HomeMy WebLinkAboutContracts & Agreements_20-2005_CCv0001.pdf AGREEMENT FOR IMPROVEMENT PROJECT
This Agreement is made and entered into this I" day of February 2005, by and
between the City of Redlands, a municipal corporation ("City") and Redlands
Baseball/So ftbal I for Youth, Inc., a California non-profit corporation ("RBY").
RECITALS
WHEREAS, City is the owner of two public parks commonly known as Community Park
and Texonia Park within the City of Redlands; and
WHEREAS, RBY is a California non-profit corporation acting pursuant to Internal
Revenue Code section 501 (C)(3); and
WHEREAS, RBY wishes to make certain improvements to the parks by dismantling the
baseball field at Texonia Park and constructing a new baseball field at Community Park,
using all volunteer labor;
WHEREAS, RBY and City entered into a Rental Agreement dated October 2, 2001 for
RBY to perform field maintenance services in lieu of the payment of rent for Community
Park;
NOW, THEREFORE, the City of Redlands and Redlands Baseball/Softball for Youth
Inc. agree as follows:
AGREEMENT
I RBY is authorized to enter Texonia Park and perform the following
remove the backstop, dugouts and fencing and replace the dirt infield area by planting it
with grass.
2. RBY shall consult with staff from City's Public Works Department and Police
Department to perform the following additional "Work:" determine an optimum location
and layout of a new baseball held in Community Park- and thereafter construct a new
baseball field as designated by City staff.
3. RBY agrees that the Work shall be done entirely by volunteer labor in accordance
with California Labor Code section 1720.4. RBY further agrees to perform the Work
pursuant to City's Volunteer Program Guidelines.
4. RBY shall perform the Work in a prompt and diligent manner.
C,
5. RBY shall indemnify, hold harmless and defend City and its elected officials and
employees from and against any and all claims, losses or liability, including attorneys,
fees, arising from injury or death to persons or damage amage to property occasioned by any act,
omission or failure of RBY its officers. agents and employees in performin-C, the Work.
Lem agrec redlaud-ibaseball for youth
6. RBY waives any and all rights it niay have pursuant to Callforuia Labor Code
sections 1726 and 1781 in the event the Work is deemed a "public work" by any,
governmental agency having authority to inake such a determination, or by any court of'
competent jurisdiction, such that the Work is subject to California Labor Code sections
1720 et seq. and 1770 et seq. With respect to the foregoing waiver, RBY further waives
any and all rights it may have pursuant to Civil Code section 1542 which reads "a general
release does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
7. RBY shall secure and maintain in force throughout its performance of the Work
comprehensive general liability insurance with carriers acceptable to City. Minimum
coverage of one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) aggregate for public liability, property damage an(, personal injury is
required. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting cancellation of said policy except upon thirty (30) days
prior written notice to City. Such insurance shall be primary and non-contributing to any
insurance or self-insurance maintained by City. Certificates of insurance and
endorsements shall be delivered to City prior to commencement of the Work.
8. RBY is prohibited from assigning any of the Work without the prior written
consent of City.
9. In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing party shall, in addition to any costs and other
relief, be entitled to recover its reasonable attorneys' fees.
10. RBY is, for all purposes under this Agreement, an independent contractor with
respect to the Work and not an employee of City. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties.
11. Unless earlier terminated as stipulated below, this Agreement shall terminate
upon completion and acceptance of the Work by City.
12, City reserves the right to terminate this Agreement with RBY without cause or
liability at any time by providing written notice to RBY of said termination. If City
terminates this Agreement, RBY shall remove its equipment from the parks within 48
hours of the date of termination notice,
13. This Agreement represents the entire agreement and understanding between the
par-ties as to the matters contained herein and any prior negotiations, proposals or oral
agreements are Superseded by this Agreement. Any amendment to this Agreement shall
be in writing and approved by the City Council of City and signed by City and RBY.
14. This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
Lenragree,redlandsbaseball for youth
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
B
Nfayor City lerk
Date— February 1 , 2005
REDLANDS BASEBAytL/SOFTBALL FOR YOUTH, INC.
By: Date .2 "S
President
f.
Lem agree redlandshaseball for VOL1111