HomeMy WebLinkAboutContracts & Agreements_125-2012_CCv0002.pdf FIRST AMENDMENT TO AGREEMENT
This first amendment ("First Amendment") to the agreement dated November 1. 2005,
(the "Agreement-) by and between the City of Redlands ("Agency") and the American Youth
Soccer Association ("AYSO") is made and entered into this 26th day of July, 2012. City and
AYSO are sometimes individually referred to herein as a "Party" and, together, as the "Parties."
RECITALS
WHEREAS, it is the desire of City and AYSO to amend their existing Agreement to
establish a date by which AYSO's annual payment is due to City;
NOW, THEREFORE, in consideration of the mutual promises contained herein, City and
AYSO agree as follows:
AGREEMENT
Section 1. Subsection 7 B of the Agreement, entitled "AYSO Obligation," is hereby
amended to read as follows:
"7 B. AYSO Obligation: After the completion of construction for Phase lb in accordance with
the plans and specifications and all applicable laws and, prior to any use or occupancy of
the Fields by AYSO, AYSO shall pay annually, to City, on or before July 1, the sum of
thirty thousand dollars ($30,000)towards City's maintenance costs for the Fields for such
year, and shall provide City with volunteer labor towards annual maintenance of the
Fields having an agreed upon "value" of fifteen thousand dollars (S 15,000). After the
fifth annual payment, each subsequent annual payment, and the "value" of the provided
labor, shall be adjusted by an amount equivalent to the percentage change in the
consumer price index - all urban consumers (Los Angeles - Riverside - Orange County).
All volunteer labor provided by AYSO for the Fields shall comply with the requirements
of California Labor Code section 1720.4 as of the Effective Date of this Agreement, or as
such section is subsequently amended. AYSO acknowledges and agrees that it is
informed by City that AYSO's failure to comply with California Labor Code section
1720.4 may cause such volunteer labor to be deemed a "public work" for purposes of
California Labor Code section 1720 et seq,
, (including the payment of prevailing wages
for public works) and that AYSO shall be solely responsible for compliance with such
public works laws. AYSO acknowledges and agrees that this section satisfies City's
obligations imposed by California Labor Code section 1781. From time to time, AYSO,
with the prior written consent of City, may undertake special work projects at the Fields,
such as rehabilitation or vandalism repair, to support its youth soccer program and
enhance the Fields. If the value of such special work projects exceeds the value of
AYSO's annual labor contribution for that year, the City shall credit the value attributed
to such special work project against the subsequent year's annual cash contribution, up to
a maximum of ten thousand dollars (S 10,000) in any one year. The "value" of the special
work projects shall be agreed upon by City and AYSO prior to AYSO undertaking any
9j
such work."
P City Council Repons Qua]itv oft-ife,2012 Reports.?-25-12 Special'AY SO I st Amendment to Agreement AYSO-I st A nidmC 3 12.doc
Section 2, All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to be
effective as of August 7, 2012.
CITY OF REDLANDS AMERICAN YOUTH SOCCER
ORGANIZATION
By: By
Pete Aguilar Mayor Kyle uric tRefonalgiCommissioner
ATTEST:
By:
Sam Irwin, Ci Clerk
:City CounciI Reports Quality of Life,2012 Repot-ts7-26-12 Special\AYSO 1st Amendment to AgreementAYSO-1 st AmdmC 3 12.doc
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