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HomeMy WebLinkAboutContracts & Agreements_163-2010_CCv0001.pdf AGREEMENT FOR SUPERVISION AND OPERATION OF ADULT SOCCER. BASKETBALL & VOLLEYBALL LEAGUE This agreement for the supervision and operation of adult sports leagues, specifically soccer, basketball and volleyball, ("Agreement") is made and entered into this 10 day of October, 2010 ("Effective Date")by and between the City of Redlands, a municipal corporation (hereinafter "City")and Quick Strike Sports Inc., a California corporation(hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a"Party" and, together, as the "Parties." RECITALS WHEREAS, Contractor has expressed an interest in conducting the Adult Soccer, Basketball and Volleyball Leagues for City's Recreation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and professional expertise similar to others in the recreation industry who conduct adult sports leagues, NOW, THEREFORE, in consideration of the mutual promises contained herein,the City of Redlands and Quick Strike Sports Inc. agree as follows: AGREEMENT Section 1. Services. A. City hereby engages Contractor to supervise and operate the Adult Soccer, Basketball, and volleyball Leagues for City's Recreation Division(the "Services"). These Adult Sports Leagues shall be conducted at Teonia Park and the Community Center Gymnasium located in the City of Redlands. Contractor shall determine the method, details and means of performing the Services, and shall advise City of the same prior to the provision of any Services by Contractor. Contractor shall perform the Services to the best of its ability and in an efficient, safe and competent manner. B. The Services may be scheduled by Contractor for any times, during creek days, depending upon the availability of the Community Center gymnasium and the Texonia soccer fields. C. As compensation for providing the Services, Contractor shall register and collect registration fees from participants in these Adult Sports Leagues. Contractor shall pay to City thirty percent(30%) of all fees collected, no later than fourteen (14)City business days after the third game of the Adult Sports Leagues season. Contractor shall retain seventy percent(70%) of the fees collected. Contractor shall be responsible for return payment of one hundred percent (100%)oft e fees paid by a participant in connection with any refund made to the participant. City shall have no obligation for refunds. CArx0cuments and 5e�tt ngs`,d;attler,Desktop'iN4 Duca ents'VAWLILTS S47ORT (hick Strike Sjvrts Inc.doc 1 Section 2. -Independent Contractor. it is the expressed intention of the Parties that Contractor is, and shall remain during the term of this Agreement, an independent contractor and not be deemed an employee or agent of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City. The Parties acknowledge and agree that neither Contractor nor its employees or agents, shall be deemed City employees for State tax, Federal tax, or any other purpose. Section 3. Business License. Contractor shall obtain a City of Redlands business license as a pre-condition of performing the Services. Section 4. Termination. City shall have the right to terminate this Agreement upon twenty (20) City business days prior written notice to Contractor. City shall have no liability for any claims or damages resulting to Contractor as a result of any exercise by City of its right to terminate this Agreement. Section 5. Indemnity. Contractor shall defend, indemnify, and hold City, and its elected officials, officers,employees and agents,harmless from and against any and all actions, damages, losses, causes of action and liability imposed or claimed relating to the injury or death of any person or damage to any property, including attorneys' fees and other legal expenses, arising directly or indirectly from any intentionally -wrongful, or negligent act or omission of Contractor and/or its employees and agents, in performing the Services. Section 6, Entire AgreementlAmen eat. This Agreement represents the entire Agreement of the Parties as to the matters contained herein. Any amendment of this Agreement shall be effective only if it is in writing and signed by the Parties. Section 7. Assignment. This Agreement shall not be assigned without the,prior written consent of City. Any assignment, or attempted assignment, without such prior consent, shall be null and void and, at the option of City, result in the immediate termination of this Agreement. Section 8. Insurance. Contractor shall obtain and maintain during the term of this Agreement all insurance required by this Section and shall submit to City certificates of insurance and appropriate endorsements evidencing that the insurance is in force and effect. Evidence of such insurance shall be provided to City concurrent with Contractor's execution of this Agreement. Acceptance of the certificates by City shall not relieve Contractor of any of the insurance requirements contained herein, nor decrease the liability of Contractor. A. If applicable, workers' compensation and employer's liability insurance for its employees throughout the term of this Agreement, pursuant to Labor Code Sections 1860 and 3700, and in amounts which satisfy statutory requirements. B. Business automobile liability coverage with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. C:`Docurnenrs and SetfingsWsatder\.DesktoFi\My Docunienti'ADULJ S SPORTS\Quick Strike Sports Inc.do, 2 C. Comprehensive and general liability insurance with a carrier acceptable to City in an amount not less than One Million Dollars {$1,000,000)per occurrence and Two Million Dollars($2,000,000)aggregate for public liability, property damage and personal injury. Such insurance shall not be cancelled unless thirty (30) days prior written notice is provided to City. D. Except for the workers' compensation and employer's liability insurance, City shall be named as an additional insured on all policies and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Section 9. Attorneys' Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs or other relief, be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. CONTRA Date Shan r cis, ick Strike Sports Inc. CITY OF REDLANDS ----------- Date October JQ, 2010 Pat Gilbreath, Mayor ATTEST: .Sam Irwin, City Cl rk CADocuments and Settings3,dsattleeDesktop`�Mv Documetits'%ADULTS SPORTS', uick Strike Sports,Ine,doc