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HomeMy WebLinkAboutContracts & Agreements_189-2019CITY OF REDLANDS FIELD RENTAL AGREEMENT This Field Rental Agreement ("Agreement") is made and entered into this 17th day of September, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Redlands Baseball/Softball for Youth, a non-profit charitable organization ("RBY") City, for and m consideration of the obligations to be performed by RBY under this Agreement, hereby provides RBY with the non-exclusive use of Fields 1 through 7, storage areas, and the snackbar facilities located within the City's Community Park, 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, together, as the "Parties " Article 1 Term Section 1.01 The term of this Agreement shall be for a one (1) year period (such period, hereinafter the "Term") commencing on its Effective Date, unless earlier terminated as provided for herem Section 1.02. Either Party may terminate this Agreement, without cause, by providing thirty (30) days prior written notice to the other Party specifying the date for termination of this Agreement Article 2. Improvement Work Section 2 01. Durmg the Term of this Agreement, RBY shall perform field work consisting of improvements and maintenance ("Improvement Work") having a monetary value of at least twenty four thousand dollars ($24,000), as determmed in the sole discretion of City, for the Premises. Article 3. Use of Premises Section 3 01 The Premises shall be used by RBY for 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 of the Premises are approved and calendared in advance of such use by 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. A Community Park Durmg the Term of this Agreement, RBY shall have primary use of the Community Park fields from January 1st through July 30th and secondary use of the Community Park fields from September 1st through December 31st of each Year. RBY shall not use or permit Community Park to be used for any other purpose without the prior written consent of the City Requests for additional use of Community Park shall be made forty-five (45) days m advance. City shall respond to such requests within two (2) weeks of receipt B Clement Fields During the term of this Agreement, RBY shall have use of the East and West 1 L IcaldimlAgreements1Redlands Baseball for Youth -Field Rental Agreement 9 11 19 docx;ln fields at Clement on Monday through Friday between the hours of 4 00- 10 OOp m and Saturday between the hours of 8 OOa m -- 4. OOp m as follows (1) From February 23rd through July 30th the usage of the three fields shall not exceed a total of 24 hours per week, and (2) From October 1st through December 31st 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 a fee in the amount of ten dollars ($10 00) per field, per hour, for 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 for the same Article 4. Field Maintenance and Preparation Section 4.01. RBY shall provide written notification to City no less than fourteen (14) days prior to RBY's commencement (the "Commencement Notice") of any Improvement Work, and written notification to City no more than fourteen (14) days after RBY's completion (the "Completion Notice") of such Improvement Work 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 Work is not accepted by City RBY shall complete Improvement Work on or before the 4th day of September of each Year (the "Due Date") All notices outlined in this Section 4 01 shall be submitted to the Facilities and Community Services Department Recreation Division, Attention. Recreation Coordinator, 111 Lugonia Ave, Redlands, CA 92373. Section 4.02. RBY shall keep all vehicles off turf and fields whenever possible. Should a vehicle be necessary to drive onto fields, a light -weight scooter 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 owner of the Clement fields City makes no representation to RBY as to whether any Improvement Work constitutes a "Public Work" as that term is defined by California Labor Code section 1720, and RBY acknowledges and agrees that RBY shall be solely responsible and liable for the determination of whether such work constitutes a "Public Work." RBY acknowledges and agrees that City is not an awarding authority for any contract entered into by RBY for any Improvement Work, nor is City otherwise undertaking any "Public Work" 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 2 1,1ca\dam\Agreements\Redlands Baseball for Youth Field Rental Agreement 9 11 19.docx.jn termination or expiration of this Agreement Section 4.04. During the Term of this Agreement, RBY shall be solely responsible for the following. Community Park RBY shall provide routine maintenance and preparation of the fields, defined for 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 restrictions 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, repair of sprinkler systems, fencing and application of brick dust Additional maintenance and preparation work may be performed on site upon mutual approval of the Parties to this Agreement Snack Bar Facility and Operations City owns the snack bar facility at Community Park, and RBY owns all appliances at the facility. RBY will be responsible for the maintenance of the facility, appliances, and will be required to maintain the health permit from the County of San Bernardino Clement Fields RBY shall be solely responsible for any set up, field lighting maintenance to include replacing the bulbs and/or ballast and cleaning associated with its use of Clement fields, and shall maintain the fields in a clean and litter free manner Section 4.05. RBY shall not commit, or permit the commission, of any acts on the Premises, or use or permit the use of the Premises, in any manner that will increase the existing rates for, or cause the cancellation of, any fire, liability, or other insurance policy insuring the Premises or 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 full responsibility for its personal property used at the Premises, and shall hold City Harmless for 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 or permit the mamtenance or commission of any a nuisance on the Premises, and RBY shall not use or permit the use of the Premises for any unlawful 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 for RBY's operation ofbusmess whether these statutes, ordinances, regulations and requirements are now in force or are subsequently enacted The judgement of any court of competent jurisdiction, or the admission by 3 L Icaldjm\Agreements\Redlands Baseball for Youth Field Rental Agreement 9 11 19 docxjn 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 for termination of this Agreement by City Article 5. Indemnity 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's occupation 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 for injury to persons and damages to property arising out of any negligent act or omission, or willful misconduct, of City, or its elected officials, officers, employees, agents or volunteers, m connection with City's operation of the Premises Section 5 03. RBY shall maintain, at its own cost durmg the Term of this Agreement, public liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) m 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 prior to RBY's use and occupancy of the Premises. Such insurance shall be primary with respect to City and non-contributory to any insurance or self- insurance elfinsurance maintained by City. The policy shall specify that, before amending or canceling the policy, the issuing insurance company shall give City at least thirty (30) days prior 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 during the Term of this Agreement, Workers' Compensation and Employer's Liability insurance m the amount that meets statutory requirements, in accordance with the laws of the State of California, with an insurance carrier 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 Section 6 01. RBY shall pay, and hold the City free and harmless from, all charges for the furnishing of electricity for storage areas, snack facilities and field lightmg to premises during the Term of this Agreement The City will invoice RBY once a month for electncal charges used at the Premises. Article 7. Assignment Prohibited 4 L lealdjm\Agreements\Redlands Baseball for Youth Field Rental Agreement 9 11 19 docx.in Section 7 01 This Agreement is personal to RBY RBY shall not encumber, assign, sublease or otherwise transfer this Agreement, or any right or interest therein, without the prior written consent of City. Any such encumbrance, assignment, sublease or transfer without such prior written consent of City shall constitute an immediate breach of this Agreement and may, notwithstanding any other provision of this Agreement and at the sole discretion of City, result in the immediate termination of this Agreement Article 8. Attorneys' Fees Section 8.01. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing Party shall, m addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of m -house counsel by a Party Article 9. Notices Section 9 01 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the day of delivery in person, (u) five (5) days after deposit xn first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, m each case properly 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 City Clerk City of Redlands 35 Cajon Street, Suite 2 P.O. Box 3005 (marling) Redlands, CA 92373 jdonaldson@crtyofredlands org 909-798-7631 Redlands Baseball for Youth Josh Forbey, League President PO Box 7875 Redlands, CA 92373 pmt@alphalpub com 909-732-8523 Section 10. Termination Section 10 01 In the event of any breach of this Agreement by RBY, in addition to any other rights or remedies City may have, City shall have the option of immediately terminating this Agreement by written notice to RBY. 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 thirty (30) days prior written notice to the other Party 5 L Icaldjnn\Agreements\Redlands Baseball for Youth -Field Rental Agreement 9 11 I9 doex jn Section 11. Entire Agreement Section 11.01. 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 junsdiction, 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 17th day of September, 2019, at Redlands, California CITY OF REDLANDS REDLANDS BASEBALL/SOFTBALL Denise Davis, Mayor Pro Tem ATTEST. e Donaldson, City Clerk Josh Forbey, League President 6 L Ica\dbm\Agreements\Rediands Baseball for Youth -Field Rental Agreement 9 11 19 docxp 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 authonzed to write compensation msurance in this State. By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer 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 become due to his or her employees (b) 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 or 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) Vi v I affirm that at all times, in performing the work and activities required or 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 under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Redland Baseball for Youth By. Jos Forbey, League President Date. ...)&rvdr 1 Zo/ 7 L 1caldimlAgreements\Redlands Baseball for Youth Field Rental Agreement 9 11 19 docxjn