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HomeMy WebLinkAboutContracts & Agreements_12-1990_CCv0001.pdf SERVICES CONTRACT THIS CONTRACT is entered into in the City of Redlands, State of California by and between the CITY OF REDLANDS and the REDLANDS BICYCLE CLASSIC: RECITALS A. The REDLANDS BICYCLE CLASSIC, a California non-profit corporation ( "RBC" ) , conducts a racing event ( "Race" ) each year during Memorial Day weekend in and around the Redlands area. B. The Race, funded through contributions from sponsors, sales of promotional items, entry fees, and through the donation of time and services of volunteers and other organizations, must control its costs . C. Certain services necessary for the Race can best be provided by the CITY OF REDLANDS ( "City" ) through various departments. D. RBC is desirous of contracting with the City for the performance of specified services and the supply of certain materials by various City departments and employees. E. The City is willing to perform such services and supply such materials . AGREEMENT 1. The City shall provide to RBC, through its departments, the services and materials as set forth in this Contract. 2. RBC shall pay the City for such services and materials a sum not to exceed the total amount for all City departments as set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. Payment shall be made to the City within thirty (30) days following receipt of invoices (from the City and its departments) itemizing the amounts due hereunder for actual services rendered and materials supplied. In no event shall the invoice amount from any department exceed the budgeted amount set forth in Paragraph 3 . 3. The City departments shall provide services and materials in accordance with budgets previously submitted to and approved by RBC. Although it is understood that such budgets represent estimates of the anticipated costs, RBC shall not be invoiced in an amount which exceeds the budgeted amount; any costs incurred by any department in excess of the budgeted amount 1 of 5 bike classicoon 05101/90.,03 shall be absorbed by that department. The budgets include the full cost of providing the services and materials, including reimbursement for supervision, clerical assistance and other overhead costs . Budgets for the departments are set forth in Exhibit "All which is incorporated herein by reference. 4. The term of the Contract shall be for one (1) year, commencing July 1, 1990 and shall be renewed automatically for additional one ( 1 ) year terms unless terminated as provided herein. This Contract may be terminated, with cause, by RBC at any time by giving written notice to the City at least thirty ( 30 ) days before the date specified for such termination This Contract may be terminated, with cause, by the City at any time prior to January 1 by giving written notice to RBC at least thirty (30) days before the date specified for such termination. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of such termination. Neither party shall incur any liability to the other by reason of such termination. Any and all notices required to be given hereunder shall be given in writing by registered or certified mail, postage prepaid. 5. To facilitate the performance of functions as provided for in this Contract, it is hereby agreed that the City shall have full cooperation and assistance from RBC, its volunteers and agents . 6 . For the purpose of performing said services in this Contract, the City shall furnish all necessary material and supplies at its cost. 7 . Notwithstanding anything hereinabove stated, it is agreed that in all instances wherein special supplies, stationary, notices, forms, and the like must be issued in the name of RBC, the same shall be supplied by RBC at its own costs and expense. 8 . All persons employed by the City in the performance of such services and functions for RBC shall be City employees . 9 . RBC shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compen- sation to any City officer or employee performing services hereunder. Furthermore, RBC shall not be liable for compensation or indemnity to any City officer or employee for injury or sickness arising out of his/her performance of services hereunder. 2 of 5 bike classic.con 05/01,190.03 0. RBC will indemnify, defend, and held the City harmless , from loss, costs, or expenses caused by the negligent it or wrongful acts or omissions of RBC volunteers, agents, and employees occurring in the performance of this Contract. 1:1. The City will indemnify, defend, and hold RBC harmless _. from lass, coats, ' or expenses caused by the negligent or wrongful l acts or omissions of City officers; agents, and employees occurring; in the performance of this Contract. 32. In the event of any conflict or inconsistency between this Contract and any 'other agreement between the parties regarding the Race, this Contract shall control in all respects . 13 It is agreed and understood that employees c the City may serve as volunteers for RBC. 14. In the event of litigation regarding this Contract, the prevailing party shall be entitled to reasonable attorneys' fees and costs, REDLANDS ;BICYCLE CLASSIC CITY OF REDLA DS Z�7��:n�,, /Z4 'Nl YOR Dated: May 15, 1990 Dated: May 15, 1990 of bike d stets 0W01j .W May 25-29, 1990 EXHIBIT "A" ENGINEERING SERVICES DEPARTMENT: Electrical Division Personnel - 230 man-hours $ 6,400 . 00 Materials 200 . 00 Total Electrical Division $ 6,600 . 00 Engineering Administration Division Personnel - 15 man-hours $ 700 .00 Materials 50 . 00 Total Engineering Administration Division $ 750 .00 Street Division Personnel - 185 man-hours $ 4,100 . 00 Materials 600 . 00 Total Street Division $ 4,700 . 00 TOTAL $12,050-00 FIRE DEPARTMENT: Paramedic Services Personnel - 85 man-hours $ 3,000 . 00 Materials 200 .00 Meals 150 . 00 Total Paramedic Services $ 3,350 . 00 TOTAL $ 3,350.00 MUNICIPAL UTILITIES DEPARTMENT: Solid Waste Division Bin Rental $ 288 . 00 Total Solid Waste Division $ 288 .00 TOTAL $ 288.00 GENERAL ADMINISTRATION: Clerical Assistance Personnel - 80 person-hours $ 2,100 . 00 Materials 100. 00 Phones 300 .00 Total Clerical Section $ 2,500 . 00 TOTAL $ 2,500-00 4 of 5 bike classic.con 05101/90.03 COMMUNITY SERVICES DEPARTMENT: Parks Division Personnel - 60 man-hours $ 1,300.00 Materials 450 . 00 Total Parks Division $ 1,750 -00 Recreation Division Personnel - 38 man-hours $ 400 . 00 Materials 50. 00 Total Recreation Division $ 450 . 00 Street Tree Division Personnel - 48 man-hours $ 1,050 . 00 Materials 0 . 00 Total Street Tree Division $ 1,050 . 00 TOTAL $ 3,250.00 POLICE DEPARTMENT• Police Services Personnel (Race) - 167 man-hours $18,159 . 98 Personnel (Dance) 201 . 28 Sunscreen Lotion 25 - 00 Total Police Services $19,236 . 20 TOTAL $19,236.20 TOTAL - CITY DEPARTMENTS $40,692-35 5 of 5 bike classic.00n 05/01/90:03