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HomeMy WebLinkAboutItem 14 - Facility Use Agreements at River View Golf Course Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 16, 2026 TOPIC: Facility Use Agreements at River View Golf Course AGENDA TITLE Facility Use Agreements with Golf Instructors for Golf Lessons and Programming at River View Golf Course RECOMMENDED ACTION Authorize the City Manager to execute five (5) separate non-exclusive facility use agreements with Bongwon Kim, Kyoung Im Kwon Victoria, Putting for Eagle, LLC, Robert W. Stevens, and Jamie Estrada to provide golf lessons at River Golf Course in an amount of $500 each per month paid to the City for a term beginning July 1, 2026, and expiring June 30, 2027 (Core Agreement No. A-2026-XXX). GOVERNMENT CODE &84308 APPLIES: No DISCUSSION The City of Santa Ana Parks, Recreation, and Community Services Agency (PRCSA) oversees recreational operations and programming at River View Golf Course, including golf instruction opportunities that support player development, community recreation, and continued activation of the golf course facility. Historically, independent golf instructors have operated at River View Golf Course under arrangements established with the former leaseholder. On March 3, 2026, the Santa Ana City Council approved a new professional management agreement with CourseCo Inc. to operate River View Golf Course under a management services model. Under this updated operational structure, independent golf instructors are no longer able to provide instruction directly through CourseCo, as instructors offering similar services would be required to operate as employees of the management company. To avoid disruption of existing instructional services and maintain continuity for current golf students and instructors, PRCSA is proposing five (5) non-exclusive Golf Instructor Use Agreements directly between the City and existing instructors: • Bongwon Kim • Kyoung Im Kwon Victoria • Putting for Eagle Facility Use Agreements at River View Golf Course June 16, 2026 Page 2 • Robert W. Stevens • Jamie Estrada This one-year framework will allow instructors to continue independently teaching at the facility while the City and CourseCo evaluate long-term operational and programming strategies for golf instruction services at the course. The intent of the one-year instructor agreements is for CourseCo and City staff to evaluate instructor utilization, demand, and overall business activity during the first year of operation while also reviewing historical operating patterns from prior years. Based on that evaluation, more specific guardrails and performance expectations can be developed and incorporated into future instructor agreements. Our goal is to maximize the effective use of available space and instructional opportunities while ensuring continued public access and high-quality programming. The proposed agreements would permit instructors to utilize designated practice and instructional areas at River View Golf Course for private golf instruction during approved operating hours coordinated by CourseCo staff. Instructors will contract directly with the City, while CourseCo will oversee day-to-day scheduling and space allocation to ensure instructional activities do not conflict with golf course operations, public play, tournaments, or City programming. The non-exclusive structure provides the City and CourseCo with operational flexibility to accommodate multiple instructors and other facility users concurrently. Under the proposed agreements, each instructor will pay a monthly facility use fee of $500. Instructors will also be required to maintain current insurance documentation with the City, comply with all operational and safety requirements, and remain in good standing throughout the term of the agreement. The proposed $500 monthly use fee is not currently included in the City's adopted fee schedule and therefore requires City Council approval. The proposed structure is consistent with a similar non-exclusive facility use model previously approved by the City for independent aquatics instruction partnerships at City pool facilities. Approval of the proposed agreements will allow the City to maintain continuity of golf instruction services for the community during the operational transition at River View Golf Couse while establishing a clear framework for independent instructor access and operational oversight. The one-year agreement term will provide staff the opportunity to evaluate program demand, operational impacts, and potential future models for golf instruction services at the facility. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Facility Use Agreements at River View Golf Course June 16, 2026 Page 3 FISCAL IMPACT The agreements will generate revenue to the City through established facility use fees, at a base rate of$30,000/year. The fees charged for permitting facility use will be deposited into the Golf Enterprise Fund. Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account# Description Account Description FY 26-27 11213002-57990 Golf Course Golf Course Revenue, $30,000 Enterprise Fund Miscellaneous Income EXHIBIT(S) 1. Facility Use Agreement with Bongwon Kim 2. Facility Use Agreement with Kyoung Im Kwon Victoria 3. Facility Use Agreement with Robert W. Stevens 4. Facility Use Agreement with Putting for Eagle, LLC 5. Facility Use Agreement with Jamie Estrada Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency Approved By: Alvaro Nunez, City Manager FACILITY USE AGREEMENT WITH BONGWON MM FOR USE OF RIVER VIEW GOLF COURSE THIS FACILITY USE AGREEMENT is made and entered into on June 160', 2026, by and between Rongwon Kim C User"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). City and User may be collectively referred to as the"Parties"or individually as a"Party". RECITALS A. The User has a need for a venue to conduct golf instruction and/or lessons. B. The City acknowledges the community need for programs such as those offered by User that expand competitive, and non-competitive athletic opportunities within the City of Santa Ana. C. The Parties have entered into this Agreement for the purpose of setting forth the terms and conditions for the User to use designated areas at the River View Golf Course for the administration of golf instruction and/or lessons. The parties agree as follows: i I. GRANT OF PERMISSION AND FACILITIES TO BE USED City hereby grants User the Iimited,non-exclusive right to utilize designated areas of River j View Golf Course ("Facilities") to provide golf instruction and/or lessons pursuant to the Scope of Use set forth in Exhibit A, attached hereto and incorporated herein by reference. 2. COMPENSATION For the use of the Facilities described in Section 1 of this Agreement, User shall pay City fees as described in Exhibit A. 3. TERM The term of this Agreement shall begin on July 1, 2026 and terminate on June 30, 2027, unless terminated pursuant to the terms of this Agreement. 4. COMPLIANCE WITH RULES AND REGULATIONS User shall use and occupy the Facilities in a safe and careful manner and shall comply with all applicable local,state, and federal laws in its use of and activities in.the Facilities,including as to the conduct of its employees, agents, clients, customers, guests, and others using the Facilities by reason of this Agreement. User shall also comply with all rules and regulations of City in effect during its use of the Facilities.Failure to abide by such Iaws,rules, or regulations,or any condition Page 1 of 5 of this Agreement,may result.in the,immediate termination of this Agreement in the sole discretion of the City. 5. BACKGROUND CHECKS j User shall ensure that all,employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement. User shall not assign any employee, agent, subcontractor, volunteer or the User personally to provide services pursuant to, this Agreement, if that employee, agent, subcontractor, volunteer, or the User personally are required•to register 8 a sex offender under California Penal Code Section 290 et seq,have,a conviction for.any crime of moral turpitude,have a conviction for a sexual based crime, -have a conviction.£or a violeht-,felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felofy as-,defined in California Penal Code Section 1192.7(a). 'Disqualifying convict-ions;include but are not limited to, violations of California Penal Code Sections 37, 1,28, 136.1 with Section 186.22,187, 190-190.4 and 192(a),205,206,207-209.5,211, 212, 212.5, 213, 214, 215, 218-219,.1220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1,•266,266c; 266h,266i, 266j,.267,269,272, 273a,273ab, 273d, 285,286,288,288a, 288.2, 288.3,288.4,'288.5,288.7,289,290, 31,1.1,311.2,311.3,311.4,311.10,311.11, 314,347(a),368, .417(b), 451(a),518 with 1.86:22,,647.6; 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or(h)(2); Business and Professions Code Section 729.' 6. INDEMINIFICATION User agrees to and shall.indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all claims, damages; judgments, attorney.'s fees, costs and expenses arising out of, involving, or in connection with the use of the°Facilities or the acts or omissions of User, its officers, agents, s employees, volunteers, guests, or- invitees, whether or not such acts or omissions constitute permitted uses of the Facilities. 7. INSURANCE Insurance requirements are attached hereto and incorporated herein as Exhibit B. 8. CONTILICT OF INTEREST CLAUSE User covenants that-it presently has no interests and shall not have interests, direct or -indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. FORCE MAJUERE In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other Page 2 of 5 . 1 action by governmental agencies, or for any reason beyond the control of City, City shall have the j right to terminate this Agreement without penalty. I 10. LICENSES AND PERMITS User represents and warrants that it, and any agents, independent contractors, subcontractors,vendors,or others acting on its behalf under or with respect to this Agreement,will at all times during the term of this Agreement have and maintain in force any and all licenses, permits, or approvals required by law for the conduct of User's activities under this Agreement. 11. DAMAGE TO FACILITIES User shall be liable for any damage to the Facilities caused by,any act of negligence of ' User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, of S , customers. City may, at its option,repair such damage, and User agrees to reimburse City for the total cost of repair. 12. PROPERTY BELONGING TO USER City shall not be responsible for lost, stolen, or damages property belonging to User, its partners, agents, servants, contractors,representatives, guests, employees,invitees, or customers, 13. NOTICE j Any notice,tender,demand, delivery, or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such addresses as either party may later specify in writing.Notice is deemed effective on the date it is given if hand-delivered or received by facsimile that day. Notice given by U.S, mail shall be deemed to have been given three (3) business days after it is deposited in the U.S.mail,postage prepaid and addressed as follows: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana,CA 92702-1988 With copies to: Executive Director of Parks,Recreation and Community Services City of Santa Ana 20 Civic Center Plaza(M-23) P.O.Box 1988 Santa Ana, California 92702 Page 3 of 5 To User: Bongwon Kim 122 Spiral Irvine, CA 92618 kimbongwon 1030Omgmail.com 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and User regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the Facilities. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of User. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof,shall not bind or obligate User or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT User may not assign, transfer,delegate,or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. User shall not allow any other person or entity to use the Facilities without the prior written consent of City. 16. TERMINATION This Agreement may be terminated by the City upon thirty(30) days written notice. 17. NONDISCRIMINATION User shall not discriminate because of race,color,creed,religion,sex,marital status,sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status,age,national origin,ancestry,or disability,as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION- VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Page 4 of 5 Orange County,California, shall be the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. HaIl Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO USER: i City Attorney Bangw Kim(May 28.2026 16.21.44 POT) Jonathan T. Martine By: Bongwon Kim Assistant City Attorney Title:Bongwon Kim RECOMMENDED FOR APPROVAL: Scott Executive ector of Parks, i Recre ' n an urri Services Agency f Page 5 of 5 i i EXHI iy Aryr� A SCOPE OF SERVICES 3 I i i I f Scope of Services 1. DESCRIPTION OF USE Bongwon Kim("User","Bongwon Kim")is an individual focused on developing and providing advanced golf performance training. Bonnon Kim may conduct the following activities at designated areas within permitted Citv of Santa Ana Facilities: a. Small Group Golf Lessons,Camps and Programs A structured golf program offering participants the opportunity to develop and refine golf skills through structured practices.Participants will receive coaching focused on technique,physical conditioning,and sportsmanship,while fostering personal growth,discipline,and goal-setting. b. Private Golf Lessons This program will provide private,performance-focused instruction for up,intended to support golfers in achieving higher levels of technical proficiency and competitive readiness through customized coaching. 2. FACILITIES User is permitted to operate the programming outlined in this Agreement at the following City of Santa Ana Facilities ("Facilities"): a. River View Golf Course 1800 W. Santa Clara Ave, i Santa Ana,CA 92706 User shall use the Facilities solely for the purposes outlined in this Agreement and for no other purpose without the City's prior written consent. User shall not access or use the Facilities unless a City-authorized representative or designee is present.Assigned days,times,and designated areas are subject to modification during the period of this Agreement if required for City programs, maintenance, special events, or other operational needs, as determined by the City or assigned designee in its sole discretion. User shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances.User shall further comply with all directives issued by City of Santa Ana personnel or assigned designee, and applicable golf rules as may be promulgated from time to time by the City or assigned designee. User hereby acknowledges receipt of and agrees to comply with all current golf rules. The City reserves the right to relocate,reschedule, or suspend User's use if the scheduled Facility becomes inoperable, unsafe, or otherwise unavailable due to maintenance, emergency conditions, or operational necessity, as determined by the City or assigned designee. { r i i 3. TERMS OF USE i For a period of one (1) year, commencing July 1, 2026 and terminating June 30, 2027 ("Term"), Bongwon Kim may conduct golf programming during dates,times, and locations assigned weekly by City's assigned designee managing day-to-day golf course operations. Beginning July 1,2026,User shall be provided with City-designated driving range stations at River View Golf Course during operating hours as assigned by City's assigned designee. Requests for space allocations shall be.made to City's assigned designee prior to use. User shall be responsible for managing participant attendance and submit attendance reports to City's assigned designee monthly. The City and its' assigned designee reserve the right to require adjustments to the schedule, staffing, or facility use based on the anticipated attendance. User shall provide City's assigned designee with written notice 30 days in advance of all group lessons and golf camps, All participants,shall execute the City of Santa Ana class waiver prior to facility entry.Participants under the age of eighteen (18) must have the waiver executed by a parent or legal ,guardian. Executed waivers shall be collected by User, submitted to City's assigned designee, and retrain � valid and on file for the duration of the Tenn. User shall be responsible for managing participant and spectator conduct. Spectators, including 3 parents and guardians, shall remain in designated viewing areas and shall not be permitted unless authorized by City's assigned designee. User shall not sell, distribute, or otherwise provide for compensation any food, beverages, I concessions, merchandise, or promotional items at the Facilities without prior written approval from the City's assigned designee. This prohibition shall include,but not be limited to,sales conducted by User's employees,agents, representatives, volunteers, participants,parents,or affiliated organizations. User shall not permit any third party to conduct sales, fundraising, or commercial activity at the Facilities in connection with User's programming without prior written approval from the City's assigned designee. 4. PERSONNEL I User shall provide qualified, certified golf coaches for all golf activities conducted at City of Santa Ana facilities. User shall be solely responsible for the supervision, conduct, and control of its employees, agents,representatives,volunteers, and participants at all times. User shall not permit any third party, independent contractor,parent,or participant to provide golf instruction or conduct golf programming at the Facilities without prior written approval from the City.User shall not sublicense, assign,or otherwise permit third parties to utilize the Facilities for aquatic programming under this Agreement without prior written approval by the City. User shall ensure that all employees, agents,and representatives who work with or are in proximity to minors have successfully completed background screening and any other required certifications in compliance with applicable federal, state, and local requirements.User represents and warrants i If that such personnel are legally eligible and suitable to work with minors. I User shall ensure that no User personnel engage in one-on-one supervision of a minor in locker rooms, restrooms, or other private areas at the Facilities. User shall maintain appropriate supervision of participants at all times in all areas of the Facility,including locker rooms,spectator areas,and pool deck spaces. User shall be responsible for any injuries, losses, or damages arising out of or related to golf programming activities except to the extent caused by sole negligence or willful misconduct of the City. City's assigned designee shall conduct facility opening and closing procedures, and maintain required maintenance levels and ensure compliance with applicable health and safety regulations. The City reserves the right to immediately suspend golf activities due to weather conditions, air quality concerns,mechanical failure, contamination events, or any other condition deemed unsafe for continued use, as determined by the City in its sole discretion. 5. EQUIPMENT User shall be solely responsible for providing and maintaining all golf lesson related equipment, including, Storage of User equipment at the Facilities may be requested in writing and shall be subject to prior written approval by the City's assigned designee. Approval, if granted, may be revoked at the City's discretion. Any equipment stored at City Facilities must be well-maintained and kept orderly. User may display prograrn-related signage at the Facilities only with the City's assigned designee F prior written approval. All proposed banners shall be either jointly produced in coordination with i the City in accordance with the City's style guide standards or submitted by User for review and i approval prior to installation. User shall be solely responsible for all costs associated with the design,production, and installation of approved banners or signage. Approved banners shall be limited to designated display areas as determined by the City's assigned designee and shall comply with all size, content, placement, and installation requirements established by the City's assigned designee.All banners and signage shall be installed and removed in a manner that does not damage City property.User shall be responsible for any damage resulting from the installation,display, or removal of such materials.The City's assigned designee reserves the right to require the removal of any banner or signage at any time, in its sole discretion. User shall promptly notify the City's assigned designee, of any building or facility issues, including damage,vandalism,or theft. 6. PAYMENT i The User shall pay a base fee of Five Hundred Dollars ($500.00) per month for the use of the Facility,for a total annual base fee of Six Thousand Dollars ($6,000)during the Term. i i I The City shall issue invoices for all assessed fees on a monthlybasis(or other agreed billing cycle). Late payments may be subject to penalties or interest as permitted by law. 7. NO EXCLUSIVE RIGHTS E Nothing in this Agreement shall be construed to grant User any exclusive rights to use the Facilities or any portion thereof: The City's assigned designee reserves the right to schedule, operate, and permit the use of the Facilities by other individuals, organizations, or programs at any time, including during the Term of this Agreement. User acknowledges that its use of.the Facilities is nonexclusive and subordinate to City programs, maintenance activities, special events, or other operational needs, as determined by the City in its sole discretion. Nothing in this Agreement shall be interpreted to create any priority schcduling rights, continued 4 use rights, or expectation of renewal beyond the Term stated herein. i EXMBZT B INSURANCE REQUIREMENTS f f f i I I i Insurance Requirements User shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE User shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as; • Commercial General Liability (COL); Insurance Services Office Form CO 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage,bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and$2,000,000 aggregate. • Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, User shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than$1,000,000 per occurrence or claim. • Automobile Liability(AL): Insurance Services Office Form.CA.00 01 covering Code l (any auto),with combined single limits of$1,000,000. In the event User does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance,provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000, Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC). as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if User has no employees. User attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services. If User maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to.City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions: 1. CGL, SA.ML and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the User including materials,parts,equipment, and personnel furnished in connection with such work or operations. I' i 2. CGL,AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council,its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by User for City. 3. All required insurance policies:For any claims related to this contract,User's insurance coverage shall be primary and any insurance maintained by City, its City i Council,its officers, officials, employees, agents,or volunteers shall not contribute with it. 4. All required insurance policies:A severability of interest provision must apply for all the additional insureds, ensuring that User's insurance shall apply separately to each I insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall-provide that coverage shall not be canceled, suspended, voided,reduced in coverage or in limits,non-renewed by the carrier, or materially changed except after thirty(30) days prior written notice has been given to City.Ten(10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. [ 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks,Recreations, and Community Services Agency, 20 Civic Center Plaza M-23, Santa Ana, CA 92701,The name and the location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require User to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration,and defense expenses within the retention. F Acceptability of Insurers r Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M.Best rating of no less than A H,unless otherwise acceptable to City. Verification of Coverage User shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins.However, failure to obtain the required documents prior to the work beginning shall not waive User's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims blade Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. i 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another alairns-made policy form with a retroactive date prior to the contract effective date,User must purchase "extended reporting" coverage for a minimum of three(3)years after completion of work. Subcontractors User shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and User shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits,based on the nature of the risk,prior experience,insurer, coverage,or other special circumstances. i i II E i • i FACILITY USE AGREEMENT WITH I YOUNG IM I WON VICTORIA FOR USE OF RIVER VIEW GOLF COURSE THIS FACILITY USE AGREEMENT is made and entered into on June 16 h, 2026, by and between Kyoung Im Kwon Victoria ("User"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the.State of California ("City"). City and User may be collectively referred to as the"parties" or individually as a"Party". RECITALS i A. The User has a need for a venue to conduct golf instruction and/or lessons. I B. The City acknowledges the community need for programs such as those offered by User that expand competitive, and non-competitive athletic opportunities within the City of Santa Ana. C. The Parties have entered into this Agreement for the purpose of setting forth the terms and conditions for the User to use designated areas at the River View Golf Course for the i administration of golf instruction,and/or lessons. The parties agree as follows: 1. GRANT OF PERMISSION AND FACILMES TO BE USED City hereby grants User the limited,nonexclusive right to utilize designated areas of River View Golf Course ("Facilities") to provide golf instruction and/or lessons pursuant to the Scope of Use set forth in Exhibit A, attached hereto and incorporated herein by reference. 2. :COMPENSATION For the use-of the Facilities described in Section 1 of this Agreement,User shall pay City fees as described in Exhibit A. 3. TERM The term of this Agreement shall begin on July 1, 2026 and terminate on June 30, 2027; unless terminated pursuant to the terms of this Agreement. 4. COMPLIANCE WITH RULES AND REGULATIONS � User shall use and occupy the Facilities in a safe and careful manner and shall comply with ; all applicable local,state, and federal laws in its use of and activities in the Facilities,including as to the conduct of its employees, agents, clients, customers, guests, and others•using the Facilities by reason of this Agreement. User shall also comply with all rules and regulations of City in effect during its use of-the Facilities.Failure to abide by such laws,rules,or regulations,or any condition Page 1 of 5 of this Agreement,may result in the immediate termination of this Agreement in the sole discretion of the City. 5. BACKGROUND CHECKS User shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement. User shall not assign any employee, agent, subcontractor, volunteer or the User personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the User personally are required to register as a sex offender under California Penal Code Section 290 et seq,have a conviction for any crime of moral turpitude,have a conviction.for a sexual based crime, have a-conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37,128, 136.1 with Section 186.22,187, 190-190.4 and 192(4),205,206,207-209.5,211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1,266,266c, 266h,266i,266j, 267,269,272,273a,273ab,273d,285, 286,288,288a, 288.2, 288.3;288.4,288.5,288.7,289,290,,311.1,311.2, 311.3,311.4,311.10, 311.11, 314,347(a),368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 19745, 1875% or 18755, 12022.53, 11418(b)(1)or(b)(2);Business and Professions Code Section 729.' 6. INDEMNIFICATION User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any-and all claims, damages, judgments, attorney's fees, costs and expenses arising out of, involving, or in connection with the use of the Facilities or the acts or omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute permitted uses of the Facilities. 7. INSURANCE Insurance requirements are attached hereto and incorporated herein as Exhibit B. 8. CONFLICT OF INTEREST CLAUSE User covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, i i I 9. FORCE MAJUERE In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other I Page 2 of 5 i i i action by governmental agencies,or for any reason beyond the control of City, City shall have the right to terminate this Agreement without penalty. 10. LICENSES AND PERMITS User represents and warrants that it, and any agents, independent contractors, subcontractors,vendors,or others acting on its behalf under or with respect to this Agreement,will at all times during the term of this Agreement have and maintain in force any and all licenses, permits,or approvals required-by law for the conduct of User's activities under this Agreement. 11. DAMAGE TO FACILITIES i User shall be liable for any damage to the Facilities caused by any act of negligence of User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. City may, at its option,repair such damage, and User agrees to reimburse City for the total cost of repair. i 12, PROPERTY BELONGING TO USER City shall not be responsible for lost, stolen, or damages property belonging to User, its partners, agents, servants,contractors,representatives, guests, employees,invitees,or customers, 13. NOTICE Any notice,tender,demand, delivery,or other communication pursuant to this Agreement shall be in writing and directed to.the addresses below or such addresses as either party may later specify in writing, Notice is deemed effective on the date it is given if hand-delivered or roceived by facsimile that day. Notice given by U.S. mail shall be deemed to have been given three (3) business days after-it is deposited in the U.S.mail,postage prepaid and addressed as follows: To City: City Clerk City of Santa Ana 20 Civic'Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With copies to: Executive-Director of Parks,Recreation and Community Services City of Santa Ana 20 Civic Center Plaza(M-23) P.O. Box 1988 Santa Ana, California 92702 i i Page 3 of 5 i To User: Kyoung Ian Kwon Victoria 11150 James Pl. Cerritos, CA 90703 golf, tVict_cr ',grgail.coin 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive; statement between the City and User regarding the aibject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the facilities. her, the event of a conflict between the tents of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of User. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof,shall not bind or obligate User or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT User rrray not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. User shall not allow any other person or entity to use the Facilities without the prior written consent of City. 116. TERMINATION This Agreement may be terminated by the City upon thirty(30) days written notice, 17. NONDISCRIMINATION User shall not discriminate because of race,color,creed,religion,sex,marital status,sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status,age,national origin, ancestry,or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. I I 18, JURISDICTION m VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be deter pined and governed by the laws of the State of California.. Both parties further agree that Page 4 of 5 Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties.and that by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA I Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO USER: City Attorney VJG�O�Ia 1�W0�1 Victoria Kwon(May 29,2026 0032:40 POT) Jonathan AT. By: Kyoung Im Victoria Kwo Assistant City Attorney Title:Golf instructor RECOMMENDED FOR APPROVAL: t teuti Scott rector of Parks, Recreation and Community Services Agency Page 5 of 5 EXHIBIT A SCOPE OF SERVICES i I I i I i i i Scope of Services 1. DESCRIPTION OF USE i Kyoung Im Kwon Victoria("User","Kyoung Im Kwon Victoria'.')is an individual focused on developing and providing advanced golf performance training. j Kyoung Im Kwon 'Victoria nay conduct the following activities atd_esienated areas within permitted City of Santa Ana Facilities: a. Small Group Golf Lessons, Camps and Programs A structured golf program offering participants the opportunity to develop and refine golf skills through structured practices. Participants will receive coaching focused on technique,physical conditioning,and sportsmanship,while fostering personal growth,discipline,and goal-setting. b. Private Golf Lessons This program will provide private,performance-focused instruction for up,intended to support golfers in achieving higher levels of technical proficiency and competitive readiness through customized coaching. ' 2. FACHATIES i User is permitted to operate the programming outlined in this Agreement at the following City of Santa Ana Facilities("Facilities"): a. River View Golf Course 1800 W. Santa Clara Ave. Santa Ana,CA 92706 User shall use the Facilities solely for the purposes outlined in this Agreement and for no other purpose without the City's prior written consent. User shall not access or use the Facilities unless a City-authorized representative or designee is present.Assigned days,times,and designated areas are subject to modification during the period of this Agreement if required for City programs, maintenance, special events, or other operational needs, as determined by the City or assigned designee in its sole discretion. User shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances. User shall further comply with all directives issued by City of Santa Ana personnel or assigned designee, and applicable golf rules as may be promulgated from time to time by the City or assigned designee. User hereby acknowledges receipt of and agrees to comply with all current golf rules. The City reserves the right to relocate,reschedule, or suspend User's use if the scheduled Facility becomes inoperable,unsafe, or otherwise unavailable due to maintenance, emergency conditions, or operational necessity, as determined by the City or assigned designee. I� i f i E I 3. TERMS OF USE i For a period of one (1) year, commencing July 1, 2026 and terminating rune 30, 2027 ("Term"), Kyoung Im ICwon 'Victoria may conduct golf programming during dates, times, and locations assigned weekly by City's assigned designee managing day-to-day golf course operations. i Beginning July 1,2026,User shall be provided with City-designated driving range stations at River View Golf Course during operating hours as assigned by City's assigned designee. Requests for space allocations shall be made to City's assigned designee prior to use.User shall be responsible for managing participant attendance and submit attendance reports to City's assigned designee monthly. The City and its' assigned designee reserve the right to require adjustments to the schedule, staffing, or facility use based on the anticipated attendance. User shall provide City's assigned designee with written notice 30 days in advance of all group lessons and golf camps. All participants,shall execute the City of Santa Ana class waiver prior to facility entry,Participants under the age of eighteen (18) must have the waiver executed by a parent or legal guardian. Executed waivers shall be collected by User, submitted to City's assigned designee, and remain valid and on file for the duration of the Term. User shall be responsible for managing participant and spectator conduct. Spectators, including , parents and guardians, shall remain in designated viewing areas and shall not be permitted unless i authorized by City's assigned designee. User shall not sell, distribute, or otherwise provide for compensation any food, beverages, concessions, merchandise, or promotional items at the Facilities without prior written approval from the City's assigned designee. This prohibition shall include,but not be limited to, sales conducted by User's employees,agents, representatives, volunteers,participants, parents, or affiliated organizations.User shall not permit any third party to conduct sales, fundraising, or commercial activity at the Facilities in connection with User's programming without prior written approval from the City's assigned designee. 4. PERSONNEL User shall provide qualified,certified golf coaches for all golf activities conducted at City of Santa Ana facilities. User shall be solely responsible for the supervision, conduct, and control of its employees, agents,representatives, volunteers,and participants at all times. User shall not permit any third party,independent contractor,parent,or participant to provide golf instruction or conduct golf programming at the Facilities without prior written approval from the City.User shall not sublicense,assign,or otherwise permit third parties to utilize the Facilities for aquatic programming under this Agreement without prior written approval by the City. User shall ensure that all employees,agents,and representatives who work with or are in proximity to minors have successfully completed background screening and any other required certifications in compliance with applicable federal,state,and local requirements.User represents and warrants ' I I that such personnel are legally eligible and suitable to work with minors. User shall ensure that no User personnel engage in one-on-one supervision of a minor in locker rooms, restrooms, or other private areas at the Facilities. User shall maintain appropriate supervision ofparticipants at all times in all areas of the Facility,including locker rooms, spectator areas, and pool deck spaces. User shall be responsible for any injuries, losses, or damages arising out of or related to golf programming activities except to the extent caused by sole negligence or willful misconduct of the City. City's assigned designee shall conduct facility opening and closing procedures, and maintain required maintenance levels and ensure compliance with applicable health and safety regulations. ! The City reserves the right to immediately suspend golf activities due to weather conditions, air quality concerns,mechanical failure, contamination events,or any other condition deemed unsafe for continued use, as determined by the City in its sole discretion. 5. EQUIPMENT 1 User shall be solely responsible for providing and maintaining all golf lesson related equipment, including. Storage of User equipment at the Facilities may be requested in writing and shall be subject to prior written approval by the City's assigned designee. Approval, if granted, may be revoked at the City's discretion. Any equipment stored at City Facilities must be well-maintained and kept orderly. User may display program-related signagc at the Facilities only with the City's assigned designee prior written approval. All proposed banners shall be either jointly produced in coordination with i -the City in accordance with the City's style guide standards or submitted by User for review and approval prior to installation. User shall be solely responsible for all costs associated with the design,production, and installation of approved banners or signage. Approved banners shall be limited to designated display areas as determined by the City's assigned designee and shall comply with all size, content, placement, and installation requirements established by the City's assigned designee.All banners and signage shall be installed and removed in a manner that does not damage City property.User shall be responsible for any damage resulting from the installation,display,or removal of such materials.The City's assigned designee reserves the right to require the removal of any banner or signage at any time, in its sole discretion. ' i User shall promptly notify the City's assigned designee, of any building or facility issues, including damage,vandalism, or theft. 6. PAYMENT j The User shall pay a base fee of Five Hundred Dollars ($500.00) per month for the use of the Facility, for a total annual base fee of Six Thousand Dollars ($6,000) during the Term. i i I I i I � I i i The City shall issue invoices for all assessed fees on a monthly basis(or other agreed billing cycle). Late payments may be subject to penalties or interest as permitted by law. 7. NO EXCLUSIVE RIGHTS i i Nothing in this Agreement shall be construed to grant User any exclusive rights to use the Facilities or any portion thereof. The City's assigned designee reserves the right to schedule, operate, and -permit the use of the Facilities by other individuals, organizations, or programs at any time, including during the Term of this Agreement. User acknowledges that its use of the Facilities is non-exclusive and subordinate to City programs, ; maintenance activities, special events, or other operational needs,as determined by the City in its sole discretion. Nothing in this Agreement shall be interpreted to create any priority scheduling rights, continued use rights, or expectation of renewal beyond the Term stated herein. i i I I I I EXHIBIT]B [ INSURANCE REQUIREMENTS j i i I I I I' I i I { r i i E f Insurance Requirements. E User shall procure and maintain for the duration of the agreement,the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE User shall maintain limits of insurance coverage in the following minimum amounts and shall be at Ieast as broad as: e Commercial General Liability(CGL):Insurance Services Office Form CG 00 01 covering COL on an"occurrence"basis, including products and completed operations,property damage,bodily injury and personal & advertising injury with limits no less than$1,000,000 per occurrence and $2,000,000 aggregate. Sexual Abuse or Molestation Liability (SAML): If the COL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, User shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than$1,000,000 per occurrence or claim. • Automobile Liability(AL):Insurance Services Office Farm CA 00 01 covering Code 1 (any auto),with combined single limits of$1,000,000.In the event User does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000.Required policy limits can be net with primary and umbrella/excess insurance policies. s Workers,' Compensation(WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than$1,000,000 per accident,per employee, per policy for bodily injury or disease.This requirement can be waived if User has no employees. User attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services. If User maintains broader coverage andlor higher limits than the minimums shown above,City requires and shall be entitled to the broader coverage and/or the higher limits maintained by User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions: 1. COL, SAML and AL policies: City of Santa Ana,its City Council,its officers,officials, employees,agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the User including materials,parts,equipment,and personnel fin-nished in connection with such work or operations. 2. CCL,AL,and WC policies: Insurance company(ies)agrees to waive all rights of subrogation against City,its City Council,its officers,officials,employees,agents, and volunteers for losses paid under the terms of any policy which arise from work performed by User for City. I I i I i 3. All required insurance policies:For any claims related to this contract,User's insurance coverage shall be primary and any insurance maintained by City,its City Council,its officers, officials, employees,agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds,ensuring that User's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,voided,reduced in coverage or in limits,non-renewed by the carrier,or materially changed except after thirty(30) days prior written notice has been given to City.Ten(10) days prior written notice shall be provided to City for policy cancellation or-non-renewal due to non.-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks,Recreations,and Community Services Agency,20 Civic Center Plaza M- 23, Santa Ana,CA 92701.The name and the location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions � Self-insured retentions must be declared to and approved by the City. City may require User to purchase coverago with a lower retention or provide proof of ability to pay losses and related investigations,claim administration,and defense expenses within the retention. Acceptability of insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a I current A.M.Best rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage User shall furnish.City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) I and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins.However,failure to obtain the required documents prior to the work beginning shall not waive User's obligation to provide them, City reserves the right to require complete,certified copies of all required insurance policies,including endorsements required by these specifications,at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2.Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3.If coverage is canceled or non-renewed,and not replaced with another claims-made policy form , with a retroactive date prior to the contract effective date,User must purchase"extended reporting" coverage for a minimum of three(3)years after completion of work. i I Subcontractors User shall require and verify that all sub-contractors maintain insurance meeting all the requirements ,stated herein, and User shall ensure that City is an additional insured on insurance required from sub-contractors. f I Special Risks or Circumstances City reserves the right to modify these requirements,including limits,based on the nature of the risk, prior experience,insurer,coverage, or other special circumstances. I, I 1 s i • I f f i f i I i I FACILITY USE AGREEMENT WITH ROBERT W. STEVENS FOR USE OF RIVER VIEW GOLF COURSE THIS FACILITY USE AGREEMENT is made and entered into on June 16', 2026, by and between Robert W. Stevens ("User"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). City and User may be collectively referred to as the"Parties"or individually as a"Party". RECITALS A. The.User has a need for a venue to conduct golf instruction and/oor lessons. B. The City acknowledges the community need for programs such as those offered by User that expand competitive, and non-competitive athletic opportunities within the City of Santa Ana, C. The Parties have entered into this Agreement for the purpose of setting forth the terms and conditions for the User to use designated areas at the Sliver View Golf Course for the administration of golf instruction and/or lessons. The parties agree as follows. 1. GRANT OF PERMISSION AND FACILITIES TO BE USED City hereby grants User the limited,non-exclusive right to utilize designated areas of River View Golf Course-("Facilities') to provide golf instruction and/or lessons pursuant to the Scope of Use set forth in Exhibit A, attached hereto and incorporated herein by reference. 2. COMPENSATION For the use of the Facilities described in Section I of this Agreement, User shall pay City fees as described in,Exhibit A. 3. TERM The term of:this Agreement shall begin on July 1, 2026 and terminate on June 30, 2027, unless terminated pursuant to the terms of this Agreement. 4. COMPLIANCE WITH RULES AND REGULATIONS User shall use and occupy the Facilities in a safe and careful rnananer and shall comply with all applicable local,state, and federal laws in its use of and activities in the Facilities,including as to the conduct of its employees, agents, clients, customers, guests, and others using the Facilities by reason of this Agreement.User shall also comply with all rules and regulations of City in effect during its use of the Facilities.Failure to abide by such laws,rules,or regulations,or any condition Page I of 5 I of this Agreement,may result in the immediate termination of this Agreement in the sole discretion of the City. 5. BACKGROUND CHECKS User shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting.any work pursuant to this Agreement.User shall not assign any employee, agent, subcontractor, volunteer or the User personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the User personally are required to register as a sex offender under California Penal Code Section 290 et seq,have a conviction for any crime of moral turpitude,have a conviction for a sexual based crime, have a conviction for a violent felony as defined in California Penal Code Section 667.5(c),or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a),205,206,207-209.5,211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c,266h, 266i,266j,267, 269,272,273a,273ab,273d,285,286,288,288a, 288.2, 288.3,288,4,288.5,288.7,289,290,311.1,311.2,3113,311.4, 311.10,3.11.11,314,347(a),368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1)or(b)(2); Business and Professions Code Section 729.' 6. INDEMNIFICATION User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all claims, damages, judgments, attorney's fees, costs and expenses arising out of, involving, or in connection with the use of the Facilities or the acts or omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions, constitute ; permitted uses of the Facilities. 7. INSURANCE Insurance requirements are attached hereto and incorporated herein as Exhibit B. 8. CONFLICT OF INTEREST CLAUSE. User covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with perfonnance of services specified under this Agreement. 9. FORCE LYAAJ V l'IRE In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other Page 2 of 5 action by governmental agencies,or for any reason beyond the control of City,City shall have the right to terminate this Agreement without penalty. 10. LICENSES AND PERMITS 1 User represents and warrants that it, and any agents, independent contractors, subcontractors,vendors,or others acting on its behalf under or with respect to this Agreement,will at all times.during the term of this Agreement have and maintain in force any and all licenses, permits,or approvals required by law for the conduct of User's activities under this Agreement. 11. DAMAGE TO 1FACMITICES User shall be liable for any damage to the Facilities caused by any act of negligence of User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. City may, at its option,repair such damago, and User agrees to reimburse City for the total cost of repair. i 12. PROPERTY BELONGING TO USER i City shall not be responsible for lost, stolen, or damages property belonging to User, its partners, agents,servants, contractors,representatives,guests, employees,invitees,or customers. 13. NOTICE Any notice,tender, demand, delivery,or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such addresses as either party;may later specify in writing.Notice is deemed effective on the date it is given if hand-delivered or received by facsimile that day. Notice given by U.S. mail shall be deemed to have been given three (3) business days after it is deposited in the U.S.mail,postage prepaid and addressed as follows: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 i Santa Ana,CA 92702-1988 With copies to: Executive Director of Parks,Recreation and Community Services City of Santa Ana 20 Civic Center Plaza(M-23) ! P.O.Bost 1988 Santa Ana,California 92702 Page 3 of S i To User: Robert W. Stevens 45 Augusta Irvine, CCA, 92620 rstev"s ra @ nsn.com i 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and User regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the Facilities. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of User. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition. to, the terms and conditions hereof,shall not bind or obtigate User or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements,orally or otherwise, have been made by any party, or anyone acting on behalf of any party,which are not embodied herein. 15. ASSIGNMENT User may not assign,transfer,delegate, or subcontract any interest Herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered gull and void, User shall not allow any other person or entity to use the(Facilities without the prior written consent of City. 16. TERMINATION This Agreement may be terminated by the City upon thirty(30)days written notice. 17. NONDISCRIMINATION User shall not discriminate because of race,color,creed,religion,sex,marital status,sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status,age, national origin, ancestry,or disability,as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termirration or other employment related activities or any services provided under this Agreement. User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. i 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shalt be determined and governed by the laws of the State of California. Both parties further agree that Page 4 of 5 Orange County,California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L.Hall Alvaro Nunez I City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO USER: City Attorney Robert W.Stevens(May 25,2026 15:32 19 PDT) i Jonathan T. Martine By: Robert Stevens Assistant City Attorney Title:Golf Instructor RE MMENDED RR VAL: CC - H k Sco ` �Execuriv ector o aiks, Recreation and Community Services Agency Page 5 of 5 I EXHIBIT A SCOPE OF SERVICES j i i i i I i Scope of Services 1. DESCRIPTION OF USE Robert W. Stevens ("User", "Robert W. Stevens") is an individual focused on developing and providing advanced golf performance training. Robert W. Stevens may conduct the following activities at designated areas within permitted City of Santa Ana Facilities: a. Small Group Golf Lessons, Camps and Programs A structured golf program offering participants the opportunity to develop and refine golf skills through structured practices. Participants will receive coaching focused on technique,physical conditioning,and sportsmanship,while fostering personal growth,discipline,and goal-setting. b. Private Golf Lessons 'This program will provide private,performance-focused instruction for up,intended to support golfers in achieving higher levels of technical proficiency and competitive readiness through customized coaching. 2. FACILITIES User is permitted-to operate the programming outlined in this Agreement at the following City of Santa Ana Facilities ("Facilities"): a. River View Golf Course 1800 W. Santa Clara Ave. Santa Ana, CA 92706 User shall use the Facilities solely for the purposes outlined in this Agreement and for no other purpose without the City's prior written consent. User shall not access or use the Facilities unless a City-authorized-representative or designee is present.Assigned days,times, and designated areas are subject to modification duhng the period of this Agreement if required for City programs, maintenance, special events, or other operational needs, as determined by the City or assigned designee in its sole discretion. User shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances.User shall further comply with all directives issued by City of Santa Ana personnel or assigned designee, and applicable golf rules as may be promulgated from time to time by the City or assigned designee. User hereby acknowledges receipt of and agrees to comply with all current golf rules. The City reserves the right to relocate, reschedule,or suspend User's use if the scheduled Facility becomes inoperable, unsafe, or otherwise unavailable due to maintenance, emergency conditions, or operational necessity, as determined by the City or assigned designee. I i I 3. TERMS OF USE For a period of one (1) year, commencing July 1, 2026 and terminating June 30, 2027 ("Term"), Putting for Eagle may conduct golf programming during dates, times, and locations assigned weekly by City's assigned designee managing day-to-day golf course operations. Beginning July 1,2026,User shall be provided with City-designated driving range stations at River View Golf Course during operating hours as assigned by City's assigned designee. Requests for space allocations shall be made to City's assigned designee prior to use.User shall be responsible for managing participant attendance and submit attendance reports to City's assigned designee monthly. The City and its' assigned designee reserve the right to require adjustments to the schedule, staffing, or facility use based on the anticipated attendance. User shall provide City's assigned designee with written notice 30 days in advance of all group lessons and golf camps. All participants,shall execute the City of Santa Ana class waiver prior to facility entry.Participants under the age of eighteen (1 S) must have the waiver executed by a parent or legal guardian. Executed waivers shall be collected by User, submitted to City's assigned designee, and remain valid and on file for the duration of the Term. User shall be responsible for managing participant and spectator conduct, Spectators, including parents and guardians, shall remain in designated viewing areas and`shall not be permitted unless authorized by City's assigned designee. User shall not sell, distribute, or otherwise provide for compensation any food, beverages, concessions, merchandise, or promotional items at the Facilities without prior written approval from the City's assigned designee. i This prohibition shall include,but not be limited to, sales conducted by User's employees, agents, representatives,volunteers,participants,parents, or affiliated organizations.User shall not permit any third party to conduct sales, fundraising,-or commercial activity at the Facilities in connection with User's programming without prior written approval from the City's assigned designee. 4. PERSONNEL User shall provide qualified,certified•golf coaches for all golf activities conducted at City of Santa Ana facilities. User shall be solely responsible for the supervision, conduct, and control of its employees, agents,representatives,volunteers, and participants at all times, ' User shall not permit any third party,independent contractor,,parent, or participant to provide golf instruction or conduct golf programming at the Facilities without prior written approval from the .City.User shall not sublicense,assign, or otherwise permit third parties to utilize the Facilities for aquatic programming under this Agreement without prior written approval by the City. i User shall ensure that all employees,agents,and representatives who work with or are in proximity to minors have successfully completed background screening and any other required certifications in compliance with applicable federal,state, and local requirements. User represents and warrants I i I i i i i that such personnel are legally eligible and suitable to work with minors. User shall ensure that no User personnel engage in one-on-one supervision of a minor in locker rooms, restrooms, or other private areas at the Facilities. User shall maintain appropriate supervision ofparticipants at all times in all areas of the Facility,including locker rooms,spectator areas, and pool deck spaces, User shall be responsible for any injuries, losses, or damages arising out of or related to golf programming activities except to the extent caused by sole negligence or willful misconduct of the City. City's assigned designee shall conduct facility opening and closing procedures, and maintain 4 required maintenance levels and ensure compliance with applicable health and safety regulations. i The City reserves the right to immediately suspend golf activities due to weather conditions, air quality concerns,mechanical failure, contamination events, or any other condition deemed unsafe for continued use, as determined by the City in its sole discretion. i 5. EQUIPMENT I i User shall be solely responsible for providing and maintaining all golf lesson related equipment, including. Storage of User equipment at the Facilities may be requested in writing and shall be E subject to prior written approval by the City's assigned designee. Approval, if granted, may be revoked at the City's discretion. Any equipment stored at City Facilities must be well-maintained and kept orderly. i User may display program-related signage at the Facilities only with the City's assigned designee prior written approval. All proposed banners shall be either jointly produced in coordination with the City in accordance with the City's style guide standards or submitted by User for review and approval prior to installation. User shall be solely responsible for all costs associated with the design,production; and installation of approved banners or signage. Approved banners shall be limited to designated display areas as determined by the City's assigned designee and shall comply with all size, content, placement, and installation requirements established by the City's assigned designee.All banners and signage shall be installed and removed in a manner that does not damage City property.User shall be responsible for any damage resulting from the installation, display,or removal of such materials,The City's assigned designee reserves the right to require the removal of any banner or signage at any time,in its sole discretion. User shall promptly notify the City's assigned designee, of any building or facility issues, including damage,vandalism, or theft. 6. PAYMENT i The User shall pay a base fee of Five Hundred Dollars ($500.00) per month for the use of the Facility, for a total annual base fee of Six Thousand Dollars ($6,000) during the Tenn. The City shall issue invoices for all assessed fees on a inonithlybasis(or other agreed billing cycle). Late payments may be subject to penalties or interest as permitted by law. 7. NO EXCLUSWE RIGHTS Nothing in this Agreement shall be construed to grant User any exclusive rights to use the Facilities or any portion thereof. The City's assigned designee reserves the right to schedule, operate, and permit the use of the Facilities by other individuals, organizations, or programs at any time, including during the Term of this Agreement. User acknowledges that its use of the Facilities is non-exclusive and subordinate to City programs, maintenance activities, special events, or other operational needs, as determined by the City in its sole discretion. Nothing in this Agreement shall be interpreted to create any priority scheduling rights, continued use rights, or expectation of renewal beyond the Term stated herein. i S i E{ } yy� I I i 4 I I EXHIBIT B INSURANCE REQUIREMENTS I I i i Insurance Requirements User shall procure and maintain for the duration of the agreement,the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSL ANCE User shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability(COL):Insurance Services Office Form CG 00 01 covering CGL on an"occurrence"basis, including products and completed operations, property damage,bodily injury and personal & advertising injury with limits no less than$1,000,000 per occurrence and $2,000,000,aggregate. • Sexual Abuse or Molestation Liability ($AMIr): If the CGL policy referenced above is not. endorsed to include affirmative coverage for sexual abuse or molestation, User shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no"less than$1,000,000 per occurrence or claim. • Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code I (any auto),with combined single limits of$1,000,000.In the event User does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit'of$1,000,000,Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation(WC): as required by the State of California,with statutory limits, and Employer's Liability Insurance with limit of no less than$1,000,000 per accident, per employee, per policy for bodily injury or disease.This requirement can be waived if User has no employees, User attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services. If User maintains broader coverage and/or higher limits than the minimums shown above,City requires and shall be entitled to the broader coverage and/or the higher limits maintained by User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions: � I 1. CGL, SAML and AL policies: City of Santa.Ana,its City Council,its officers, officials, I employees,agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the User including materials,parts,equipment,and personnel furnished in connection with such work or operations. 2. CGL,AL,and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City,its City Council,its officers,officials, employees,agents,and volunteers for losses paid under the terms of any policy which arise from work performed by User for City. I E 3. All required insurance policies:For any claims related to this contract,User's insurance coverage shall be primary and any insurance maintained by City,its City Council,its officers, officials,employees,agents, or volunteers shall not contribute with it. 4. All required insm-ance policies:A severability of interest provision must apply for all the additional insureds, ensuring that User's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,voided,reduced in coverage or in limits,non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City.Ton(10) days prior written notice shall be provided to City for policy cancellation or non renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks,Recreations,and Community Services Agency,20 Civic Center Plaza M- 23, Santa Ana,CA 92701.The name and the Iocation of event should be included in the Description of Operations section of each certificate. I Self Insured Retentions j Self-insured retentions trust be declared to and approved by the City.City may require User to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,claim administration,and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no I=than A:VII,unless otherwise acceptable to City. � Verification of Coverage User shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins.However,failure to obtain the required documents prior to the work beginning shall not waive User's obligation to provide them. City reserves the right to require complete,certified copies of all required insurance policies,including endorsements required by these specifications,at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2.Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3.If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a retroactivetdate.prior to the contract effective date,User must purchase"extended reporting" coverage for a minimum of three(3)years after completion of work. Subcontractors User shall require and verify that all sub-contractors maintain insurance meeting all the j requirements stated herein, and User shall ensure that City is an additional insured on insurance required from sub-contractors. I I Special Risks or Circumstances City reserves the right to modify these requirements, including limits,based on the nature of:the risk, prior experience,insurer,coverage,or other special circumstances. i i i f 4 i FACILITY USE AGREEMENT WITH PUTTING FOR EAGLE FOR USE OF RIVER VIEW GOLF COURSE THIS FACILITY USE AGREEMENT is made and entered into on June 10h, 2026,by and between Putting for Eagle LLC, a Calif ornia limited liability company("User"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). City and User may be collectively referred to as the"Parties" or individually as a"Party". ' i RECITALS A. The User has a need for a venue to conduct golf instruction and/or lessons. i B. The City acknowledges the community need for programs such as those offered by User that expand competitive, and non-competitive athletic opportunities within the City of Santa Ana. C. The Parties have entered into this Agreement for the purpose of setting forth the terms and conditions for the User to use designated areas at the River View Golf Course for the administration of golf instruction and/or lessons. The parties agree as follows: i 1. GRANT OF PERMISSION AND FACILITIES TO BE USED City hereby grants User the limited,non-exclusive right to utilize designated areas of River View Golf Course ("Facilities") to provide golf instruction and/or lessons pursuant to the Scope of Use set forth in Exhibit A,attached hereto and incorporated herein by reference. 2. COMPENSATION For the use of the Facilities described in Section 1 of this Agreement,User shall pay City fees as described in Exhibit A. 3. TERM The term of this Agreement shall begin on July 1, 2026 and terminate on June 30, 2027, unless terminated pursuant to the terms of this Agreement. 4. COMPLIANCE WITH RULES AND REGULATIONS User shall use and occupy the Facilities in a safe and careful manner and shall comply with all applicable local, state, and federal laws in its use of-and activities in the Facilities,including as to the conduct of its employees, agents, clients,customers,guests, and others using the Facilities by reason of this Agreement.User shall also comply with all rules and regulations of City in effect during its use of the Facilities.Failure to abide by such laws,rules,or regulations,or any condition Page 1 of 5 1 of this,Agreement,may result in the immediate termination of this Agreement in the sole discretion of the City. 5. BACKGROUND CHECKS User shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement.User shall not assign any employee, agent, subcontractor, volunteer or the User personally to provide services pursuant to this ,agreement, if that employee, agent, subcontractor, volunteer, or the User personally are required to register as a sex offender under California Penal Code Section 290 et seq,have a conviction for any crime ofmoral turpitude,have a conviction for a sexual based crime, have a conviction for a violent felony as defined in California Venal Code Section 667.5(c),orhas a conviction for .a serious felony, as defined in California Penal Code Section 1192.7(c). Disqualifying,convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190,4 and 192(a),205,206,207-209.5,211, 212, 212.5, 213, 214, 215, 218-219, 220, 23 6.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1,266,266c,266h,266i,266j,267,269,272,273a,273ab,273d,285,286,288,288a,289.2, 288.32 289.4,288.5,288.7,289, 290,311.1,311.2,311.3,311.4,311.10;311.11,314,347(a),368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or(b)(2); Business and Professions Code Section 729.' 6. INDEMNIFICATION User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all claims, damages,judgments, attorney's fees, costs and expenses arising out of, involving, or in connection with the use of the facilities or the acts or omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute permitted uses of the Facilities. 7. INSURANCE Insurance requirements are attached hereto and incorporated herein as Exhibit R. 8. CONFLICT OF INTEREST CLAUSE User covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, 9. FORCE MAKERE In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other Page 2 of 5 i I i 3 1 action by governmental agencies, or for any reason beyond the control of City, City shall have the j right to terminate this Agreement without penalty. 10. LICENSES AND PERMITS User represents and warrants that it, and any agents, independent contractors, subcontractors,vendors,or others acting on its behalf under or with respect to this Agreement,will at all times during the term of this Agreement have and maintain in force any and all licenses, permits, or approvals required by law for the conduct of User's activities under this Agreement. 11. DAMAGE TO FACILITIES User shall be liable for any damage to the Facilities caused by any act of negligence of User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. City may,at its option, repair such damage, and User.agrees to.reimburse City for the total cost of repair. 12, PROPERTY BELONGING TO USER E City shall not be responsible for lost, stolen, or damages property belonging to User, its partners, agents, servants, contractors, representatives, guests, employees,invitees, or customers. i 13. NOTICE � Any notice,tender, demand, delivery,or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such addresses as either party may later specify in.writing.Notice is deemed effective on the date it is given if hand-delivered or received by facsimile that day. Notice given by U.S. mail skull be deemed to have been given three (3) business days after it is deposited in the U.S.mail,postage prepaid and addressed as follows: To City; City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ana, CA 92702-1988 With copies to: Executive Director of larks,Recreation and Community Services City of Santa Ana 20 Civic Center Plaza(M-23) P.O.Box 1988 Santa Ana, California 92702 i i Page 3 of 5 • To User: Putting for Eagle Attn: Shaun Abbot 3701 S Ocean Crst Santa Ana, CA 92704 puttin fg orea lg e00(ugnail.com 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and User regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the Facilities. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of User. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate User or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT User may not assign,transfer,delegate,or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. User shall not allow any other person or entity to use the Facilities without the prior written consent of City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30)days written notice. 17. NONDISCRIMINATION User shall not discriminate because of race,color,creed,religion,sex,marital status,sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status,age,national origin,ancestry,or disability,as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Page 4 of 5 Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO USER:. City Attorney �- sGcar�r �bbo�t -�� Shaun Abbott(May 28,2026 15:39*17 PDT) JonathanT.Martine By: Shaun Abbott Assistant City Attorn Title:Golf instructor RECOMMENDED FOR APPROVAL: c o vtt awk Recati on a nd , Community Services Agency i Page 5 of 5 I I I EXHIBIT A, SCOPE OF SERVICES i i i i I I i it Scope of Services 1. DESCRIPTION OF USE I Putting for Eagle ("User", "Putting for Eagle") is a limited liability company focused on j developing and providing advanced golf performance training. PUTTING FOR EAGLE may conduct the following activities at designated areas within permitted City of Santa Ana Facilities: a. Small Group Golf Lessons, Camps and Programs A structured golf program offbring participants the opportunity to develop and refine golf skills through structured practices. Participants will receive coaching focused on technique,physical conditioning, and sportsmanship,while fostering personal growth, discipline,and goal-setting, b. Private Golf Lessons This program will provide private,performance-focused instruction for up,intended to support golfers in achieving higher levels of technical proficiency and competitive readiness through customized coaching. 2. FACILITIES User is permitted-to operate the programming outlined in this Agreement at the following City of Santa Ana Facilities("Facilities"): r i a. River'View Golf Course 1800 W, Santa Clara Ave. Santa Ana, CA 92706 I User shall use the Facilities solely for the purposes outlined in this Agreement and for no other purpose without the City's prior written consent.User shall not access or use the Facilities unless a City-authorized representative or designee is present.Assigned days,times, and designated areas are subject to modification during the period of this Agreement if required for City programs, maintenance, special events, or other operational needs, as determined by the City or assigned designee in its sole discretion. User shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances.User shall further comply with all directives issued by City of Santa Ana personnel or assigned designee, and applicable golf rules as may be promulgated from time to time by the City or assigned designee. User hereby acknowledges receipt of and agrees to comply with all current golf rules. The City reserves the right to relocate, reschedule,or suspend User's use if the scheduled Facility becomes inoperable,unsafe,or otherwise unavailable due to maintenance, emergency conditions, or operational necessity,as determined by the City or assigned designee. I I I I a 3. 'PERMS OF USE For a period of one (1) year, commencing July 1, 2026 and terminating June 30, 2027 ("Term"), Putting for Eagle may conduct golf programming during dates, times, and locations assigned weekly by City'.s assigned designee managing day-to-day golf course operations. Beginning July 1,2026,User shall be provided with City-designated driving range stations at River View Golf Course during operating hours as assigned by City's assigned designee. Requests for space allocations shall be made to City's assigned designee prior to use.User shall be responsible for managing participant attendance and submit attendance reports to City's assigned designee monthly. The City and its' assigned designee reserve the right to require adjustments to the schedule, staffing, or facility use based on the anticipated attendance. User shall provide City's assigned designee with written notice 30 days in advance of all group lessons and golf camps. All participants,shall execute the City of Santa Ana class waiver prior to facility entry.Participants under the age of eighteen (18) must have the waiver executed by a parent or Legal guardian. Executed waivers shall be collected by User, submitted to City's assigned designee, and remain valid and on file.for the duration of the Term. User shall be responsible for managing participant and spectator conduct. Spectators, including parents and guardians, shall remain in designated viewing areas and shall not be permitted unless authorized by City's assigned designee. i User shall not sell, distribute, or otherwise provide for compensation any food, beverages, concessions, merchandise, or promotional items at the Facilities without prior written approval from the City's assigned designee. i This prohibition shall include,but not be limited to., sales conducted by User's employees, agents, representatives,volunteers,participants,parents,or affiliated organizations.User shalt not permit any third party to conduct sales, fundraising, or commercial activity at the Facilities in connection with User's programming without prior written approval from the City's assigned designee. 4. (PERSONNEL 'User shall provide qualified,certified golf coaches for all golf activities conducted at City of Santa Ana facilities. User shall be solely responsible for the supervision, conduct, and control of its employees, agents,representatives,volunteers,and participants at all times. User shall not permit any third party, independent contractor,,parent,or participant to provide golf instruction or conduct golf programming at the Facilities without prior written approval from the i City. User shall not sublicense,assign,or otherwise permit third parties to utilize the Facilities fot aquatic programming under this Agreement without prior written approval by the City. User shall ensure that all employees, agents,and representatives who work with or are in proximity to minors have successfully completed background screening and any other required certifications in compliance with applicable federall, state,and local requirements.User represents and warrants i that such personnel are legally eligible and suitable to work with minors. User shall ensure that no User personnel engage in one-on-one supervision of a minor in locker rooms, restrooms, or other private areas at the Facilities. User shall maintain appropriate supervision of participants at all tunes in all areas of the Facility,including locker rooms,spectator areas, and pool deck spaces. User shall be responsible for any injuries, losses, or damages arising out of or related to golf programming activities except to the extent caused by sole negligence or willful misconduct of the City. i City's assigned designee shall conduct facility opening and closing procedures, and maintain required maintenance levels and ensure compliance with applicable health and safety regulations. � The City reserves the right to immediately suspend golf activities due to weather conditions, air quality concerns,mechanical failure, contamination events, or any other condition deemed unsafe for continued use, as determined by the City in its sole discretion. i 5. EQUIPMENT i User shall be solely responsible for providing and maintaining all golf lesson related equipment, including. Storage of User equipment at the Facilities may be requested in writing and shall be subject to prior written approval by the City's assigned designee. Approval, if granted, may be revoked at the City's discretion. Any equipment stored at City Facilities must be well-maintained and kept orderly. User may display program-related signage at the Facilities only with the City's assigned designee � prior written approval. All proposed banners shall be either jointly produced in coordination with the City in accordance with the City's style guide standards or submitted by User for review and approval prior to installation. User shall be solely responsible for all costs associated with the design,production; and installation of approved banners or signage, Approved banners shall be limited to designated display areas as determined by the City's assigned designee and shall comply with all size, content, placement, and installation requirements established by the City's assigned designee.All banners and signage shall be installed and removed in a manner that does not damage City property.User shall be responsible for any damage resulting from the installation,display,or removal of such materials.The City's assigned designee reserves the right to require the removal of any banner or signage at any time, in its sole discretion. User shall promptly notify the City's assigned designee, of any building or facility issues, ' including damage,vandalism, or theft. 6. PAYMENT � The User shall pay a base fee of Five Hundred Dollars ($500.00) per month for the use of the , Facility, for a total annual base fee of Six Thousand Dollars($6,000) during the Term. The City shall issue invoices for all assessed fees on a monthly basis(or other agreed billing cycle). Late payments may be subject to penalties or interest as permitted by law. 7. NO EXCLUSIVE RIGHTS Nothing in this Agreement shall be construed to grant User any exclusive rights to use the Facilities or any portion thereof. The City's assigned designee reserves the right to schedule, operate, and permit the use of the Facilities by other individuals, organizations, or programs at any time, including during the'Perm of this Agreement. User acknowledges that its use of the Facilities is non-exclusive and subordinate to City programs, maintenance activities, special events, or other operational needs, as determined by the City in its sole discretion. Nothing in this Agreement shall be interpreted to create any priority scheduling rights, continued use rights, or expectation of renewal beyond the Term stated herein. i F S 1 f k S i I I EXHIBIT B INSURANCE REQUIREMENTS i � I I II f �I Insurance Requirements User shall procure and maintain for the duration of the agreement,the following insurance coverages: MIl1TIl1'IUM SCOPE AND LIMIT OF INSURANCE User shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability(COL):Insurance Services Office Form CG 00 01 covering CGL on an"occurrence"basis, including products and completed operations; property damage,bodily ; injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000�aggregate. • Sexual Abuse or Molestation Liability ($AML): If the COL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, User shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than$1,000,000 per occurrence or claim, • Automobile Liability(AL):Insurance Services Office Form CA 00 01 covering Code 1 (any auto),with combined single limits of$1,000,000.In the event User does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000.Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): as required by the State of California,with statutory limits, and Employer's Liability Insurance with limit of no less than$1,000,000 per accident, per employee, per policy for bodily injury or disease,This requirement can be waived if User has no employees. User attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services. I If User maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by User. Any available insurance proceeds in excess of the specified minimum limits of insurance and ' coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions: 1. CGL,SAML and AL policies: City of Santa Ana, its City Council,its officers, officials, I employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the User including materials,parts, equipment,and personnel furnished in connection with such work or operations. 2. CGL,AL, and WC policies: Insurance company(ies)agrees to waive all rights of subrogation against City,its City Council,its officers, officials, employees,agents, and volunteers for losses paid under the terms of any policy which arise from work performed by User for City. E I I 3. All required insurance policies:For any claims related to this contract,User's insurance coverage shall be primary and any insurance maintained by City,its City Council,its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies:A severability of interest provision must apply for all the additional insureds, ensuring that User's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each iinsurartce policy required herein shall provide that coverage shall not be canceled, suspended,voided, reduced in coverage or in limits,non-renewed by the carrier,or materially changed except after thirty(30)days prior written notice has been given to City.Ten(10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment, 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks,Recreations, and Community Services Agency;20 Civic Center Plaza M- 23,Santa Ana,CA 92701.The name and the location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City.City may require User to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,claim administration,and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M.Best rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage User shall furnish City with original Certificates'of Insurance including all required amendatory endorsements(or copies of the applicable policy Ianguage effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins.However,failure to obtain the required documents prior to the work beginning shall not waive User's obligation to provide them.City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications,at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2.Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work, 3.If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive•date prior to the contract effective date,User must purchase"extended reporting" coverage for a minimum of three(3)years after completion of work. Subcontractors User shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein; and User shall ensure that City is an additional insured on insurance required from sub-contractors. i Special Risks or Circumstances City reserves the right to modify these requirements,including limits,based on the nature of the risk, prior experience,insurer, coverage, or other special circumstances, i i i I i I i i FACILITY USE AGREEMENT WITH JAMIE ESTRA.DA FOR USE OF RIVER VIEW GOLF COURSE THIS FACILITY USE AGREEMENT is made and entered into on June 10h, 2026, by and between Jamie Estrada ("Uses"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). City and User may be collectively referred to as the"Parties"or individually as a"Party". RECITALS i A. The User has a need for a venue to conduct golf instruction and/or lessons. 1 � B. The City acknowledges the community need for programs such as those offered by User ' that expand competitive, and non-competitive athletic opportunities within the City of Santa Ana. C. The Parties have entered into this Agreement for the purpose of setting forth the terms and conditions for the User to use designated areas at the River View Golf Course,for the administration of golf instruction and/or lessons. The parties agree as follows: L GRANT OF PERMISSION AND FACILITIES TO BE USED City hereby grants User the limited,non-exclusive right to utilize designated areas of River View Golf Course ("Facilities") to provide golf instruction and/or lessons pursuant to the Scope of Use set forth in Exhibit A,attached hereto and incorporated herein,by reference. 2. COMPENSATION For the use of the Facilities described in Section 1 of this Agreement,User shall pay City fees as described in Exhibit A. 3. TERM The term of this Agreement shall begin on July 1,2026 and terminate on June 30, 2027, unless terminated pursuant to the terms of this Agreement. 4. COMPLIANCE WITH RULES AND REGULATIONS User shall use and occupy the Facilities in a safe and careful manner and shall comply with all applicable local,state, and federal laws in its use of and activities in the Facilities, including as to the conduct of its employees, agents, clients, customers, guests, and others using the Facilities by reason of this Agreement.User shall also comply with all rules and regulations of City in effect during its use of the Facilities.Failure to abide by such laws,rules,or regulations,or any condition R Pagel of 5 r fE f of this Agreement,may result in the immediate termination of this Agreement in the sole discretion of the City. I I 5. BACKGROUND CHECKS i User shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement. User shall not assign any employee, agent, subcontractor, volunteer or the User personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the User personally are required to register as a sex offender under California Penal Code Section 290 et seq,have a conviction for any crime of moral turpitude,have a conviction f6r a sexual based crime, + j have a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192,7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 13 6.1 with Section 186.22, 187, 190-190.4 and 192(a),205,206,207-209.5,211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4,,26l, 261.5, 273.5, 262, j 264.1, 266,266c, 266h, 266i,266j,267,269,272, 273a,273ab,273d,285, 286,288,288a, 288.2, f 288.3, 288.4,288.5,2$8.7,2$J,290,311.1, 311.2,311.3,311.4,311.10,311.11,314,347(a),368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, j 12022.53, 11418(b)(1) or(b)(2); Business and Professions Code Section 729.` i 6. INDEMNIFICATION User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all j claims, damages,judgments, attorney's fees, costs and expenses arising out of, involving, or in connection with the use of the Facilities or the acts or omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute permitted uses of the Facilities. 7. INSURANCE Insurance requirements are attached hereto and incorporated herein as Exhibit B. S. CONFLICT OF INTEREST CLAUSE User covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. I 9. FORCE MARE In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other Page 2 of 5 action by governmental agencies, or for any reason beyond the control of City,City shall have the right to terminate this Agreement without penalty. 10. LICENSES .AND PERMTS User represents and warrants that it, and any agents, independent contractors, subcontractors,vendors,or others acting on its behalf under or with respect to this Agreement,will at all times during the term of this Agreement have and maintain in force any and all licenses, permits, or approvals required by law for the conduct of User's activities under this Agreement. i 11. DAMGE TO FACILITIES User shall be liable for any damage to the Facilities caused by any act of negligence of User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. City may, at its option, repair such damage, and User agrees to reimburse City for the total cost of repair. 12, PROPERTY BELONGING TO USER City shall not be responsible for lost, stolen, or damages property belonging to User, its partners, agents, servants, contractors,representatives, guests, employees, invitees, or customers. 13. NOTICE Any notice,tender,demand, delivery, or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such addresses as either party may later specify in writing.Notice is deemed effective on the date it is given if hand-delivered or received by facsimile that day. Notice given by U.S. mail shall be deemed to have been given three (3) business days after it is deposited in the U.S,mail,postage prepaid and addressed as follows: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ana, CA 92702-1988 With copies to: Executive Director of Parks,Recreation and Conununity Services City of Santa Ana 20 Civic Center Plaza(M-23) P.O. Box 1988 Santa Ana, California 92702 To User: Jamie Estrada 909 W Riviera Dr Santa Ana, CA 92706 Page 3 of 5 istrada5 Ahotmail.com 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and User regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the Facilities. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of User. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof,shall not bind or obligate User or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements,orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT User may not assign, transfer,delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. User shall not allow any other person or entity to use the Facilities without the prior written consent of City. 16. TERMINATION This Agreement may be terminated by the City upon thirty(30) days written notice. 17. NONDISCRIMINATION User shall not discriminate because of race,color,creed,religion,sex,marital status,sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status,age,national origin,ancestry,or disability,as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 4 of 5 19. AUTHORITY The person(s) executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement,the Parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L.Hall Alvaro Nunez , City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO USER: City Attorney JonathanT. Martin y:JK�;f CSZA 4 i Assistant City Attorney Title:,, RECOMMENDED FOR APPROVAL: I'll ; Hawk Scott Executive Director of Parks, Recreation and Community Services Agency Page 5 of 5 f EXHIBIT A SCOPE OF SERVICES f � i I I Scope of Services 1. DESCRIPTION OF USE I Jamie Estrada ("User", "Jamie Estrada") is an individual focused on developing and providing advanced golf performance training. Jamie Estrada may conduct the following activities at designated areas within permitted City of Santa Ana Facilities: a. Small Group Golf Lessons, Camps and Programs A structured golf program offering participants the opportunity to develop and refine golf skills through structured practices. Participants will receive coaching focused on technique,physical conditioning,and sportsmanship,while fostering personal growth,discipline,and goal setting. b. Private Golf Lessons This program will provide private,performance-focused instruction for up,intended to support golfers in achieving higher levels of technical proficiency and competitive readiness through customized coaching. 2. FACILITIES j i User is permitted to operate the programming outlined in this Agreement at the following City of , Santa Ana Facilities ("Facilities"): i a. River View Golf Course 1800 W. Santa Clara Ave. Santa Ana, CA 92706 User shall use the Facilities solely for the purposes outlined in this Agreement and for no other purpose without the City's prior written consent. User shall not access or use the Facilities unless a City-authorized representative or designee is present, Assigned days,times,and designated areas are subject to modification during the period of this Agreement if required for City programs, maintenance, special events, or other operational needs, as determined by the City or assigned designee in its sole discretion. User shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances. User shall further comply with all directives issued by City of Santa Ana personnel or assigned designee, and applicable golf rules as may be promulgated from time to time by the City or assigned designee. User hereby acknowledges receipt of and agrees to comply with all current golf rules. , The City reserves the right to relocate,reschedule, or suspend User's use if the scheduled Facility becomes inoperable,unsafe, or otherwise unavailable due to maintenance, emergency conditions, or operational necessity, as determined by the City or assigned designee. II E 3. TERMS OF USE For a period of one (1) year, commencing July 1, 2026 and terminating June 30, 2027 ('Term"), Jamie Estrada may conduct golf programming during dates, times, and locations assigned weekly by City's assigned designee managing day-to-day golf course operations. Beginning July 1,2026,User shall be provided with City-designated driving range stations at River f View Golf Course during operating hours as assigned by City's assigned designee. Requests for space allocations shall be made to City's assigned designee prior to use. User shall be responsible for managing participant attendance and submit attendance reports to City's assigned designee j monthly. The City and its' assigned designee reserve the right to require adjustments to the schedule, staffing, or facility use based on the anticipated attendance. User shall provide City's assigned designee with written notice 30 days in advance of all group lessons and golf camps. All participants,shall execute the City of Santa Ana class waiver prior to facility entry.Participants under the age of eighteen (18) must have the waiver executed by a parent or legal guardian. Executed waivers shall be collected by User, submitted to City's assigned designee, and remain I valid and on file for the duration of the Term. , User shall be responsible for managing participant and spectator conduct. Spectators, including parents and guardians, shall remain in designated viewing areas and shall not be permitted unless ! authorized by City's assigned designee. ' User shall not sell, distribute, or otherwise provide for compensation any food, beverages, concessions, merchandise, or promotional items at the Facilities without prior written approval from.the City's assigned designee. This prohibition shall include,but not be limited to,sales conducted by User's employees, agents, representatives,volunteers,participants,parents, or affiliated organizations.User shall not permit any thud party to conduct sales, fundraising, or commercial activity at the Facilities in connection with User's programming without prior written approval from the City's assigned designee. 4. PERSONNEL User shall provide qualified, certified golf coaches for all golf activities conducted at City of Santa Ana facilities, User shall be solely responsible for the supervision, conduct, and control of its employees, agents,representatives,volunteers,and participants at all times. User shall not permit any third party,independent contractor,parent, or participant to provide golf instruction or conduct golf programming at the Facilities without prior written approval from the City.User shall not sublicense, assign,or otherwise permit third parties to utilize the Facilities for aquatic programming under this Agreement without prior written approval by the City. User shall ensure that all employees,agents,and representatives who work with or are in proximity to minors have successfully completed background screening and any other required certifications ; in compliance with applicable federal, state, and local requirements. User represents and warrants that such personnel are legally eligible and suitable to work with minors. User shall ensure that no User personnel engage in one-on-one supervision of a minor in locker rooms, restrooms, or other private areas at the Facilities. User shall maintain appropriate supervision of participants at all times in all areas of the Facility,including locker rooms,spectator areas, and pool deck spaces. User shall be responsible for any injuries, losses, or damages arising out of or related to golf programming activities except to the extent caused by sole negligence or willful misconduct of the City. City's assigned designee shall conduct facility opening and closing procedures, and maintain required maintenance levels and ensure compliance with applicable health and safety regulations. The City reserves the right to immediately suspend golf activities due to weather conditions, air quality concerns,mechanical failure,contamination events, or any other condition deemed unsafe for continued use, as determined by the City in its sole discretion. 5. EQUIPMENT User shall be solely responsible for providing and maintaining all golf lesson related equipment, including. Storage of User equipment at the Facilities,may be requested in writing and shall be subject to prior written approval by the City's assigned designee. Approval, if granted, may be revoked at the City's discretion.Any equipment stored at City Facilities must be well-maintained and kept orderly. User may display program-related signage at the Facilities only with the City's assigned designee prior written approval. All proposed banners shall be either jointly produced in coordination with the City in accordance with the City's style guide standards or submitted by User for review and approval prior to installation. User shall be solely responsible for all costs associated with the design,production,and installation of approved banners or signage. Approved banners shall be limited to designated display areas as determined by the City's assigned designee and shall comply with all size, content, placement, and installation requirements established by the City's assigned designee.All banners and signage shall be installed and removed in a manner that does not damage City property.User shall be responsible for any damage resulting from the installation,display,or removal of such materials.The City's assigned designee reserves the right to require the removal of any banner or signage at any time,in its sole discretion. User shall promptly notify the City's assigned designee, of any building or facility issues, including damage, vandalism, or theft. ; S. PAYMENT The User shall pay a base fee of Five Hundred Dollars ($500.00) per month for the use of the Facility, for a total annual base fee of Six Thousand Dollars ($6,000) during the Term. The City shall issue invoices for all assessed fees on a monthly basis{or other agreed billing cycle}. Late payments may ba subject to penalties or interest as permitted by law. 7. NO (EXCLUSIVE RIGHTS Nothing in this Agreement shall be construed to grant User any exclusive rights to use the Facilities or any portion thereof: The City's assigned designee reserves the right to schedule, operate, and permit the use -of the Facilities by other individuals, .organizations, or programs at any time, including during the Tenn of this Agreement, User acknowledges that its use of the Facilities is non-exclusive and subordinate to City programs, maintenance activities, special events, or other operational needs, as determined by the City in its sole discretion. Nothing in this Agreement shall be interpreted to create any priority scheduling rights, continued use rights,or expectation of renewal beyond the Term stated herein. I , i , i I i i i I EXHIBIT B INSURANCE REQUIREMENTS ! { i ` I r ! I I r II r ill I I Insurance Requirements i User shall procure and maintain for the duration of the agreement,the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE I User shall maintain limits of insurance coverage in the following minimum amounts and shall be at Least as broad as: • Commercial General Liability (COL): Insurance Services Office Form CG 00 01 covering COL on an."occurrence"basis;including products and completed operations,property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and$2,000,000 aggregate. » Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation,User shall obtain and maintain a policy covering. Sexual Abuse and Molestation with a limit of no less than $1,000,000 per occurrence or-claim. s Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event User does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance,provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000.Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): as required by the State of California, with statutory limits, i and EmpIoyer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee,per policy for bodily injury or disease. This requirement-can be waived if User has no employees.User attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services. If User maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions: 1, CGL, SAML and AL policies: City of Santa Ana, its City Council,its officers, officials, employees, agents,and`volunteers are to be covered as additional insureds with respect to i liability arising out of work or operations performed by or on behalf of the User including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL,AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials,employees, agents,and i i G r volunteers for losses paid under the terms of any policy which arise from work performed by User for City. 3. All required insurance policies: For any claims related to this contract, User's insurance coverage shall be primary and any insurance maintained by City,its City Council, its , officers,officials, employees, agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that User's insurance shall apply separately to each insured against whom a claim is trade or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,voided,reduced in coverage or inlimits,non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City.Ten(10)days prior written notice shall be provided to City for policy cancellation or non-renewal due to non payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks,Recreations,and Community Services Agency,20 Civic Center Plaza M-23, Santa Ana, CA 92701.The name and the location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require User to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M.Best rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage User shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies•of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However,failure to obtain the required documents prior to the work beginning shall not waive User's obligation to provide theta. City reserves:the right to require complete,certified copies of all required insurance policies,including endorsements required by these specifications, at any time. Claims Made-Policies If any of the required policies provide coverage on a claims-made basis: i 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2,Insurance must be maintained and evidence of insurance must be provided for at-least three(3) years after completion of"work, 3.If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date,User must purchase"extended reporting"coverage for a minirimum of three(3)years after completion of work. 1 4 i Subcontractors User skull require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and User shall ensure that City is an, additional insured on insurance required from sub-contractors, Special Risks or Circumstances City reserves the right to modify these requirements,including limits,based on the nature of the risk,prior experience, insurer,coverage,or other special circumstances. 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