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HomeMy WebLinkAboutContracts & Agreements_174-2018 CITY OF REDLANDS FIELD RENTAL AGREEMENT This Field Rental Agreement ("Agreement") is made and entered Into this 18th day of September,2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Redlands Baseball/Softball fot Youth, a non-profit chat itable organization ("RBY") City, foi and in consideration of the obligations to be performed by RBY under this Agreement, hereby provides RBY with the non-exclusive use of Fields I through 7, storage areas, and the snackbar facilities located within the City's Community Park, the South softball field of Orangewood High School ("Orangewood"), and the East and West fields of Clement Middle School("Clement")(collectively,the"Premises")during the dates and times specified herein City and RBY are sometimes individually referred to herein as a "Party" and, togethei, as the"Parties " Article I. Teriri_ Section 1.01 The term of this Agreement shall be foi one (1) consecutive twelve (12) month pei rod(such period, hereinafter a"Year") commencing on its Effective Date, unless eat hei terminated as provided foi herein Section 102. Eithei Party may terminate this Agreement, without cause, by providing ninety(90)days prior wi itten notice to the other Party specifying the date foi termination of this Agreement Article 2 Rent Section 2 01 In lieu of the payment of rent foi the Premises, RBY shall perform field maintenance services ("Improvement Work") The improvements and maintenance expenses shall exceed a total of twenty foul thousand dollars($24,000) pei year between Community Palk and the fields at Orangewood and Clement during the term of this Agreement Article 3 Use of Premises Section 3 01 The Premises shall be used by RBY foi the sole purpose of conducting youth baseball programs,which shall at all times be done in a safe and business-like manner The Premises shall be used at the discretion of RBY for practices and games, provided the dates requested for use have been approved and calendared by the City Community Park shall be available to the public when not in active use by RBY RBY shall have use of the Premises in accordance with the following schedule Community Parlc Dui ing the term of this Agreement, RBY shall have primary use of the Community Park fields from January I"through July 30th and secondary use of the Community Palk fields from Septernbei I"through Decembei 31"of each Year RBY shall not use or permit Community I I IcaldjmlAgrectnentslRedlands Baseball far Y6uth rield Rental Agreement.docx Park to be used foi any other purpose without the pi ioi written consent of the City Requests for additional use of Community Paik shall be made forty-five (45) days in advance City shall respond to such requests within two (2) weeks of receipt Orangewood and Clement Fields During the term of this Agreement, RBY shall have use of the South field at Orangewood and the East and West fields at Clement on Monday through Friday between the hours of 4 00- 10 00p in and Saturday between the hours of 8 00a m -4 00p m as follows From February 23`d through July 301h the usage of the three fields shall not exceed a total of 24 hours pet week From October I"through Decembei 31`the usage of the three fields shall not exceed a total of 16 hours per week RBY shall make a minimum forty-five (45) day advance schedule request to City indicating the proposed times of usage City shall respond to such requests within two (2) weeks of receipt. Section 3 02 City may charge RBY rent in the amount of Ten Dollars($10 00)pet field, per hour, foi any scheduling changes made by RBY without the aforementioned forty-five day notice ("Reservation Fees") Payment of Reservation Fees shall be made due within thirty (30) of the date of City's invoice to RBY foi the same Article 4 Field Maintenance and Preparation Section 4.01. Improvements and maintenance work at Orangewood High School require the prior written consent of the Redlands Unified School District("RUSD"),the fee owner of the Premises RBY shall provide written notification to City no less than fourteen (14)days prior to RBY's commencement (the "Commencement Notice") of any Improvement Wol k, and wi itten notification to City no more than fourteen (14) days aftei RBY's completion (the "Completion Notice")of such Improvement Woi k City shall inspect any completed Improvement Work within thirty(30)days of receipt of RBY's Completion Notice and provide written confirmation that the Improvement Work has been performed in accordance with this Agreement, or provide a detailed explanation if the Improvement Woik is not accepted by City RBY shall complete Improvement Work on or before the 4t" day of Septembei of each Yeai (the "Due Date") All notices outlined in this Section 4 01 shall be submitted to the Quality of Life Department Recreation Division, Attention Recreation Coordinator, I I I Lugonia Ave, Redlands, CA 92373 Section 4 02 RBY shall keep all vehicles off turf and fields whenevei possible Should a vehicle be necessary to drive onto fields, a light-weight scootet type vehicle may be used Section 4.03. In performing any Improvement Work,RBY shall comply with all applicable federal,state and local laws,including but not limited to any applicable provisions of the California Labor Code, as may be required by RUSD, who is the ownei of the Premises City makes no representation to RBY as to whethet any Improvement Work constitutes a"Public Work" as that 2 1 Icaldjm\AgreementslRedlands Baseball for Youth field Rental Agreement.doex term is defined by California Laboi Code section 1720, and RBY acknowledges and agrees that RBY shall be solely responsible and liable foi the determination ofwhethei such work constitutes a "Public Work" RBY acknowledges and agrees that City is not an awarding authority foi any contract entered into by RBY foi any Improvement Work, nor is City otherwise undertaking any "Public Woik"for purposes of California Labor Code section 1781 RBY shall defend, indemnify and hold harmless City and its elected officials, officers and employees from and against any and all losses, damages, costs, claims, causes of action and liability based upon any assertion that City, RUSD or RBY has failed to comply with any applicable provision of the California Labor Code in connection with RBY's undertaking of Improvement Work This Section 4 02 shall survive any termination of expiration of this Agreement Section 4 04 Dui ing the terin of this Agreement, RBY shall be solely responsible foi the following Community.Par RBY shall provide routine maintenance and preparation of the fields, defined foi the purpose of this Agreement as watering, mowing, infield grooming and field lighting maintenance schedule,and in accordance with the official game schedule as submitted by RBY RBY is subject to adhere to any and all water rest[ictions set by the State of California or the City RBY shall provide specialized maintenance of field, including but not limited to fertilization, sodding, and/or seeding, repan of sprinkle[ systems, fencing and application of brick dust Additional maintenance and preparation woik may be performed on site upon mutual approval of the Parties to this Agreement Snack Bat Facility and Operations City owns the snack bar facility at Community Park, and RBY owns all appliances at the facility RBY will be responsible foi the maintenance of the facility, appliances, and will be required to maintain the health permit from the County of San Bernardino Orangewood and Clement Fields RBY shall be solely responsible for any set up, field lighting maintenance to include replacing the bulbs and/oi ballast and cleaning associated with its use of the Orangewood and Clement fields, and shall maintain the fields in a clean and litter free manner Section 4 05 RBY shall not commit, of permit the commission, of any acts on the Premises, or use of permit the use of the Premises, in any mannei that will increase the existing rates for, or cause the cancellation of, any fire, liability, of othei insurance policy insuring the Premises of the improvements on the Premises RBY shall, at its own cost and expense, maintain insurance for all personal property and improvements on the Premises. RBY shall assume frill responsibility for its personal property used at the Premises, and shall hold City Hann less foi any theft or damage relating to RBY's personal property Section 4.06. RBY shall not commit, or permit the commission by others, of any waste on the Premises RBY shall not maintain, commit of permit the maintenance or commission of any a nuisance on the Premises,and RBY shall not use or permit the use of the Premises for any unlawful 3 1 kaldjmlAgreementslRedlands Baseball for Youth Field Rental Agreement.docx purpose Section 4.07. RBY shall, at RBY's sole cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, federal, state and county or municipal, relating to RBY's use and occupancy of the Premises foi RBY's operation of business whether these statutes, ordinances, regulations and requirements are now in force of are subsequently enacted The judgement of any court of competent jurisdiction, of the admission by RBY in a proceeding brought against RBY by any government entity that RBY has violated any such statute, ordinance, regulation or requirement shall be conclusive as between City and RBY and shall constitute grounds foi termination of this Agreement by City Article 5. Indernnity and Insurance Section 5 01 RBY shall defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents from and against any and all claims, causes of action, damages and liability resulting from RBY's negligent acts or omissions, and the willful misconduct of RBY,and that of RBY's agents,employees and invitees, during RBY'soccupation and use of the Premises during the term of this Agreement This section shall survive any termination or expiration of this Agreement Section 5 02 City shall defend, indemnify and hold harmless RBY, and its officers, employees, agents and volunteers, from any and all liabilities foi injury to persons and damages to property of ising out of any negligent act or omission, of willful misconduct, of City, of its elected officials, officers, employees, agents or volunteers, in connection with City's operation of the Premises Section 5,03. RBY shall maintain, at its own cost foi the term of this Agreement, public liability insurance in the amount of One Million Dollars ($1,000,000) pei occurrence and Two Million Dollars($2,000,000)in the aggregate, issued by an insurance company acceptable to City RBY shall provide City with a certificate of insurance and endorsements evidencing City as an additional insured on the policy pi for to RBY's use and occupancy of the Premises Such insurance shall be primary with respect to City and non-contributory to any insurance of self-insurance maintained by City The policy shall specify that, before amending of canceling the policy, the issuing insurance company shall give City at least thirty (30) days pi for written notice City and RBY acknowledge and agree that the insurance required of RBY is subject to annual review by City and subject to increases in the amount and scope of coverage, as reasonably determined by City Section 5.04. RBY shall maintain, at its own cost for the term of this Agreement, Workers' Compensation and Employef's Liability insurance in the amount that meets statutory requirements, in accordance with the laws of the State of California, with an insurance cart ici acceptable to City RBY shall provide City with Exhibit "A," entitled "Workers' Compensation Insurance Certification,"which is attached hereto and incorporated herein by this reference prior to the occupancy of the Premises Article 6 Taxes and Utilities 4 1 1caldjm\Agrcements%Redlands Baseball for Youth Field Rental Agreement.doex Section 6.01. RBY shall pay, and hold the City free and harmless from, all charges foi the furnishing of electricity foi storage areas, snack facilities and field lighting to premises dui ing the term of this Agreement The City will invoice RBY once a month for electrical charges used at the Premises Article 7 Assignment Prohibited Section 701 This Agreement is personal to RBY RBY shall not encumber, assign, sublease or otherwise transfei this Agreement, of any right or interest therein, without the pi for written consent of City Any such encumbrance, assignment, sublease of transfer without such prior wi itten consent of City shall constitute an immediate breach of this Agreement and inay, notwithstanding any othei provision of this Agreement and at the sole discretion of City, result in the immediate termination of this Agreement Article S. Attorneys' Fees Section S 01 In the event any action is commenced to enforce or interpret the terms of conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees foi use of in-house counsel by a Party Arti le 2. N ti e Section 9.01 Any notice or othei communication required, or which may be given, pursuant to this Agreement, shall be in wi iting Any such notice shall be deemed delivered (i) on the day of delivery in person, (n) five (5) days after deposit in first class registered mail, with return receipt requested, (iu) on the actual delivery date if deposited with an overnight courier, of (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered of express marl, in each case propeily posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice of in accordance with this section city Redlands Baseball foi Youth City Clerk Leonard Elias, League President City of Redlands PO Box 7875 35 Cajon Street, Suite 2 Redlands, CA 92373 P O Box 3005 (mailing) leonardiby(a�,gmail com Redlands, CA 92373 909-362-2108 idonaldson(a?cityofredlands org 909-798-7631 &ction_1.0. Termination Section 10 01 In the event of any breach of this Agreement by RBY, in addition to any 5 I kaldjmlAgreementslRedlands Baseball for Youth Field Rental Agreement.docx other rights or remedies City may have, City shall have the option of immediately terminating this Agreement.All remedies of City under this section shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have Section 10.02. This Agreement may be terminated by either Party by giving ninety (90) days prior written notice to the other Party. Section 11. Entire Agreement Section 1101 No waiver by either Party of any provision of this Agreement, or waiver of any breach of this Agreement, shall be deemed to be a waiver of any other provision of this Agreement, or of any subsequent breach by either Party of the same or any other provision of this Agreement Section 11 02 If any provision of this Agreement is held invalid or unenforceable for any reason by a court of competent Jurisdiction, this Agreement shall otherwise remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision was omitted Executed as of the 18th day of September, 2018, at Redlands, California CITY OF REDLANDS REDLANDS SA&LEBALUSOFTBALL FOR YO Ca�ul W Foster, Mayor Leonard E la , sident ATTEST Jea eDonaldson, City Clerk 6 11eakdjm\Agreements%Redlands Baseball For Youth Field Rental Agreement.docx EXHIBIT "A" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer,except the State,shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Directoi of Indust)lal Relations, a certificate of consent to self-insure, either as an individual employer, or as one employe) in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may becorne due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation of to undertake self-insurance in accordance with the provisions of that Code,and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required of permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure,or a certification of workers' compensation insurance I certify undei penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Redlands Baseb i Youth Date 7/ resident 7 11caldjrn\AgreementslRedtands Baseball for Youth Field Rental Agreement.docx