported that Commissioner Guyer and Commissioner Hall served as a committee to look at the bylaws and recommend some changes. Commissioner Guyer stated that they added input to what they already had based on some bylaws that they saw from other cities. The recommended changes were indicated in the staff report. Commissioner Dawson asked if the bylaws need to be changed to reflect the order of the agenda. Commissioner Guyer did not make the recommendation to change the agenda since the Commission covers everything in a different order. Ms. Steele commented that she would check with the City Clerk to see if they need to change the order of the agenda. Commissioner Munson inquired if Article IV could read, ". . . if that individual misses two consecutive meetings . . ." instead of "two scheduled meetings." Ms. Steele responded that this is a City standard, and would have to check with the City Clerk. 12 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Mayor Spiegel interjected that there have been exceptions, and they will continue to make exceptions when warranted. Vice Chair Dash asked if it is possible to include the word "unexcused absences" that might help get them out of a bind. A couple of commissioners believed that you can. Commissioner Housken stated that she understood the City's standard as two excused absences. So you can have two excused absences, but it is when you have the third absence you are vacated. Ms. Steele stated that she understands it the same way as Commissioner Housken. Commissioner Guyer commented that they did add, ". . . upon review by the City Council." He noted that the City Council has to vacate the Commissioner and not the Commission. Mayor Spiegel announced that Commissioners Hall and Schukart's term have been renewed. Vice Chair Dash asked if it is necessary to identify who is going to excuse the Commissioner that is absent. Commissioner Guyer believes the City Council has to. Mayor Spiegel stated that if it an exception, then it goes to the City Council. Commissioner Guyer commented that was one reason why they added "upon review by the City Council," because it was not in the bylaws before, and he did not know who would do that. Commissioner Housken mentioned that she noticed in the last section of the bylaws (Article XI; Section 4) it mentions when inspection forms are due. Since they are now only meeting once a month, she asked if the schedule should be changed. Commissioner Dawson suggested changing it to monthly. Commissioner Dawson commented on the same Section 4, he recommended changing ". . . will inspect an assigned park and report the condition . . ." to ". . . will inspect an assigned park and report the condition and observations regarding improvements . . ." He noted that they are now not only looking for conditions, but also looking for improvements in the 13 G.IDevServices\Monica LoredolWord DatalParks&ReclMinutes12009 Minutes13-3-09.min.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 parks. In addition to Section 4, ". . . reported problems are corrected." should be changed to ". . . properly addressed." Chairman Barnard asked the Commission if they would like Staff to make the changes and bring back to the Commission. They replied yes. Commissioner Schukart moved for Staff to make changes to the bylaws and bring back for approval by the Parks and Recreation Commission. Commissioner Dawson seconded the motion, and carried by a 9-0 vote. VIII. REPORTS AND UPDATES A. FISCAL YEAR 2008-09 MID-YEAR BUDGET ADJUSTMENTS Ms. Steele noted that Staff was asked to take a look at their budgets, and make adjustments where they could for fiscal year 2008/2009. She stated that she is providing information on what was approved. She quickly went through the list of budget adjustments (staff report). Ms. Steele mentioned that Staff has meetings scheduled in April to discuss fiscal year 2009/2010. Commissioner Dawson commented that money was taken from the Special Park Fund 233, and wanted to know what that means. Ms. Steele explained that was from the amphitheater project in which she was going to recommend pulling out some funds for next year. She noted that there was $2.2 million in that account, and Staff was looking at spending somewhere from $300,000 to $700,000 based on the items that needed to be done. Ms. Steele stated that during the City Council meeting, it was offered up by the Finance Director and is now gone. It was helpful in balancing the budget. Mayor Spiegel voiced that it will now need to be requested for next year to redo the amphitheater. Ms. Steele interjected that she has already put it in with the capital projects, which she has to do ahead of time. She noted that during the bad economy, Staff was asked not to add any new capital projects. Commissioner Dawson clarified if they will still be able to make improvements to the amphitheater. Ms. Steele responded that they still have carry over money, but not $2.2 million. 14 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Mayor Spiegel commented that one of the things thrown out was the possibility of eliminating the guard at the skate park. It was the Council's decision to keep the guard. Ms. Steele stated that the budget adjustments should not change services. Commissioner Babcock inquired if police is still keeping an eye on parks. Ms. Steele responded that Lt. Shouse has been very responsive in asking his patrols to go through parks especially with problem areas. She noted that Mr. Niemczak has seen them go through on their bicycles. Mr. Stendell added that he has seen the two motorcycle cops eating their lunch by the bridge (by San Pasqual) everyday. Commissioner Babcock asked if they are doing night time patrols. Ms. Steele mentioned that she has been going to the Citizens on Patrol (COPS) meetings. She mentioned that she has started sending COPS the schedule of events going on in the park received from the Recreation District. She noted that they are going to provide six COPS to assist with Sports Opening Day. Ms. Steele commented that she has seen them more in the parks. Staff is doing everything they can to keep the parks patrolled. Commissioner Babcock stated that he does not see police on the trails. Ms. Steele replied that the City has a contract with Bureau of Land Management to patrol the trails, and noted that the gentleman is present. Commissioner Babcock voiced that he is going to have to talk to that gentleman. Ms. Steele stated that they are patrolling City property and citing people. Mayor Spiegel suggested inviting the Chief of Police to a meeting if the Commission wants to address a problem. Commissioner Guyer clarified if the money from the amphitheater went to the City's General Fund. Mayor Spiegel replied yes. Commissioner Guyer inquired where the money initially came from. Mayor Spiegel answered that the money was profit from the Park View Building. He explained that per an agreement, profit would go to the park. 15 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Commissioner Guyer asked if the agreement is no longer in place. Mayor Spiegel answered that was correct, and that it is now going into the General Fund. B. JOE MANN DOG PARK FENCE REPLACEMENT Ms. Steele reported that Staff had a lot of issues with the contractor who replaced the dog park fence, and probably will not work with them in the future. She mentioned that the contractor took down the fence and did not work on it for a month. The fence is up and completed and looks really nice. C. JOE MANN FENCE PLANTER Ms. Steele stated that there was a construction area at Joe Mann Park that looked bad, and it was recommended that some planters be installed to reduce the unsightly area. The planters were completed with photos included in the agenda. D. PARKING AT THE MIKE SCHULER TRAIL Ms. Steele commented that the parking at the Mike Schuler was brought up at a previous meeting. She reported that were no parking signs and red curbs along Painters Path Road near the trail. Staff checked with the Public Works Traffic Engineer, and they were told that the signs were installed when there was a track for remote controlled cars. Since the track is no longer there, the Traffic Engineer is going to recommend to the Director of Public Works the removal of the signs. Ms. Steele stated that Staff would let the Commission know when it happens. Commissioner Guyer asked if the model car store is gone. Mr. Stendell responded that they were. Commissioner Guyer inquired if the area could potentially be used for something else. Mr. Stendell replied yes. E. TRAIL MAINTENANCE Ms. Steele communicated that most of the washouts have been repaired and completed. She noted that Staff requested a proposal for additional repairs to the trail system. Mr. Schuler is also going to be installing some directional signs. Ms. Steele mentioned that the turnouts that the City of Rancho Mirage is going to pay for would be done last. 16 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Commissioner Schukart asked if bikes are allowed on the trail behind Target. Staff replied yes. Commissioner Schukart commented that he has been on the trail a couple of times when there were some bicycle and pedestrian issues. He mentioned that a pedestrian threw a rock at a bicyclist because he was going too fast that knocked a kid off the trail. He asked if anyone else has been on the trail, and have seen any issues with bicyclists and pedestrians. There were a couple of Commissioners that responded that they have. Mr. Stendell commented that when he is riding his bike on the trail, he stays clear of pedestrians. He feels that it is common courtesy, and stated that not everyone is going to be courteous. He noted that the trail usage has gone through the roof. Commissioner Schukart noted that he once saw a group of about twenty third graders with a couple of chaperones hiking along, and everyone else on the trail had to stop and have a picnic while they went by. Mayor Spiegel asked if bikes should not be allowed on the trail. Commissioner Schukart responded that he did not know and could be discussed. He commented that the trail is very windy and narrow. Commissioner Dawson asked if the turnouts would help. Commissioner Schukart answered that he would hope so; it might help. Chairman Barnard agreed that the cyclists are not the most courteous. Ms. Steele stated that she will discuss it with the Bureau of Land Management and Police Department to see if there are some things they could recommend. Commissioner Guyer asked Mr. Stendell what other trails bikes could go on. He replied every single trail. Mayor Spiegel suggested that Staff look into it, and return to the Commission with a recommendation. F. STATUS UPDATES Ms. Steele mentioned that at the last meeting, there was request to provide an update on current projects. She communicated that Staff provides a status report to the City Manager every week. Ms. Steele 17 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 stated that she would also provide the report to the Commission. She briefly went through projects on the report. Commissioner Dawson commented that the status report is a good idea. He noted that weekly might be a bit too much, and asked if she could provide it monthly in the agenda packet. Ms. Steele replied that she would. Mr. Croy interjected that he asked for the status reports so that the new City Manager could be updated on projects and get up to speed on what is going on weekly. Ms. Steele introduced Mr. Wohlmuth to the Commission. G. YOUTH SPORTS OPENING DAY Ms. Steele invited the Commission to the Youth Sports Opening Day. She listed events for the day. Mayor Spiegel asked what time he needed to be there. Ms. Steele responded that the ceremony begins at 11:00 a.m., and offered to pick him at the Civic Center parking lot at 10:30 a.m. She offered to pick up Commissioners as well. Mayor Spiegel mentioned that Mr. Steve Garvey and the United States Marine Band will be at the opening. Commissioner Schukart noted that it gets crowded for Opening Day, and advised the Commission to not park in the gravel area at COD. He stated that there is a baseball double header the same day and foul balls reach the gravel lot. H. TRENDSCAN INFORMATION Ms. Steele commented that the agenda packet included the California Parks and Recreation Society's (CPRS) "Trendscan Information." She noted that Mr. Niemczak is not at the meeting today because he is attending the CPRS conference, and that she will also be leaving later in the day to the conference. She mentioned that the conference will be held in Palm Springs next year, and hopes that the Commission will be able to attend. Commissioner Housken thanked Ms. Steele for the information. 18 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 I. DESERT RECREATION DISTRICT Ms. Steele reported that she provided a copy of the District's General Manager's update in the agenda packet. Commissioner Housken stated that she appreciated receiving program numbers. She noted that the counts for the skate park, weight room, gymnasium, and racquetball are high and figured it was because they are counted hourly. Ms. Steele commented that she spoke with Mr. DeWitt, and explained that they are trying to find a better way to count how many people are in the building rather than counting some people double and maybe missing some people. Mr. DeWitt communicated that they try to keep track of the spectators because they have recognized that in some classes spectators are getting as much out of it as the person attending the class. Commissioner Housken stated that she found the program participation totals interesting for each month. She noted that November had 96, December had 54, and January had 110. Commissioner Housken voiced that she was shocked, and could see that numbers going down during the holidays. Mr. DeWitt stated that one reason numbers are low in December is due to being closed for a week and a half for some maintenance and to participate in the Christmas parade. Commissioner Housken commented that she did not realize that the District offers afterschool, and asked how late it runs. Mr. DeWitt responded that it runs until 5:30 or 6:00 p.m. He mentioned that the program has not been very successful, but they feel it is important to offer. They have made some changes to the program to create some different opportunities and to see if it grows. Chairman Barnard stated that he would like to address the contract next month. He commented that the District counsel is saying that the contract might not be legal and finds it very disturbing. Mayor Spiegel believed that a new contract is being written. Ms. Steele stated that the contract is done and has been in the Executive Director's hands since the beginning of January. She mentioned that she held off bringing it to this meeting because she thought Chairman Barnard 19 G:IDevServices\Monica LoredolWord DatalParks&ReclMinutes12009 Minutes13-3-09.min.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 was not going to be at today's meeting, but will bring it to the meeting in April. Commissioner Housken agreed with Chairman Barnard and found it interesting reading about it in the District's Board update report. She also gave kudos to Ms. Galvez regarding $2,916,775 that the District does not own and belongs to the City of Palm Desert. The District overstated their assets by a total of $5 million when the City of Palm Desert is counting pennies. Commissioner Housken hopes that other organizations here are counting pennies as well. J. FAMILY YMCA OF THE DESERT Ms. Steele stated that the YMCA provides her with information on programs offered by the YMCA. She commented that she would provide the Commission with the information when she receives it. Ms. Steele announced that she was appointed to an Ex Officio position on the YMCA Board. She noted that a job description was included in the agenda packet. The group will meet once a month with representatives from all valley cities, school districts, and Supervisor Wilson's office. Mr. Ballew, Family YMCA of the Desert, briefly gave an overview of the meetings, which their overall goal is to improve communication between the YMCA and cities they serve. K. PARK INSPECTIONS Ms. Steele asked the Commission if it would be okay with everyone to turn in their inspection sheets by the 15th of every month. The Commission agreed that they would. L. NEWS ARTICLES There were no comments regarding the news articles. IX. COMMISSIONER COMMENTS Commissioner Dawson commented that he was at Legends Fields, and it looked like someone ripped of the pictures from two of the pillars. Ms. Steele responded that the two pillars are new. Staff will be adding Mr. Steve Garvey to one of the pillars, which has not been put up yet. She mentioned that he will be presented with the picture during the Youth Sports Opening Day. The other pillar will be available for next year. 20 G:IDevServices\Monica LoredolWord DatalParks&Rec\Minutes12009 Minutes13-3-09.nun.docx PARKS AND RECREATION COMMISSION PRELIMINARY MINUTES MARCH 3, 2009 Commissioner Munson inquired if she missed the tour of the Parks Inspectors new offices. Ms. Steele responded that Staff forgot to schedule it after the last meeting. She will schedule a tour after the next meeting. Commissioner Housken commented that she was at Ironwood Park last Friday, and it was the busiest she has ever seen it. The barbeques were going and everyone was using the new equipment. Commissioner Housken shared that this Friday there is going to be a reception celebrating the lives of three 90 plus year old painters that are still painting in their 90's. It is being held at the Historical Society from 3:00 to 6:00 p.m. She mentioned that the show extends through March 14, 2009. Ms. Steele announced that there is a big college baseball tournament at the stadium in Palm Springs starting March 4 through March 8. X. ADJOURNMENT Upon motion by Commissioner Guyer, seconded by Commissioner Dawson, the meeting was adjourned at 10:30 a.m. Monica Loredo, Recording Secretary 21 G:IDevServices\Monica LoredolWord DatalParks&ReclMinutes12009 Minutes13-3-09.min.docx CITY OF PALM DESERT PARKS AND RECREATION e • 1.77t %04t, • STAFF REPORT To: Parks and Recreation Commission From: Jay Niemczak, Parks Facilities Manager Date: April 7, 2009 Subject: Civic Center Park Water Feature The water feature located at the Civic Center Park is a very popular place with families during the spring and summer months. The existing installation of the water feature routes waste water to a storm drain located in the park near the YMCA building. The water overloads the drywell causing it to back up and create nuisance water (see attached photos). On March 19, 2009, Parks and Public Works Staff met to discuss a plan that would route the waste water to the sewer, which is the appropriate disposal method for this type of waste water. Public Works Staff will perform the necessary trenching, and Parks Staff will replace irrigation and landscaping. A plumber will install the correct piping. The project is expected to begin the week of March 23, 2009. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Civic Center Water Feature\Civic Center Water Feature.doc ' - l i 6. tip: V. T' ','`. �.. . �•' • � .. • V� i -. .I' � fi'• A � 'rye , i/ E -, .l - r" ,[ Water source , F -, • 44 " .y, t 1• 14 4, • I •^'' ~.. ,� r Jay 1. 1 • \ ' II ---r - • Associated waste and limess. ;r � _ 'i-"cry. • Yei ~•• - .- ?Y=-�.-+i={-..,,.. _ ^.}."'�Y:::- +.f.,i: 'b4 jt;iW1 TT: _ - •Z•, R. - -Y..wr y-. _• a.Ha.- ."',•ti':'- ''x:,., '' . �.•... ;vim. - :1 � + ti+ _ 2. at. NMNN, CITY OF PALM DESERT ya \ : _ PARKS AND RECREATION we �`7°. STAFF REPORT egT�9 3yo��f To: Parks and Recreation Commission From: Jay Niemczak, Parks Facilities Manager Date: April 7, 2009 Subject: Freedom Park Skate Park The skate park at Freedom Park was designed with bolt down components made of recycled material. Even though they were installed with tamperproof bolts, users of the skate park unbolt the components and place them throughout the park. Staff has repeatedly recovered the moved components and re-attached them with tamperproof screws with no success. Staff was finally forced to place the components in storage until a better solution can be found. Staff has searched for manufacturers that could supply concrete components that would be permanent and too heavy to move. Staff requested a proposal from Spohncrete, a company that supplies pre-fab concrete skate park features. An estimate of $51,975.00 was received for a concrete version of the existing features. Spohncrete is the only local company Staff has found that supply pre-cast concrete skate park features. Staff will continue to research local companies that may provide similar products, but at this time would not recommend spending $51,975.00 in light of the current economy. Attached are pictures of the skate park at Freedom Park. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Freedom Park Skate Park\Freedom Park Skate Park.doc .,..,.v .at .� t . r,.1074-i' i„', _ • : - .: 1 :. al . . 1. , Ji. ;404 ,.;.J... ' -, wi • • • r " • , '~•Ys '4 iiiiiIIIIIIIIM *i , I ' I IR OO a OO M We to NI essuamq. ' . '''.. . 1111 _ , . 4%0 ,i.:-.;• " '''.."‘IliL - irt•- . .-..-!---, .-.... _ . . 1 - _ -if ,,,,,•„, -, . _ . .. . 4 -... iiiiii NMNN, CITY OF PALM DESERT ya \ : _ PARKS AND RECREATION we �`7°. STAFF REPORT egT�90.1 3yo��f To: Parks and Recreation Commission From: Jay Niemczak, Parks Facilities Manager Date: April 7, 2009 Subject: Ironwood Park Playground On July 19, 2008, Staff published a Request for Proposal (RFP) to replace the playground equipment at Ironwood Park as part of the City's Parks and Recreation five- year capital improvement plan for playground upgrade/replacement. On October 9, 2008, the City Council awarded the Ironwood playground replacement contract to Innovative Playgrounds Company of Palm Springs, California. Innovative Playgrounds Company began demolition of the existing playground in December, and completed the new installation February 20, 2009. The new playground utilizes the contemporary climbing and interactive features that are very popular at Freedom Park. The entire playground is now covered, as one of the complaints we frequently received at this park was that the playground was only partially covered. In addition, the sand surfacing has been replaced with engineered wood chips, which allow ADA access to all portions of the playground. Attached are pictures of the playground design for Ironwood Park. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Ironwood Playground\Completion of Ironwood Playground.doc rAt- .,- r• '4'1 -puff i ...‘r- . . .I_ 4. • . .,- . ,-,-J-7 , 1.14"2m-zt .t. -,.....‘ , . . - - . . .. . _ _ ._ , - • -----_._ • ? - _,-, . i ...ik ..- . . . . .,_ . '. - ..,,,ii-.. -• .,,.ifcii, ...:4- ...-.,, , '....tir . , , .•A 4 - . .4d, . . ' 1 _ . ,3 . -.- 1 L.-4" 11. 1' ,,. ..--,- '''' ---"i0114.0 I' •.---- . 1 " i •••• - ,—i.•• • . ---- •.- ._ - '',;" --.• -Ni:. .A i" L.'-'7.2_- ...,-..,t. - IF— . , -.. . -sin.P~•'1 6"... •-• - -I-• __..7.----/------= -- -- ..-oaltipi, - 3P- 4'• :C. '-,41---:"..). 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L - ice.. -.L#r I y �.io.. i 03/10/2009 03/10/2009 NMNN, CITY OF PALM DESERT ya ----N : _ PARKS AND RECREATION we 04-v..�'� STAFF REPORT To: Parks and Recreation Commission From: Jay Niemczak, Parks Facilities Manager Date: April 7, 2009 Subject: Ironwood Park Pavilions The picnic pavilions and playgrounds throughout the City are used a great deal, and the maintenance of the amenities is an ongoing task. Recently, Staff noticed the deterioration of paint on the pavilions at Ironwood Park. Staff requested proposals for the painting of the three pavilions at Ironwood Park during the first week in March. The contract was awarded to Zamora Painting Inc., in the amount of $1,995.00. Work on the pavilions began on March 13, 2009, and was complete on March 16, 2009. Attached are before and after pictures for the Commission's review. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Ironwood Pavilions\Ironwood Pavilion Painting.doc f si yJ A 03/12!2009 03/12/2009 a . - - � f._ ` 03/12/2009 03/12/2009 BEFORE -----.7%--,_ - ------'- -'____,.......- . ---'4'..........., ,..._ _., .,- ,,. 0316,2009 _. .e. e . .._. ..40...:, .,,' ..,- Lifw de.---- ,-----, •:":0". ,... - ,-- 8"11r1",L •- ..:7 ' A• ' ' -:-=. • ' 1 I: . • ..N . 03/1 6/2009 ---.4 -. 05/17/2009 AFTER CITY OF PALM DESERT PARKS AND RECREATION e • ns° frf• STAFF REPORT To: Parks and Recreation Commission From: Janis Steele, Parks and Recreation Services Manager Date: April 7, 2009 Subject: International Sports Festival Executive Summary Attached is a copy of the final report and evaluation of the 2009 International Sports Festival. Ms. Barb Adair, Superintendent, Recreation and Leisure Services for the Desert Recreation District will be available to present the report and answer any questions. * I � DESERT RECREATION DISTRICT Palm Desert International Sports Festival Executive Summary The City of Palm Desert and the Desert Recreation District was host to the 9th Annual International Sports Festival (ISF). This year the Festival attracted 1097 participants during the four days of competition, February 5 —9, 2009. Participation The past three years the games have continued to see an increase in participation. • New for 2009 was the addition of the Masters Division, ages 35 —49. • The 2009 Games participation increased by 344 athletes. • 18 - 27% increase of athletes for three consecutive years. • Local participation in 2009: 277 • Nonresident participation in 2009: 820 • Athletes came from several states, Colorado, Arizona,Nevada,New Mexico, Utah, Hawaii, as well as Canada and Great Britain. Marketing New for 2009 was the addition of television marketing ads with KESQ to target our local market in the valley in conjunction with our District and ISF catalogs. • 45 minutes of airtime was purchased for marketing the games/ABC 3 News & FOX 11 News/ 14 day schedule. • Full color page ad in our District catalog promoting ISF, mailed to the 200,000 households in the valley. • Purchased sport specific mailing lists • 30,000 ISF catalogs sent to past participants, residents in the valley and surrounding Cities. • Color posters placed at various golf courses, athletic retail stores, hosting venues and private communities across the valley. • Desert Recreation District website placed ISF as our featured event. • Marketing was the largest expense in operating budget. Exposure for Palm Desert As the title sponsor for the games, the city's logo was predominantly placed on all 1200 shirts for our participants and staff. As well as featured on the 230,000 publications we produced. • KESQ.com placed our cover page on the website with the city as title sponsor. • ISF was featured in Palm Desert's BrightSide publication. • Featured in the Desert Sun newspaper on line and in print calendar section. • Palm Desert and the logo are placed in all the results books we send to the participating athletes for the games. • MSN.com did a story on pickle ball athletes who competed here in Palm Desert. • 30,000 ISF Registration books mailed to athletes outside the valley. Venues One of our goals for 2009 was to offer locations that would accommodate both athletes and family members during the games that would showcase locations in Palm Desert. • The Living Desert—Gala and Opening Dinner for athletes. • Desert Falls Country Club • Palm Desert Community Center and Civic Park • Palm Desert Athletic Club • Hovley Soccer Park • University Park • Palm Desert High School Sanctioned Events for Athletes We uphold the California Senior Games Association obligation by offering our athletes the very best in officiating and registered sporting events. These events are sanctioned with governing bodies; therefore times/scores can be recorded and used to promote these athletes to the state games. • USTA tennis • USAPA for pickle ball • USATF for track and field • USA Swimming • USAV for volleyball • Partnering with the city of Palm Springs to enhance the senior softball and promote those athletes to the state games. Palm Desert's 2009 Legend's Field Honoree This year, the city of Palm Desert and the Palm Desert International Sports Festival honored Steve Garvey as the 2009 Legend's Field Honoree. NMNN, CITY OF PALM DESERT ya \ : PARKS AND RECREATION �`....� STAFF REPORT egT�9 3yo��f To: Parks and Recreation Commission From: Janis Steele, Parks and Recreation Services Manager Date: April 7, 2009 Subject: Parks Maintenance Contracts The park maintenance contract for Palm Desert city parks currently includes all the parks under one contract. Staff believes that splitting the contract into three separate contracts will be more beneficial to the City of Palm Desert. The current contract expires on June 30, 2009. Information on the three separate contracts is as follows: 1. North Area Park Maintenance: • University Dog Park • University Park East • Freedom Park • Joe Mann Park • Hovley Soccer Park a. Posted: March 24, 2009 b. Pre-bid meeting: Wednesday, April 1, 2009, at 9:00 a.m. c. Tour: Wednesday, April 1, 2009 at 11:30 a.m. d. Bid opening: Wednesday, April 29, 2009, at 11:00 a.m. 2. Central Area Park Maintenance: • Civic Center Park • Magnesia Falls City Park a. Posted: March 24, 2009 b. Pre-bid meeting: Wednesday, April 1, 2009, at 9:45 a.m. c. Tour: Thursday, Thursday, April 2, 2009, at 9:00 a.m. d. Bid opening: Wednesday, April 29, 2009, at 11:15 a.m. Park Maintenance Contracts April 7, 2009 Page 2 of 2 3. South Area Park Maintenance: • Ironwood Park • Haystack/Smoketree Parks • Cahuilla Hills Park • Cap Homme/Ralph Adams Park • San Pablo Community Gardens • Palma Village Park • Washington Charter School Park a. Posted: March 24, 2009 b. Pre-bid meeting: Wednesday, April 1, 2009, at 10:30 a.m. c. Tour: Thursday, April 2, 2009, at 11:00 a.m. d. Bid opening: Wednesday, April 29, 2009, at 11:30 a.m. Pre-bid meetings were mandatory and the tours were optional. Attached is a copy of the new contract. The attached copy is for the "North Area". G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Park Maint Contract\Park Maintenance Contract.doc r� fir! b CITY OF PALM DESERT RIVERSIDE COUNTY CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONTRACT NO. PARK MAINTENANCE CONTRACT FOR NORTH AREA March 24, 2009 PREPARED UNDER THE SUPERVISION OF: JANIS STEELE PARKS AND RECREATION SERVICES MANAGER 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260 TABLE OF CONTENTS NORTH AREA PARK MAINTENANCE CONTRACT CONTRACT NO. PAGE CONTRACT DOCUMENTS NOTICE INVITING BIDS 3 INSTRUCTIONS TO BIDDERS 5 AFFIDAVIT OF NON-COLLUSION 8 CONTRACTOR'S PROPOSAL 10 GENERAL TERMS AND CONDITIONS 13 SPECIFIC TERMS AND CONDITIONS 18 AGREEMENT 31 ATTACHMENTS EXTRA WORK PRICING SCHEDULE 35 FREQUENCY SCHEDULE 38 IRRIGATIONCHECKLIST 42 NOTICE INVITING BIDS PARK MAINTENANCE CONTRACT CONTRACT NO. PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert, as AGENCY invites sealed bids for the above-stated project and will receive such bids in the offices of the City Clerk up to the hour of 11:00 a.m., Wednesday the 29th day of April 2009, at which time they will be publicly opened and read aloud. The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Specifications and Contract Documents for the North Area Park Maintenance Contract. Specifications and Contract Documents are available from the AGENCY. This contract will be for a twelve (12) month period starting July 1, 2009, with an option for a one-year extension based on contractor's performance. In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the work is to be performed. A copy of said wage rates is on file at the City Clerk's office of the City. In accordance with City Ordinance No. 859, this project shall not require prevailing wage payments. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code except that this project shall not be subject to prevailing wage law (Labor Code Section 1770, et. seq.). A copy of said wage rates can be obtained by accessing the Department of Industrial Relations website at: www.dir.ca.gov/DLSR/statistics research.html, or by contacting the District Office at 464 West Fourth Street, Room 348, San Bernardino, CA 92401, telephone (909) 383-4334. The contract documents call for monthly progress payments based upon the Park and Recreation Services Manager's estimate of the percentage of work completed. At the request and expense of the successful bidder, the City will pay the amounts so retained upon compliance with the requirements of Government Code Section 4590 and the provisions of the contract documents pertaining to the Substitution of Securities. Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside "SEALED BID FOR THE PARK MAINTENANCE CONTRACT — NORTH AREA (CONTRACT NO. ) - DO NOT OPEN WITH REGULAR MAIL". Page 3 of 42 All questions must be put in writing and be received by the City no later than 11:00 a.m. on Friday, April 24, 2009. Requests for clarifications, questions, and comments must be clearly labeled, "Written Questions" and addressed to Janis Steele, City of Palm Desert, Department of Parks and Recreation. The City is not responsible for failure to respond to a request that has not been labeled as such. The AGENCY reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of sixty (60) days. At the time of contract award, the prime contractor shall possess a C-27 license. BY ORDER OF the City Council of the City of Palm Desert. Dated this day of , 20 . RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 Page 4 of 42 INSTRUCTIONS TO BIDDERS 1. Form of Proposal. The proposal must be made on the form of a Contractor's Proposal, which is included in the Contract Documents and must be completely filled in, dated and signed. If provision is made for alternatives, they must all be bid, unless otherwise provided in the Special Provisions. Bids must be submitted on all items and schedules included in the Contract Documents. FAILURE TO BID ON ALL ITEMS AND SCHEDULES MAY RESULT IN THE BID BEING REJECTED AS NON-RESPONSIVE. 2. Bid Bond. The Proposal will require a Bid Bond. 3. Submission of Proposal. A proposal must be submitted in a sealed opaque envelope that clearly identifies the bidder and the project. Bids must be received by the time and at the place set forth in the Notice Inviting Bids and may be withdrawn only as stated in the proposal. 4. Contract Documents. The complete Contract Documents are identified in the Agreement. Potential bidders are cautioned that the successful bidder incurs duties and obligations under all of the Contract Documents and that they should not merely examine the Plans and Specifications in making their bid. 5. License. To be considered, a potential bidder must have the kind of license required under provisions of the California Business and Professions Code for the work covered in its Proposal when its bid is submitted. This includes a joint venture formed to submit a bid. 6. Quantities. This contract is a unit price bid for all work shown on plans and specifications. Quantities shown are but estimates and final payment will be based upon the methods outlined in the Standard Specifications or as modified by the Special Provisions contained herein. 7. Interpretation of Documents. Discrepancies, omissions, ambiguities, and requirements likely to cause disputes between trades and similar matters shall be promptly brought to the attention of the AGENCY, in writing, and to the attention of the Director of Public Works. When appropriate, Addenda will be issued by the AGENCY. No communication by anyone as to such matters except by Addenda affects the meaning or requirements of the Contract Documents. 8. Addenda. The AGENCY reserves the right to issue Addenda to the Contract Documents at any time prior to the time set to open bids. Each potential bidder shall leave with the AGENCY its name, address, phone number and e-mail address for the purpose of receiving Addenda. AGENCY will cause copies of Addenda to be mailed, delivered or e-mailed to such names at such addresses. To be considered, a Contractor's Proposal must list and take into account all issued Addenda. Bids, to be acceptable, must acknowledge receipt of all Addenda. Page 5 of 42 9. Inspection of Site. Bidder must examine the site and acquaint themselves with all conditions affecting the work. By making its bid a bidder warrants that it has made such site examination as it deems necessary as to the condition of the site, its accessibility for materials, workmen and utilities and ability to protect existing surface and sub-surface improvements. No claim for allowances, time or money, will be allowed as to such matters. 10. Bids. Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items. In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail, provided however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "total column," then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: a. As to lump sum items, the amount set forth in the "Total" column shall be the item price. b. As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. The evaluation of bids and award of contract shall be based solely on the final decision of the City. The City reserves the right to award the contract on either of the schedules to the lowest responsible bidder. 11. Award of Contract. Acceptance by the AGENCY at a meeting regularly called and held of a Contractor's Proposal authorizes AGENCY to enter into a contract subject to the execution by both CONTRACTOR and AGENCY of a written agreement evidencing said contract, and CONTRACTOR providing all requirements set forth in said contract including, but not limited to, insurance and bonding requirements. CONTRACTOR is advised that the AGENCY has up to 90 days from Award of Contract within which to issue the Notice to Proceed. 12. Return of Guarantee. (If Applicable): Bid Bonds or checks of unsuccessful bidders will be returned by mail when the executed agreement and bonds are received by AGENCY. Bid Bonds of the successful bidder will not be returned but is exonerated by its execution and delivery of the Agreement and the bonds. If the guarantee of the successful bidder is a check, it will be returned at the time a Bid Bond would be exonerated. 13. Qualifications of Bidders. No award will be made to any bidder who cannot give satisfactory assurance to the AGENCY as to his own ability to carry out the contract, both from his financial standing and by reason of his previous experience as a contractor on work of the nature contemplated in the contract. The bidder may be Page 6 of 42 required to submit its record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of bid. 14. Subletting and Subcontracting. Bidders are required pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Government Code) to list in their proposal the name and location of place of business of each sub-contractor who will perform work or labor or render services in or about the construction of the work or improvement or a sub-contractor who will specifically fabricate and install a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of one half of one percent (0.5%) of the prime CONTRACTOR'S total bid. Failure to list a sub-contractor for any portion of the work under the guidelines above implies that the CONTRACTOR'S own forces will do that portion of the work. It is the AGENCY'S intent for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the work. 15. Substitution of Securities in Lieu of Retention. CONTRACTOR is advised that he may, at his sole cost and expense, substitute securities equivalent to any monies withheld by the AGENCY to insure performance under the contract. Such securities shall be deposited with the AGENCY or with a State or Federally Chartered Bank as escrow agent and shall pay such monies to the CONTRACTOR upon satisfactory completion of the contract. The CONTRACTOR shall be the beneficial AGENCY of any securities substituted for monies withheld and shall receive any interest thereon. Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. 16. Government Code Section 4551. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or sub-contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section)* or under the Cartwright Act (Chapter 2 (commencing with Section 16700) or Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties. 17. Pre-Bid Conference. A mandatory pre-bid conference will be held on Wednesday, April 1, 2009, at 9:00 a.m. in the Community Services Conference Room. A tour of the site will be held at 11:30 a.m. on the same day. The tour will begin at the Civic Center in the Public Works/Planning lobby. * 15 U.S.C.A. Chapter 15 Page 7 of 42 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR CONTRACT NO. PARK MAINTENANCE CONTRACT — NORTH AREA STATE OF CALIFORNIA) )SS COUNTY OF RIVERSIDE) being first duly sworn, deposes and says: that he is of (insert"Sole AGENCY","Partner",or other proper title) (insert name of bidder or other proper title) who submits herewith to the City of Palm Desert, a Proposal; That all statements of fact in such Proposal are true; That such Proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association or corporation; That such Proposal is genuine and not collusive or sham; That such bidder has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Palm Desert, or of any other bidder of anyone else interested in the proposed contracts; and further, That prior to the public opening and reading of Proposal, said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham Proposal. (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham Proposal, or that anyone should refrain from bidding or withdraw their Proposal. (c) Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead, profit, or cost element of this Proposal price, or that of anyone else. (d) Did not, directly or indirectly, submit their Proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Palm Desert or to any person or persons who have a partnership of other financial interest with said bidder in his business. Page 8 of 42 (e) That no councilperson, officer, agent or employee of the City of Palm Desert is personally interested, directly or indirectly, in this contract, or the compensation, oral or in writing, of the City Council its officers, agents or employees, has induced them to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms. Subscribed and sworn to before me this day of , 20 By: Notary Public in and for said County and State Title: CONTRACTOR'S PROPOSAL FOLLOWS Page 9 of 42 CONTRACTOR'S PROPOSAL FOR: PARK MAINTENANCE CONTRACT — NORTH AREA NO. TO: CITY CLERK City of Palm Desert 73510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that they have carefully examined the Specifications accompanying the Invitation to Bid and is thoroughly familiar with the contents thereof, is authorized to represent the bidding firm and propose services to Palm Desert. It is understood that the price shown hereon includes all routine and seasonal maintenance described in the specifications. For each item, the averaged one-month maintenance cost shall be indicated and the total of these costs shall be extended for the term of the contract. ITEM DESCRIPTION PRICE PRICE (MONTHLY) (ANNUALLY) 1. Joe Mann Park $ $ 2. Freedom Park $ $ 3. Hovley Soccer Park $ $ 4. University Dog Park $ $ 5. University Park East $ $ TOTAL $ $ CONTRACTOR'S PROPOSAL TOTAL AMOUNT BASE BID IN FIGURES $ TOTAL AMOUNT BASE BID IN WORDS CONTRACTOR'S PROPOSAL (Continued) The costs of any work shown or required in the specifications, but not specifically identified as a Pay Item are included in the Pay Items, and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the specifications. Page 10 of 42 CONTRACTOR'S PROPOSAL (CONTINUED) COMPANY ADDRESS ( ) ( ) TELEPHONE FAX BID PREPARED BY TITLE SIGNATURE DATE TECHNICAL ABILITY AND EXPERIENCE The bidder must verify acceptable experience of diversified landscape maintenance, which will enable the City to judge the responsibility, experience, skill, and business/financial standing of the bidder. Due to the location, difficult nature and plant material associated with this maintenance area, the City Council of the City of Palm Desert reserves the right to reject bids from firms that do not reflect adequate experience and qualifications to conduct the necessary work. Additional numbered pages outlining information required or this portion of the proposal shall be attached as necessary. The bidder is required to state all work of a similar character to that included in the proposed contract that he has performed in the last three years. Provide references with an address, contact person and phone number. Contract Class of Date Name, Address & Telephone Amount Work Completed No. of AGENCY 1 2 3 Page 11 of 42 CONTRACTOR'S PROPOSAL (CONTINUED) Due to the location, size/extent and maintenance requirements of the maintenance area, bidder is required to state how he will provide the necessary maintenance and services in the specifications. State the estimated manpower your company will use each week to fulfill the contract, including supervision, irrigation and general labor sub- categories. Please include the following: Local Office Address: Phone: ( ) Emergency Contact Person Name: Title: Phone: 2nd Phone: Email Address: Page 12 of 42 GENERAL TERMS AND CONDITIONS BUSINESS License The City's Business License Ordinance requires that a Business License Receipt be obtained before any business or trade is conducted within the City. City will obtain verification that the bidder has a valid City of Palm Desert Business License Receipt prior to the execution of the contract. CONTRACT REQUIREMENT The bidder to whom the award is made shall execute a written agreement with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in this proposal. The agreement shall be made in the form adopted by the City and incorporated in the specifications. FAILURE TO ACCEPT CONTRACT If the bidder to whom the award is made fails to enter into the contract, the award will be annulled, and an award may be made to the next lowest responsible bidder, and that bidder shall fulfill every stipulation as if it were the party to whom the first award was made. LABOR ACTIONS In the event that the selected bidder is experiencing a labor action at the time of the award of the contract (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said bidder is no longer the lowest responsible bidder and to accept the next acceptable low bid from a bidder that is not experiencing a labor action, and to declare it to be the lowest responsible bidder. WORKERS' COMPENSATION COVERAGE The Contractor shall procure and maintain, during the life of the contract, workers' compensation insurance for all his or her employees engaged on or at the site of the project; and in case any of the work is sublet, the Contractor shall require all sub- contractors to similarly provide workers' compensation insurance by protection afforded by, workers' compensation insurance carried by the Contractor. SAFETY PROGRAM Upon request by the City, the Contractor shall furnish the City with a copy of their California OSHA required Injury and Illness Prevention Plan, or written description of their exemption, before proceeding with any work under this agreement. Page 13 of 42 GENERAL TERMS AND CONDITIONS (CONTINUED) CALIFORNIA OSHA The Contractor is fully responsible for ensuring that all work performed under this contract is in compliance with the California OSHA standards and regulations. Any delays in project completion, fines, legal fees, consulting costs or other losses stemming from California OSHA actions against the contractor for work performed under this agreement are the sole responsibility of the Contactor. CONTROLLING EMPLOYER The Contractor shall acknowledge that for the purposes of maintaining compliance with all California OSHA regulations and Standards they are the "controlling employer" for all their work sites. INSURANCE, HOLD HARMLESS, AND INDEMNITY FOR LIABILITY INSURANCE The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on an occurrence basis with a combined single limit of at least $1,000,000 per occurrence, and $2,000,000 general aggregate, for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations. The General Liability Policy shall add the City of Palm Desert as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Workers' Compensation Insurance. A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non- owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements. Page 14 of 42 GENERAL TERMS AND CONDITIONS (CONTINUED) All of the above policies of insurance shall be primary and non-contributing insurance. The Commercial General Liability insurance policy shall add "the City, its officers, employees and agents" as additional insured. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the City. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance and Additional Insured Endorsements that are approved by the City. In the event the Contractor subcontracts any portion of the work, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. INDEMNIFICATION Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless there from; Page 15 of 42 GENERAL TERMS AND CONDITIONS (CONTINUED) (c) The Contractor shall maintain strict compliance with all provisions of Cal OSHA Standards and Regulations. The Contractor acknowledges and hereby agrees to be defined as the "Controlling Employer" at the job site. As the "Controlling Employer" the contractor shall take reasonable steps to ensure that all subcontractors maintain compliance with Cal OSHA Standards and Regulations. The Contractor shall be responsible for all fines, penalties and judgments that result from Cal OSHA action; (d) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. CONTRACT ASSIGNMENT The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity or any kind without the previous written consent of the City Council of the City of Palm Desert. NON-DISCRIMINATION In the performance of the terms of this contract, the Contractor agrees that it will not engage in, nor will it permit its sub-contractors to discriminate in the employment of persons because of age, race, color, sex, national origin or ancestry, or religion. LOCAL OFFICE The Contractor shall maintain a local office with a competent representative that can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the City. A local office is one that can be reached by telephone without it being a toll call. An answering service or mobile telephone shall not fulfill the requirement for a local office. PERSONNEL The Contractor shall furnish sufficient supervisory and working personnel capable of accomplishing, on schedule, all work required under this contract. Page 16 of 42 GENERAL TERMS AND CONDITIONS (CONTINUED) CONTRACTOR IDENTIFICATION The Contractor shall insure that all working personnel are identified by a work uniform that, at a minimum, consists of a shirt that identifies the company. All work vehicles used on the project shall also be identified, at a minimum, with the company name adequately displayed on the vehicles. PAYMENT TERMS The Contractor shall be paid monthly, in arrears, for the work specified and performed satisfactorily under this contract. The City's payment terms are thirty (30) days from the receipt of an original invoice, revised reports and acceptance of materials, supplies, or services (Net 30). PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT The City of Palm Desert has set up very specific criteria in which to evaluate the performance of the Contractor on a weekly basis. If performance by the Contractor is deficient, the City reserves the right to subtract a cost from the monthly billing. Since it is difficult to quantify and assess a value to every aspect of the work, the City shall implement a standard $100 cost per incident. The following describes deficiencies: 1. Lack of compliance to specifications, i.e., failure to adequately mow, edge, litter pick, sweep/rake, weed, prune, remove dead plant material, etc. 2. Failure to provide specified reports or to falsify reports. 3. Failure to supply adequate equipment, labor or supervision. 4. Failure to repair irrigation deficiencies in the allotted time frame. 5. Failure to comply with schedules. Variances may be approved by request. Delays in part acquisition or adverse weather conditions will be taken into consideration. 6. Failure to protect public health and safety. 7. Failure to provide contractor/company identification on vehicles or for Employees. SEVERABILITY If any term, provision or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Page 17 of 42 SPECIFIC TERMS AND CONDITIONS PARK MAINTENANCE CONTRACT — NORTH AREA CONTRACT LOCATIONS 1. Joe Mann Park (2.5 acres) is located at 77-810 California Avenue, on the north side of California Avenue between Warner Trail and Washington Street. Improvements consist of restrooms and adjacent hardscape, covered picnic area, tot playground, a water feature and adjacent hardscape, turf open space, dog park, volleyball court, basketball court, rose garden, paved parking lot and parking lot planters. 2. Freedom Park (26 acres) is located at 77-400 Country Club Drive. This area includes turf, irrigation, trees, planter areas, community gardens, playgrounds, dog park, volleyball courts (2), basketball courts (3), tennis courts (2), and sports fields. 3. Hovley Soccer Park (21 acres) is located at 74-735 Hovley Lane, on the south side of Hovley Lane East, west of Corporate Way. Improvements consist of covered picnic areas, tot playground, shuffleboard courts, basketball court, horseshoe pits, approximately 13 acres of open turf area, inside perimeter areas, paved parking lots with planter islands, sidewalks, drainage areas, and other hardscape areas. 4. University Park Dog Park (2.4 acres) is located at 74-802 University Park Drive, at the west intersection of University and College Drive. This area includes turf, planter areas, shade structures and a restroom. 5. University Park East (2.5 acres) is located at 74-902 University Park Drive, at the east intersection of University and College Drive. This area includes restrooms, playground(s), basketball court, turf and planter areas. SCHEDULING OF WORK The contractor shall provide a monthly schedule in accordance with the Palm Desert Municipal Code, pertaining to work hours. Maintenance and operation of equipment shall be performed only during the time periods as follows: October 1 to April 30 Monday - Friday 7:00 a.m. to 5:30 p.m. Saturday 8:00 a.m. to 5:00 p.m. Sunday By City Approval Only May 1 to September 30 Monday - Friday 6:00 a.m. to 7:00 p.m. Saturday 8:00 a.m. to 5:00 p.m. Sunday By City Approval Only Page 18 of 42 The Contractor shall notify the City at least 24 hours in advance of any work outside the hours defined above. Emergency work directed by the City is not impacted by these restrictions. SCOPE OF SERVICES Contractor shall provide the necessary manpower and equipment to maintain the areas listed in the specified locations at the level of maintenance and service defined by the City, for a period of twelve months commencing on July 1, 2009. The City has the option of extending the contract for an additional year after this date, based on the performance of the Contractor. The work shall include, but is not limited to, proper horticultural maintenance of all landscape materials and hardscape structures as designated; inspection of irrigation system and expedient implementation of necessary adjustments and repairs; weed and pest control; litter and trash removal. SPECIFIC SERVICES TO BE PERFORMED Includes, but is not limited to the following: 1. Litter Control A. The removal of all trash, such as paper, cans, bottle, broken glass, dog droppings and any out-of-place or discarded items. B. The removal of dried plant material, such as hanging or fallen tree limbs, leaves, branches, dried up and/or dead plant material and wood pieces. C. The Contractor shall perform litter removal as outlined in the Frequency Schedule. D. All surfaces will be raked or swept after litter and/or weeds are removed. E. All refuse shall be removed and taken to a sanitary landfill at the Contractors expense. Green waste shall be disposed of in manner identified later in this section. F. No vehicles shall drive on sidewalks or turf without City approval. 2. Sidewalk/Hardscape Area Cleaning Contractor shall maintain and clean any accumulated sand, gravel, grass and plant clippings or debris on all sidewalk and hardscape areas within the Landscape Maintenance Area boundaries. All surfaces will be raked or swept after litter and/or weeds are removed. This shall be performed on a continuous basis. See Frequency Schedule. 3. Restrooms The Contractor shall not be responsible for the cleaning of the restrooms. However, if, during the course of maintenance operations, the Contractor notices possible vandalism Page 19 of 42 or graffiti to any area of the City property, including the restroom areas, Contractor shall notify the City immediately. 4. Picnic Pavilion/Areas Contractor shall clean/wash (if present) any picnic pavilion slabs, snack bar hardscape, tables, barbeques, and benches, to provide a clean surface. Picnic areas, sport field bleacher and dugout areas shall be cleaned on a daily basis or as needed depending upon park schedules. See Frequency Schedule for specifics. BBQ ashes shall be removed from BBQ's ash cans and disposed of by the Contractor. 5. Horseshoe Pits Horseshoe pits shall be inspected daily. Sand and/or decomposed granite that has been disturbed through use of the pits shall be replaced with approved material, and cleaned and raked to its original condition. 6. Tot Playgrounds Playgrounds shall be inspected daily for any broken equipment and reported to the City inspector immediately. Sand or wood chips shall be swept off adjacent sidewalks or curbing on a daily basis. Playground surfaces shall be raked daily to fill in low areas. Low areas under swings and slides must be filled in as needed. Surface shall be raked to transition smoothly with adjacent rubber/concrete surfaces. Equipment is to be power-washed with a 3000-psi power-washer. 7. Tennis and Basketball Courts Contractor must clean and blow all tennis and basketball courts located throughout City parks daily. 8. Chemical Applications The Contractor shall provide complete and continuous control and/or eradication of all plant pests including weeds and diseases at no extra cost. The Contractor shall provide control and/or eradication of other landscape pests such as gophers, squirrels, snails and ants as directed by City staff. The only exception to this is with regards to bees. The Contractor will be responsible for reporting to the City any bee activity (swarms or hives) immediately. The Contractor shall be responsible for the correct application, and maintain licenses, to comply with the City, County, State or Federal laws for using pest control chemicals and poisens. The Contractor will assume responsibility and liability of use of chemical controls. The Contractor shall be responsible for the replacement of any plants, turf, and trees killed or damaged by improper chemical applications. Page 20 of 42 The Contractor will be required to chemically control turf around trees to a 12" radius from the base of the tree. This will reduce damage to the trees by mowers and weed eaters. Submitted at the monthly walk through, the Contractor shall complete and furnish a pesticide application log to the City. The log shall have the following information included: 1. The pest to be controlled. 2. Method of control. 3. Copies of the product labels. 4. MSDS Sheets. 5. A frequency schedule. 6. A copy of the PCA recommendation. 7. Contractor shall notify a City Park Inspector 24 hours prior to pesticide applications. 9. Weed Control A. Planters, gravel areas, sidewalks, curb and gutters, expansion joints, fence lines, drainage areas, bare areas, and around plants and trees shall be kept free of grass and weeds. This will be done on an as-needed basis. Weeds over one (1) inch must be removed. B. The Contractor shall perform weed removal and shall identify in their schedules approximate time frames for performing this function. Acceptable methods of control are: Annual weeds, mechanical and/or chemical methods. Perennial weeds such as bermuda grass, nutsedge (species), bindweed, pennisetum grass shall be controlled with chemical means only. C. After weeds have been sprayed and removed, the Contractor shall rake or sweep the area removing any debris generated as a result of the weed control process. D. Chemical herbicide control is the responsibility of the Contractor. The Frequency Schedule outlines the minimum herbicide controls. If weed control has not been maintained as specified, the City may require additional herbicide applications at no additional cost to the City. Preventative weed control, such as pre-emergent herbicides and post-emergent herbicides is the responsibility of the Contractor. E. The City will require proof of California State Applicators license QAL Category B - Landscape Maintenance by the person(s) supervising or performing the herbicide applications. 10. Insecticide/Fungicide Applications The City shall notify the Contractor in writing (work order) if the City has knowledge of any insect, fungus or disease problems. The Contractor shall be responsible for the application of the appropriate chemical. The Contractor shall be responsible for the replacement of any plant, tree or turf area, at no cost to the City, if appropriate measures or actions were not taken to control and/or eradicate the problem. Page 21 of 42 11. Fertilization All landscape areas shall be fertilized at intervals designated in the Frequency Schedule. This includes ground covers, shrubs and turf. Equipment and labor to apply any fertilizer shall be included in the contract. The City is to supply the fertilizer materials. Compliance with fertilization specifications will be enforced by application inspections and periodic soil analysis. 12. Plant Maintenance A. All plant material shall be maintained as needed to prevent obstruction as well as possible safety concerns to vehicles, pedestrians and/or the general public. Shrubs shall be maintained to create adequate line-of-sight vision for vehicles where applicable. All vegetation shall be maintained in such a manner as to eliminate over growth beyond its designated parameter and/or encroachment onto sidewalks, curbs or other plants. Keep plants located adjacent to sidewalks at a maximum height of three (3) feet and pruned back one (1) foot from edge of sidewalk. B. Dead material shall be pruned from plants as they occur. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant for more than one week, unless otherwise directed by the City and/or contract. C. Plant material is to be pruned in a manner that is described as a two-step, naturalistic pruning procedure. For consistency, all plant material shall be pruned in accordance with the City of Palm Desert's "Landscape Maintenance Guidelines" book. This book provides pruning techniques and a calendar for ideal maintenance timing. This book is meant to be a visual guideline for the Contractor. The City may, at its own discretion, alter time lines or techniques, as the City deems necessary. D. The Contractor shall be responsible for replacing dead plant material, at no cost to the City, that dies 30 days from commencement of the contract and through out the term of this contract due to neglect, lack of maintenance or improper care. It is the Contractor's responsibility to identify unacceptable plant material before inception of the contract. This will be accomplished during the mandatory acceptance walk through with the City representative(s) and the Contractor. E. Shrubs shall be fertilized with fertilizer supplied by the City. See Frequency Schedule for time lines. The Contractor is to provide the equipment and labor to apply the fertilizer as part of this contract. 13. Tree Maintenance A. Trees shall be pruned as needed to remove broken or diseased branches, or for traffic and pedestrian safety. Sidewalk clearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade. Any broken, structurally unsound or detached limb is considered a hazard. Suckers will be removed as they appear. Page 22 of 42 B. The Contractor is only responsible for trees under fifteen (15) feet in height for safety and sucker control only. Palm Trees under fifteen (15) feet in height are the responsibility of the contractor. All other tree pruning will be pruned under a separate contract, including palm trees. Dead palm fronds and seedpods however, shall be removed from trees less than fifteen (15) feet as they appear. C. Any tree pruning performed at the request of the City shall be consistent with the current and applicable International Society of Arboriculture (ISA) guidelines, the American National Standards Institute (ANSI) standards, and the City of Palm Desert's Tree Pruning Ordinance to promote proper form, strength, health, and appearance consistent with the intended use D. NO TOPPING OF TREES WILL BE ALLOWED. E. The Contractor shall be responsible for all tree staking. Ties will be monitored to prevent girdling. Remove ties and stakes as directed by the City. Broken stakes are to be removed and if appropriate, replaced. Stakes should not remain on the trees longer than six (6) months. If the tree cannot stand upright once stakes are removed, the City will then determine whether or not to replace the tree. F. The Contractor shall remove their debris from pruning and tree maintenance the same working day as accumulated. G. The Contractor shall be held responsible for any damages done to trees due to poor management procedures. The Contractor shall replace trees, at no cost to the City, that die 30 days after acceptance of the contract due to neglect, lack of maintenance, infestation or improper care. This does not include those trees identified on the mandatory walk with the City and the Contractor. H. Any trees broken or damaged as a direct result of storm damage, wind, accident or vandalism shall be pruned and/or removed within 24 hours of notification and may be considered an "Extra" to the Contract. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor. Replacement of trees and plants caused by reasons not related to contractual maintenance shall be reimbursable as an extra cost. 14. Turf Maintenance A. Mowing 1. Bermuda grass will be mowed at 3/4" height during the actively growing period. 2. Ryegrass will be mowed at 1" height starting with its first cut after over seeding and continuing until spring when the Bermuda grass becomes active. The Contractor may be required to mow rye grass to a 1/2" or less in order to promote Bermuda grass development. 3. Times and dates to be determined by the Parks and Recreation Services Manager or designee. 4. Soccer Park fields will be mowed twice per week from June 1 through September 1. 5. Soccer Park fields only shall be mowed with a reel mower, the remaining Soccer Park turf may be mowed with either a reel or rotary mower. Page 23 of 42 6. All sports fields and Civic Center amphitheater will be mowed with a reel mower. Unless otherwise directed by the City (Frequency Schedule), turf will be mowed every week and edged a minimum of every week. The Contractor is required to rake, sweep or vacuum these clippings at no additional cost to the City. The Contractor shall provide appropriate equipment and labor for the maintenance of the turf areas. The City reserves the right to inspect and/or approve any equipment being used in this contract. If the City deems the equipment is in disrepair or inappropriate for the task at hand the City may require that the equipment be removed from the job site and replaced with a different piece of equipment. Reel mowers are to be used when the Bermuda grass is the prevalent turf. Approximate dates are April 15 to October 30. After which time a rotary type mower may be used on those turf areas that have been over seeded. For those areas not over seeded both types of mowers are acceptable. With the exception of the sports fields, which will be mowed with a reel mower. B. Mechanical Core Aeration shall be performed as outlined in the Frequency Schedule. Any additional aerification will be performed as an addition to the contract. Core aerate to a depth of six (6) to eight (8) inches into the soil. Cores may be swept or mowed and dispersed during mowing operations unless otherwise requested by the City. Contractor will repair (at his cost) any damage caused by the aeration process. C. Deep Tine Aeration shall be performed as outlined in the Frequency Schedule. Any additional aerification will be performed as an addition to the contract. Deep tine aeration shall be to a minimum depth of 10 inches. Contractor will repair (at his cost) any damage caused by the aeration process. D. Top-dress with sand, organic material, gypsum (if required) after core aeration as outlined in Frequency Schedule. The Contractor is to provide labor and equipment to top-dress. The City will provide the material. The material(s) is to be spread and dragged to fill in low spots and create a level-playing surface. Rates will vary depending upon field conditions but on the average depths are between a 1/4" to 1/2". E. Detailing and edging of grass shall be performed as outlined in the Frequency Schedule. This shall include but not be limited to chemical and/or mechanical detailing using a string trimmer or an edger around buildings, sidewalks, mow strips, paved areas, valve boxes, goal posts, light fixtures, fence lines, walls, along infield edges, drainage areas, and bare areas in planters. At no time will grass or weeds be allowed to grow unchecked. An edger shall be used but not be limited to hardscape areas such as sidewalks, mow strips. All other areas may use an edger or string trimmer as appropriate and as approved by the City. All Page 24 of 42 baseball field infields (including behind back stops) are to be kept clean of weeds and debris. F. Fertilization of turf areas will be applied as outlined in Frequency Schedule. The Contractor shall supply the labor and equipment for fertilization application. The City will supply the materials. G. Scalping/Overseeding will be performed in those parks outlined in the Frequency Schedule. Scalping/Overseeding Procedure: 1. The City will determine date for the reduction of water. Begin lowering height of turf during scheduled weekly mowing (approximately three (3) weeks before final cut). One week before final cut the Parks and Recreation Services Manager or designee will request that the water be reduced to the minimum in the turf areas. Cut turf to a height of 1/2" or lower but do not allow blades to disturb soil. All grass clippings generated from this process will be vacuumed, swept or raked after each cut. No debris will be allowed to "stockpile" any longer than six (6) hours. A light irrigation syringe will be applied before the final cut to keep the dust levels to a minimum (per Coachella Valley Association of Governments guidelines). Actual dates for the scalping will be determined in the field with the Parks and Recreation Services Manager or designee and the Contractor. Schedule will vary due to scheduled field use, condition of fields, and the actual mowing height needed to ensure seed to soil contact. 2. The Contractor will request the Parks Facilities Manager or a designee to perform an inspection of the fields before rye seed is applied. The City will verify proper renovation and aeration (if applicable). 3. The Contractor shall repair and replace any irrigation that was damaged or otherwise impacted by the scalping and subsequent clean up. 4. The scalping process shall be fully completed and approved by the Parks and Recreation Services Manager or designee. The City shall supply the seed. The application rate for the seed shall be approximately 12 lbs./1,000 sq. ft. 5. Contractor will monitor the irrigation to ensure proper coverage for rye grass germination. The Contractor is responsible for notifying the City of any problems with the irrigation system immediately. The irrigation scheduling and controller programming is the responsibility of the City. Page 25 of 42 H. Equipment — The City reserves the right to inspect and/or approve the condition of equipment, have any equipment deemed inappropriate for operations. If the City deems equipment is in disrepair or inappropriate for the task at hand, the City may require that the equipment be removed from the job site and replaced with different equipment. All costs for labor and equipment shall be included in the contractual price for all aspects of turf maintenance operations as described above and outlined in Frequency Schedule. The City shall supply the materials as described above. 15. Irrigation Maintenance The controlling factor in the performance of water management within the City landscape maintenance area is the application of water to landscape plants at a rate, which closely matches the demands of plants with little or no runoff. Plant health, roadway safety and water conservation are the primary reasons for proper irrigation maintenance. Contractual requirements shall be strictly adhered to by the Contractor. The format for inspection and repairs are as follows: 1. The entire irrigation system, including all components beginning at the meter shall be maintained in an operational state at all times. This coverage shall include, but not be limited to: all City-owned valves, backflow devices, piping, electrical wiring, heads, emitters, quick couplers, baseball infield irrigation heads, filters, and pumps. 2. All irrigation systems shall be tested weekly per the irrigation frequency schedule provided by the contractor. Contractor shall provide the City with an irrigation inspection report every Monday no later than 10:00 a.m. All irrigation checks will include irrigation controller operation. All irrigation systems will be audited once a month with a City Park Inspector present. 3. All systems shall be kept in adjustment to ensure proper coverage, prevention of excessive run-off or erosion. Adjustments shall include, but not be limited to: actual head adjustment, cleaning and flushing of lines, heads, and filter screens as well as obstructions within these components. Repairs or replacements to the irrigation system shall be made with like parts. No substitutions shall be allowed without written approval of the City. Costs for adjustments shall be included in the contractual costs for operation and maintenance of the irrigation system. 4. All damage resulting from the Contractor's maintenance operations including but not limited to: the Contractor's failure to properly maintain the system, shall be repaired or replaced prior to the end of the work day or as directed by Parks and Recreation Manager or designee at the Contractor's expense. Page 26 of 42 5. Repairs to the irrigation system shall be divided into two categories as follows: A. Minor repairs shall include but not be limited to: all lateral lines regardless of size, risers, exposed electrical connections, washers, seals, adjusting pins and emitters and sprinkler heads. The cost for minor repair labor and materials shall be included in the contractual costs for operation and maintenance of the irrigation system. B. Major repairs shall include all mainline pipe regardless of size, controllers, backflow and pressure regulators, mainline control wires, valves, solenoids and diaphragms. The cost for labor and materials for major repairs shall be considered additional services above and beyond the contract. C. Major repairs to the irrigation system shall be accomplished within 24 hours after Contractor receives written approval from the City. When major irrigation damage is discovered, the Contractor will submit an estimate form showing approximate material costs and not-to-exceed costs for labor. This form shall be signed by the Parks and Recreation Manager or his designee and shall serve as written approval. 6. Prior to commencement of the contract, the Parks Facilities Manager or designee and the Contractor will perform an irrigation inspection. The purpose is to allow the Contractor and the City representative to observe and note any potential problems with the irrigation system. These problems may be resolved with the current Contractor or with the successful Contractor on a "one time only" extra work basis. After a specified time frame for corrections, the irrigation system will be turned over to the Contractor for contract maintenance, with the exception of the controller operation, which is the City's responsibility. 7. The City will perform routine inspections of the irrigation system to ensure accuracy of the Contractor's inspection reports. Irrigation reports are due no later than 10:00 a.m. every Monday. If discrepancies are found, the City shall construe this as a performance deficiency and implement a payment reduction as specified in the section pertaining to Performance Deficiencies and Reduction of Payment. 8. The City reserves the right to supply any or all parts for irrigation repairs. If the Contractor supplies the materials/labor then the City shall be billed by the Contractor based upon the pricing schedule provided to the City as part of this contract. 9. The Contractor shall return irrigation parts that have been replaced due to damage or malfunction to the Parks and Recreation Services Manager or designee. Page 27 of 42 10. The Contractor is responsible for adjusting sprinkler heads and valve boxes to a level that will prevent damage by maintenance equipment or pedestrian traffic. Damage caused by improper height adjustment will be repaired by the Contractor at no cost to the City. The Contractor shall be responsible for all damage done to irrigation components as well as any plant material affected by Contractors personnel or equipment during maintenance operations. 11. The Contractor shall provide personnel fully trained in all phases of irrigation operation, adjustments and repairs for irrigation systems used in the City landscape maintenance area. The Contractor shall provide personnel capable of communicating with City representatives at a proficient level of English. 12. Irrigation time schedules shall be adjusted seasonally by the Parks and Recreation Manager or appointed designee. All controller operations are the responsibility of the City. At no time will the Contractor make changes to the controller schedule. 13. The irrigation systems contained in this contract are of sufficient size and complexity that a minimum of one designated irrigation technician totaling forty (40) hours per week is needed as well as additional personnel to complete the above described work. EXTRA WORK During the course of the contract period, additional services, labor and materials, beyond those specified in the contract may be required and performed on a time and material basis. Such work will be billed according to the Extra Work pricing schedule provided as part of this contract. The Contractor may notify the City of the need for Extra Work and/or the City may request Extra Work. The City will issue a Work Request Form upon which the Contractor will provide estimated labor, material and/or unit price costs. The Contractor must have a signed work order from the Parks and Recreation Services Manager or designee before beginning work. The Contractor shall provide 24-hour emergency service, with prompt correction of mitigation of emergency damage when notified of an occurrence. An emergency that is causing a hazard to the public or property must be responded to within one (1) hour. Failure to do so may result in monetary deductions from the monthly billing. Response to emergency service shall be paid at a rate of $25.00 per hour. Work should be limited to the level required to mitigate an emergency and further repairs shall be completed during normal working hours. Extra work will be a separate item from normal contractual duties. The Contractor is expected to complete the contractual duties as specified on schedule and extra work shall not interfere with or delay these duties. Page 28 of 42 SAFETY Contractor shall comply with the State of California and Cal-OSHA Safety Rules and Regulations and the American National Standards Institute (ANSI) 2133.1 standards. The Contractor shall supply all delineation, signing and clothing as required by the State of California Department of Transportation. If work along a public right-of-way will require the closure of a traffic lane, the Contractor shall notify the City at least 24 hours in advance and comply with procedure outlined in the WATCH Manual. GREEN WASTE The Contractor shall remove all debris generated from maintenance operations on a daily basis. All debris/trash will not be allowed to remain on site after work hours. Disposal of debris shall not be allowed in any City trashcan, bin or City facility (corporate yard or satellite yards) or in any park refuse container unless the City has authorized other arrangements. The Contractor shall compost all appropriate green waste removed from City landscape areas at an approved facility where green waste is converted to a usable soil amendment. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City of Palm Desert green waste. Said products shall be approved by the Parks and Recreation Services Manager or designee before use. Upon request, the contractor may be required to submit verification of green waste disposal. MONTHLY WALK-THROUGH REPORTS At the end of each month, the Contractor's representative and the City Representative shall have a walk through of the Park(s). The walk-through will focus on but not be limited to: work not completed, seasonal maintenance tasks, the Frequency Schedule and its pertinent tasks, as well as any "Extra Work" needed. This will generate a punch list from which the contractor will have ten days to complete. SCHEDULES At the pre-contract start up meeting, the Contractor will present a temporary or base line schedule of work and irrigation checks for the upcoming year. It is preferred that a computer-scheduling program, such as Microsoft Project, be used to generate this schedule. At 30 days from start of contract, a permanent schedule will be given to the City. Failure to provide this schedule to the City in the appropriate time shall result in termination of the contract. MEETINGS A contractor representative shall be available to attend status meetings twice per month as needed. Page 29 of 42 LICENSE REQUIREMENTS • City of Palm Desert Business license (current) • C-27 Contractors License • State of California Pesticide License QAL for chemical applications category B (current and active) • County of Riverside Pesticide Business License (current) THIS SECTION PURPOSELY LEFT BLANK Page 30 of 42 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this day of 20 , by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on , the CITY invited bids for park maintenance services — North Area - for City-maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from July 1, 2009, through June 30, 2010, or to such later date as may be agreed in writing between parties. CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore the total sum as set forth in the Contract Documents and adopted by the CITY. CONTRACTOR'S OBLIGATIONS. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the Specific Terms and Conditions. HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless The City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of CONTRACTOR, his agents, employees, and subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the City of Palm Desert, its official, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. Page 31 of 42 AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONTRACTOR and approved by the City Council of the CITY. TERMINATION. If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a three-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of CONTRACTOR's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY's Notice of Termination, minus any offset from such payment representing the CITY's damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the CITY's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and Conditions; General Terms and Conditions; Specific Terms and Conditions; Bid Submission Form(s), Addendum Nos. ; Change Orders; additional or supplemental specifications, drawings, maps or diagrams; and CITY issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. Page 32 of 42 ANTI-DISCRIMINATION. In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. THIS SECTION PURPOSELY LEFT BLANK SIGNATURES FOLLOW ON NEXT PAGE Page 33 of 42 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CITY OF PALM DESERT A Municipal Corporation CONTRACTOR ROBERT A. SPIEGEL, MAYOR TO BE NOTARIZED CITY OF PALM DESERT, CALIFORNIA ATTEST: APPROVED AS TO CONTENT: RACHELLE D. KLASSEN, CITY CLERK JANIS STEELE CITY OF PALM DESERT, CALIFORNIA PARKS AND RECREATION SERVICES MANAGER APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY Page 34 of 42 PARK MAINTENANCE CONTRACT - NORTH AREA - NO. ATTACHMENTS EXTRA WORK PRICING SCHEDULE LABOR LABOR (per hour) Laborer $ per hour Irrigator $ per hour Supervisor $ per hour Powerwash Cost $ per hour IRRIGATION — To include all parts, nozzles and installation costs. Heads: 1) Drip Emitter $ ea 2) Rain Bird 1800 Series Pop Ups 12 inch $ ea 6 inch $ ea 4 inch $ ea 3 inch $ ea 2 inch $ ea 3) Rain Bird 1400 Series Bubbler $ ea 4) Hunter 120 $ ea 5) Hunter 140 $ ea 6) Hunter 125 $ ea 7) PGP $ ea 8) PGM $ ea Valves: All prices include installation, valves and valve parts. Note: All electric replacement valves will be Rain Bird GB Series. All Ball Valves will be Full Port Brass. If other manufacturer is used, the City will pay cost of materials plus a 15% mark-up. 1" Valve: 1) Filter $ ea 2) Pressure Reg. $ ea 3) Solenoid $ ea 4) Bleeder Screw $ ea 5) Diaphragm $ ea 6) Plungers $ ea 7) Screens $ ea 8) Complete Drip Assembly Valve $ ea 9) Complete Electric Valve $ ea 10) Brass Ball Valve w/Fittings $ ea 11) Valve in Heads (if applicable) $ ea 12) Solar Solenoids $ ea Page 35 of 42 PARK MAINTENANCE CONTRACT — NORTH AREA - NO. 1 1/2" Valve: 1) Filter $ ea 2) Pressure Reg. $ ea 3) Solenoid $ ea 4) Bleeder Screw $ ea 5) Diaphragm $ ea 6) Plungers $ ea 7) Screens $ ea 8) Complete Drip Assembly Valve $ ea 9) Complete Electric Valve $ ea 10) Brass Ball Valve w/Fittings $ ea 11) Valve in Heads (if applicable) $ ea 12) Solar Solenoids $ ea 2" Valve: 1) Filter $ ea 2) Pressure Reg. $ ea 3) Solenoid $ ea 4) Bleeder Screw $ ea 5) Diaphragm $ ea 6) Plungers $ ea 7) Screens $ ea 8) Entire Drip Assembly Valve $ ea 9) Entire Electric Valve $ ea 10) Brass Ball Valve w/Fittings $ ea 11) Valve in Heads (if applicable) $ ea 12) Master Valve $ ea 13) DIG/LEIT Solenoids $ ea Irrigation components 2 1/2" in diameter or larger will be paid the contractual hourly rate plus materials with a 15% mark-up. Page 36 of 42 PARK MAINTENANCE CONTRACT — NORTH AREA - NO. PLANT MATERIAL REPLACEMENT Note: Unless otherwise described, replacement plant material will be whatever is normal and customary for the City of Palm Desert. 1 Gallon Shrub Installed $ 5 Gallon Shrub Installed $ 15 Galion Shrub Installed $ *15 Gallon Tree Installed $ *24" Box Tree Installed $ *36" Box Tree Installed $ Note: Anything over 36" Box size will be paid at the contractual hourly rate plus materials with a 15% mark-up. *To include the following: Stakes (if needed), cinch ties, clean-up, water in (dig hole, set tree, back fill) adding irrigation if needed. PROPOSED MAINTENANCE EQUIPMENT Note: Equipment must be available for inspection prior to award of contract. AREA MOWERS POWER EQUIPMENT OTHER EQUIPMENT (SMALL) 1. JOE MANN PARK 2. FREEDOM PARK 3. HOVLEY SOCCER PARK Page 37 of 42 PARK MAINTENANCE CONTRACT - NORTH AREA - NO. AREA MOWERS POWER EQUIPMENT OTHER EQUIPMENT (SMALL) 4. UNIVERSITY DOG PARK 5. UNIVERSITY PARK EAST FREQUENCY SCHEDULE AREA ACTIVITY 1. Joe Mann 2. Freedom 3. Hovley Soccer 4. University Park Park Park Dog Park (For the dog (For the dog (For the dog park, refer to park, refer to park, refer to No. 6— Dog No. 6— Dog No. 6— Dog Parks) Parks) Parks) SERVICE LEVEL N/A N/A N/A N/A 1. Mowing of Turf Areas D D D* D 2. Aerify—Core I I G** G** 3.Aerify—Deep Tine As needed As needed As needed As needed _ 4. Broadleaf Weed J J J J Application—TURF 5. Pre-emergent Weed K K K K Control—TURF 6. Fertilize—TURF I I I I 7. Fertilize—SHRUBS J J J J 8. Cleaning of Walks, D D D D Curbs, Gutters & Hardscape Features 9. Cleaning of Picnic C C C C Facilities & Seating Areas 10. Litter Removal A A A A 11. Irrigation Repair As Needed As Needed As Needed As Needed 12. Irrigation Inspection D D D D 13. Weed eating & D D D D edging of all turf areas _ 14. Weed-Eater Detail in N/A D N/A N/A Turf/Infield Edges 15. Pruning of Shrubs J J J J 16. Ground Covers As Needed As Needed As Needed As Needed 17. Raking of DG Areas F F F F 18. Remove Weeds in As needed As needed As needed As needed All Areas 19. Scalping and K K K K Page 38 of 42 PARK MAINTENANCE CONTRACT - NORTH AREA - NO. AREA ACTIVITY 1. Joe Mann 2. Freedom 3. Hovley Soccer 4. University Park Park Park Dog Park (For the dog (For the dog (For the dog park, refer to park, refer to park, refer to No. 6— Dog No. 6— Dog No. 6— Dog Parks) Parks) Parks) Overseeding. 20. Spraying insecticide As needed As needed As needed As needed 21. Topdressing of turf As needed As needed As needed As needed 22. Safety Pruning of M M M M Trees 23. Pre-emergent Weed K K K K Control—LANDSCAPE 24. Rake and level Tot- A A A N/A Lot Surface 25. Power Wash Tot F F F N/A Lot/Structures 26. Power Wash Picnic D D D E Facilities & Hardscape @ Concession Building _ 27. Annual Bed N/A N/A N/A N/A Preparation 28. Annual Color Plant. N/A N/A N/A N/A 29. Annual Color Maint. N/A N/A N/A N/A 30. Empty& clean trash A A A A cans & replace can liners & dog waste bags 31. Clean Concrete As needed As needed As needed As needed Spillway& Drains 32. Clean Parking Lot D D D D 33. Rake & Level C C N/A N/A Volleyball Courts FREQUENCY SCHEDULE LEGEND A. DAILY - Before 10:00 A.M. (7 days per week) B. DAILY - Before 10:00 A.M. (Monday — Friday) C. DAILY — Before close of business (Monday - Friday) D. WEEKLY - Before close of business - Friday E. DAILY (Monday, Wednesday, Friday — Before 10:00 A.M.) F. BI-WEEKLY (every 2 weeks) G. MONTHLY (12 times per year) H. BI-MONTHLY (6 times per year) I. QUARTERLY (4 times per year) J. SEMI-ANNUALLY (2 times per year) K. ANNUALLY (1 time per year) L. SEASONAL M. AS NEEDED to maintain tree health and public safety Page 39 of 42 PARK MAINTENANCE CONTRACT - NORTH AREA - NO. N. AS NEEDED for public safety O. October 1 to April 30 - every 2 weeks; May 1 to September 30 — weekly except for turf areas and annual color areas which are weekly P. DAILY before 7:00 A.M. (7 days per week) *Soccer Park Fields to be mowed twice weekly from June 1 to September 1. **Monthly from May 1 through September 30. FREQUENCY SCHEDULE ACTIVITY 5. University 6. Dog Parks Park East (University Park, Joe Mann, Freedom Parks) SERVICE LEVEL N/A N/A 1. Mowing of Turf Areas D D 2. Aerify—Core I G** 3. Broadleaf Weed J J Application—TURF 4. Pre-emergent Weed J J Control —TURF 5. Fertilize—TURF I I 6. Fertilize—SHRUBS J J 7. Cleaning of Walks, D D Curbs, Gutters & Hardscape Features 8. Cleaning of Picnic i C C Facilities & Seating Areas 9. Litter Removal A P 10. Irrigation Repair _ As Needed As Needed 11. Irrigation Inspection 12. Weed eating & D D edging of all turf areas 13. Weed-Eater Detail in N/A N/A Turf/Infield Edges _ 14. Pruning of Shrubs J J Bougainvillea - I Bougainvillea - I 15. Ground Covers _ As Needed As Needed 16. Raking of DG Areas 17. Remove Weeds in As needed As needed All Areas 18. Scalping and K K Overseeding. 19. Spraying insecticide As needed As needed 20. Topdressing of turf As needed As needed 21. Safety Pruning of M M Trees 22. Pre-emergent Weed K K Control —LANDSCAPE 23. Rake and level Tot- A N/A Page 40 of 42 PARK MAINTENANCE CONTRACT — NORTH AREA - NO. ACTIVITY 5. University 6. Dog Parks Park East (University Park, Joe Mann, Freedom Parks) Lot Surface 24. Power Wash Tot F N/A Lot/Structures 25. Power Wash Picnic F N/A Facilities & Hardscape @ Concession Building 26. Annual Bed N/A N/A Preparation 27. Annual Color Plant. N/A N/A 28. Annual Color N/A N/A Maintenance 29. Empty& clean trash cans & replace can A P liners & dog waste bags 30. Clean Parking Lot D D 31. Fill holes As needed A FREQUENCY SCHEDULES LEGEND A. DAILY - Before 10:00 A.M. (7 days per week) B. DAILY - Before 10:00 A.M. (Monday — Friday) C. DAILY — Before close of business (Monday - Friday) D. WEEKLY - Before close of business - Friday E. DAILY (Monday, Wednesday, Friday — Before 10:00 A.M.) F. BI-WEEKLY (every 2 weeks) G. MONTHLY (12 times per year) H. BI-MONTHLY (6 times per year) I. QUARTERLY (4 times per year) J. SEMI-ANNUALLY (2 times per year) K. ANNUALLY (1 time per year) L. SEASONAL M. AS NEEDED to maintain tree health and public safety N. AS NEEDED for public safety O. October 1 to April 30 - every 2 weeks; May 1 to September 30 - weekly except for turf areas and annual color areas which are weekly P. DAILY before 7:00 A.M. (7 days per week) *Soccer Park Fields to be mowed twice weekly from June 1 to September 1. **Monthly from May 1 through September 30. Page 41 of 42 PARK MAINTENANCE CONTRACT - NORTH AREA - NO. IRRIGATION CHECK LIST Park Date Time Controller Station# Elec.current check Valve Test Rotor,T.S.Check Location 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Location of trouble Area: Parts Used: eo,irr.ck.listl0/03/06 Page 42 of 42 NMNN, ' � CITY OF PALM DESERT diet • : 771.44 PARKS AND RECREATION 7°��'e STAFF REPORT gT�9 3yo��f To: Parks and Recreation Commission From: Janis Steele, Parks and Recreation Services Manager Date: April 7, 2009 Subject: Status Updates Attached is a copy of the status updates provided to the City Manager on the following dates: • March 9, 2009 • March 16, 2009 • March 23, 2009 • March 30, 2009 STATUS REPORT Updated: March 9, 2009 I PARKS & RECREATION ITEM # PROJECT/LOCATION NAME STATUS 1 California Parks and Recreation Jay gone 3/3-3/6 for State conference; Janis gone 3/4-3/6. Janis will be serving as Society (CPRS) State Conference 1 of 3 Local Host Committee Chairs for the 2010 CPRS conference to be held in Palm Springs. Jay is heading the Park Tour portion of the conference. 2 Palm Desert Youth Sports (baseball Opening Day held March 7th, at the Civic Center Park. There was a fly over, and softball) marine band, Buddy Greco sang, etc. Parking got challenging, people parked by the tamarisks before we could stop them. Next year, we will probably need Police assistance with parking. The COPS helped, but it has grown a lot. 3 Palm Desert Youth Sports Following a big opening day event— the official "season" begins. softball/baseball begins 4 Ironwood Playground The new Ironwood Park playground was complete on 2/20/09. Shade structure was due to be complete the week of 3/23/09. There was a need to trim Palm trees prior to installing the structure, so shade structure was pushed back, Was complete 3/5/09. 5 Replacing planks on Civic Center Staff is getting bids to replace planks on the bridge between Civic Center Park and Park Bridget San Pascual (going over the San Pascual channel). 6 University Dog Park Water/Sewer backing up into bathrooms. Contacted developer to make repairs (it's under warranty). Bathrooms are closed until repairs are complete. 7 University Park Dog Park Fencing Modification of fencing eliminated small dogs from being able to squeeze under the fence into the large dog area. The modification also includes a holding area at the entrance of the dog park to allow users to remove leashes from their dogs in an enclosed area. Work was completed Monday, March 2, 2009. 8 Civic Center Dog Park Fence Staff is requesting bids to modify Civic Center dog Park. Like the University Park modifications, the ability for small dogs to put their heads through the fence would be eliminated. 9 Homme/Adams Palapa Staff has requested bids for a replacement palapa at Homme/Adams Park. The original palapa was destroyed by vandals. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 9.doc STATUS REPORT Updated: March 9, 2009 10. Hovley Soccer Park fence Fence painted complete 3/4/09. 11. Energy Fair— Civic Center Park March 14, 2009 — Civic Center Park — Set up 7:00 am — Tents set up day before day before. 12. Joe Mann Dog Park Fence Complete and open on 3/2/09. The contractor still needs to add gate springs and fix poles on school side. 13. Aquatic/Community Center 2/9/09 - Incoming City Manager John Wolmuth requested that Staff to put together a GIS map with different potential locations for a swimming pool (Phase I?) in the Civic Center park area. He would like to show these to the City Council. Waiting for direction. 14. University Park Paint peeling on basketball court. Working with developer to correct the problem. 15 Parks — Recycling Containers 129 recycling containers were ordered for the parks — They have been installed at Ironwood, Haystack, Smoketree, Magnesia Falls, Oleson, Joe Mann, Cahuilla, Homme/Adams and University (Dog & East) Parks. Still need to install at the Soccer Park. Need to order specialty ones for Freedom Park as the trash cans need to be matched. 16. Mike Schuler Trail Kiosk Staff is requesting bids for the installation of a informational trail kiosk at the base of the Mike Schuler Trail. The kiosk will be similar to the existing ones at Homme/Adams and Cahuilla Hills Parks. _ 17. Hovley Soccer Park and This project was denied at City Council on February 26, 2009. Staff was asked to University Park East renovations and look at changing out Cahuilla Hills tennis courts to pickleball courts. We will be Community Garden install scheduling a Public meeting to discuss; as contrary to the "Pickleball" gentleman's claims, the tennis courts are very busy. When Staff lined them for pickleball, we got numerous complaints from residents. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 9.doc STATUS REPORT Updated: March 9, 2009 18. CVRPD — DBA Desert Recreation What is the status on the contract sent to Mr. Ford? Can we follow up and give a District Contract time that we need a response one way or another. This can be a 1st step to responding to Council on where we stand with the District. Staff plans to update the PD P & R Commission on April 6, 2009, on the status of the contract. Note: We will not have money for the contract, however, as that is one of the recommended budget cuts for 2009-10. If we don't cut this area, we will never hit 15%. 19. Calsence controller for Ironwood Staff is getting bids. This is part of the long term CIP for changing out all city irrigation to the more efficient calsence system. 20. Bicycle Friendly Community Staff is reviewing (with the Planning Dept) pursuing this for the City. Due to a downturn in development, a planner would serve as the project leader, but ultimately the programs, etc. would fall under parks and recreation. The Parks and Recreation Commission approved to support this at the 3/3/09 Commission meeting. Mr. Swartz (Planning) will take this item to the City Council for approval. 21. Dog Park Users From Staff on Thursday, March 5, 2009: "This morning I overheard a conversation at the dog park. Apparently several of the users of the Dog Park are going to meet with the reporter for the Desert Sun who covers Palm Desert. They want the Desert Sun to write an article voicing their displeasure for us not re- sodding the dog park. They don't want their dogs to be running in mud. You saw how much I have cut the water." Just wanted to let you know. The dog park users have many demands and believe we have a lot of money. We would not be re-sodding right now anyway, but will not be, due to cuts in the budget. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 9.doc STATUS REPORT Updated: March 16, 2009 PARKS & RECREATION ITEM # PROJECT/LOCATION NAME STATUS 1 Animal Samaritans Walk This Saturday (March 21) will be the Animal Samaritans Walk in Civic Center Park. They will set up on Friday, March 20. There will be cheap micro-chipping and vaccinations for animals. 2 Calsence controller for Ironwood Staff requested bids to replace the irrigation controller at Ironwood Park as part of the long term CIP for changing out all city irrigation to the more efficient calsence system. Waiting on a PO. 3. Freedom Park Storage Building Staff is requesting bids to install a small storage building to allow Palm Desert Youth Sports an area where they can store bases, chalk and other routinely used items. Staff will meet with Palm Desert Youth Sports to discuss an adequate location. 4. Replacing planks on Civic Center Staff is getting bids to replace planks on the bridge between Civic Center Park and Park Bridget San Pascual (going over the San Pascual channel). 5. University Dog Park Water/Sewer backing up into bathrooms. Contacted developer to make repairs (it's under warranty). Workers are using a camera to locate the blockage on 3/13/09. Bathrooms are closed until repairs are complete. Users are being referred to University Park East (down the street). 6. Water Feature — Civic Center Park Parks & Recreation and Public Works Staff are working together to find a solution to the excess water draining (and pooling) from the water feature in Civic Center Park. Parks & Recreation Staff had requested costs on recirculating the water (treating it etc.) which is ideal. At this time Staff does not believe the City Council would approve the expenditure, so are looking at running a line to the lagoon. PW Staff would run the line, and P & R Staff would replace the landscaping. The feature is very popular and removing it would not be a good idea. 7. Homme/Adams Palapa Staff requested bids for a replacement palapa at Homme/Adams Park. The original palapa was destroyed by vandals. The bid were received and Staff is waiting for a PO to purchase and install it. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 16 Parks and Rec.doc STATUS REPORT Updated: March 16, 2009 8. Joe Mann Dog Park Fence Complete and open on 3/2/09. The contractor still needs to add gate springs and fix poles on school side. During the last week of construction the contractor hit a light pole with his concrete mixer. Staff will meet with the contractor to discuss how he would like to handle the replacement of the pole. The contractor sent a letter to the City requesting that the "City" pay for the pole as it would have had to be replaced anyway. Staff is working with the Risk Manager to prepare a response. The poles are being replaced as needed. The contractor had to hit it pretty hard to knock it down and should not be let off the hook. 9. Pickleball Staff has already received numerous calls from concerned citizens who do not want the tennis courts at Cahuilla Park to be converted to pickleball courts. Staff never believed this was a good idea as when we painted the pickleball lines at the Cahuilla courts, we received many complaints. We are currently looking for solutions. One is to place 1 pickleball court in the area where the community garden was slated to go at University Park East. That project was denied, so we're getting costs to do a pickleball court. 10. University Park East Paint peeling on basketball court. Working with developer to correct the problem. 11. Parks — Recycling Containers 129 recycling containers were ordered for the parks — They have been installed at Ironwood, Haystack, Smoketree, Magnesia Falls, Oleson, Joe Mann, Cahuilla, Homme/Adams and University (Dog & East) Parks. Still need to install at the Soccer Park. Need to order specialty ones for Freedom Park as the trash cans need to be matched. I 12. Mike Schuler Trail Kiosk Staff is requesting bids for the installation of a informational trail kiosk at the base of the Mike Schuler Trail. The kiosk will be similar to the existing ones at Homme/Adams and Cahuilla Hills Parks. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 16 Parks and Rec.doc STATUS REPORT Updated: March 16, 2009 13. CVRPD — DBA Desert Recreation What is the status on the contract sent to Mr. Ford? Can we follow up and give a District Contract time that we need a response one way or another. This can be a 1st step to responding to Council on where we stand with the District. Staff plans to update the PD P & R Commission on April 6, 2009, on the status of the contract. Note: We will not have money for the contract, however, as that is one of the recommended budget cuts for 2009-10. If we don't cut this area, we will never hit 15%. 14. Bicycle Friendly Community Staff is reviewing (with the Planning Dept) pursuing this for the City. Due to a downturn in development, a planner would serve as the project leader, but ultimately the programs, etc. would fall under parks and recreation. The Parks and Recreation Commission approved to support this at the 3/3/09 Commission meeting. Mr. Swartz (Planning) will take this item to the City Council on March 26, 2009, for approval. 15. Drainage around Civic Center Tennis Staff is requesting bids to install a concrete drainage apron around the civic center Courts tennis courts. This will reduce the amount of water left on the courts during weekly cleanings. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 16 Parks and Rec.doc STATUS REPORT Updated March 23, 2009 I PARKS & RECREATION ITEM # PROJECT/LOCATION NAME STATUS 1 Animal Samaritans Walk Held in Civic Center Park on Saturday, March 21st. In an attempt to protect city assets (the park) and minimize staff overtime, we (Police & Parks and Recreation Staff) requested that Citizens on Patrol (COPS) be available to assist with the event, and in return they would be provided a booth at the event. Request was denied. 2 Citizens on Patrol Usage (COPS) It would be very useful if the COPS would be made more available for events in the park. They could be really valuable in decreasing the amount of OT required by Staff, but also as a deterrent for rising vandalism in the parks based on much higher usage. Park usage (and vandalism) has always been high, but has increased even more in the bad economic times. People are staying home and using the parks. There are more than 40 COPS, and they'd be greatly appreciated at more park events. 3. Easter Easter (April 12) is the busiest time I have ever seen in Civic Center Park. It is not an "event" but is busier than both the 4th of July and Palm Desert Youth Sports Opening Day in terms of total number of people all day. For the last couple years, the Recreation District has staffed up with extra Park Ambassadors. It isn't near enough and they have no citation abilities (and people know it). I'm working with Lt. Shouse and Code Enforcement to try and get additional staff in the park on this day, as I felt that it was very dangerous in 2008 (I ended up working — but I don't have a uniform, identification or citing ability either). G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 23 2009.doc STATUS REPORT Updated March 23, 2009 4. Dog Park Comments/Complaints I've received 3 or 4 dog park complaints in the past couple weeks regarding the condition of Civic Center Park (no/little grass). On 3/17/09 after having a conversation with a citizen, discovered she planned to go to the City Council meeting and request the park be closed for a month and people told that it is so they "pick up after themselves". This dog park is cleaned more than any other in the City. It receives by far the most attention. The problem is "overuse". The only way grass will grow is to limit usage, which I don't believe will make anyone happy. We generally re-sod it 3 — 4 times annually (a portion of the large dog area) but this was an area we cut when we made budget adjustments. Even if it were closed for a month, it would look better but conditions would go back to the same within a month due to overuse. Staff met with "representatives" from the Civic Center dog park on 3/20/09. Immediate concerns have been addressed to the satisfaction of the users. I was able to explain some of the reasons behind their concerns. 5. University Dog Park Water/Sewer backing up into bathrooms. Staff hired a plumber to scope the problem. They said it appeared to be blocked. Hover Development (Mark Smith) was contacted as this park should be under warranty. It was discovered that the sewer line was never connected to the main sewer. It was capped off. This has been corrected as of 3/18/09. 6. Water Feature — Civic Center Park Met 3/19/09 — Representatives of PW and P&R met to discuss possible solutions to the nuisance water created by the water feature in Civic Center Park. The Park Inspectors will work with Public Works crews to divert it to the sewer line located at the restroom near the playground. 7. Freedom Park Access Gate Staff has requested bids to install a sidewalk and access gate along the east wall at Freedom Park. Oasis Church working with the City will add access sidewalks on the east side of the wall. Oasis Church got an engineer located east of the park to design the gate area, so the City did not have any engineering or design expenditures. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 23 2009.doc STATUS REPORT Updated March 23, 2009 8. Joe Mann Dog Park Fence Complete and open on 3/2/09. The contractor still needs to add gate springs and fix poles on school side. During the last week of construction the contractor hit a light pole with his concrete mixer. Staff will meet with the contractor to discuss how he would like to handle the replacement of the pole. The contractor sent a letter to the City requesting that the "City" pay for the pole as it would have had to be replaced anyway. Staff is working with the Risk Manager to prepare a response. The poles are being replaced as needed. The contractor had to hit it pretty hard to knock it down and should not be let off the hook. 9. Pickleball Staff has received many complaints from users of the Cahuilla Hills tennis courts requesting that the tennis courts not be converted to pickleball. Staff knew this would happen, as it's a very busy place early mornings, nights and weekends. When we painted pickleball lines on the courts, we received numerous complaints. Prior to holding a public meeting and looking at the conversion of the courts; staff is pursuing another option. The area that was scheduled to have a community garden at University Park East is large enough to hold one pickleball courts. Staff is getting costs for this. If it's reasonable, this will be brought back to the City Council. 10. Alzheimer's Walk in the Park The Alzheimer's walk is scheduled for Civic Center Park on Saturday, March 28th, 2009. The registration begins at 9:00 a.m. and walk starts at 10:00 a.m. They will start set up at 7:00 a.m. and should vacate the park by Noon. 11. Park misters The misters located at Civic Center Park pavilions, Civic Center Dog Park and Freedom Park pavilions will be serviced and turned on the week of March 23, 2009. 12. Wind damage On Sunday March 22, 2009, a cable on the new Ironwood Park shade structure snapped due to high winds. The contractor was contacted and will make the repairs the week of March 23, 2009. Other than this there are only random broken branches here and there. Staff is still out evaluating damage. 13. CVRPD — DBA Desert Recreation UPDATE: Staff plans to update the PD P & R Commission on April 6, 2009, on the District Contract status of the contract. Note: We will not have money for the contract, however, as that is one of the recommended budget cuts for 2009-10. If we don't cut this area, we will never hit 15%. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 23 2009.doc STATUS REPORT Updated March 23, 2009 14. Bicycle Friendly Community Joint effort with Planning Department. Mr. Swartz (Planning) will take this item to the City Council on March 26, 2009, for approval. 15. Budget Meeting —April 3, 2009 Staff would request that any materials provided to the City Council for this meeting, are also provided to Staff in advance. The Council members often refer to page numbers or items I have not seen. THANKS! G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 23 2009.doc STATUS REPORT Updated: March 30, 2009 PARKS & RECREATION ITEM # PROJECT/LOCATION NAME STATUS 1 Park Maintenance Contract(s) Staff broke one (1) contract into three (3). North Area: Freedom, Joe Mann, University Dog, University East, and Hovley Soccer Parks. Central Area: Civic Center and Magnesia Falls (including Oleson Field) Parks, and; South Areas: Washington Charter, San Pablo Community Gardens, Palma Village Park, Ironwood Park, Cahuilla Hills, Homme/Adams and Haystack/Smoketree parks. Contracts posted (out to bid 3/24/09). Pre-bid meeting April 1st. Tours on April 1st and 2nd Bid opening is scheduled for April 29, 2009. 2 Citizens on Patrol Usage (COPS) COPS showed up and worked at the Animal Samaritans walk even though we were told they were not going to work. It was greatly appreciated! The park was packed, and it's a great opportunity for the COPS to market themselves as well as to assist in protecting the City's assets (Civic Center park). 3. Easter— April 12, 2009 Code Enforcement officer scheduled to work 7 — 3; and Sheriff's department will provide officers as well. • 4. Concerts in the Park - Fridays Staff is meeting with a local citizen who is establishing a non-profit status music and arts organization about doing free concerts in the Civic Center Park in August/September on Friday nights. This would be great considering the economy and the opportunity for local musicians to have a venue to perform. The concept will go to the P & R Commission on April 6 and to Council the 2nd meeting in April if recommended by the Commission.• 5. MS Walk Scheduled for April 4, 2009 in Civic Center Park. Set up for the walk will be on Friday, April 3rd G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 30,2009.doc STATUS REPORT Updated: March 30, 2009 6. Water Feature — Civic Center Park Work began the week of March 23, 2009 to address the nuisance water created by the Civic Center Park Water feature. The Park Inspectors will work with Public Works crews to divert it to the sewer line located at the restroom near the playground. 7. Mike Schuler Trail Turn Outs Mike Schuler continues trail repairs for the City of Palm Desert. When repairs are complete, Mike will begin constructing turnouts on the Mike Schuler Trail. The turnouts will be funded by the City of Ranch Mirage in the amount of $ 21,000.00. This was approved by the City Council on October 23, 2008. 8. Volunteer Program While there are numerous events in the parks and this will only increase during the bad economic times, Staff if seeking ways to "protect our assets" while not scheduling staff for significant overtime. The COPS aren't available, so other alternatives are being explored. Staff met with the Risk Manager and he has provided an JPIA Volunteer manual for review and to assist in developing some simple policies. Staff also met with Lt. Shouse to get his input and discuss background checks. He is generally supportive, so staff will pursue this option. 9. Dog Bite On March 24, 2009, a landscape contractor under contract with the City was bitten by a dog at the University Dog Park. Animal Control was notified as well as the Risk Manager. The Risk Manager will respond to any questions about the incident. 10. ' Alzheimer's Walk in the Park The Alzheimer's walk was held in Civic Center Park on Saturday, March 28th, 2009. The set up and walk all took place on 3/28/09. 11. Wind damage — March 22-23, 2009 On Sunday March 22, 2009, a cable on the new Ironwood Park shade structure snapped due to high winds. The contractor was contacted and will make the repairs the week of March 23, 2009. Other than this there are only random broken branches here and there. Staff is still out evaluating damage. At 8:45 a.m. they are finding downed trees at the Soccer park and a power outage. Crews are working to clean up downed trees and debris. Work will be completed March 23, 2009. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 30,2009.doc STATUS REPORT Updated: March 30, 2009 12. Desert Recreation District Contract Staff placed the contract on the P & R April 6, Commission agenda. The Commissioners have been requesting an update on the status of the contract. Note: We will not have money for the contract, however, as that is one of the recommended budget cuts for 2009-10. If we don't cut this area, we will never hit 15%. 13. Budget Meeting —April 3, 2009 Staff would request that any materials provided to the City Council for this meeting, are also provided to Staff in advance. The Council members often refer to page numbers or items I have not seen. THANKS! G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Status reports\March 30,2009.doc NMNN, :11 -----tfi.-1.4--W: � CITY OF PALM DESERT : PARKS AND RECREATION 04,.... STAFF REPORT e.N.T9 3yo� f To: Parks and Recreation Commission From: Jay Niemczak, Parks Facilities Manager Date: April 7, 2009 Subject: University Dog Park Restrooms On March 6, 2009, Staff noticed the new restrooms at the University Dog Park was not operating correctly and closed them. Staff called in a local plumbing company to resolve the blockage problem. The plumber had no success in resolving the problem. Staff then contacted the developer responsible for the construction of the park to assist the City in resolving the problem. The developer contacted a second plumbing company which fed a camera into the sewer lines in an effort to locate the blockage. This was again unsuccessful. Workers then located the main connection point to the sewer, and found a cap on the restroom sewer line. The line was never connected to the main sewer line. On March 18, 2009, workers attached the restroom sewer line to the main line. The restrooms are now open and operating. CITY OF PALM DESERT • PARKS AND RECREATION '.:okF ns°�frf• STAFF REPORT To: Parks and Recreation Commission From: Janis Steele, Parks and Recreation Services Manager Date: April 7, 2009 Subject: Desert Recreation District Contract It was requested by numerous Commissioners that Staff provide an update on the contract negotiations between the City of Palm Desert and the Coachella Valley Recreation District (d.b.a. The Desert Recreation District). Since the summer of 2007, the City of Palm Desert Staff worked with the Desert Recreation District Staff(Mr. Kevin Kalman, Mr. Craig DeWitt, and Ms. Barb Adair) in an attempt to improve communication and recreational services between the two agencies. Part of that effort included reviewing and updating the contract between the City and the Recreation District dated April 22, 2002, to reflect current needs. City Staff took on the task of "authoring" the contract. Each time a revision was made, copies were provided to all parties. Updates were based on perceived needs as identified by both the City and the District. Changes were also based on the need of the City to convey clear expectations, provide performance measures, and frequency schedules to the District. It was understood that the District would provide a cost to a number of the increased service requests. For example, the City is requesting additional Park Ambassador hours based on an increase in the number of parks in the City from the time of the original contract. Copies of the revised contract were provided to the City Attorney and Risk Manager, as well as to the District's attorney. Comments were received from the City's Risk Manager and City Attorney in September 2007. Comments were received from the District's attorney in January 2008. The only major difference in the comments from both attorneys was that the District's attorney did not want to include a "performance deficiency" clause, which was included in the previous contract. The City was not willing to remove the clause at that time. While waiting for the contract and its associated cost, a new contract was sent to Staff from Mr. Stan Ford, General Manager of the Desert Recreation District in July 2008 (see attached). After receiving the copy from Mr. Ford in July, Staff met with the City Attorney, Mr. Homer Croy, Assistant City Manager for Development Services and Mr. Carlos Ortega, City Manager at that time. The direction Staff received was to allow the City Attorney to Desert Recreation District Contract April 7, 2009 Page 2 of 2 revise portions of the contract to reflect the Desert Recreation District attorney's original requests. The performance deficiency clause was taken out in an effort to finalize the contract with the District. After those revisions were made, Mr. Ortega planned to send a letter with a copy of the contract originally developed with the District and City involvement, and to let Mr. Ford know that the contract he brought forth was not acceptable. Mr. Ortega retired earlier than planned, so Mr. Justin McCarthy, Interim City Manager, followed through with Mr. Ortega's plan. Attached is a copy of the following: 1. A copy of the letter sent to Mr. Stan Ford from Mr. McCarthy. 2. A copy of the existing contract dated April 22, 2002. 3. A copy of the updated contract with the date "2008" on it, as it still has not been updated to reflect the current year. 4. A copy of the contract sent to the City in July 2008, from Mr. Stan Ford (also dated "2008") and the email that accompanied it. Staff prepared the budget for the past two years with the intent that the Recreation District would be requesting additional funds, especially since the City is requesting an additional Park Ambassador. Since the contract has not been signed, Staff amended the "contracting" line item of the budget for fiscal year 2008-09, and decreased it by $68,000. During budget preparation for fiscal year 2009-10, it was requested that all City Staff decrease the budget by 15%. Based on this number, the contracting line item has been reduced, so Staff is unsure at this date if there would be funding available to increase level of service. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Contract Rec District\CVRPD Contract.doc MI Of POLE' r t i g t 73-510 FRED WARING DRIVE v<" PALM DESERT, CALIFORNIA 92260-2578 h ' TEL: 760 346-0611,� y FAY- 760 340 0574• . "n"" E info@palm-desertorg OFFICE OF THE CITY MANAGER January 12, 2008 Mr. Stan Ford Desert Recreation District 45-305 Oasis Street Indio, California 92201 Dear Mr. Ford: Since the summer of 2007, the City of Palm Desert staff worked with the Desert Recreation District staff (Mr. Kevin Kalman, Mr. Craig DeWitt, and Ms. Barb Adair) to improve communication and recreational services between the two agencies. Part of that effort included reviewing and updating the contract between the City and the Recreation District dated March 22, 2002, to reflect current needs. City staff took on the task of "authoring" the contract. Each time a revision was made, copies were provided to all parties. Updates were based on perceived needs as identified by both the City and the District. Changes were also based on the need of the City to convey clear expectations and provide performance measures and frequency schedules to the District. It was understood that the District would provide a cost to a number of the increased service requests. For example, the City is requesting additional Park Ambassador hours based on an increase in the number of parks in the City from the time of the original contract. Copies of the revised contract were provided to the City's Attorney and Risk Manager, as well as to the District's attorney. Comments were received from the City's Risk Manager and City Attorney in September 2007. Comments were received from the District's attorney in January 2008. The only major difference in the comments from both attorneys was that the District's attorney did not want to include a "performance deficiency" clause, which was included in the previous contract. This clause was taken out in an effort to finalize the contract with the District. A contract was sent to the City of Palm Desert by the District on July 11, 2008, that is totally different from the document worked on by both agencies which is not acceptable to the City of Palm Desert. We are requesting that the District agree to the attached document, or provide specific suggestions on provisions you would like to see changed. If you have any questions, please contact me at (760) 346-0611. Sincerely, JU ,TIN McCART Y Inte im City nager CITY Of ri DESERT 73-510 FRED WARING DRIVE 11 If • Ry* ' /xm .'y. PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346-061 aic FAX 760 341-7098 info®palm-desert org April 22, 2002 Don Martin, General Manager Coachella Valley Recreation and Park District 45-871 Clinton Street Indio, California 92201 Dear Mr. Martin: Subject: Contract No. C19920 -Agreement with the Coachella Valley Recreation and Park District for Recreational Services At its regular meeting of March 28, 2002, the Palm Desert City Council, by Minute Motion, approved the subject Agreement with Coachella Valley Recreation and Park District, Indio, California, and authorized the Mayor to execute same. Enclosed is a copy of the fully executed Agreement for your records. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CMC DEPUTY CITY CLERK RDK:mgm Enclosures (as noted) cc: Jeff Winklepleck, Parks and Recreation Planning Manager Finance Department NTRACT NO. C19920 AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COACHELLA VALLEY RECREATION AND PARK DISTRICT FOR RECREATIONAL SERVICES This Agreement is made and entered into in the City of Palm Desert on this 28th day of _March_, 2002, by and between the City of Palm Desert, a municipal corporation, hereinafter referred to as "City", and the Coachella Valley Recreation and Park District, a public agency, hereinafter referred to as "CVRPD". WITNESETH : WHEREAS, the City owns or leases property that is used for parks, recreational, and community activities; and, WHEREAS, the CVRPD is qualified to provide and administer these activities; and, WHEREAS, the City desires the CVRPD to provide and administer recreational activities and related services that benefit the residents of Palm Desert, and WHEREAS, that several sports associations provide organized sporting activities for the (_ youth of the City on City controlled land and land controlled by Desert Sands Unified School District ("DSUSD"), NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties agree as follows: 1. Term. The term of this Agreement shall commence upon its execution by both parties, and shall extend through June 30, 2003. The term shall be automatically extended in one Year increments until either party provides written notice to the other party of its desire that the Agreement terminate on its next anniversary date. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. 2. Facilities. The following facilities owned or leased by the City of Palm Desert"City Facilities", as more particularly described in Attachment"A", are subject to this Agreement. A Palm Desert Civic Center Park B Palm Desert Skate Parks C Civic Center Park Tennis Courts D Legends Field E Palm Desert Soccer Park F Olesen Field 1 04/03/2002 NTRACT NO. C19920 G Palm Desert Sports Complex H Cahuilla Park Ironwood Park J Palm Desert Country Club Park K Washington Charter School Park Portola Community Center M Palm Desert Community Gardens N CVRPD Office at the Palm Desert Civic Center Park 0 Homme Adams Park P Freedom Park 3. CVRPD Obligations. CVRPD shall provide recreational and maintenance services at the City Facilities in a manner more particularly described in the corresponding attachments. 4. City's Obligations. The City shall maintain City Facilities and shall compensate CVRPD for CVRPD services, as more particularly described in the corresponding attachments. 5. Desert Sands Unified School District's Obligations. DSUSD owns, and leases to City, several of the facilities that are subject of this Agreement. The obligations of DSUSD, with respect to the facilities it owns, and as described in the attachments hereto, shall be the subject of separate agreement(s) between City and DSUSD. 6. Permits and Approvals. Any modifications or changes to City Facilities shall require an appropriate permit from the City prior to commencement of any work. Any modification to City Facilities shall require the City's approval prior to commencement of work. A letter of approval or permit shall be on site at all times. 7. Baseball Infield Maintenance. The City will be responsible for ensuring that the baseball infields are.maintained at an appropriate level and condition for safe play. When needed, the City and the CVRPD shall close a field for extensive maintenance, repair or _ other required work and will strive to coordinate any closure with scheduled activities. Infield preparation by leagues, CVRPD or others prior to games shall conform to the standards as described in Attachment 10. 8. Maintenance. The CVRPD shall notify the City in the event that any City facility needs maintenance over and above the required daily maintenance which will be performed-by-sports-leaguca. 9. Non Discrimination. Recreation programs and services shall be provided in accordance with all local, state, and federal laws, without discrimination as to race, color, age, sex, sexual orientation, religion, or national origin. 10. Vehicles. Vehicles shall not be permitted on City Facilities covered by this Agreement at any time, unless issued a vehicle permit by the City which must be displayed on the vehicle as required. The permit is valid for loading and unloading only. No vehicle parking is permitted inside the facility. Pre-authorized City vehicles, official emergency 2 04/03/2002 NTRACT NO. C19920 vehicles and golf carts are exempt. If a user, group, organization or privately owned vehicle damages any area covered hereunder they will be responsible for all costs to repair any damages in a timely manner. 11. User Fees. A schedule of user fees for the facilities covered hereunder shall be established by the City and shall be consistent with other CVRPD fees(Attachment 3). The user fee schedule shall identify groups which are required to pay administration and/or lighting fees and groups which are exempt. Fees shall be collected by the CVRPD and the administration fee turned over to the City. 12. Compensation. Compensation to CVRPD for scheduling, posting and supervision of facilities, Monday through Sunday 6:00 a.m. to 11:00 p.m. shall be$13.85 hourly, which will be adjusted annually by the City's calculated cost of living index. The CVRPD will perform necessary maintenance upon request by the City at$22.14 hourly plus the cost of materials, also adjusted annually. 13. Performance Deficiencies and Reduction In Payment. If performance by CVRPD is deficient, the City reserves the right to subtract costs from the next billing cycle. Since it is difficult to quantify and assess a value to every aspect of the work, the City shall first issue a warning upon verification of the deficiency. Thereafter, if the deficiency is not corrected within the specified time, the City shall implement a standard $100 cost per incident. The following describes deficiencies: A. Lack of compliance to specifications. B. Failure to provide specified reports and reservation schedules or to falsify such reports or schedules. C. Failure to supply adequate equipment, labor or supervision. D. Failure to comply with schedules. Variances may be approved by request. Delays due to weather will be taken into consideration. E. Failure to protect public health and safety. I4 — Security. The-OVRPD—will-secure-andlock-atFlockable-facilities-at Ironwood-Park, - Cahuilla Park, Palm Desert Country Club Park, Civic Center Park, and Palm Desert Soccer Park, Community Gardens and Washington Charter School Park between the hours of 9:30 p.m. and 11:00 p.m. Other facilities may be added as they are developed. 15. Personnel. In order to provide the recreation and maintenance services pursuant to this Agreement, the CVRPD shall hire and supervise personnel in accordance with the CVRPD's personnel policy rules and certification requirement. All personnel assigned to the facilities shall wear appropriate attire which as provided by the CVRPD which identifies 3 04/03/2002 NTRACT NO. C19920 the individual as a CVRPD employee. In addition, the employee shall wear a CVRPD photo identification card while on duty. 16. Emergency. The City and the CVRPD shall provide twenty-four (24) hour ar emergency service. The CVRPD shall have a staff member on call at all times and will provide the City with appropriate contact numbers. 17. Audit. The City reserves the right to perform an audit to determine the accuracy of the CVRPD's City-related monthly revenue and expense reports and youth sports league rosters. The audit or examination of the records may be performed by an individual representative of the City or by an accounting firm retained by the City. The City agrees to pay for the cost of such audit. The CVRPD agrees to provide actual records and daily accounts at the City's request at no cost. 18. Insurance. All parties utilizing and reserving facilities shall provide liability insurance to the City. The CVRPD shall procure and maintain, at its sole expense,for the duration of this Agreement, commercial general liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CVRPD, its agents, representatives and employees. General liability insurance shall be provided in the amount of not less than one million dollars ($1,000,000) property damage, including loss of the use thereof, arising out of ownership, maintenance or use of the City's property or related personal property. The CVRPD shall furnish the City with original endorsements effecting coverage by this clause. The endorsements are to be signed by a person authorized by that insurer to bring ' coverage on its behalf. The endorsements are to be provided on standard ISDO forms. All endorsements are to be received and approved by the City. The CVRPD will obtain and maintain in full force and effect during the term of this Agreement, comprehensive general liability insurance to the extent of $1 million ($1,000,000) per person and $3 million ($3,000,000) per occurrence against liability for bodily injury, including death resulting therefrom, and to the extent of $500,000 per occurrence against liability for damage to property including loss of use thereof, arising out of the ownership, maintenance or use of the facilities covered hereunder and related personal property. Such insurance policies may be covered under a self-insurance program. 19. Workers Compensation. The CVRPD will obtain and maintain Workers-- - - -- Compensation-Insurance-as required-bylaw at its own cost and expense. 20. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Palm Desert City Council. 21. Contract Documents. This writing constitutes the entire agreement between the parties and may not be altered except by express written statement. The attachments to this Agreement include: 4 04/03/2002 NTRACT NO. C19920 Attachment A Palm Desert Civic Center Park Attachment B Palm Desert Skate Parks Attachment C Civic Center Park Tennis Courts Attachment D Legends Field Attachment E Palm Desert Soccer Park Attachment F Olesen Field Attachment G Palm Desert Sports Complex Attachment H Cahuilla Park Attachment I Ironwood Park Attachment J Palm Desert Country Club Park Attachment K Washington Charter School Park Attachment L Portola Community Center Attachment M Palm Desert Community Gardens Attachment N CVRPD Office at the Palm Desert Civic Center Park Attachment 0 Homme Adams Park Attachment P Freedom Park Attachment 1 Palm Desert Civic Center Park map Attachment 2 Palm Desert Civic Center Park Application for Use Of Facilities & Special Events form Attachment 3 City of Palm Desert Park Use and Facility Fees Schedule,and-eoauiella Valley Recreation and Park District Ballfield User Fees Schedule Attachment 4 Coachella Valley Recreation & Park District Application For Use of District Facilities Attachment 5 Portola Community Center Application for Use Of Facility Attachment 6 Portola Community Center Facility Use Rules 5 04/03/2002 NTRACT NO. C19920 Attachment 7 Portola Community Center Operational Guidelines Group Rental Priorities Attachment 8 Maintenance And Security Guidelines for Palm Desert Gardens Attachment 9 City of Palm Desert Community Garden Registration Application and Renewal Form Attachment 10 Baseball Infield Preparation Standards Attachment 11 Daily skate park inspection form Attachment 12 Incident report form Attachment 13 Park Maintenance Work Request Form 22. Notice. All notices or demands of any kind served by either party to this Agreement by the other will be in writing and will be personally delivered or mailed by registered or certified mail, return receipt requested addressed as follows: City Clerk Manager City of Palm Desert Coachella Valley Recreation & 73-510 Fred Waring Drive Park District Palm Desert, CA 92260 45-871 Clinton Street Indio, California 92201 23. Litigation Costs. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs in addition to any other relief granted by the court. 24. Authority to Execute Agreement. Both the City and the CVRPD do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized. 25. Indemnification. The City hereby agrees to indemnify, defend (with counsel of - - - - CVRPD-choice}-and-save-the-CVRPD-harmless from and against any and all losses, claims, actions, fines, penalties, demands, damages, liability and expenses, including attorneys' fees in connection with loss of life, personal injury and damage to property arising from or out of any occurrence in, upon, or at the facilities named hereunder and the provision of recreation services thereunder occasioned wholly or in part by any act or failure to act by the City, its agents, contractors, employees or servants. The CVRPD hereby agrees to indemnify, defend (with counsel of City's choice) and save the City harmless from and against any and all losses, claims, actions, fines, penalties, demands, damages, liability and expenses, including attorneys'fees in connection with loss 6 04/03/2002 NTRACT NO. C19920 of life, personal injury, and damage to property arising from or out of any occurrence in, upon, or at the facilities named hereunder and the provision of recreation services thereunder occasioned wholly or in part by any act or failure to act by the City, its agents, contractors, employees or servants. • 26. Entire Aq reement. This writing constitutes the entire agreement of the parties with respect to the subject matter herein and may not be modified or amended except by an agreement executed by both parties. 27. No Waiver. No waiver of any breach of default hereunder will be considered valid unless in writing, and no such waiver will be deemed a waiver of any subsequent breach or default of the same or similar nature. 28. Invalidity. If any provision of this Agreement is invalid or not enforceable, such invalid provision will attach only to such provision and will not in any manner affect or render invalid or unenforceable any other severable provision of this Agreement, and this Agreement will be carried out as if any such invalid or unenforceable provision were not contained herein. 29. Headings. The section headings contained herein are for the purpose of convenience only and are not intended to define or limit the contents of said sections. 30. Counterpart. This Agreement may be executed in one or more counterparts, all of which if taken together will be deemed an original. [SIGNATURES ON FOLLOWING PAGE] 7 04/03/2002 NTRACT NO. C19920 City of Palm Desert Attes : 2 Zee Richard S. Kelly, May heila R. Gillig , City I k APPROVED AS TO FORM Coachella Valley Recreation and Park District �- 4� Gry Day rw' , City Attorney Don Martin, General Manager • 8 04/032002 NTRACT NO. C19920 ATTACHMENT "A" - PALM DESERT CIVIC CENTER PARK The Palm Desert Civic Center Park is located at San Pablo between Fred Waring Drive and Magnesia Falls Drive, and includes the amphitheater and stage, basketball courts, dog parks, two lagoons,the Holocaust Memorial,various pieces of public art,tot lot playground, five picnic pavilions, the Representative Date Grove, restroom facilities, sand volleyball courts, large areas of turf, and the Family YMCA The Legends Field Baseball Complex, Palm Desert Community Center and gym, skateboard parks,tennis courts, or part of the Civic Center Park complex, are the subject of separate attachments hereto. Utilities The City is responsible for all of the utilities at this facility. Maintenance The City is responsible for the general maintenance at this facility, and shall maintain the pavilions for general use by the public and schedule cleaning as necessary. The CVRPD agrees to clean pavilions prior to scheduled reservations. Cleaning is defined as: Hose off the concrete surface where water is available Remove and replace full trash bins Pick up all loose litter and debris in and around pavilions Wash down tables and benches Remove tape, ropes, strings and balloons Reservations Reservation priority will be given as follows: 1st City sponsored events 2nd Group reservations 3rd First come, first served The CVRPD will provide a monthly calendar of sporting events, pavilion rentals and park activities to the City. All users who request a reservation for the facility will be required to complete a Palm Desert Civic Center Park Application for Use Of Facilities & Special Events form (Attachment 2). Reservation priority is a privilege, not a right. If reservations are made and not kept, the privilege of using the facility may be terminated by the City. 9 04/03/2002 NTRACT NO. C19920 Any unauthorized modification of any irrigation system, electrical system, playing field or - other similar City-owned property will not be tolerated.Any costs related to the repair and/or replacement to correct the situation will be billed to the responsible party and/or associated league. In addition, such action may result in the responsible party and/or league losing reservation privileges. Reservation Guidelines The City and CVRPD may reserve facilities by executing the normal and customary reservation process. Unreserved facilities (the remainder of the park) shall be available to park users on a first come,first served basis. Playground equipment may not be reserved. The baseball fields and the concession stand shall be reserved and scheduled by the CVRPD. The CVRPD and the Family YMCA of the Desert shall be considered park tenants and have certain rights and obligations. They shall be able to reserve park facilities through the normal and customary reservation process without fees. If these park tenants desire to hold a special event, as defined in the Municipal Code, they must obtain permission through the City and pay for all special services required at the event. In exchange for the privilege of obtaining a "no fee" reservation, the park tenants agree to assist in enforcing the rules and regulations of the park and cleaning the park whenever possible. Park Reservations and Park Use Fees The City shall establish fees(Attachment 3)for the reservation of facilities. User fees shall be in effect for use of the facilities in accordance with the rules and regulations set forth in Sections 11.01 and 11.04 of the City of Palm Desert's Municipal Code. The CVRPD shall be entitled to the reservation fee to compensate for the cost of processing, posting, and supervising. The City shall be entitled to the administration fee and the CVRPD shall be entitled to any cleaning deposit not returned to compensate for the cost of administration of permits and cleaning and repair of the facilities. If the CVRPD and/or the City are requested to provide additional services, each agency shall be reimbursed for costs from the reserving party. Golf Carts The CVRPD shall provide and maintain two (2) electric golf carts as an incidental cost for park supervision Coordination of Services Maintenance, irrigation, repair and over-seeding will be scheduled and coordinated by the City and the CVRPD. The objective will be to maintain, irrigate, and repair during times that fields are not scheduled for use if possible. 10 04/03/2002 • NTRACT NO. C19920 Supervision The CVRPD shall notify the City of misuse and abuse of City facilities in a timely manner. The CVRPD shall supervise the facilities by patrolling on an hourly basis in a golf cart daily between the hours of 6:00 a.m. to 10:00 p.m. The CVRPD shall promptly notify the City of any damages or vandalism discovered, and shall notify the Palm Desert Police Department regarding any health and safety, or park ordinance violation. Litter Control The CVRPD shall provide litter control at the City of Palm Desert Civic Center Park. Litter control means general policing of area and picking up litter. On Saturdays and Sundays, the CVRPD shall empty trash bins. The City will provide the trash bags and trash bins. Unlocking/Locking The CVRPD shall have the responsibility for unlocking and locking the restrooms at this facility. The restrooms shall be unlocked no later than 6:00 a.m. and locked no later than 11:00 p.m. unless otherwise directed by the City. 11 04/03/2002 NTRACT NO. C19920 ATTACHMENT "B" PALM DESERT SKATE PARKS The Palm Desert Skate Parks facilities are located at San Pablo in the Palm Desert Civic Center Park. The CVRPD shall operate the skate parks as a public facility. The CVRPD is responsible for administering the skate park program in accordance with City Ordinances that shall include a registration process and collection of user fees. Utilities The City is responsible for all of the utilities at this facility. Maintenance The City is responsible for maintenance at the skate park. CVRPD shall be responsible for the cleaning of the restroom. Minor daily maintenance such as litter pickup, sweeping and sticker removal shall be completed by CVRPD as needed. CVRPD staff shall complete a daily inspection of the facility on a City-approved form and maintain a written record of such inspections. CVRPD shall report any hazards or maintenance needs to the City within 24 hours. The CVRPD agrees to provide restroom custodial services to include the following: Empty and reline trash receptacle Clean and stock restrooms, and Report any maintenance needs and safety hazards to the City Reservations No reservations are accepted for this facility. Supervision The CVRPD is responsible for the supervision and enforcement of user rules and regulations from 6 a.m. to 10 p.m. Monday through Sunday, for regular policing of the __facilityr.and_for ensuring-that-each-skater has-a current user -card-and-it'wearing the appropriate safety gear. CVRPD shall keep a written record of all reported injuries and action taken. Injury reports on City-approved form shall be turned over to the City's Risk Manager on a per-occurrence basis. Unlocking/Locking The CVRPD is responsible for unlocking and locking the facility including the restrooms. The restrooms shall be unlocked no later than 6:00 a.m. and locked no later than 11:00 p.m. unless otherwise directed by the City. 12 04/032002 NTI2ACT NO. C19920 ATTACHMENT "C" CIVIC CENTER PARK TENNIS COURTS The Tennis Court facility is located at the Palm Desert Civic Center Park. The CVRPD shall operate the Tennis Court facility as a public tennis facility. The facility shall be open to the public every day, and the hours of operation determined by the CVRPD. The CVRPD shall provide recreation services to the public at the Tennis Court facility, including adult and youth tennis lessons, open play tennis and other recreation services at its sole discretion. The CVRPD and/or the City may close the facility at any time. No commercial usage for tennis lessons will be allowed without formal City Council approval. The tennis courts shall be open to the public for use without charge. Utilities The City is responsible for all of the utilities at this facility. Maintenance The City is responsible for all of the maintenance at this facility. Reservations No reservations are accepted for this facility. 13 04/03/2002 NTRACT NO. C19920 ATTACHMENT "D" LEGENDS FIELD Legends Field is located at the north end of the Palm Desert Civic Center Park. The facility includes four baseball fields, backstops, dug-outs, built-in bleachers, baseball lighting,trash receptacles, infield brick dust, outfield turf, low-level lighting,backstop/fencing, concession stand, restroom building, public art and entry columns. Utilities The City is responsible for all utilities at this facility. Maintenance The CVRPD will perform necessary maintenance upon request by the City at$22.14 hourly plus the cost of materials. Field Maintenance The City of Palm Desert agrees to maintain Legends Ball Fields in a safe and playable condition. The CVRPD agrees to provide custodial services at Legends Fields to include the following: Litter removal on the infields, dugouts, walkways Empty and reline trash receptacle Clean and stock restrooms Report any maintenance needs and/or safety hazards to the City as soon as possible Reservations Reservation priority will be given as follows: 1st Youth sports during normal/customary season 2nd Organized adult league play 3rd Group reservations 41-11- - First-come;first-served— The CVRPD will provide a detailed bi-weekly calendar of sporting events and activities to the City and all participating entities. The calendar shall indicate reservations by specific field and hours. Blocking out the facility for an entire season is not acceptable. The City shall set lighting time clocks. The CVRPD shall complete other similar related reservation requirements as appropriate. It is understood that items above and beyond the normal reservation process, such as stripping fields, shall be charged to the reserving party. 14 04/03/2002 NTRACT NO. C19920 All users who request a reservation for the facility will be required to complete a Coachella Valley Recreation & Park District Application For Use Of District Facilities (Attachment 4). Reservation priority is a privilege, not a right. If reservations are made and not kept, the privilege of using the facility may be terminated by the City. Any unauthorized modification of any irrigation system, electrical system, playing field or other similar City-owned property will not be tolerated.Any costs related to the repair and/or replacement to correct the situation will be billed to the responsible party and/or associated league. In addition, such action may result in the responsible party and/or league losing reservation privileges. Concession Stand The CVRPD shall provide all maintenance and cleaning services for the concession stand exterior, interior and all appliances. User groups will be responsible for vandalism and/or damage during their events. Unlocking/Locking The CVRPD shall have the responsibility of locking and unlocking the restrooms at this facility. The restrooms shall be unlocked during scheduled events or as directed by the City. 15 04/03/2002 NTRACT NO. C19920 EXHIBIT "E" PALM DESERT SOCCER PARK The Palm Desert Soccer Park is located at Hovley Lane west of Corporate Way. The facility includes five soccer fields, a building with restrooms and concession stand, tot lot playground, three horseshoe pits, three shuffleboard courts, basketball court, parking area, lighting, outdoor showers, picnic pavilions, barbecues, picnic tables, benches, drinking fountains, and trash receptacles. Utilities The City is responsible for all of the utilities at this facility. Maintenance The City is responsible for all of the maintenance at this facility. Reservations Reservation priority will be given as follows: 1st Youth sports during normal/customary season 2nd Organized adult league play 3rd Group reservations 4th First come, first served The CVRPD will provide a bi-weekly calendar of sporting events and activities to the City and all participating entities. The calendar shall indicate reservations by specific field and hours. Blocking out the facility for an entire season is not acceptable. The CVRPD shall set lighting time clocks. The CVRPD shall complete other similar related reservation requirements as appropriate. It is understood that items above and beyond the normal reservation process, such as stripping fields, shall be charged to the reserving party. All users who request a reservation for the facility will be required to complete a Coachella - Valley Recreation-&Park-District-Application-Ear use OfITistncf acility (Attachment 4). Reservation priority is a privilege, not a right. If reservations are made and not kept, the privilege of using the facility may be terminated by the City. Any unauthorized modification of any irrigation system, electrical system, playing field or other similar City-owned property will not be tolerated.Any costs related to the repair and/or replacement to correct the situation will be billed to the responsible party and/or associated league. In addition, such action may result in the responsible party and/or league losing reservation privileges. 16 04/03/2002 NTRACT NO. C19920 Concession Stand The CVRPD shall provide cleaning services for the concession stand exterior, interior, and all appliances excluding the restroom. The City shall provide all building maintenance services and appliance replacement. User groups shall be responsible for vandalism and/or damage during their events. Unlocking/Locking The CVRPD shall have the responsibility of unlocking and locking restrooms. The restrooms shall be unlocked no later than 6:00 a.m. and locked no later than 11:00 p.m. unless otherwise directed by the City. 17 oaroarzooz NTRACT NO. C19920 EXHIBIT "F" OLESEN FIELD Olesen Field is constructed on Desert Sands Unified School District owned land located along Magnesia Falls Drive adjacent to Palm Desert Middle School and the Palm Desert Community Park. The field currently has a baseball backstop(screen), dugouts, bleachers, baseball lighting, trash receptacles, infield brick dust, and outfield turf. This area shall be defined as all areas west of the ballfield light poles and north of the DSUSD room/shade structure and east of the open area. The City will maintain the field from 6 feet outside the light poles. The adjacent soccer field area will be maintained by the DSUSD. Utilities The CVRPD will pay for all of the electrical charges for field lighting. DSUSD is responsible for all of the water. Maintenance The City shall maintain Olesen Ball Fields in a safe and playable condition. The CVRPD agrees to provide custodial services to include the following: Litter removal on the infields, dugouts, walkways Empty and reline trash receptacle, and Report any maintenance needs and safety hazards to the City The CVRPD will perform necessary maintenance upon request by the City at$22.14 hourly plus the cost of materials. Coordination of Services Maintenance, irrigation, repair and over-seeding will be scheduled and coordinated by the City, the CVRPD and the DSUSD. The objective will be to maintain, irrigate, and repair during times that the fields are not scheduled for use if possible. Reservations Reservation priority will be given as follows: 1st Youth sports during normal/customary season 2nd Organized adult league play 3rd Group reservations 4th First come, first served The CVRPD will provide a bi-weekly calendar of sporting events and activities to the City and all participating entities. The calendar shall indicate reservations by specific field and 18 04/03/2002 NTRACT NO. C19920 hours. Blocking out the facility for an entire season is not acceptable. DSUSD shall also - provide a yearly calendar of events to the City to avoid conflicts. Updates shall be provided by DSUSD on a monthly basis. The City shall set lighting time clocks. The CVRPD shall complete other similar related reservation requirements as appropriate. It is understood that items above and beyond the normal reservation process, such as stripping fields, shall be charged to the reserving party. All users who request a reservation for the facility, other than school functions, will be required to complete a Palm Desert Civic Center Park Application for Use Of Facilities & Special Events form (Attachment 2). Reservation priority is a privilege, not a right. If reservations are made and not kept, the privilege of using the facility may be terminated by the City. Any unauthorized modification of any irrigation system, electrical system, playing field or other similar City-owned/leased property will not be tolerated. Any costs related to the repair and/or replacement to correct the situation will be billed to the responsible party and/or associated league. In addition, such action may result in the responsible party and/or league losing reservation privileges. Concession Stand The CVRPD shall provide all maintenance and cleaning services for the concession stand exterior, interior and all appliances. 1 User groups shall be responsible for vandalism and/or damage during their events. Unlocking/Locking The CVRPD shall have the responsibility of unlocking and locking restrooms. The restrooms shall be unlocked no later than 6:00 a.m. and locked no later than 11:00 p.m. unless otherwise directed by the City. 19 04/03/2002 NTRACT NO. C19920 ATTACHMENT "G" PALM DESERT SPORTS COMPLEX The Palm Desert Sports Complex facility is located on the Palm Desert High School site. The property is owned by DSUSD and leased to the City. The Cove Communities Services Commission (Indian Wells, Rancho Mirage and Palm Desert) contribute annually for the sports activities that are provided at this facility. The City is the maintaining agency and owns the buildings and equipment. The facility consists of restrooms, snack bar, tot lot playground, field lighting, scoreboard, irrigation system, perimeter fencing and fields used for baseball and soccer. Four baseball/softball fields are laid out with backstops, dugouts and brick dust infields. Ball Field #1 (northwest quadrant) is utilized exclusively by the Palm Desert High School Women's Softball team and is not available for scheduled public use. The fence that encircles it generally defines this field. The adjacent batting cage is permanent and is included as part of Ball Field # 1. The DSUSD and Women's Softball Team provide all maintenance services to Ball Field # 1 and related equipment. Utilities The CVRPD is responsible for all of the electrical charges for lighting of this facility excluding Ball Field # 1. The DSUSD agrees to pay for all of the cost of the Women's Softball Team lighting charges • for Ball Field# 1 by separation of the electric circuit. Said electric circuit changes shall be made by DSUSD within 60 days of the effective date of this agreement. The DSUSD will pay for all of the water at this facility. The City shall provide at their expense, all other utility services required by the CVRPD in connection with the maintenance and operation of the facility. Maintenance The City will arrange and pay for the general maintenance of the facility with the following __ --- - -- —exceptions= The DSUSD and/or the Palm Desert High School Women's Softball Team will arrange and pay for the maintenance of Ball Field # 1. User groups will be responsible for vandalism and/or damage during their events. The CVRPD will perform necessary maintenance upon request by the City at$22.14 hourly plus the cost of materials. 20 04/032002 NTRACT NO. C19920 Reservations During the regular and customary school year, and during the regular and customary school hours (usually 8 a.m. to 5 p.m., Monday through Friday), the Palm Desert High School will have priority use of the facility for physical education classes and official athletic activities. The CVRPD shall schedule, post, and collect reservation fees for Ball Fields 2, 3, and 4. Reservations will be given priority as follows: 15t Youth sports during normal/customary season 2nd Organized adult league play 3rd Group reservations 4th First come, first served The CVRPD will provide a bi-weekly calendar of sporting events and activities to the City and all participating entities. The calendar shall indicate reservations by specific field and hours. Blocking out the facility for an entire season is not acceptable. DSUSD shall also provide a yearly calendar of events to the City and the CVRPD to avoid conflicts. Updates shall be provided by DSUSD as needed. The CVRPD shall set lighting time clocks. The CVRPD shall perform other related reservation requirements as appropriate. It is understood that items above and beyond the normal reservation process, such as striping fields, shall be charged to the reserving party. All users who request a reservation for this facility for other than school functions, will be required to complete a CVRPD Application for Use Of District Facilities (Attachment 4). Reservation priority is a privilege, not a right. If reservations are made and not kept, the privilege of using the facility may be terminated by the City. Any unauthorized modification of any irrigation system, electrical system, playing field or other similar City-owned/leased property will not be tolerated. Any costs related to the repair and/or replacement to correct the situation will be billed to the responsible party anti/or associated league. In addition, such action may result in the responsible party and/or league losing reservation privileges. Concession Stand The CVRPD shall provide cleaning services for the concession stand exterior, interior and all appliances excluding the restrooms. The City shall provide all building maintenance services and appliance replacement. Unlocking/locking The restrooms shall be unlocked upon reservation and locked no later than 11:00 p.m. unless otherwise directed in writing by the City. 21 04/032002 6 U'RACT NO. C19920 Coordination of Services Maintenance, irrigation, repair and over-seeding will be scheduled and coordinated by the City, the CVRPD and the DSUSD. The objective will be to maintain, irrigate, and repair during non-scheduled times if possible. 22 04/03/2002 NTRACT NO. C19920 ATTACHMENT "H" - . CAHUILLA PARK Cahuilla Park is located at 72-400 Greene Way adjacent to the Palm Valley Channel at Green Way and Edgehill Drive. The facility currently has tennis courts, picnic tables, and natural open space. Utilities The City is responsible for all of the utilities at this facility. Maintenance The City is responsible for all of the maintenance at this facility. Reservations No reservations are accepted for this facility. Unlocking/Locking The CVRPD is responsible for unlocking and locking the tennis court gate. The gate shall be unlocked no later than 6:00 a.m. and locked no later than 11:00 p.m. unless otherwise directed by the City. • 23 04/03/2002 ( 1TRACT' NO. C19920 ATTACHMENT "I" IRONWOOD PARK Ironwood Park is located along Chia Drive south of Haystack Road. The facility currently has restrooms, tot lot playground, open grass area, natural open space and picnic shelters. Utilities The City is responsible for all of the utilities at this facility. Maintenance The City is responsible for all of the maintenance at this facility. Reservations No reservations are accepted for this facility. Unlocking/Locking The CVRPD will be responsible for unlocking and locking the restrooms at this facility. The restrooms shall be unlocked no later than 6:00 a.m. and locked no later than 11:00 p.m. unless otherwise directed by the City. 24 04/03Q002 )NTRACT NO. C19920 ATTACHMENT ''J'" PALM DESERT COUNTRY CLUB PARK The Palm Desert Country Club Park is located at California Avenue and the Avenue of the States. The facility currently has basketball courts, dog park, tot lot playground, restrooms, rose garden, and a picnic pavilion. Utilities The City is responsible for all the utilities at this facility. Maintenance The City is responsible for all of the maintenance at this facility. Reservations No reservations are accepted for this facility. Locking/Unlocking The CVRPD will be responsible for unlocking and locking the restrooms at this facility.The restrooms shall be unlocked no later than 6:00 a.m. and locked no later than 11:00 p.m. unless otherwise directed by the City. 25 04/03(2002 )NTRACT NO. C19920 ATTACHMENT "K" WASHINGTON CHARTER SCHOOL PARK The Washington Charter School Park is located adjacent to Washington Charter School at 45768 Portola Avenue. The park currently has a large tot lot, basketball court, trash cans, drinking fountain and turf area. This facility is owned by the Desert Sands Unified School District and maintained by the City. Utilities The DSUSD is responsible for all utilities. Maintenance The City is responsible for all of the maintenance at this facility. Reservations No reservations are accepted for this facility. Unlocking/Locking 1 _ During school days, the DSUSD shall have the responsibility of unlocking the gates at this facility, and CVRPD shall have the responsibility of locking the gates. The gates shall be locked no later than 11:00 p.m. During weekends, holidays and other non-school days (summer vacation, holidays, etc.)the CVRPD will be responsible for unlocking and locking the gates at this facility. During these times,the gates shall be unlocked no later than 6:00 a.m. and locked no later than 11:00 p.m. unless otherwise directed by the City. 26 04/03/2002 NTRACT NO. C19920 ATTACHMENT 'U' PORTOLA COMMUNITY CENTER The Portola Community Center is located at 48-480 Portola Avenue. This facility is owned by the City and is operated and managed by the CVRPD. The City shall develop policies and procedures for its operation and the approval of all lease agreements. The facility has offices and common areas that can be used by the community, civic or individual groups, and organizations. Maintenance The City is responsible for providing all general interior and exterior building maintenance and all exterior landscape maintenance for this facility. Custodial services shall be rendered by CVRPD from 4:30 p.m. to 8:30 p.m. at $13.85 hourly. Reservations All users who request a reservation for the facility will be required to complete a Portola Community Center Application For Use Of Facility form (Attachment 5). The CVRPD shall maintain a reservation book of facility use, schedule and post reservations and collect appropriate fees. A staff member shall be on call at all times, and the City shall be provided with the contact phone number. Supervision The CVRPD shall supervise the facility Monday through Friday 8:00 a.m. to 8:30 p.m. Supervision shall be provided on an as needed basis from 8:30 p.m.to 10:00 p.m., and on Saturdays from 8:00 a.m. to 10:00 p.m. The CVRPD shall establish and enforce Portola Community Center Facility Use Rules (Attachment 6) and Portola Community Center Operational Guidelines (Attachment 7). Secretarial/receptionist services (including maintaining general office supplies) shall be provided Monday through Friday 8:00 a.m. to 5:00 p.m. Secretarial services shall be provided to the tenants according to a formula based on the square footage of the office space. 27 04/03/2002 0 'TCT NO. C19920 Compensation Compensation for general service items shall be: Full Time Receptionist Salary and Benefits $29,515.20 Part Time Custodial/attendant (Monday through Friday 4:30 - 8:30 p.m.) $12,202.37 Janitorial/office supplies/first-aid supplies $ 5,500.00 TOTAL $47,217.57 Additional staff services on Saturday or after 8:30 p.m. Monday through Friday will be billed to the City at $13.85 hourly. The City shall provide the building, utility services, repairs to the building and exterior, landscape maintenance, tables chairs, receptionist furniture, phone system, computer and printer. Opening/Closing The CVRPD is responsible for opening and closing the building. 28 04/03/2002 NTRACT NO. C19920 ATTACHMENT "M" PALM DESERT COMMUNITY GARDENS The Palm Desert Community Gardens are located on San Pablo between Santa Rosa and Guadalupe, and consists of four gardens, Santa Rosa, San Nicholas, Catalina and Guadalupe. The Community Gardens are for the use and enjoyment of Palm Desert Residents. The City shall establish Maintenance and Security Guidelines for Palm Desert Community Gardens (Attachment 8) and administer the gardening program. Membership includes participation in the Palm Desert Community Gardens program, use of the assigned garden plot(including the use of on-site utilities and other garden amenities), quarterly articles in the City's BrightSide Newsletter, monthly garden meetings, low cost garden classes, and other programs, projects, and events planned and scheduled by the City. The CVRPD shall be responsible for conducting yearly registration and collecting user fees. Registration will take place at the Portola Community Center using the City of Palm Desert Community Garden Registration Application and Renewal Form (Attachment 9). The CVRPD will be responsible for checking to ensure that gardeners have locked the facilities each night. 29 04/03/2002 NTRACT NO. C19920 ATTACHMENT "N" CVRPD OFFICE AT THE PALM DESERT CIVIC CENTER PARK The CVRPD has established The Palm Desert Community Recreation Center at the Palm Desert Civic Center Park. The CVRPD shall be responsible for the administration, registration, and issuance of Desert Willow Residence Cards and collection of appropriate user fees, and the administration, registration, issuance of the Palm Desert Skate Board Parks User Registration Cards and for collection of appropriate user fees from this facility. 30 04/03/2002 NTRACT NO. C19920 ATTACHMENT "O" HOMME ADAMS PARK The City has approved plans to allow the construction of a 27-acre park with a parking lot, restrooms, picnic areas, and multi-use trails at 72-500 Thrush Road. When final plans are approved, the City and CVRPD shall meet and agree on the distribution of responsibilities and such agreement shall be made an addendum to this agreement. 31 04/03a002 NTRACT NO. C19920 ATTACHMENT "P" • FREEDOM PARK The City is in the design phase for the construction of a 34.5-acre park on Country Club Drive approximately 1/2 mile west of Washington Street with a parking lot, restrooms, picnic areas, baseball fields, soccer fields,tot lot, basketball courts,tennis courts,volleyball courts and other related facilities. When final plans are approved, the City and CVRPD shall meet and agree on the distribution of responsibilities and such agreement shall be made an addendum to this agreement. 32 04/03/2002 y.y""1•c(Yi Ya•O • "•;;. ,V-"1-OI n, �:, ./R_, k2 S vfZ' u ,c2�3 ieLitt �'i§ �.u,.. ° tt5� h wf! Y 1 ra '04:-.:Lt:fir3.-14;Hi -•:-.'t.:!':''2":‘.'1'," .674 '..-0 , - :-...CO t„.--. . ' 1 = 7.' v\a b +L ' Yii fP J f. I' 2 ...4.40.1.C.....15 1'• t r+„u . v. 'm.T [ Fc i z s 'r air, c a c Ya F E` 'x'",tt� fi }v I g 2: a .� 5 €R�. .i ft �� 5 1. it p . 7- Cj '. d S 4` C IIjr rr+" 4 4; y Q pia t YV - a,lY e i_ s s r _ o $ 2 .�rY 4 c i sic if a ar gallL ry. i i In Ita r;3 rtisr = ems , S i1. a I ` r(" h ' V 6� ` S u 4i ; F I _ �C j I . Lr , I = 1 _ hi \(:\ . I d cia40,1 ea a /P f€ i• - sT}a �'� s ` 1 ;y� z $ a f: aigli : Y r y4 ;j xi zr, C s'yp�,, 1 1 l Y. $ • ait qg f l 1 Yr : .'} . r .'€ .46613 'ON .1O`dt11V0a CONTRACT NO. C1992° Palm Desert Civi.: Ccnier -lark Reservation Application: Accepted no later than 30 days and no earlier than 120 days prior to request date. Fees: • Administration fee and reservation fee due at time of application. • Cleaning deposit and other fees due upon issuing permit;:no later than 7 days prier to scheduled request date. ` • Balance of cleaning deposit shall be refunded within fifteen days after event. •All collected fees and deposits, except administration-fee, shall be refunded upon receipt of a written notification of cancellation and received one day(24 hours) .. prior to the permitted event and no public funds were expended. Notification shall be made to: :. . Director,DPW/Park Reservation Palm Desert Community Center 43-900,San Pablo Avenue paint Desert, CA 92260 . . All theAi collecterector:d fees and deposits, will be refunded if the application;for use is'denied by Rules: All park users agree tb abide by the rues and provisions outlinediin the Palm Desert Municipal Code Chapter 11.01. Special attention should be made to the following; y • No alcohol in park No vehicles allowed in-park - - •:No swimming or fishing in lagoon •No amplified sound without.special permit •Park:curfew is 11:00 p.m. Applicants shall be held responsible to see that all park rules are enforced. - • The undersigned has been provided a copy of the__Municipal-Code-for-review-prior to -suliittittin-an apphcat for use of facilities. Facility User: - Print Name Authorized CVRPD Signature Signature Date ;Ark CT NO. C1997r' ® ® AB Attachment®$ P "j .,(i ICI CITY OF PALM DESERT CIVIC 9mM7�D�yESER pp® pp��,,{{ s PALM DESERT COMMUNITY CENft Tr510 Frod Wam9 Ddw 6v�Y�kl CENTER PARK a + A-9WSanPablo t•� r ' Palm C®aalA CA 872a0 a Tat (619)348.0611 IS Tot 619)5,CA 97 +s` r TM: (819)56�9697 Diandell APPLICATION FOR USE OF FACILITIES &SPECIAL EVENTS ORGANIZATION/GROUP PHONE n. ADDRESS PERSON(SI IN CHARGE-- . . .. a DATE OF USE START(a.malfi) RWSN(a.mry.m.) SIZE OF GROUP O. ADMISSION FEES CHARGED? CONTRIBUTIONS SOLIC17E07 TYPE OF EVENT ,YES/NO YES/NO . . .. _. • ,PUBLIC/PRIVATE w col . Q cc: LOCATION please indicate facility mural* _. PAVILLION BALLFiE3D BASKETBALL CT. TENNIS Cf. .VOLLEYBALL CT.. . ... .. . AMPHITHE• ATER G NO. NO. NO. ' NO.... . .. 111D.. .. .. .. :.. . .. . .. . U DESCRIPTION OF ACTIVITY ...._ . . .._ .. . _ . a a Q This application whenfilled out,a ved,and signedt ' ' '- ; PP properly ppro by theCrty Manager or his adtlwriiad representative becomes a permit to use the facilities described for the times and purposes herein setforth.The applieaot agrees•to abide by theterrs:-rules and regulations of this permit as set forth on the attached sheet and other regulations of the CVR&PD and the City of Palm Desert established for the use of these - • premises and to pay such fees as may be required. _ .- -. .. . . . .. ... I.the undersigned,in consideration of the use of the above noted premises;heraiy agree to abide by aid SOS all the rifles amid regulation pertaining to the use of the facilities requested,and to save and-hold harrtdess and idkthnity the Coachella Valleyikecieatidn.and Park District; ' and the City of Palm Desert and its representatives from any and'all claims of liability resulting from'use of such facilities.while under my organization's jurisdiction. I further agree that I will be personally responsible in case of damage to aaypikof the facilityibeing used by me oe the organization I-represent: We will pay for repairs or replacement of any item damaged during usage•of Said facility','and will'provde all necessary'labor or cost to-return' the facilities to a clean and orderly condition. - -- - - - - • • Signature ot Applicant ..... .. ........._._ ... ..._..... _.. .. ... _.Dar?`: ....._. ...-- - CERTIFICAte OF INSURANCE RESERVATION S - YES/.NO___......:__..._. ._ R .-... .. S .. _ ADMINISTRATION COMMENTS 'L GHTS . AMPLIFIED SOUND ' . BASES OTI4ER FEES FIELD PREPARATION SUB-TOTAL S ... .- _ . . SCOREBOARD _. .. t1.( OTHER FEES LL a - :_NG-DEP_OSCL--__ ------- _DATE PAYMENTREGO: ------- OER0S2__.__.--- -_-- -- -- - ---. .. RECEIPT NO. ' . TOTAL S CASH CHECK NO TOTAL DEPOSIT FORFEIT FEES FACILITY DAMAGE(Coat of Wad PARK LEFT DIRTY WI TRASH A DEBRIS $30.80AHOUR • DIRECTOR OF PUBLIC WORKS CITY MANAGER -A j PARKS SUPERVISOR SPECIAL EVENTS COORDINATOR O' . CC Q CONDITIONS DATE APPROVED WHITE-City of Palm Desert YELLOW-CVR a PO PINK-APolar CONTRACT NO. C19pn Attachent 3 CIVIC CENTER PARK FEES Reservation Fee $80.00/day P.D. resident $130/day-non-resident Administration Fee $20.00/amenity Cleaning Deposit* $100.00/group/amenity-(Cash Only) *indicates refundable deposit Fees: * Administration fee and reservation fee due anima of application: * Cleaning deposit and other fees due upon issuing_permit,..Relater-Wad 7:days;prior to scheduled request date, * Balance'of cleaning deposit shall be refunded:rithin.fifteertdays after.event.:. , * All collected fees and deposits, except administration:.fee; shall=be.refunded,upon-.. • receipt of.a written notification of cancellation and:received on&day..(24 hours) prior do thit perinittedr event and no public funds wera ex$ended:: All collected fees and deposits, will be refunded if thaaaPPliOation.foruseis!denied by-the Director. RESERVATION GUIDELINES The City and C.V. Recreation may reserve: 3 picnic pavilions (5 available) 2 basketball outdoor full courts (3 available) .: 2 volleyball courts (4 available) • 2 tennis courts (6 available) 2 balifields (4 available) The remainder of the park is available on a first-come, first-served basis. CONTRACT NO. C19920 Attachment 4 _r COACHELLA VALLEY RECREATION & PARK DISTRICT 4S•871 Clinton St. Indio,CA 92201 -Phone(760)347.3080 Fax(760)34'7-4660 APPLICATION FOR USE OF DISTRICT FACILITIES This application.when properly tilled out.approved and signed by the District Manager or his authorized representative becomes a permit to use the facilities described for the[lint(s)and purpose herein set forth. The applicant agrees to abide by the terms,rules and regulations of this permit set forth on the attachedpages and other regulations of the CVRPD established for the use of these premises and io pay such fees as maybe required. Building/Park/Field Location .. .. , -. _ .. • : Date Required • Purpose or T Times..From:rP YpeofMeeting Will the be a Dane? Yes/No Will the kitchen be needed? Yes/N ()pewits the Public? Yes/ lo. . Will Alcoholic Beverages be served? Yes/No If yes-r'VRPD Ito ard nI bi •t 're e p a)is e m -) • • • ACREEMENT I.the.updersigned,in consideration of the use of the above noted nse the rules and regulations pertaining to the use of the facilities requested.es�_ save a i. d ojdth�cs,andand ndmni a all• . Coachella Valley Recreation and Park District and its representativ r' h myfrottjt use.d'Fsdthf*N',d'tties.whileundero m y.'- :- itnsgt'. i the rganizatiori's jurisdiction. ' � �tYiesulting: " ; I funkier understand that I will be personally responsible in case of datna e to,any part of the facility.being used or the organization I represent We will pay For repairs or repIacen;Of any(td :s, ,_ • .,facility,and'wiR Erovideoli:necessary labor or cost unction the Faciliry`th-u clean and'orderTy coailit(on. k1'me jrt(�damaged dtu(ng usage of said APPLICANT Organizasiont. . . _ . .. . elaidtiing noh_prolit'status please provide proof along with Tax (b nutsitier - _ . _ Non Profis,'Yes(No pddrc§si Cit • Telephone: Home: Y: - ..... 'Sta-Ee:'_Zi..• .. _.-.. - Head Person: . . . ' . •--gar: '- ' CiaachL)la Vallry((erreatioA&Park District Discount Card#: . ':.,Tgt: --" - - -••- - ._.._._.-- _......_ . Signature of Applicant: . . . • .. Responsible Patty - -` '- -- Do Not Write Below This Line - Fees: "' . Rental.— Hours x= Certificate of insurance `_ Fees: Equipment: Lights. - - Staff' Hauts x= Yes/No Gghti' Other Fees: Comments: ''`B3ses _ . - � Deposit: _ eld Prep; Key: $ •-. Picnic Rental Total: $ Building $ Other: Rental Payment Received Date: Total: •$ " . - Tdtak'$- - Deposit Payment Received Date: Receipt IS: --�`_ - - Receipt it ``-- Application Completed by: Approved,by; -- Don Martin,Central Manager - • Forfeit Fees: ' ' Alcohol found on premise W¢g ur Park Arta emi left dirty with trash and debns .-5-a75.00 Pinhage or tape ony the walls S 175.00 Tables.Intl Chairs not properly put away _5130.0 Buildingumage to Facility Tram not removed!rum building 5100.00 - 5275.00 " kit unsecured._..... ........S150.00 sldono CONTRACT NO. C1992n COACE LA VALLEY RECREATION AN PARK DISTRICT 4S-871 Clinton St. Indio,CA 92201-Phone(760)347-3484 Fax(760)347-4660 DEPOSIT RULES FOR RENTALS I.) Renters must have the room cleaned within the rental time. This means that the function must end an hour to a half an hour before the time that the room/building is to be vacated. 2.) All events must end by 12:00 a.m. (midnight). 3-) Facility must be-Cleaned so that it is in the same condition that it was found before the - event, . 4.) Center user must sign off on cleaning check sheet with CVRPD employee on duty, in order for a refund to be processed. 5.) There are charges for any damage done to.the facility,'please review them On the bottom of your contract. 6•) ALCOHOL is not allowed on any of the District premises, (i.e. Centers, parking lots,'' parks.restrooms, ballfields,etc.) If an y idol is found, the function wilt not be allowed' to continue and the cleaning deposit is forfeited. 7.) The building must not be left unattended/unsecured for any period of time. ( 8•) In the event that you must cancel,you must notify the'CVRPD'in wnhng'thirty'(30) days prior to the-rental dare in order to receive a refund on any monies paid." y Print Name . . Signature Date CONTRACT NO. C1992n COACH LA VALLEY RECREATION Art ?ARK DISTRICT 45-87I t-onion St. Indio,CA 92201 -Phone(760)347-3484 Fax(760)347.4660 FACILITY USE RULES I Facility Users agree to abide by the following rules: • All fees must be paid two weeks prior to the rental date. • No alcohol allowed on the premises. • No uninvited guests. • No destruction of CVRPD's property. • Building must be left cleaned and free of refuse. • • • User must supply their own cleaning supplies(le: mop,broom, bucket) • Building must be cleaned immediately, and ready for next user. • All equipment must be returned to its proper place. • CVRPD property is not to be removed from the premises. • All doors and windows locked securely at conclusion of activity. • Two security guards required for all receptions and parties after 6:00 p.m. • Security will have access to entire rented area. • •• Security company contracted for your event must have a current business license in the city • for which it is contracted in. • • 'Guests are not ally ed to traffic in and out of the facility. • Applicants must provide proof,upon request,that they are at least'18 years of age. • CVRPD reserves the right to cancel any scheduled event without prior notice: • • 'Applicants skull be held'responsible to see that all of the above rules are strictly enforced. The undersigned has read and fully understands and agrees to follow the Coachella Valley Recreation and Park District's Facility Use Rules. • • The undersigned understands as facility user, in addition to paying for all damages to the premises•and • facility:may.forfeit tl!.pr part of the deposit should any of the above rifles be viblated:`the applicant • understands.that no refund.o t e de osit will be iven without a thin 36 di -written-notification due tip user cancellation. The undersigned understands that the deposit will be returned within two working weeks after the event, provided there is no damage to the facility,and no rules violated. • Facility User: Print Name - - • • Signature ' ate Authorized C.VKYU Signature ae cONTRACT N ua it, . n LA VALLEY RECREATION Al' ?AMC DISTRICT 45•87I ..anton St. Indio,CA 92201-Phone(760)347.3484 Fax(760)347.4660 WAIVER AND RELEASE OF LIABILITY AGREEMENT TO INDEMNIFY DISTRICT The undersigned hereby acknowledges that[he/she/it)has agreed to rent from the Coachella Valley Recreation and Park District[CVRPD) the following: In connection herewith,the undersigned hereby releases the CVRPD, its present and future directors, officers,employees,agents and representatives from any and all claims,costs,expenses,demands,debts, controversies,damages and causes of action, which the undersigned may now have or may hereafter have by reason the use and/or rental of the Property. • The undersigned further agrees to indemnify and hold harmless CVRPD from any claims,cost expenses, demands,debts,controversies,damages and cause of action of any third party arising from the use and or rental of the Property during the time period the Property is rented to the undersigned. • The undersigned further agrees.to waive any and all rights provided by Section 1542 of California Civil Code which provides: "A general release does not extend to claims which the creditor does not know or • suspect to exist in favor at the time executing the Release which;if known by him,must have materially' affected his settlement with the Debtor." THE UNDERSIGNED HAS CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTANDS ITS CONTENTS. THE UNDERSIGNED IS AWARE THAT THIS IS A RELEASE OF LIABILITY • BETWEEN THE UNDERSIGNED AND CVRPD AND/OR ITS AFFILIATES AND.ORGANIZATIONS AND:SIGNS IT OF HIS/HER/ITS FREE WILL. ( Executed day of • 19. ,California. a. Print Name Signature Authorized CVRPD Signature CONTRACT NO, C1992 COACHELLA VALLEY RECREATION AND PARK DISTRICT 4S•871 Clinton St. Indio,CA 92201-Phone(760)347.3484 Fax(760)347-4660 STAFF CHECKLIST FOR FACILITY RENTALS Date: Hours required by staff to clean facility: • Users In(Time): Users Out(Time): Staff Member In(Time): Staff Member Out(Time): Comments: a Deposit returned: Yes/No (If no,please explain) Supplies needed for restocking: COM' ' CuEO, CWW Pali COACHELLA VALLEY RECREATION & PARK DISTRICT FACILITY RENTAL INFORMATION I. All reservations must be made at least two(2)weeks prior to the reservation date. 2. At the time the reservation is being submitted,$275.00(cash)cleaning deposit must be paid. 3. All balances must be paid two(2) weeks prior to the reservation date. • 4. If at any time the reservation takes place after 6:00 p.m. the persons)reserving the facility must • contract to have two(2)security guards present. 5. Currently'the only two security companies allowed to perform services at CVRPD facilities are fil Tek Security 760-251-1579 and Executive One Security Services 760-347-9100. .. 6. Tables and.chairs are provided as a courtesy.. Tables and chairs are ngt always available so check • Oti availability. In the event tables and chairs are noavailatile or We do not have enough to coverr': your needs,you will need to make other arrangements to cover Your'needs. "' . ' 7. Cancellations must be submitted in writing thirty(30)days prior to the reservation date in order to' ' :receive a'refund on the cleaning deposit. • 8. Provided there was no damage to the facility and all rules were followed, the average time to receive your deposit refund check is about two weeks. PALM DESERT COMMUNITY CENTER . . . Community Rboiri _ Capacity: 300 Tables: 29 Small /4 Large . .Chairs:. 282.. . (Gray Padded 220/Plastic 62) __ LA QUINTA COMMUNITY CENTER . ulti-Purpose Room Capacity: 115 e Tables: 12 • Chairs: 99 THOUSAND PALMS COMMUNITY CENTER Multi-Purpose Room Capacity: 250 Tables: 22 Chairs: 127 • Cc• ITRACT MO. Cl S 4I� 0 ZIla Valley ' ecreation & I .rlc Distract cilltaes Rental Information - INDIO COMMUNITY CENTER THOUSAND PALMS COMMUNITY CENTER Multi-Purpose Room • • Capacity: 150 People Multi-Purpose Room Tables: 22 Capacity: 250 Chairs: 268 Tables: 22 • (gray Padded 138/Blue Folding Chairs: 127 _ , Chairs.130) PALM DESERT COMMUNITY CENTER MECCA COMb1UNITY•CENTER • Community Room Multi-Purpose Room Capacity: 300 Capacity: 200 Tables: 29 Small/4 Large Tables: 12 Chairs: 282 Chairs: lOQ (Gray Padded 220/Plastic 62) • • `-- LA.°UINTA COMMUNITY CENTER **If additional tables and chairs are needed for afunction, it is Hie renter's Multi-Purpose Room responsibility to obtain them. Capacity: 115 Tables: 12 Chairs: 99 COACHELLA COMMUNITY CENTER Multi-Purpose Room • Capacity: 200 Tables: 22 Chairs: 135 t r COMTrACT HO. Cfl 261 COACHELLA VALLEY RECREATION AND PARK DISTRICT 4S-87l Clinton St. Indio,CA 92201 -Phone(760)347-3484 Fax(760)347-4660 FACILITY USER/STAFF CHECKLIST Facility: Date: Group: Arrival Time: Pre-Use Inspection: Building is O. K. • Representative's Signature • Pre-Use Comments: • • Checklist: Who did what? (Put a check mark in the appropriate area.) • CVRPD GROUP I. Set-up of the Facility r 2. Clean-up of the Facility: a.•Sw.eep the floors b. Tables: wipe,clean and put away c. Chairs: wipe,clean and put away • d. Spot mop the floor e. Empty trash cans into dumpster f. Restrooms' trash to dumpster g. Pick up trash on grounds including: parking lot, walkways and patios h. Kitchen: clean counters and appliances I. Remove string,tape and covers from walls,chairs and tables Post-Use Inspection: Departure Time: • • CVRPD Staff Representative's Signature Post-Use Comments: CONTRACT NO. C19920 COACHELLA VALLEY RECREATION AND PARK DISTRICT 45.871 Clinton St. Indio,CA 92201-Phone(760)347-3484 Fax(760)347.4660 STAFF CHECKLIST FOR FACILITY RENTALS I Date: Hours required by staff to clean facility: Users In(Time): Users Out(Time): Staff Member In(Time): Staff Member Out(Time): Comments: Deposit returned: Yes/No (If no,please explain) Supplies needed for restocking: 479,u,chcall.Maginlef It a COMM A CT Mt. C1997 PORT*LA COSititiNETY 45 1:0 Portoia Avenue, Palm Desert,CA 92260 (760)568-25604760)5684679 fax -75wertreall Organization/Grou• _ Organization's Organization's Addres Addres • Name of Organization's Leadet_______ Org. Leaders Phone(11 : Address of Organization's Leader Organization's IRS Tax Filing Status: Number of Organization's Members: • Number of Members/Clients with Palm Desert Addresses' Approx Number of Members Expected to Attend Community Center Per Reservation: Brief Summary of Organization's Philosophy:___ Purpose of Meetin • Date(s)&Time(s)Requested for Reservation(s): Room(s)Needed for Any Specifications(Set-ups)Needed for(Meeting: • . . . . AGREEMENT This application when properly filled out, apProved, and signed by the City Manager or his authorized representative becomes a permit to use the facility for the times and purposes herein set forth. The applicant agrees to abide by the terms, rules and regulations-of this Permit as set forth:on the attached sheet,by the CVRPD and the City of Palm Desert for use of the premises and la pay-sucti feesei may be required. •• . . I,the undersigned,in consideration of the use of the above'noted`Pierriltes,hereby agree to abide by and enforce all the rules and regulations pertaining to the use of the facility reOtiested, Ind to save and hold harmless and indemnify the Coachella Valley Recreation and Park District;.the tor!Palm Desert and its representatives from any and all claims of liability resulting from use of such facilities while under --- the organization's jurisdiction. I, further agree that the organization I represent will be responsible in case of damage to any part of the facility being used. The organization will pay for repairs at replacement of any items damaged during usage of said facility, and will provide all necessary labor or cost to return the facility to.a clean and orderly condition. Signature of Applicant Date . . . . (FOR DISTRICT PURPOSES ONLY,IF APPLICABLE) Eggs: DEPOSITS: Reservation: Hours x$ = $ Cleaning: $ Other fees: = $ Key Fees Iola' $ Deposits Total $ Reanimation Payment Received: Date Receipt P: Deposit Payment Received: Date At Receipt Application Approved By: Date Approved: C* Tr CT Ms. C1999n h PORT:LA COMMUNITY CENTER 45 4f l Panora Avenue,Patin Desert, CA 92260 (760) -2580/ 60 5u-8570 FAX 1,4:4=',_.1 _ 1. A reservation calendar for use of the Community Rooms will be developed every six months. 2. Applications for reservations shall be accepted no later than (30)thirty days and no earlier than (180) one-hundred-eighty days prior to request date. 3. Exceptions will be made by the Director of the Coachella Valley Recreation and Park District, and appeals will be made to the City Manager. - 4. There will be a cleaning deposit for parties or social functions—$1.00 per attendee. It is refundable. 5. Poitofa Cerrimunity Center is a non-smoking facility is y 9 pursuant to California State Law. Smoking permitted outdoor patio only. 8. No alcoholic beverages are permitted on the facility property. For spatiar events,the City Co-Untif.or_City Manager grant special periniasion peg _!action S,$5.040 Palm Desert • Municipal Code. a 7• No,narcotics shall be permitted in the. fighting orgambling be allowed. Violation of his rule bi, ny o an zation during occ tOrbfane panccy ling, shall bE sufficient cause.forden 'n Y a thi it ._.g_. denying further use of the Coriihun:organization. rtY Centers facility to the • 8. Programs offered in and during the use of the Community Centel shall not contain any matter which Might-tend to cause a breach of the"peace and wftith.4Anstitutes;subversive doctrine, __ seditious'utterances, and which agitate changes in our form Of govemmeiiCorSocial order by violence or unlawful methods- 9. Juvenile organizations shall have adequate supervisiyp When using:tho-Community Center at a • ratio of not less than (1)one adult per twenty minors..DIsregatii of this•rule§hall be considered "Cause`for immediate cancellation of future Center Facilities User.Permis 10:• No preparation of any kind shall be used on floors,walls,etc..by.groups Using the facility for any ___ `reason . . .. 11. Operational hours are 8:00 a.m. to 8:30 p.m.,.Monday through Friday,excepting City observed holidays which are as follows:. New Years Day+ 1/2 day on New Years'Eve, Martin Luther King, Jr a•8ifttiday 'President's Day, Memorial..Day, lndependence.bay,.Labor Day.Veterans Day, ChastmasingEv Day+ Friday following Thanksgiving Day, and Christmas bay+ 1/2 day on 12. Applicant(s) shall notgrant the use of the facilities to any third.party.. 13. Applicant(s)shall not charge any fees for third party use of the facilities. 14. Only with the written permission from the City of Palm Desert, can the applicant(s) charge any admission fees for use of the facility. 15. Any meeting scheduled that is canceled for any reason requires a two(2)week cancellation notice to the receptionist allowing the receptionist the flexibility to schedule any other group meeting in its place. • 16. Due to severe parking conditions at the Community Center on Sundays, no public meetings shall be scheduled for that day. 17. Public meetings shall conclude no later than 10:00 p.m. on all days. COf T CT NO. C1lWWi" 98. A Facility Use Fee of$13.00 per hour(two hour minimum charge)shall be required for sch uling any meetings after 8:30 p.m. Wionday through Friday, or Saturday between the hours of 8:00 a.m.to 10:00 p.m. Payment of the Facility Use Fee must be made at least(2)two weeks in advance of the meeting date and made payable to the Building's Facility Manager. 19. The City of Palm Desert and CVRPD may revoke a reservation or reservations at its discretion. 20. All useis of facility shall be responsible for clean up after each meeting. If the facility is not cleaned up after use, the cleaning deposit shall be forfeited or prohibit from further use of facility. Applicants shall be held responsible to see that all the rules listed above are strictly enforced. The undersigned has read and fully understands and agrees to follow the City of Palm Desert and Coachella.. Valley Recreation 8 Park District's Facility Use Rules. The undersigned understands as facility user, in addition to paying for all damages to premises and facility, there may be a forfeiture of all or part of the cleaning deposit should any of the rules listed.above become violated. The applicant understands that no refund cm rental fees will be given`without a two(2) week written notification due to user cancellation. The undersigned understands that the deposit will be retumedtwo weeks after the event, if none of the rules have been violated. . .. .... .... 1,the undersigned,acknowledge that I have re ad all thePortola Community Center and I will abide and enforce with my Wed nizationve ntthe rues set forth by the the City of Palm Desert and the Coachella Valley Recreation and ark District. Print Name(Representative of A pplicant) ., .. . !9nat4Sa Date . COT-ACT Ns C 99 Attachment 7 •ORTOLA CO UNITY I CENTER O E • TIONAL GUIDELINES 1. Portals Community Center tenants 2. Public Entity/501 C 3 Not-for-Profit Palm Desert based groups serving youth 3. Public Entity/501 C 3 Not-for-Profit Palm Desert based groups serving all ages 4. Public Entity/501 C 3 Not-for-profit community groups with Palm Desert residents participating 5. Community groups based in Palm Desert serving youth 5. Community groups based in Palm Desert serving all ages 7. Community groups having Palm Desert residents participating (- ANT CT N•, Cal sp2o tb•chf%lent • Maintenance and security guideihres for PalBER Dmert Gardens P � 1. Use of the t f re I will be g daylight yh hours only. No overnight use will be allowed. 2. Gardens are for the sole use of the "a. erg.Plots may not be transferred ".Tout permission. It is responsibility of the Gardener to inform any family members or guests of the rules of the garden. A gardener may not divide his plot and allow another person to use a portion without permission from the garden manager, 3. No trees or illegal plants may be planted.No , • , structures are to be built or placed without written authorization from the Garden-Manager. 4. The gardener must keep his/her plot and adjacent pathways cleared of weeds and trash. Compost must be put in compost bins. 5.Gardeners will use a dribs irrigation system whenever possible in order to conserve water. 6.After each growing season or after termination of use of the plot,the Gardener must clear and clean up his own plot within five days. All old plantmaterial•will be properly composted. 7.Failure to maintain and harvest in a timely will result in forfeiture of the plot without a refund of annual fees. No produce will be allowed to go to waste.=ffpreduce is left, it will be harvested at the Gardens discretion. 8. The gardener shall not burn any debris, vegetation or weeds in this Garden or on any property adjacent thereto; nor shall he/she store,or maintain Upon the property any flammable, combustible or hazardous materials. 9. The gardener shall not shade nearby plots, till into the walkways, or flood walkways. 10. No chemical fertilizer or any insecticide products except those provided or approved by the Garden manager are to be used. Please see message board for'approved products. 11. No pets of any kind are allowed in the garden. Health and Safety 1. A tetanus-booster shot within the last eight years is required for all gardeners and their children. 2. Please =tie"the garden coordinator immediately if you become aware of an unsafe situation or condition. If appropriate 911. 3. Smoking is not permitted in the garden. 4. Gardeners shall not use, consume or be under the influence of any alcoholic beverages or drugs while on the premises. 5. If the Gardener, family member of the Gardener or guest of the Gardener is found vandalizing, littering, stealing or trespassing, the Gardener will immediately forfeit use of his/her plot without a refund of annual fees. 6. Please be sure garden is securely locked after use. City of Pal, -Desert rfl T ACT M s. Ora 2 Palm Dam/ComnL y Garden Registration Application any Renewal Foruru Release, Hold Ha less, and Agreement: This application when properly filled out, approved and signed by an authorized City Representative becomes a permit to use the facility described for the time and purpose assigned by the City of Palm Desert. The applicant agrees to abide'by the rules and regulations of this permit as set forth in the Rules and Regulations forrthe City of Palm Desert Community Gardens, and other regulations of the City of Palm besert established for the use of these premises and to pay the required fees. I hereby release, discharge and agree not to sue the-City of Palm Desert or the Portola Community Center for any injury, death, or damage to or loss'of personal property _ arising out of, or in connection with, my participation in or use of the facilities for; • whatever cause, including the active or passive,negligence oftha City; the Community Gardens or any other participants or use of the facilities. In consideration for being permitted to use the Community Gardens, lihereby agree, for myself, my heirs, administrators, executors, and'assigns;,that I silall'inde'mnify and hold harmless the City of Palm Desert and the Community Gardens`from ,any and:all claims, demands, actions, or suits arising out of or in connection with my use and participation in the use of the facilities. I have carefully read this releases, hold harmless, and agreement hot to sue,the City of Palm Desert or the Community Gardens, its employees, officers officials; agents, and s a full fully understand its contents. I am aware that it ill release of.all liability and sign it i on my own freewill. • Applicant's Name (Print): Applicant's Signature • Date 2 Att. c, t 9 r'•NIT CT M*. CWWS2© CITY OF PAL DESERT PAL DESERT CO U I GARDEN REGISTRATIONAPPLICATION AND = ENE • L FORM GARDEN SEASON SEPTEMBERJAUGUST FY2001/02 Name: Name: Street Address: Street Addressc City, State, Zip: Phone No: Phone No: Email Address: • Email Address: * * ar * - * * *.* + *.+ ,. * * * * * * * *.* , * .* * * * :-*:* * * * * *•*"* * •* * * * *.* * ....... OFFICE USE ONLY .. Renewal Registration: ❑ I New Registrations ❑ . Are You Sharing'a Garden Plot: .Yes : - . ::: " ❑ ❑: No Garden Location: ❑ 8arita4Rosa=0 San Nicholas .. 0 Catalina ❑ Guadalupe Assigned Plot No(s): No: Cost: Plot Size(s) and Fees: 4`x 8' Bed $30.00 4' x10' Bed $ 35.00 4' x12' Bed $ 40.00 4' x 14' Bed $ 45.00 Total Fees Due: - Garden Membership includes participation in the Palm Desert Community Gardens program, use of the assigned garden plot that includes the use of on-site utilities and other garden amenities, quarterly article in the City's BrightSide Newsletter, monthly garden meetings, low cost garden classes, and other programs, projects, and events planned and scheduled throughout the year. j t N C -o Q �. .. a Oi f6 a) N •= N w 4- o. Q vj p2 N 0 0 0 O 2 a 0 CV .3 to- v C 'O L C =`, C .II 4 co w o U 2 A' '— N. 'CO O) V) N O ril- Q > a E.... > N m O 111 t u) .0 N O _ C VJ , ... r_, U L N V >+ C CAN 0) O O 'O a Sc a)) -irt .N _ CO- C C -a. E 'O 14-- C 7 O O O L - . CQ c N a) = N CV a) -O . i .�, O O 0 a � f6 = C CQ E - O -c ' 2. .N., d). A - C g Z CD E r '• a to CV a CV) a) Ni N 2O" . - CC) . . .. CD,c . . N CD w Ain8 a) -4 d v= iip ttactim t 11 re) T,r;CT MO. C1s92o PALM DESERT S TE P y N K D 1' INSPECTION l:PORT Date: Time: Inspected by: Weather Conditions: 1. Skate Park: (Inspect for chipping, holes or other surface or rail wear that may impair skating) A. Street Course ❑ B. Bowls ❑ C. Seat walls/walkway ❑ . D. Lights ❑ 2. Shade Area/Park Exterior: . . A. Benches ❑ B. Concrete ❑ C. Lights ❑ D. Shade Cover. ❑ E. Fencing/landscaping ❑ Note: inspect the lights for the shade area and skate area for vandalism or other obvious signs of wear (exposed wires, etc). Evening supervisor to inspect for light outages. Comments: If any of the above items require immediate action, notify City as soon as possible and forward inspection report to City representative. (Ver1.1) Attaei eat 12 COMPACT NO Cfl192 i Coachella Valley Recreation and Park i ist ict City of Palm Desert—Park Incident Report Form ,.4 Park Patroller's Name: Date Submitted: rs Date of Incident: Time of Incident: Incident Description: fyfe Ott 4 h,i. x [1' 4)3 ry Action Taken: ;i. `nn Yt 1. Fi vN< :4 ra C.V.R.P.D. Employee Signature: i" : 3 �i ' tb Attention : Jeff Winkle leck Phone: (760)346-0611 Fax: (760)341-7098 Confirmation Receipt -- Please return completed form by facsimile to the Palm Desert Community ;;',70 Center and Gymnasium confirming receipt ofPark Incident Report. `0` Y S P P 4 9Wt b k Date Received: Date Confirmed: i4 `,' r sw; City Employee Signature: .` Attention: Linda Vassalli, Recreation Coordinator Phone: (760)568-9697 Fax: (760) 568-6847 Attachment f 3 CONTRACT Foa C19920 5i ' Coac ella Valley Recreation an 1 ' ark 1flstrict ;t otit City of Palm Desert—Park Maintenance Work Request Form ; Y.' Park Patroller's Name: Date Submitted: Date of Discovery: Time of Discovery: .% t: Maintenance Required: I :4: z} '; - a ' Action Taken: Y,.MSS A. Y. ?'ti C.V.R.P.D. Employee Signature: Attention : Thomas Sassier, Maintenance Services Manager r=1 Phone: (760)340-5776 Fax: (760)773-9025 '' F1 Confirmation Receipt Please return completed form by facsimile to the Palm Desert Community kw Center and Gymnasium confirming receipt of Park Maintenance Work Request. . Date Received: Date Confirmed: f. a : City Employee Signature: is A Attention: Linda Vassalli, Recreation Coordinator Phone: (760)568-9697 Fax: (760) 568-6847 AGREEMENT FOR RECREATIONAL SERVICES This Agreement for Recreational Services ("Agreement") is made and entered into in the City of Palm Desert on this day of , 2008, by and between the City of Palm Desert, a municipal corporation organized and existing under the laws of the State of California, hereinafter referred to as "City", and the Coachella Valley Recreation and Park District, a public agency, hereinafter referred to as "CVRPD". WITNESSETH : WHEREAS, the City owns or leases property that is used for parks, recreational, and community activities identified in Appendix G attached hereto and incorporated by reference ("City Facilities"); WHEREAS, the CVRPD is authorized and is qualified to provide and administer these activities; WHEREAS, the City desires the CVRPD to provide and administer recreational activities and related services that benefit the residents of the City, and WHEREAS, several sports associations provide organized sporting activities for the youth of the City on the City controlled land and land controlled by Desert Sands Unified School District("DSUSD"), NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties agree as follows: 1. Term. The term of this Agreement shall commence upon its execution by both parties, and shall extend through June 30, 2009 ("Term"). The Term shall be automatically extended in one (1) year increments until either party provides written notice to the other party of its desire that the Agreement terminate on its next anniversary date. Either party may terminate this Agreement upon ninety (90) days written notice to the other party. 2. Sections. The following areas of responsibility will be covered in this Agreement and are covered specifically in Appendices A through F. Appendix A: Administration Appendix B: Maintenance Appendix C: Facilities Appendix D: Programs Appendix E: Park Supervision RMBUS\LWADE\300936.3 Appendix F: Priority Use Appendix G: List of Properties Appendix H: Contacts: City and CVRPD Appendix I: Facility Use Agreement Appendix J: City Facility Reservation Application 3. CVRPD Obligations. The CVRPD shall provide recreational and maintenance services at the City Facilities in a manner more particularly described in Appendices A through H. 4. Citv's Obligations. The City shall maintain the City Facilities and shall compensate the CVRPD for the CVRPD services,as more particularly described in Appendices A through H. 5. DSUSD's Obligations. DSUSD owns, and leases to the City, several of the facilities that are the subject of this Agreement. The obligations of DSUSD, with respect to the facilities it owns, and as described in the attachments hereto, shall be the subject of separate agreement(s) between the City and DSUSD. 6. Permits and Approvals. The CVRPD shall not make alterations or modifications to the City Facilities without the prior written consent of the City. In the event that alterations and/or modifications require a building permit pursuant to the City of Palm Desert Municipal Code ("Municipal Code"), the CVRPD shall obtain the appropriate permit from the City prior to commencement of any work. A letter of approval and/or permit shall be on site at all times. 7. Non Discrimination. Recreation programs and services shall be provided in accordance with all local, state, and federal laws and regulations, without discrimination as to protected class. 8. User Fees. A schedule of user fees for the City Facilities covered hereunder ("User Fees") shall be recommended by the CVRPD, consistent with other similar fees paid by the CVRPD, and thereafter, established by the City as set forth in Appendix A. The User Fee schedule shall identify groups that are required to pay administration and/or lighting User Fees and groups that are exempt therefrom in accordance with Appendix F. The CVRPD shall collect the User Fee from applicable users of the City Facilities and deliver said User Fees to the City on a monthly basis. Recommended changes in User Fees for field and shelter/pavilion reservations must be provided to the City's Parks and Recreation Commission for review, and approved by the City Council prior to implementation. The CVRPD's User Fee schedule shall be provided to the City on an annual basis, after adoption by the CVRPD Board of Directors. RMBUS\LWADE\300936.3 2 9. Compensation. [BBK comment: To be completed by the CVRPD and the City once all items are identified.] 10. Personnel. In order to provide the recreation and maintenance services pursuant to this Agreement, the CVRPD shall hire and supervise personnel in accordance with the CVRPD's personnel policy rules and certification requirement. As provided by such rules, all personnel assigned to the City Facilities shall wear appropriate attire as provided by the CVRPD which identifies the individual as a CVRPD employee. The City will provide the CVRPD with a primary staff contact for all services provided by the CVRPD. The City may designate a primary parks/maintenance contact and/or a recreation/program services. The contact numbers referred to in this Section 10 are set forth in Appendix H which shall be updated annually. 11. Emergency. The City and the CVRPD shall provide twenty-four (24) hour emergency service at the City Facilities. The City and the CVRPD shall have a staff member on call and available at all times. The CVRPD shall provide the City with appropriate contact numbers. The contact numbers referred to in this Section 11 are set forth in Appendix H which shall be updated annually. 12. Audit. As permitted by state law, the City reserves the right to perform an audit to determine the accuracy of the CVRPD's City-related monthly revenue and expense reports and youth sports league rosters. The audit or examination of the records may be performed by an individual representative of the City or by an accounting firm retained by the City. The City agrees to pay for the cost of such audit. The CVRPD agrees to provide actual records and daily accounts at the City's request at no cost to the City. The City also reserves the right to perform a program audit of all programs taking place in any and all the City Facilities. The CVRPD agrees to provide the City with program data and any end of activity/program reports completed by the CVRPD. 13. Insurance. Prior to performing any work under this Agreement, the CVRPD, at its sole cost and expense, shall obtain and maintain throughout the entire Term of this Agreement, the insurance coverage specified in this Section 13, with insurers and under forms of insurance satisfactory in all respects to the City. (a) Workers' Compensation. The CVRPD, at the CVRPD's sole cost and expense, shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by the CVRPD, with limits not less than One Million Dollars ($1,000,000.00) in compliance with California law. In the alternative, the CVRPD may rely on a self-insurance program to meet these requirements, so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CVRPD, if a program of self-insurance is provided, shall waive any and all rights of subrogation against the City for loss arising from performance of the work under this Agreement. RMBUS\LWADE\300936.3 3 (b) Commercial General and Automobile Liability. The CVRPD, at the CVRPD's sole cost and expense, shall maintain commercial general and automobile liability insurance throughout the entire Term of this Agreement in an amount not less than One Million Dollars per occurrence ($1,000,000.00) and Three Million Dollars ($3,000,000) aggregate coverage for risks associated with the performance of the work under this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the performance of the work under this Agreement or the general aggregate limit shall be at least twice the required per occurrence coverage limit. Such insurance coverage shall include, but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from performance of the work under this Agreement, including the use of owned and non-owned automobiles. (i) All commercial general liability insurance coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) and Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (any auto). No endorsement shall be attached limiting the coverage. (ii) Each of the following shall be included in the commercial general liability and automobile liability insurance coverage or added as an endorsement to the policy: (1) The parties to be covered as insured as respects each of the following: Liability arising out of activities performed by or on behalf of the CVRPD, including the insured's general supervision of the CVRPD; products and completed operations of the CVRPD; premises owned, occupied or used by the CVRPD; and automobiles owned, leased, hired, or borrowed by the CVRPD. The coverage shall contain no special limitations on the scope of protection afforded any party. (2) The policy must contain a cross liability or severability of interest clause. (3) The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis. (4) An endorsement must state that coverage is primary insurance and that no other insurance carried by any party will be called upon to contribute to a loss under the coverage. (5) Any failure of the CVRPD to comply with reporting provisions of the policy shall not affect coverage provided to the parties. (6) Insurance is to be placed with California-admitted insurers with a Best's Key Rating Guide Financial Strength rating of no less than A and financial size rating of no less than A:VII. RMBUS\LWADE\300936.3 4 (7) Written notice of cancellation or non-renewal of any insurance policy must be received by the City at least thirty (30) days prior to any such change becoming effective. (c) Deductibles and Self-Insured Retentions. The CVRPD shall disclose the self- insured retentions and deductibles for each policy of insurance required by this Agreement before beginning performance of any of the work under this Agreement. During the Term of this Agreement, upon the express, prior written authorization of the City, the CVRPD may increase such deductibles or self-insured retentions with respect to the parties. The City may condition approval of an increase in deductible or self-insured retention levels upon a requirement that the CVRPD procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to the City. (d) Notice of Reduction in Coverage. If any insurance coverage required under this Agreement is reduced, limited, or materially affected in any other manner, the CVRPD shall provide written notice to the City, at the CVRPD's earliest possible opportunity, and in no case later than(5) five days after the CVRPD is notified of the change in coverage. (e) City's Right to Obtain Coverage. In addition to any other remedies the City may have, if the CVRPD fails to provide or maintain any insurance policy or endorsement required by this Agreement, the City may, at its sole option, do any or all of the following: (i) Obtain such insurance coverage, in which event the CVRPD shall reimburse the City for all costs of obtaining and maintaining such insurance coverage, upon demand; (ii) Order the CVRPD to stop performing the work under this Agreement until the CVRPD demonstrates compliance with the insurance requirements of this Agreement; (iii) Terminate this Agreement. (f) Exercise of any of the remedies set forth in Section 13(f) is in addition to other remedies the City may have for the CVRPD's default under this Agreement and is not the exclusive remedy for the CVRPD's failure to maintain insurance or secure appropriate endorsements. 14. Indemnification. The CVRPD shall indemnify, defend, and hold the City, its elected officials, officers, employees and agents (each, an "Indemnitee" and, collectively, the "Indemnitees") harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state or municipal law or ordinance, or other cause in connection with the acts or omissions of the CVRPD, its employees, subcontractors, or agents, or on account of the performance or character of the work, except that such obligation shall not apply to any such claim against an Indemnitee arising out of the sole negligence or willful misconduct of that Indemnitee. It is understood and agreed that the duty of the CVRPD to indemnify and hold harmless the Indemnitees includes the duty to defend the Indemnitees. RMBUS\LWADE\300936.3 5 Within fifteen (15) days following receipt of notice that an Indemnitee has been made a party to an action or proceeding arising out of the CVRPD's acts or omissions under this Agreement, the CVRPD shall provide a defense to each affected Indemnitee in that action or proceeding. In the event the CVRPD fails to provide such a defense to an Indemnitee, the CVRPD shall be liable to the Indemnitee for its attorneys' fees and costs incurred to defend the Indemnitee, beginning with all such expenses incurred on the sixteenth(16th) day following the date of notice of the action or proceeding and request for a defense and continuing until the conclusion of the matter. Acceptance of insurance certificates and endorsements required under this Agreement by the City does not relieve the CVRPD from its indemnification, defense and hold harmless obligations under this Agreement. The CVRPD's indemnification, defense and hold harmless obligations shall apply whether or not any insurance policies shall have been determined to be applicable to any of such obligations, any damages awarded or claims for damages. (a) Strict Liability. The indemnification obligation of the CVRPD shall apply regardless of whether liability without fault or strict liability is imposed or sought to be imposed on one or more of the Indemnitees. The indemnification obligations of the CVRPD shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a claim against an Indemnitee was proximately caused by the sole negligence or willful misconduct of that Indemnitee. In such event, however, the CVRPD's indemnification obligations to all other Indemnitees shall be unaffected. (b) Independent of Insurance Obligations. The CVRPD's indemnification obligations pursuant to this Section 14 shall not be construed or interpreted as in any way restricting, limiting, or modifying the CVRPD's insurance or other obligations under this Agreement and are independent of the CVRPD's insurance and other obligations under this Agreement. The CVRPD's compliance with its insurance obligations and other obligations under this Agreement shall not in any way restrict, limit, or modify the CVRPD's indemnification obligations under this Agreement. (c) Attorneys' Fees. The Indemnitees shall be entitled to recover their reasonable attorneys' fees and actual costs incurred in enforcing the CVRPD's indemnification obligations pursuant to this Section 14. (d) Survival of Indemnification and Defense Obligations. The CVRPD's indemnification and defense obligations pursuant to this Section 14 shall survive the expiration or earlier termination of this Agreement, until all claims against any of the Indemnitees involving any of the indemnified matters are fully, finally, and absolutely and completely barred by the applicable statutes of limitations. (e) Independent Duty to Defend. The CVRPD's duty to defend the Indemnitees is separate and independent of the CVRPD's duty to indemnify the Indemnitees. The duty to defend includes claims for which the Indemnitees may be liable without fault or strictly liable. The duty to defend applies regardless of whether the issues of negligence, liability, fault, default, or other obligation on the part of the CVRPD or the Indemnitees have been determined. The duty to defend applies immediately, regardless of whether the Indemnitees have paid any sums or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the RMBUS\LWADE\300936.3 6 express intention of the CVRPD and the City that the Indemnitees be entitled to obtain summary adjudication or summary judgment regarding the CVRPD's duty to defend the Indemnitees at any stage of any action or proceeding within the scope of this Section 14. 15. Defaults - General. (a) Failure or delay by the CVRPD to perform any term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the CVRPD commences to cure, correct or remedy such default, within thirty (30) calendar days after receipt of written notice from the City specifying such default, and shall diligently and continuously prosecute such cure, correction or remedy to completion (and where any other time limit for the completion of such cure, correction or remedy is specifically set forth in this Agreement, then within said time limit), the CVRPD shall not be deemed to be in default under this Agreement. (b) The City shall give written notice of default to the CVRPD, specifying the default complained of by the City. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. Any thirty (30) day notice specified elsewhere in this Agreement, once given, shall satisfy the requirements of this Section 15 for notice of default. No additional notice shall be required. (c) Any failure or delays by the City in asserting any of its rights and/or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by the City in asserting any of its rights and/or remedies shall not deprive the City of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies. 16. Events of Default. In addition to other acts or omissions of the CVRPD that may legally or equitably constitute a default or breach of this Agreement, the occurrence of any of the following specific events shall constitute an "Event of Default" under this Agreement and shall not be subject to the provisions of Section 15: (a) Any failure of the CVRPD to cure or correct any default following notice and opportunity to cure pursuant to Section 15. (b) Any representation, warranty or disclosure made to the City by the CVRPD regarding this Agreement or the work is materially false or misleading, whether or not such representation or disclosure appears in this Agreement. (c) The CVRPD fails to make any payment or deposit of funds or provide any bond or other security required under this Agreement or in providing the work or to pay any other charge set forth in this Agreement, following ten (10) days' written notice to the CVRPD from the City of such failure. RMBUS\LWADE\300936.3 7 (d) The CVRPD transfers any of its rights or obligations under this Agreement, whether voluntarily, or involuntarily or by operation of law, in violation of the terms and conditions of this Agreement. (e) The CVRPD becomes insolvent or a receiver is appointed to conduct the affairs of the CVRPD under state or federal law. 17. City Remedies. Upon the occurrence of an Event of Default, the City may pursue any remedy available to the City arising from such Event of Default, at law or in equity, or terminate this Agreement or both. All remedies of the City set forth in this Agreement or otherwise available to the City at law or in equity shall be cumulative. 18. Independent Contractor Status. It is expressly understood and agreed by both the City and the CVRPD that the CVRPD is an independent contractor and the CVRPD employees are not employees of the City while performing the work under this Agreement. The CVRPD expressly warrants that it will not represent, at any time or in any manner, that the CVRPD employees are employees or agents of the City. The CVRPD shall have no authority to and shall not incur any debt, obligation or liability on behalf of the City. 19. Amendments. This Agreement may be modified only by a written agreement, approved by both the City and the CVRPD. 20. Notice. All notices or demands of any kind served by either party to this Agreement to the other shall be in writing and shall be personally delivered or mailed by registered or certified mail, return receipt requested addressed as follows: City Clerk General Manager City of Palm Desert Coachella Valle Recreation&Park District 73-510 Fred Waring 45-3050asis Street Drive Palm Desert, CA 92260 Indio, California 92201 21. Litigation Costs. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs in addition to any other relief granted by the court. 22. Authority to Execute Agreement. Both the City and the CVRPD covenant that each individual executing this Agreement on behalf of each party is a person duly authorized. 23. Entire Agreement. This writing constitutes the entire agreement of the parties with respect to the subject matter herein and may not be modified or amended except by an agreement executed by both parties. RMBUS\LWADE\300936.3 8 24. No Waiver. No waiver of any breach of default hereunder will be considered valid unless in writing, and no such waiver will be deemed a waiver of any subsequent breach or default of the same or similar nature. 25. Invalidity. If any provision of this Agreement is invalid or not enforceable, such invalid provision will attach only to such provision and will not in any manner affect or render invalid or unenforceable any other severable provision of this Agreement, and this Agreement will be carried out as if any such invalid or unenforceable provision were not contained herein. 26. Headings. The section headings contained herein are for the purpose of convenience only and are not intended to define or limit the contents of said sections. 27. Severability. Should any part of this Agreement be declared by a final decision of a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either the City or the CVRPD to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the excised portion, can be reasonably interpreted to give effect to the intentions of the City and the CVRPD. 28. Termination. The City may terminate this Agreement immediately for cause upon written notice to the CVRPD. Additionally, the City or the CVRPD may, with or without cause and at any time, terminate this Agreement upon ninety(90) days written notice to the other Party. 29. Counterpart. This Agreement may be executed in one or more counterparts, all of which if taken together will be deemed an original. SIGNATURES ON FOLLOWING PAGE RMBUS\LWADE\300936.3 9 SIGNATURE PAGE TO AGREEMENT FOR RECREATIONAL SERVICES IN WITNESS WHEREOF, the City and the CVRPD have executed this Agreement by and through the signatures of their authorized representatives(s) set forth below: THE CITY: CITY OF PALM DESERT, a municipal corporation organized and existing under the laws of the State of California By: Robert A. Spiegel. Mayor Attest: Rachelle Klausen, City Clerk APPROVED AS TO LEGAL FORM: BEST BEST &KRIEGER LLP By: David Erwin, City Attorney THE CVRPD: COACHELLA VALLEY RECREATION AND PARK DISTRICT, a public agency By: , Board Chair RMBUS\LWADE\300936.3 10 AGREEMENT FOR RECREATIONAL SERVICES APPENDIX A--Administration Communication The CVRPD and the City staff shall engage in the following schedule of face-to-face communications: 1. The CVRPD management shall meet with the City Parks and Recreation Services Manager and Parks Facilities Manager monthly. The focus of these meetings shall be on service review and forward planning to meet identified needs of the City's residents. Other City management and/or elected officials may be included in these meetings as appropriate and as determined by the City. 2. The CVRPD has three (3) operational departments that are each responsible for services delivered in the City. The CVRPD Maintenance, Facilities, and Recreation superintendents shall meet biweekly with the City Parks and Recreation Services Manager and appropriate staff, as determined by the City, to review operations, identify gaps in service and maintain a common knowledge base of activities and events in the City. 3. The City Parks and Recreation Services Manager, or his/her designee, shall meet with the CVRPD's Palm Desert front-line staff on a weekly basis to update, assist in training, and to give and receive feedback on service objectives. 4. The CVRPD staff shall attend the Parks and Recreation Commission meetings in an effort to keep the CVRPD apprised of the City's related business and to solicit feedback and recommendations as appropriate. 5. The City staff shall attend the CVRPD Board of Director's meetings in an effort for the City to stay apprised of the CVRPD related business and to answer any questions relating to activities in the City. 6. The Parks and Recreation Services Manager, or his/her designee, shall participate in the CVRPD Advisory Board. Correspondence The CVRPD and the City shall provide the following regular written correspondence: 1. Provision of all agenda's and corresponding staff reports for all of the CVRPD or the City related items to be heard by the CVRPD Board of Directors, the Parks and Recreation Commission, and the City Council. 2. The CVRPD shall provide the general manager's monthly board updates to the City staff for inclusion in the Parks and Recreation Commission packets. RMBUS\LWADE\300936.3 A-1 3. The CVRPD shall provide written updates for the Parks and Recreation Commission to keep them apprised of current, future and ongoing CVRPD activity in the City. Financial Information: 1. The City reserves the right to perform an audit or examination of the CVRPD financial records. The audit may be performed by an individual representative of the City or by an accounting firm retained by the City. The City agrees to pay for the cost of such audit(s). 2. The CVRPD agrees to provide actual records and daily accounts requested by the City at no cost to the City. 3. The CVRPD shall provide the City with a copy of the CVRPD's annually approved budget, fee schedule, and audit. 4. The CVRPD shall invoice the City monthly for services identified as "billable" in this Agreement. The CVRPD shall deliver all invoices to the City within thirty (30) days of work performed. 5. The User Fees collected on rentals (shelter, pavilion, amphitheater, field, etc.) shall be provided to the City on a monthly basis, and within thirty(30) days of the last day of the month for which the User Fees was collected. This provision regarding payment of User Feed includes back up on fees collected. RMBUS\LWADE\300936.3 A-2 AGREEMENT FOR RECREATIONAL SERVICES APPENDIX B—Maintenance The City shall be responsible for the general maintenance and repair at all the City Facilities that are the subject of the Agreement. The CVRPD shall be responsible for the following specific services at the City Facilities that are subject of this Agreement: Open Parks and Restrooms 1. The CVRPD shall open all parks, restrooms, sports fields, and tennis courts by 7:00 a.m., Monday through Sunday; and close the aforementioned City Facilities at 11:00 p.m. This schedule may be adjusted with the approval of the City Parks and Recreation Services Manager. 2. The CVRPD staff shall notify the City Staff immediately when personal injury, graffiti, property damage or vandalism has occurred at any of the City Facilities. Park Restroom Maintenance 1. The CVRPD shall provide all staff and materials to clean restrooms at all parks and sports field facilities. 2. The CVRPD shall clean and sanitize all toilets, urinals, and sinks. The CVRPD shall clean and stock all paper and liquid soap dispensers and remove any stickers, gum, spider webs, or other material attached to walls or ceilings. 3. The CVRPD shall empty and reline trash receptacles, and hose off floors and surrounding hardscape. 4. The CVRPD shall pressure wash the entire interior of restrooms and surrounding hardscape bi-weekly. A schedule for the pressure washing shall be provided to the City in advance. The CVRPD shall clean all restrooms 10:00 a.m., Monday through Sunday. The restrooms at the following parks shall be a priority and shall be cleaned prior to other City Facilities listed in Appendix G: Civic Center Park (excluding ball fields and skate park), Ironwood Park, Palma Village, Joe Mann Park, Freedom Park, and ball fields when there is a scheduled event or tournament. Pavilion Maintenance The CVRPD shall maintain the pavilions for general use by the public and schedule cleaning as necessary. The CVRPD agrees to clean pavilions prior to scheduled reservations. In addition, the CVRPD shall also provide service as indicated: RMBUS\LWADE\300936.3 B-1 1. The CVRPD staff shall hose off all concrete surfaces where water is available. 2. The CVRPD staff shall wash tables and benches, and remove any tape, rope, strings and balloons. 3. Pavilion maintenance shall be completed every Friday. Skate Park Maintenance 1. The CVRPD staff shall hose off all concrete surfaces where water is available. 2. The CVRPD staff shall wash tables and benches, and remove and dispose of any trash. 3. Skate park maintenance shall be completed weekly. The CVRPD shall provide the City with a schedule for skate park maintenance. Baseball Field Maintenance The CVRPD shall provide staff and equipment to maintain all baseball infields in a safe and playable condition. This maintenance shall include, but not be limited to, dragging and watering all infields on a weekly basis. Any damage to infield irrigation shall be repaired immediately by the CVRPD. Extra Work Pricing Schedule The CVRPD shall provide the CVRPD staff and equipment to perform the following work at the prices indicated below. 1. Pressure wash restroom interior $ 2. Clean a tennis court with a water broom $ 3. Clean a basketball court with a water broom $ 4. Drag and water baseball field infield $ 5. Pressure wash a playground $ 6. Additional labor(per hour) $ RMBUS\LWADE\300936.3 B-2 AGREEMENT FOR RECREATIONAL SERVICES APPENDIX C —Facilities The City owns and/or maintains all parks listed in Appendix G ("City Facilities") for Recreational Services. As stated in the Agreement, the CVRPD and the City agree that the CVRPD shall provide and administer recreational activities and related services that benefit the residents of the City at the City Facilities. The CVRPD shall provide the City with a list of scheduled activities and programs to be held in all of the City Facilities on a monthly basis. Marketing and Promotions If any of the parks or other City Facilities are to be included in marketing or promotional materials of the CVRPD, the City shall be identified as an owner and partner in all said materials. The CVRPD is required to obtain all relevant permits required by the Municipal Code. Any request to waive fees must be submitted in writing to the City Parks and Recreation Services Manager. The request shall be submitted to appropriate the City departments by the Parks and Recreation Services Manager, with a recommendation. RMBUS\LWADE\300936.3 C-1 AGREEMENT FOR RECREATIONAL SERVICES APPENDIX D — Programs Program Information The CVRPD shall provide the City Park and Recreation Services Manager with program information on a quarterly basis (or more frequently if requested by the City), at a mutually agreed upon time period(e.g., September, December, March, June). The CVRPD shall provide the City with the following quarterly information: 1. Name and number of programs offered in the City. 2. Name and number of programs that were held in the City. 3. Participant numbers for each program(City-programs and non-City programs). 4. Program Evaluations for each program. 5. End of activity/program reports for each program. If the CVRPD staff does not complete this type of report, the City staff shall be provided with the information to necessary for the City to complete the end of activity/program reports for each program. This information should include the following: A. Program Description (who, what, when,where) B. Program numbers (to include history—3 years, when available) C. Program expense, revenue and net D. Program evaluation(quantifiable)by participants and staff E. Marketing materials F. Recommendations G. Photographs Fees and Charges The CVRPD's User Fee schedule shall be provided to the City's Parks and Recreation Services Division on an annual basis, following adoption by the CVRPD Board of Directors. RMBUS\LWADE\300936.3 D-1 AGREEMENT FOR RECREATIONAL SERVICES APPENDIX E—Park Supervision The CVRPD shall provide "Park Supervision" staff as described below. The City shall compensate the CVRPD for said employees. Employee Schedule There shall be two (2) CVRPD Park Supervision employees on duty at all times. One Park Supervision employee shall be stationed at the Civic Center Park and primarily cover the south side of the City. The second Park Supervision employee shall be stationed at Freedom Park and cover primarily the north side of the City. The City Facilities coverage for each Park Supervision employee shall be mutually agreed upon in writing by the CVRPD and the City. A schedule of the aforementioned Park Supervision employees shall be provided to the City's Parks and Recreation Services Manager at agreed upon intervals (for example, weekly, two (2) times per month, monthly, etc.). A schedule of those CVRPD employees who are issued a City key to padlocks, restrooms, and any other City Facility shall be provided to the City within thirty (30) days of the commencement of the Term. Thereafter, the schedule of CVRPD employees shall be updated monthly such that the City is made aware of(1) new CVRPD employees were hired during the preceding month and issued City keys, and (2) CVRPD employees who have terminated employment during the preceding month who were required to return the City keys that had been issued to them. The CVRPD shall provide two (2) Park Supervision staff at all times, Monday through Sunday. Additionally, three (3) Park Supervision staff members may be scheduled as needed, during scheduled events, holidays and other times as requested by the City. The CVRPD shall be compensated for additional Park Supervision staff at the agreed upon hourly rate (see compensation). Specific Duties The CVRPD staff shall promptly notify the City of misuse and abuse of the City Facilities in a timely manner. The CVRPD shall supervise the City Facilities by continuously patrolling each park on an hourly basis, at a minimum, between the hours of 6:00 a.m. to 11:00 p.m. The CVRPD shall promptly notify the City of any property damage or vandalism discovered at the City Facilities, and shall also promptly notify the City Police Department regarding any health and safety, or park ordinance violations. RMBUS\LWADE\300936.3 E-1 The Park Supervision employees shall provide the following services and provide the following information to park patrons: 1. Patrolling of Parks. All City Facilities shall be patrolled hourly, at a minimum, during the hours of 6:00 a.m. and 11:00 p.m.. 2. Supervision. CVRPD staff shall log their activities and hours of supervision of each park daily, said logs shall be provided to the City Parks and Recreation Services Manager, or his/her designee, monthly or upon request. 3. CVRPD staff shall post field and shelter reservations daily. 4. CVRPD staff shall carry a schedule of events occurring in all City Facilities at all times. These schedules will include contact names and numbers. 5. CVRPD staff shall be familiar with and enforce all applicable City ordinances. 6. CVRPD staff shall greet all patrons with scheduled reservations and provide an information sheet that supplies contact numbers and park rules. 7. CVRPD staff shall pick up litter, trash and debris during supervisory visits to all parks. 9. CVRPD staff shall restock restroom supplies as needed. 10. CVRPD staff shall carry the City's Park Guides and make them available to patrons at all times. 11. CVRPD staff shall have telephone access to MUSCO lighting to turn off field lights in an effort to conserve energy, as needed. 12. If CVRPD staff schedule changes for any reason, including but not limited to illness, coverage of other CVRPD activities, etc., the CVRPD shall notify the City of Palm Desert regarding he same within twenty-four(24) hours. RMBUS\LWADE\300936.3 E-2 AGREEMENT FOR RECREATIONAL SERVICES APPENDIX F—Priority Use Priority Use Allocation The City and the CVRPD shall ensure that the users of the City Facilities will reflect, as closely as possible, the unique diversity and demographics of the community, without discrimination or disadvantage. To reduce barriers to access, the City Parks and Recreation Division and the CVRPD shall undertake planned, monitored and coordinated activities aimed at enabling all citizens of the City to participate fully in their services,programs and decision-making. Policy Statement When the demand for permits for City Facilities exceeds the available space, this priority use policy ("Policy") shall be used for permit allocation in all City Facilities. The City Parks and Recreation Division and the CVRPD shall endeavor to ensure that the intended outcome of the Policy is achieved. Any permit applicant who wishes to appeal his/her/its final allocation status may do so through the City Parks and Recreation Division. Fee Waiver Any organization requesting a fee waiver must do so in writing to the City Parks and Recreation Services Manager. If the CVRPD requests fees to be waived for an event or for a particular group, the CVRPD must also provide a written request to the City Parks and Recreation Services Manager. A final determination of fee waiver shall be made by the City, in its sole and absolute discretion. Priority Use by Participant Category The City's special events, followed by Parks and Recreation programs and services such as registered classes, drop-in programs and events shall be allocated permits prior to all other groups. Special coordination between the City and the CVRPD shall be taken if there is an existing group (i.e. youth sport organization) that has provided services during the requested time and/or at the particular location in the past in an effort to accommodate all requests. The City Parks and Recreation Division and the CVRPD shall use the following priority participant categories, in descending order of priority, when assessing permit applications and determining permit issuance: 1. Resident Community Children and Youth (Age 0 to 18 Years). Organizations providing recreational children and youth activities that are not-for-profit organizations and that meet a fifty percent(50%) residency requirement. 2. Resident Community Seniors (Age 60 Years +) and Adult (Age 19 to 59 Years). RMBUS\LWADE\300936.3 F-1 Organizations providing recreational senior and adult activities that are not-for-profit organizations and that meet a fifty percent(50%)residency requirement. 3. Community Group. Organizations or teams that provide the City residents' recreational activities that are not-for-profit organizations and do not meet the fifty percent (50%)residency requirement. Groups with higher residency shall be given priority. 4. Other Groups. Private and commercial groups and individuals, organizations, teams, religious organizations or individuals who do not meet the criteria to be defined as a "Community Group" or who operate on a for-profit basis. Reservations The CVRPD shall provide the City staff with a monthly calendar of sporting events, pavilion rentals and park activities scheduled in the City Facilities. All users who request a reservation for a City Facility shall be required to complete a "Facility Use Agreement", attached hereto as Appendix I. Parties reserving the amphitheater, sport courts or fields and for reservations of one hundred (100) or more persons must complete a"City Facility Reservation Application ", attached hereto as Appendix J. Reservation priority is a privilege, not a right. If reservations are made and not kept, the privilege of using the facility may be terminated by the City. Any unauthorized modification of any irrigation system, electrical system, playing field or other similar City-owned property will not be tolerated. Any costs related to the repair and/or replacement to correct the situation shall be billed to the responsible party and/or associated league, as determined by the City. In addition, such action may result in the responsible party and/or league losing reservation privileges and/or the City availing itself of other available legal remedies. Facility Safety and Maintenance Needs The City Parks and Recreation Division has identified the maintenance needs of each facility based on the amenities at each facility and the level of usage and sports field turf maintenance required. When a facility is designed and intended for a specific purpose (e.g. soccer park),priority shall be given to groups whose activities are in line with the activities for which the facility/space was designed. Health, safety and asset protection shall also determine access to facilities (e.g., no full-team adult games on mini-soccer fields, no activity during "resting" of facility or "overseeding", etc.). RMBUS\LWADE\300936.3 F-2 AGREEMENT FOR RECREATIONAL SERVICES APPENDIX G—List of Properties 1. Ironwood Park (14.5 acres) is located at 47-800 Chia Drive, on the east side of Chia Drive between Haystack Road and Loma Vista Lane and is an improved natural park. Park includes restrooms, covered picnic areas, tot playground, open turf area, paved parking lot and enhanced natural landscape with trails. 2. Civic Center Park (70 acres) is located at 73-510 Fred Waring Drive. This area includes open (green) space, date grove, rose garden, Holocaust Memorial, dog park, skate park, amphitheater, tennis courts (6), volleyball courts (4), basketball courts (3), playgrounds, pavilion/shelter areas and sports fields. 3. Washington Charter School Park (2.5 acres) is located at 45-768 Portola Avenue, and on the corner of Chicory Street and Lantana Avenue in the east quadrant of the Washington Charter School property. This park includes all turf area inside the perimeter fence, tot playground and basketball court. 4. Cahuilla Park (27.5 acres) is located at 45-825 Edgehill Drive, on the west side of the storm channel at Edgehill Drive and Green Way, and is a natural park with minor improvements. It includes a few picnic tables and irrigation system for selective trees and plants. Two tennis courts are available for public use. 5. Community Park (6 acres) is located on Magnesia Falls Drive between Portola Avenue and Rutledge Way. The park consists of restrooms, picnic area, tot playground, turf open space,paved parking lot and Oleson Field ball field. 6. Joe Mann Park (2.5 acres) is located at 77-810 California Avenue, on the north side of California Avenue between Warner Trail and Washington Street. This park includes restrooms, covered picnic area, tot playground, a water feature, turf open space, dog park, volleyball court, basketball court and paved parking lot. 7. Palm Desert Community Gardens (1 acre) are located on the west side of San Pablo Avenue between Santa Rosa Way and Royal Palm Drive. Gardens consist of restroom, planter areas outside perimeter fence,paved parking and covered picnic areas. 8. Palma Village Park (2 acres) is located on the corner of De Anza Way and San Carlos Avenue and includes a tot lot, sand volleyball, open (green) a restroom, basketball court, picnic tables and a water feature. 9. Freedom Park (26 acres) is located at 77-400 Country Club Drive. This area includes open (green) space, community gardens, restrooms, trails (sidewalks), public art, playgrounds, dog park, volleyball courts (2), basketball courts (3), tennis courts (2), and sports fields. RMBUS\LWADE\300936.3 G-1 10. Hovley Soccer Park (21 acres) is located at 74-735 Hovley Lane, on the south side of Hovley Lane East, west of Corporate Way. This park includes covered picnic areas, concession stand/restroom, playgrounds, shuffleboard courts, basketball court, horseshoe pits, approximately 13 acres of open turf area and a disc golf course. 11. The Cook Street Sports Complex (10 acres) is located at 43-555 Cook Street, in the northwest quadrant of the Palm Desert High School property and include three baseball fields, restrooms and snack bar. This complex will be renovated as part of the Palm Desert HS renovation beginning no later than May, 2008. 12. University Park Dog Park — (2.4 acres) partial year — located at 74-802 University Park Drive at the West intersection of University and College — is scheduled to be complete by April 1, 2008. This park is a dog park only, with a restroom. 13. University Park Neighborhood Park — (2.5 acres) partial year — located at 74-902 University park Drive at the East intersection of University and College —is scheduled to be complete by April 1, 2008. This park includes a community garden, restrooms, picnic shelters, open (green) space, playgrounds and a basketball court. 14. Portola Community Center — located at 48-480 Portola Avenue. The facility is owned by the City and is operated and managed by the CVRPD. The facility has offices and common areas that can be used by the community, civic or individual groups and organizations. 15. Palm Desert Community Center — located at 43-900 San Pablo Avenue, in the Civic Center Park. The Center offers a gymnasium, racquetball courts, multipurpose room, kitchen, child care rooms, offices, restrooms and is connected to the City of Palm Desert's parks and recreation staff offices. Please see the map attached hereto. RMBUS\LWADE\300936.3 G-2 AGREEMENT FOR RECREATIONAL SERVICES APPENDIX H—Contacts City of Palm Desert City of Palm Desert Main office: 760-346-0611 Public Works On-Call number: 760-272-4320 Parks On-Call number: 760-404-9438 Parks and Recreation Services Manager: Janis Steele Cellular Phone: 760-774-3444 Office Telephone: 760-776-6423 Parks Facilities Manager: Jay Niemczak Cellular Phone: 760-272-6581 Office Telephone: 760-776-6364 Nextel 2-Way: 125*27233*53 Park Supervisor: Ricardo Torres Office Telephone: 760-776-6357 Nextel 2-Way: 125*134656*7 CVRPD Staff Main Office: 760-347-3484 Palm Desert Community Center: 760-568-9697 Park Supervision (7 a.m. — 11 p.m.) Telephone: 760-701-2562 Nextel 2-Way: 125*42586*13 On-Call: Community Center Director: Jeff Ronci Cellular Number: Office Telephone: 760-568-9697 Community Center Assistant Directors 1. Brenda Nutcher Cellular Number: 2. Rufus Connor Cellular Number: Superintendent—Recreation and Leisure Enrichment Services Superintendent—Facilities Superintendent—Maintenance Assistant General Manager RMBUS\LWADE\300936.3 H-1 AGREEMENT FOR RECREATIONAL SERVICES APPENDIX I— Facility Use Agreement [Attached behind this page] RMBUS\LWADE\300936.3 AGREEMENT FOR RECREATIONAL SERVICES APPENDIX J—City Facility Reservation Application [Attached behind this page] RMBUS\LWADE\300936.3 From: Stan Ford [stan@cvrpd.ca.gov] Sent: Friday,July 11, 2008 11:04 AM To: Steele,Janis Cc: Kevin Kalman; Delia Granados; Mary Thiery; Barb Adair; Craig DeWitt Subject: New Agreement for Services Attachments: Document.pdf Janis: Kevin is mostly out during the next few weeks. I am forwarding,for him, the revised agreement (attached) he and our counsel drafted. He will finalize the cost for services when he returns. If you have any questions before Kevin returns, please contact me. Thanks. AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COACHELLA VALLEY RECREATION& PARK DISTRICT FOR VARIOUS RECREATIONAL AND COMMUNITY SERVICES This Agreement is made and entered into this day of 2008,by and between the City of Palm Desert, a municipal corporation ("City") and Coachella Valley Recreation& Park District, organized and operated as a recreation and park district ("CVRPD"). RECITALS WHEREAS, the City owns or leases property that is used for parks, recreational and community activities and related services; and WHEREAS, CVRPD is qualified to coordinate, administer and provide such parks,recreational and community activities and related services; and WHEREAS, the City desires that CVRPD coordinate, administer and provide such activities and services and CVRPD has agreed to do so on the terms and conditions set out here. NOW, THEREFORE, in consideration of the mutual promises, obligations and covenants, the parties agree as follows: 1. ACTIVITIES AND SERVICES PROVIDED. CVRPD shall take any and all actions necessary to coordinate, administer and provide park, recreational and community activities and related services for the benefit of the residents of Palm Desert. In carrying out such actions, CVRPD shall comply with the requirements of the Recreation & Park District Act (Public Resources Code Section 5480 et scq) and all other applicable local, state and federal laws. CVRPD and City may agree on more detailed guidelines to carry out such services, which guidelines are not a part of this Agreement. CVRPD shall provide employees to carry all such services. Such services include, but are not limited to: Administration and Coordination of such services, including attendance at City Council, Parks and Recreation Commission and other meetings; provision of documents upon request, and those actions necessary to update City Council, Commissioners and staff as to the provision of services hereunder; General Maintenance and repair of all park facilities and special projects as requested and financed by the City. 4841-5694-8482.1 1 Park, recreation and community programs to serve District and City residents, including scheduling of park facilities for use utilizing priorities set by the City; CVRPD may establish fees for such programs which have a discount for City residents Supervision and security for all facilities 2. TERM. The term of this Agreement shall commence upon its execution by both parties and shall extend until terminated by either party upon 180 days prior written notice to the other. 3. CONSIDERATION. In consideration of CVRPD's provision of services hereunder, the City shall provide all of the following: A. Subject to existing, separate lease arrangements, the City shall make available to CVRPD at no additional cost possession and use of the City Facilities listed in Exhibit , attached and incorporated here; the City shall provide for major repairs and maintenance for such facilities. B. CVRPD shall set fees for and retain all revenues from its programs and services. CVRPD shall provide the City with current fee schedules upon request. Notwithstanding, CVRPD shall remit to the City the $20 administrative fee on pavilion rents, which shall be paid to City monthly. C. City shall pay CVRPD _ per year. CVRPD shall invoice the City each quarter for one-fourth of the annual amount, with the first quarterly payment due upon the execution date of this Agreement and subsequent invoicing and payments due quarterly thereafter. This annual payment shall increase each year in the amount of the increase in CVRPD's costs as set out in its preliminary budget and provided to City. CVRPD shall provide the City with a copy of its annual budget and the audit, when completed. 4. CITY APPROVALS. CVRPD shall obtain prior consent from the City for any modification or change to a City Facility which does not constitute a repair and which is in excess of$ 5. CVRPD CONTACTS. CVRPD shall provide City with a list of a contact for each facility as well as emergency contacts, which list shall be updated as necessary. 6. INSURANCE: CVRPD. shall procure and maintain, at its sole expense, for the duration of this Agreement, commercial general liability self-insurance in the following amounts against claims for injuries to persons (including death) or damages to real or personal property(including loss of use) which may arise from or in connection with CVRPD's provision of services hereunder: 4841-5694-8482.1 2 • $1 million per person, combined single limit of$3 million for bodily injury; • $1 million per occurrence for real and personal property damage; • $500,000 per occurrence for loss of use of real or personal property CVRPD shall provide an endorsement on the appropriate ISDO form showing City as additional insured. • Workers' Compensation Insurance as required by law. 7. AMENDMENTS. Any amendment, to this Agreement shall be in writing and shall be effective only upon approval by the CVRPD Board of Directors and the Palm Desert City Council. 8. NOTICE. All notices or demands of any kind served by either party to this Agreement by the other will be in writing and will be personally delivered, faxed with a printed fax return, or mailed by registered or certified mail,return receipt requested addressed as follows: City Clerk General Manager City of Palm Desert Coachella Valley Recreation& Park District 73-510 Fred Waring Drive 45-305 Oasis Street Palm Desert, CA 92260 Indio, CA 92201 9. LITIGATION COSTS. In the event an action is filed by either party to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs in addition to any other relief granted by the court. 10. AUTHORITY TO EXECUTE AGREEMENT. Both the City and the CVRPD covenant that each individual executing this Agreement on behalf of each party is a person duly authorized to do so. 11. INDEMNITY. The City hereby agrees to indemnify, defend (with counsel of CVRPD's choice) and save the CVRPD harmless from and against any and all losses, claims, actions, fines,penalties, demands, damages, liability and expenses, including attorneys' fees and costs, in connection with loss of life, personal injury and damage to property arising from or connected with the facilities provided hereunder, except those arising from the sole negligence or willful misconduct of CVRPD's officers, agents or employees. The CVRPD hereby agrees to indemnify, defend (with counsel of City's choice) and save the City harmless from and against any and all losses, claims, actions, fines, penalties, demands, damages, liability and expenses, including attorneys' fees in connection with loss of life,personal injury, and damage to property arising from or out of any occurrence in, upon, or at the facilities used and the provision of or failure to provide services under this agreement, except that arising from the sole negligence or willful misconduct of City, its agents, contractors, employees or servants. 4841-5694-8482.1 3 12. ENTIRE AGREEMENT. This writing constitutes the entire agreement of the parties with respect to the subject matter herein and may not be modified or amended except by an agreement executedby both parties. 13. NO WAIVER. No waiver of any breach of default hereunder will be considered valid unless in writing, and no such waiver will be deemed a waiver of any subsequent breach of default of the same or similar nature. 14. INVALIDITY. If any provision of this Agreement is invalid or not enforceable, such invalid provision will attach only to such provision and will not in any manner affect or render invalid or unenforceable any other severable provision of this Agreement, and this Agreement will be carried out as if any such invalid or unenforceable provision were not contained herein. 15. HEADINGS. The section headings contained herein are for the purpose of convenience only and are not intended to define or limit the contents of said sections. 16. COUNTERPART. This Agreement may be executed in one or more counterparts, all of which if taken together will be deemed an original. City of Palm Desert City of Palm Desert Jean Benson, Mayor Rachelle Klaason, City Clerk Coachella Valley Recreation Coachella Valley Recreation and Park District and Park District Rudy Acosta, Board Chair Stan Ford, General Manager APPROVED AS TO FORM: Dave Erwin, City Attorney 4841-5694-8482.1 4 '11� CITY OF PALM DESERT : PARKS AND RECREATION •.'�:°94 n 0,44 • STAFF REPORT To: Parks and Recreation Commission From: Janis Steele, Parks and Recreation Services Manager Date: April 7, 2009 Subject: Park Inspections Attached is a copy of the following park inspections: 1. February 2009 (re-done) 2. March 2009 February 2009 (Re-done) Date Park Commissioner Date Deficiency Corrected Corrective Action 1. Ironwood/Haystack Schukart 2. Homme/Adams Schukart Cahuilla Park 3.Joe Mann Park Babcock 2/14/2009 Dog park closed (fencework) 2/27/2009 Was due to be complete much sooner. Contractor delays. 14. Palm Desert Barnard Soccer Park _ 5. Palma Village Guyer 2/24/2009 Park _ 6. University Parks Hall (Dog & East) 7. Magnesia Falls Munson City Park 8. Washington Dash Charter Park 9. Civic Center Park Dawson 2/24/2009 1. Benches at basketball courts are 3/13/2009 1. Wood re-sanded, repainted abuse from the skate boarders. and skate stoppers added. 2. What is the status of the burned 2/27/2009 2. Currently requests bids to down pavilion? rebuild pavilion. 10. Freedom Park Housken 2/26/2009 1. Music keyboard attached 3/4/2009 1. 1 year warranty expired. to ship has only 1 of 8 keys Called for quote to repair, and working. Warranty? will order assembly kit. 2.The slope area on (espec- 2. Spoke to contractor and ially on the wet side) looking asked to fill the eroded area down to field is not great. with dirt and keep an eye on it Holes, dirt, erosion, etc. And to prevent future erosion. the area at the base of the NW lightpole is really eroded. Concrete footings visible. 3. Grass in park and on baseball field is beautiful! Flowering shrubs add nice color. March 2009 Date Park Commissioner Date Deficiency Corrected Corrective Action 1. Ironwood/Haystack Housken 3/13/2009 1.wet floor 3/23/2009 Instructed recreation staff to to sweep excess water on the floor.The partitions will be replaced in April. 2. Homme/Adams Housken 3/17/2009 remove old doggie bag 3/25/2009 removed dispenser on Cahuilla Park dipenser 3/25/2009 3.Joe Mann Park Schukart 3/21/2009 1. Doors to restrooms 3/16/2009 Replacement of the partitions do not close or latch will take place in April 2. Drinking fountain does 3/24/2009 Drinking fountain was ajusted not work 3. Dog Park users desire lids 3/24/2009 Lids have been installed on the trash cans 4. Palm Desert Barnard 4.Tree roots are lifting 3/25/2009 Staff is requesting bids to Soccer Park concrete repair damaged concrete 5. Palma Village Guyer Park 6. University Parks Hall (Dog&East) 7. Magnesia Falls Hall 3/15/2009 none City Park 8.Washington Dash Charter Park _ 9.Civic Center Park Dawson 10. Freedom Park Babcock 3/16/2009 1. Dry areas on the field 3/16/2009 Worn areas are due to overuse. Staff will be aerating and fertilizing in an attempt to reduce the worn areas. 2.Goal stations down. Staff has requested that Park and Recreation Staff dicourage user groups from moving nets. 11. Freedom Park Dawson 3/6/2009 1.Sign attached to dog 3/9/2009 sign was removed park is old 2.Star lights are Stars were painted on 3/4/09 deteriorating The painting did not hold up. On 3/10/09 Staff repainted with a sealer added,this seems to be working. NMNN, i'•' — CITY OF PALM DESERT : PARKS AND RECREATION 1�' r1 '. 0....�'. STAFF REPORT egT�9 3yo��f To: Parks and Recreation Commission From: Janis Steele, Parks and Recreation Services Manager Date: April 7, 2009 Subject: Family YMCA of the Desert Update Attached is a copy of the most recent press release provided by the Family YMCA of the Desert regarding upcoming events. From: AllAlis@aol.com Sent: Monday, March 23, 2009 6:13 PM To: undisclosed-recipients Subject: YMCA HOSTS EASTER EGG HUNT & HEALTHY KIDS DAY- SAT. APRIL 11, 2009 NEWS RELEASE For Immediate Release Contact:Alison Elsner(aelsner@desertvmca.org) March 23,2009 760-320-6430-work,760-413-5053-cell,760-320-1679-fax YMCA HOSTS EASTER EGG HUNT AND HEALTHY KIDS DAY (Palm Desert, CA.) The Family YMCA of the Desert will host an Easter Egg Hunt followed by the ninth annual YMCA Healthy Kids' Day, sponsored by Rabobank, on Saturday,April 11 at the Palm Desert YMCA and Civic Center Park(43-930 San Pablo Av. /Palm Desert, CA.), starting at 9:00am. No pre- registration is necessary, and both events are FREE OF CHARGE and open to the public. The traditional Easter Egg Hunt will begin at sharply at 9:00am, and parents are asked to please be parked and on site by 8:45am. Children of all ages are invited to attend the hunt,which will include a visit from and photos with the Easter bunny(provided by Grins2Go Photography). Children will receive treats and small toys to take home with them. The event will be supervised by YMCA staff and trained volunteers, who will hide"Easter eggs"in various locations in and outside of the YMCA and adjoining park. Children will be divided up into age groups for the hunt. Parents are required to wait at the YMCA while their children participate in the Easter Egg Hunt; they may not drop their kids off and return later but must instead remain on premises at all times for safety reasons. Rabobank will also serve as the title sponsor for Healthy Kids' Day,which will follow the Easter Egg Hunt, from 9:30am— 11:00am. Children of all ages, along with friends and family members, are invited to attend. Over 1700 YMCAs will be celebrating the"Put Play in Your Day!"theme. Other local sponsors include the City of Palm Desert,National Junior Tennis League,Hidden Harvest, Grins2Go Photography,and Kohl's. YMCA Healthy Kids' Day reinforces how fitness and shared projects can be fun for kids and families, creates activities to encourage children and families to adopt behaviors that support a healthy lifestyle, and introduces kids to special YMCA and community programs and activities. YMCA Healthy Kids Day is part of YMCA's Activate America, a national YMCA initiative designed to help children and adults discover and sustain healthier ways to live, and Healthy Family Home,which encourages balance in life and small fitness or nutritional changes. Confirmed activities and displays at YMCA Healthy Kids Day include Palm Springs Power/ Chill interactive baseball pitching for kids with team members, National Junior Tennis League tennis activities, a flag football obstacle course, Grins2Go fun photography, Kinetics health and fitness activities, Rabobank displays, dodgeball, City of Palm Desert information about city activities, recreation, and attractions, YMCA bounce house, YMCA arts and crafts for kids, YMCA karate, dance and interactive gymnastics demonstrations, nutrition displays,push up and sit-ups booth, high jump, hurdles and races, fitness tests with doctors, and healthy snacks. Unhealthy eating and physical inactivity are associated with an increased risk of a number of chronic health conditions including overweight and obesity. The percentage of young people who are overweight has tripled over the last 25 years. In 2005, a panel of experts from the Centers for Disease Control and Prevention recommended that school-age children should participate in moderate to vigorous activity for a minimum of 60 minutes a day. Studies have shown that children who develop healthy exercise and eating habits while they are young are more likely to continue to lead healthy lifestyles through adulthood. (YMCA of the USA, 2007). -more- YMCA Easter Egg Hunt and Healthy Kids'Day—April 11, 2009 page 2 YMCA Healthy Kids Day helps raise awareness about health challenges and ways we can address them as a community,and combining the event with the Easter Egg Hunt helps teach kids about managing food choices and opting for healthier treats. YMCA Healthy Kids Day is supported by the American Diabetes Association,American Heart Association,American Public Health Association,American Cancer Society, Centers for Disease Control and Prevention, and the National Association of Chronic Disease Directors. YMCA Healthy Kids Day is generously sponsored nationally by companies dedicated to improving the health and wellness of American kids and families, including the Disney Channel,Eli Lilly& Company,Huggies, Northwestern Mutual Foundation,and Tropicana. For more information about the YMCA Easter Egg Hunt,YMCA Healthy Kids Day, or to get involved as a local sponsor or host a display or activity,please contact Paula Simonds as soon as possible at 760- 341-9622 or psimonds@desertymca.org. FAMILY YMCA OF THE DESERT: The Family YMCA is the largest provider of licensed childcare in the valley,with facilities from Palm Springs to Thermal,having celebrated its 25th Anniversary in the desert in 2007. Nearly 2400 kids and families each day are served at twenty-nine sites,with many opportunities in youth and family programming. The primary focus of the Family YMCA is to reinforce caring,honesty,respect, and responsibility while allowing kids to develop social skills, confidence, leadership, and fitness. The Family YMCA is excited to be part of the national YMCA's"America on the Move/Activate America"initiative which strives to collaborate with community organizations to help families live healthier lifestyles and focus on health and wellness. One current showcase program based on the "Activate America"model is the"Y Be Fit"healthy eating and anti-obesity partnership for 50 students at Two Bunch Palms Elementary School in Desert Hot Springs, funded by the Desert Healthcare District and operated by the Family YMCA. During the past two and a half years, special partnerships between the Family YMCA and various local elementary and middle schools within Palm Springs Unified and Desert Sands Unified School Districts were launched to provide free, on-site after school care as part of the state of California's recently enacted Proposition 49/After School Education and Safety(ASES)Act. Programming at both the Palm Desert and the Palm Springs YMCA locations includes after-school care, a fitness center, dance and performing arts,walking and running clubs, graphic arts and computers, basketball and flag football, sports, and fitness,youth and government, karate, gymnastics, senior activities, swimming, and Y Rookies Sports Leagues. The Palm Springs YMCA opened in January, 2004, after transitioning from the Palm Springs Youth Center, and now offers a full variety of programs for children,teens, adults, and seniors. The Family YMCA of the Desert conducts an annual fund-raising campaign to support its financial assistance programs, making YMCA activities accessible to everyone. In 2008, funds raised reached over $440,000 through generous community support. Major YMCA events throughout the year to support programs, childcare, and financial assistance include: the Desert Bicycle Giveaway, an annual YMCA Golf Tournament, and the Hoedown at Sundown. More than one third of the children participating in the YMCA of the Desert programs receive financial assistance, making community support a vital element in the ability to offer help to kids and their families. No child or family will be denied services because of an inability to pay. -more- YMCA Easter Egg Hunt and Healthy Kids'Day—April 11, 2009 page 3 Van Tanner (President, Desert Empire Insurance Services, Inc.) serves as President of the Board of Directors for the Family YMCA of the Desert, and Rob Ballew is the YMCA's valley-wide Executive Director and C.E.O. Congresswoman Mary Bono (45th district, California) serves as the Honorary Chair. The Board's current emphasis is on continuing and growing childcare and development of a programming at the Palm Desert and Palm Springs YMCAs. The Family YMCA of the Desert is one of 2500 YMCA'S nationwide, all of whom work towards building strong kids, strong families, and strong communities. For more information please visit: http://www.desertymca.org. The Family YMCA of the Desert has two primary locations: Palm Desert/Administrative Offices: Palm Springs: 43-930 San Pablo Av. 3601 E. Mesquite Av. Palm Desert, CA. 92260 Palm Springs, CA. 92264 760-341-9622-phone 760-320-6430-phone For more information regarding YMCA events, activity programs, fundraising, or volunteer opportunities please contact Alison Elsner at 760-320-6430-work, 760-413-5053-cell, or aelsner@desertymca.org. Clevsa z Alison Elsner Director, Palm Springs M A Associate Executive Director, Family M A of the Desert Director, Public Relations and Marketing, Family YMCA of the Desert 3601 E. Mesquite Av. Palm Springs, CA. 92264 760-320-6430-work, 760-413-5053-cell, 760-320-1679-work fax aelsner@desertymca.org NMNN, CITY OF PALM DESERT ya X : PARKS AND RECREATION 4.... STAFF REPORT To: Parks and Recreation Commission From: Janis Steele, Parks and Recreation Services Manager Date: April 7, 2009 Subject: Local Artist Showcase at the Civic Center Park In July 2008, Mr. Aaron White, an intern in the Public Works Department, approached Staff with the idea of developing a "weekend" concert series to be held during the months of August and September 2008, in the City of Palm Desert. He introduced his idea to the Parks and Recreation Commission at the July 1, 2008, meeting, representing himself as a founding member of the 1201 Collective. The 1201 Collective is in the process of becoming a local non-profit organization, with a focus and dedication towards community development and education through both art and music. The Collective's goal is to one day open a venue for local music in Palm Desert. Mr. White was asked to prepare a proposal and present his idea to members of the Commission. He followed through and did so. The main focus of his proposal was as follows (taken from the proposal): We believe that local music is a source of entertainment in the valley that has relatively few places in which to surface. So, we decided that if we were able to set-up shows with the city of Palm Desert than we'd derive a mutual benefit. The city would gain recognition as a more open and friendly environment to younger people aged 15-26 and our collective would achieve one of its primary goals of extending music and its accessibility to the general public. As this provides additional recreational and entertainment value to the City's current services, Staff felt that this would be an opportunity for the City to reach the 15 to 26 age group (but not exclusively) as well as provide additional music and entertainment to the citizens of Palm Desert. It would also offer an outlet for local artists to perform. It was important to try and get this off the ground in 2008 to assist Mr. White in having fulfilling his internship ideas. Staff also felt (and still feels) that this could grow in the future. Local Artist Showcase April 7, 2009 Page 2 of 2 For the 2008 Concert Series, the 1201 Collective provided all the sound equipment and marketing materials. The first concert was held on Friday, August 8, 2008, with all concerts beginning at approximately 6:00 p.m. Unfortunately, the concerts were cancelled after the August 22 concert. Mr. White has not given up on his idea. He contacted the City's Human Resources Department to inquire about the possibility of an internship for the 2009 summer. Due to budget constraints, the program may not remain in existence, but Mr. White was referred to Staff as he still has a desire to see the concerts happen. He met with City Staff on March 23, 2009, to discuss this possibility. Staff put him in contact with the Regional Access Project Foundation, Inc. (RAP). RAP is an organization dedicated to the provision of services addressing unmet needs in the areas of Health, Mental Health and Juvenile Intervention to residents of Riverside County's 4th Supervisory District and a section of the 3rd Supervisory District. RAP has provided technical assistance to youth sport organizations in the Coachella Valley, as well as financial assistance to projects that help to create a healthier community in the areas of health, mental health, and juvenile intervention. Staff felt that it was a good place to seek both technical and financial assistance. Mr. White is willing to write grants and find sponsors to help pay a minimal fee to the performers if possible. Many are local and will perform for free, but if funding is acquired, the performance quality can be increased. Attached is a copy of the proposal for 2009. Mr. White is requesting that the 1201 Collective host five (5) concerts to be held every Friday from August 7 to September 4, 2009. Concerts would begin at 6:00 p.m. and end at 9:00 p.m. They would like to provide a different genre of music each week. They are still willing to provide the sound and all the bands. Staff would additionally recommend that a vendor be allowed to sell food at the events (similar to the vendor for the City's Thursday night concert series). Due to the tough economic times, Staff feels that now is a great time to work with local talent and a local not for profit group to provide a venue for local musicians to play and concerts for the public to enjoy free of charge. The parks continue to be busier than usual in the down economy and citizens are always seeking opportunities for recreation. Staff recommends that the Parks and Recreation Commission recommend that the City Council approve this program as part of the City's parks and recreation services, and act as a co-sponsor with the 1201 Collective. G:\DevServices\Janis Steele\Word Files\Commission\Updates\2009\April 7\Concert Series\Friday Concert Series.doc Palm Desert Summer Concert Series 2009 (August-September) Presented by The 1201 collective in Tandem with the City of Palm Desert (Visit us at 1201 collective.com) Introduction Amidst the small problems that emerged last year largely due to the relatively short period in which we had to organize, the 1201 Collective has decided to work again with the city of Palm Desert to set up a concert series aimed towards families and youths again this summer. By starting early we will have enough time to formalize a schedule of bands, contact the appropriate media groups and find sponsors to help us this year with things that were lacking last year. With that, I hope that this concert series goes ahead so we can show how much we've grown to the city in terms of organizing and to bring together our community. Thank you, Aaron White 1201 Collective What is Necessary? Q: Will you need security? A: We don't feel we will need security although we would like to again have someone from the parks and rec. to assist in clean-up as was provided last year. The police station and its proximity to the park is a pretty good reminder that security is close at hand should they be necessary. Q: How much,will the event cost the city of Palm Desert? A: We hope by finding business sponsors in the community over the next several months to reduce the costs of insurance the city has to pay and to cover the cost of personnel who help shut down the event and clean-up. Q: How many people are expected to attend the event? A: Last year,we started our first week with a small group of around twenty people but ended our last week with over two-hundred and twenty people and if the event is better publicized this year,I think we can draw a larger crowd. Q: Are all the bands local? A: This year we'd like to have two out of three bands be local and we'll bring one outside band in the hopes of drawing an out of town audience that may come with the touring band. Q: How will you advertise? A: By contacting the Desert Sun ahead of time as well as the local news stations we can freely publicize our event as well as posting the event series over social networking sites such as Facebook and Myspace in order to attract more youths that stay in the Coachella Valley over the summer. Q: What day of the week will the series take place? A: These concerts will be Friday nights from 6pm-9pm and each band will have 30-40min. to play and 15-20min. for set-up and take-down. Q: What are the prospective dates? A: We are trying for the first weekend of August to the first weekend of September. (Fri. Aug. 7th,Aug. 14th,Aug. 21st,Aug.28th, and Sept. 4th) Q: Will the bands be paid? A: Only if we receive enough money from sponsors and donations. If you have any other questions or concerns,please do not hesitate to contact me at Falcon1685@aol.com or visit our website 1201collective.com and send an e-mail to 1201collective@l201collective.com BANDS Despite a positive review in the Desert Sun,Palm Desert edition during the punk show held in the Civic Center Park last summer,we will not have any punk bands play this summer due to their unruly and stand-offish nature that generated tension with park staff. All bands that play this summer will have to submit their lyrics and a sample of their music to the 1201 Collective and Janis Steele to review and approve before they play in order to monitor the content and gauge the"attitude"the band displays. Some local bands we'd like to have play this year are: The Hellions (psychobilly) Bedevil(psychobilly) The Deadbeat Daddies(psychobilly) Griefshare(ambient/electronic) Sean Connery's Birthday(Folk) Bryan Taylor(Folk) Motel Monster(Indie) Mira La Luz(Ambient/Noise/Experimental) F.C.P(Folk) Sailor On Shore(Indie/Folk) DreamCatcher(Folk/Acoustic) Dead-End Paradox(Rock) Out of Town bands Twenty Hands High(Folk/Country) Colby Stead(Indie/Folk) The Pleasure Circus Bands (Circus/Gypsy) Mike XVX(Folk) Water Color Paintings (Folk) Girl Band(Acapella) Wingnut Dishwashers Union(Folk) We'll identify several more bands over the next couple weeks and work with Janis Steele to refine and create the music line-ups. All of these bands can be listened to on myspace.com by typing the Band name in the Search Engine. Examples of Previous Flyers The fit7 of Palm NMI is! ....•,:, - --- -- The 1,20 1.-Collective — --- .- Present 1 Music at The Ampkilleatre (in Palm Desert Park) _ ... .. _ • . ; :• . • - .....-,11:. •,..r : f 9 , 7 . • . •: ._ ...,____. .: 4 ..7.,—dc0 '....--:-...; • , •:, if ... .i 1 .1.1 - ii. • q ,o,,,,ism.. i , , , ri ........„ . .„, ., — ---p---4- A . - • .1 . I.- -.- . --.•'', ill .;.:,. , . . .1. •L crlie iiii 111 1.I r. • I iit ,: '.'` -.• 1 z 1 . . .. ..1 , . i • 1 14 E Clit .kt&similimiew r .d August 3,,,,, 2.0 0 a 5 PM 3 NI No Drugs +No Alcohol=No Problem