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HomeMy WebLinkAbout8237RESOLUTION NO 8237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING NEW AND AMENDED AGREEMENTS WITH VARIOUS SPORTS ORGANIZATIONS TO FACILITATE THEIR TRANSITION TO THE CITY'S NEW ATHLETIC FIELD ALLOCATION POLICY WHEREAS, the City Council adopted the City's new Athletic Field Allocation Policy on June 15, 2021, and WHEREAS, to support the transition to the new field allocation system, new, amended agreements with Pateadores Soccer Club and Redlands Baseball for Youth have been prepared for the City Council's consideration and are attached hereto as Exhibits "A," and "B," respectively; and WHEREAS, to support the transition to the new field allocation system, amendments to existing agreements with Chris Gaspar, Major League Softball, Quick Strike Sports Inc., and Redlands Crush Baseball have been prepared for the City Council's consideration and are attached hereto as Exhibits "C," "D," "E," and "F," respectively; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows Section 1. The City Council of the City of Redlands hereby determines that the approval of the two (2) new agreements and four (4) amendments are exempt from environmental review pursuant to Section 15301 of the State guidelines implementing the California Environmental Quality Act. Section 2. The City Council hereby approves the agreement with Pateadores Soccer Club for the use of the Soccer Field located within the City's Crafton Park for the sole purpose of conducting youth soccer club programs. Section 3 The City Council hereby approves the agreement with Redlands Baseball for Youth for the use of Fields 1 through 7, associated storage areas, and the snack bar facilities located within the City's Community Park for the sole purpose of conducting youth baseball programs. Section 4. The City Council hereby approves an amendment to the agreement with Chris Gaspar for the use of City parks and recreation fields for the sole purpose of developing and conducting a soccer school developmental training program for youth ages 3 to 17 for the City's Recreation Division. Section 5. The City Council hereby approves the "second amendment" to the agreement with Major League Softball for the use of City parks and recreation fields for the sole purpose of supervising and operating the Adult Softball League for City's Recreation Division. 1 I:\Resolutions\Res 8200-8299\8237 Sports Organization Agreements and Amendments.docx Section 6 The City Council hereby approves the "first amendment" to the agreement with Quick Strike Sports Inc for the use of City parks and recreation fields for the sole purpose of supervising and operating the Adult Soccer, Basketball, and Volleyball Leagues for City's Recreation Division Section 7. The City Council hereby approves the "first amendment" to the agreement with Redlands Crush Baseball for the use of the North Field at Orangewood High School for the sole purpose of conducting youth baseball programs ADOPTED, SIGNED AND APPROVED this 3rd day of August, 2021 Paul T Banch, Mayor ATTEST Donaldson, City Clerk 2 1 \Resolutions\Res 8200 8299\8237 Sports Organization Agreements and Amendments.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregomg resolution was duly adopted by the City Council at a regular meeting thereof held on the 3rd day of August, 2021 AYES Councilmembers Foster, Tejeda, Davis, Guzman -Lowry, Mayor Barich NOES None ABSENT None ABSTAINED None le Donaldson, City Clerk 3 I \Resolutions\Res 8200 8299\8237 Sports Orgamzation Agreements and Amendments.docx EXHIBIT "A" PATEADORES SOCCER CLUB FIELD RENTAL AGREEMENT 4 L.\ca\Reso\8237 Sports Organization Agreements and Amendments.docx CITY OF REDLANDS FIELD RENTAL AGREEMENT This field rental agreement ("Agreement") is made and entered into this 3rd day of August, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Pateadores Soccer Club ("Pateadores") City, for and in consideration of the obligations to be performed by Pateadores under this Agreement, hereby provides Pateadores with the non-exclusive use of the Soccer Field, located within the City's Crafton Park (collectively, the "Premises) during the dates and times specified herein. City and Pateadores are sometimes individually referred to herein as a "Party" and, together, as the "Parties " AGREEMENT Article 1. Term Section 1 01 The term of this Agreement shall commence on September 21, 2021 and expire on December 31, 2021 (hereinafter the "Term") 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, provided, however, no termination by Pateadores shall be effective unless Pateadores at such time has fully compensated City in the amount described in Section 2 01 hereof. Article 2. Rent Section 2 01 Pateadores shall pay to City, on or before November 22, 2021 (the "Due Date"), the sum of one thousand eight hundred seventy five dollars ($1,875) as rent (the "Rent") for the Premises However, such rent shall be reduced by six hundred twenty five dollars ($625) per month for any month Pateadores is unable to use the Premises due to the COVID 19 pandemic, as determined in the sole discretion of City Section 2 02 Pateadores may choose to perform in -kind -services at the Premises, in accordance with Article 4, which may subsequently be credited against Pateadores' payment of Rent ("Improvement Work") The value of the Improvement Work may be credited against Rent, in an amount not to exceed one thousand eight hundred seventy five dollars ($1,875) Section 2.03 If a payment of Rent or Reservation Fees is not postmarked and received by City by their respective Due Dates as provided herein, such payment shall be considered late, and Pateadores shall be assessed a late fee of ten percent (10%) of the amount due, prorated on a daily basis, for each month or partial month such payment is late Article 3. Use of Premises Section 3 01 The Premises shall be used by Pateadores for the sole purpose of conducting Pateadores youth club soccer programs only, which shall at all times be done in a safe and business- like manner Pateadores shall comply with San Bernardino County Department of Public Health recommended guidelines regarding the current COVID-19 pandemic The Premises shall remain 1 L.\ca\djm\Agreements\Pateadores Field Rental Agreement.FY2I-0006.docx.jn accessible to the general public when not in use by Pateadores. Section 3 02 Pateadores shall have primary use of the Soccer Field at Crafton Park from September 21, 2021 through December 31, 2021 Soccer programs may be scheduled at any time after 4 00 p.m. week days. The Soccer Field may be used all day Saturdays and shall remain open to the general public on Sundays, and the Soccer Field shall otherwise be available to the public when not in use by Pateadores Section 3 03 City may charge Pateadores a fee in the amount of ten dollars ($10) per field, per hour, for any scheduling changes made by Pateadores without the aforementioned forty-five day notice ("Reservation Fees") Payment of Reservation Fees shall be made within thirty (30) of the date of City's invoice to Pateadores for the same Article 4. Improvement Work Section 4 01 City shall provide routine maintenance and preparation of the Soccer Field, defined for the purpose of this Agreement as watering, repair and maintenance of existing park sprinkler systems, and mowing and general maintenance of the grounds surrounding the Soccer Field. Pateadores shall submit maintenance schedule in advance to City for approval. Pateadores shall be responsible for all sprinkler repairs and replacement to the irrigation for the soccer field. Maintenance services shall be performed in accordance with the City's current field maintenance schedule. Section 4 02 Pateadores shall provide specialized maintenance for the Soccer Field, defined for the purpose of this Agreement as fertilization, annual sodding and/or seeding to replenish worn areas, specialized field sprinkler maintenance to ensure proper water distribution, leveling/smoothing of low spots or worn areas and repair Pateadores shall also be solely responsible for the maintenance, repairs and replacement of lights and lighting equipment. Temporary fencing may be installed to protect the soccer field during rejuvenation. Soccer Field closures shall not exceed ninety (90) days in any one year Additional maintenance and preparation work may be performed on site upon subsequent written agreement of the Parties. All applicable water restriction mandates will be followed during specialized maintenance activities Section 4 03 Prior to commencing Improvement Work, Pateadores shall provide City with fourteen (14) days advanced written notice and the estimated value of such work. City shall provide Pateadores with a written determination on the request to commence Improvement Work and the value which shall be credited as Rent. Following the completion of the Improvement Work, Pateadores shall provide written notification to City no more than fourteen (14) days after Pateadores' completion (the "Completion Notice") of such Improvement Work. City shall inspect any completed Improvement Work within thirty (30) days of receipt of Pateadores' Completion Notice and provide written confirmation that the Improvement Work has been performed in accordance with this Agreement ("Receipt of Services"), or provide a detailed explanation if the Improvement Work is not accepted by City Pateadores shall submit copies of the Receipt of Services on or before 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 2 L.\ca\djm\Agreements\Pateadores Field Rental Agreement.FY21-0006.docx.jn Section 4 04 Pateadores shall comply with all applicable federal, state and local laws, including but not limited to any applicable provisions of the California Labor Code City makes no representation to Pateadores as to whether any Improvement Work constitutes a "Public Work" as that term is defined by California Labor Code section 1720, and Pateadores acknowledges and agrees that Pateadores shall be solely responsible and liable for the determination of whether such work constitutes a "Public Work." Pateadores acknowledges and agrees that City is not an awarding authority for any contract entered into by Pateadores for any Improvement Work, nor is City otherwise undertaking any "Public Work" for purposes of California Labor Code section 1781 Pateadores 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 or Pateadores has failed to comply with any applicable provision of the California Labor Code in connection with Pateadores' undertaking of Improvement Work. This Section 4 04 shall survive any termination or expiration of this Agreement. Article 5. Indemnity and Insurance Section 5 01 Pateadores 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 Pateadores' negligent acts or omissions, and the willful misconduct of Pateadores, and that of Pateadores' agents, employees and invitees, during Pateadores' 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 Pateadores shall maintain, at its own cost for 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) in the aggregate, issued by an insurance company acceptable to City Pateadores shall provide City with a certificate of insurance and endorsements evidencing City as an additional insured on the policy prior to Pateadores' use and occupancy of the Premises Such insurance shall be primary with respect to City and non-contributory to any insurance or self-insurance 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 Pateadores acknowledge and agree that the insurance required of Pateadores 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 03 Pateadores shall maintain, at its own cost during the Term of this Agreement, Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements, in accordance with the laws of the State of California, with an insurance carrier acceptable to City Pateadores shall provide City with Exhibit "A," titled "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 Pateadores shall pay, and hold the City free and harmless from, all charges for the furnishing of electricity for storage areas, snack facilities and field lighting to premises during the Term of this Agreement. The City will invoice Pateadores once a month for electrical charges used at the Premises 3 L.\ca\djm\Agreements\Pateadores Field Rental Agreement.FY21-0006.docx.jn Article 7. Assignment Prohibited Section 7 01 This Agreement is personal to Pateadores. Pateadores shall not encumber, assign, sublease, rent, permit, 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, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-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, (ii) five (5) days after deposit in 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 or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in 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 4 P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org 909-798-7631 PATEADORES SOCCER CLUB. Mike Kovalcik, President P O Box 8487 Redlands, CA 92375 m45belief@gmail.com 909-635-5984 Article 10. Reporting and Accounting Requirements Section 10 01 At all times during the term of this Agreement, Pateadores shall maintain true, proper, and complete books, records, and accounts (collectively, `Books and Records") in which shall be entered fully and accurately all transactions taken with respect to the operations of Pateadores Pateadores shall maintain the Books and Records in accordance with Generally Accepted Accounting Principles. Section 10 02. If the Pateadores has been audited by an independent auditor or has been the subject of a compliance audit/examination by a regulatory agency during the past three years, audit reports and management letters indicating compliance violations, fraud, illegal acts, material 4 L:\ca\djm\Agreements\Pateadores Field Rental Agreement.FY21-0006.docx.jn weaknesses in internal control structure or reportable conditions, in connection with such audits shall be delivered to the City thirty (30) days prior to the effective date of this agreement. If no audits or events as described above have occurred during this period, Pateadores shall provide City a written assertion that no audits or similar examinations have occurred during the three (3) year period and an assertion that the Pateadores is not aware of any events or conditions, described above, or other information that might reasonable impact City's decision to fund the grant as requested. Section 10 03 City reserves the right to designate its own employee representatives or its contracted representatives with a Certified Public Accounting firm who shall have the right to audit Pateadores' accounting procedures and internal controls of Pateadores' financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. Any such audits shall be undertaken by City or its representatives at mutually agreed upon reasonable times and in conformance with generally accepted auditing standards Pateadores agrees to fully cooperate with any such audits. Section 10 04 This right to audit shall extend during the term of this Agreement and for a period of three (3) years or longer, if required by law, following the date of this Agreement. Pateadores agrees to retain all necessary records/documentation for the entire length of this audit period. Section 10 05 Pateadores shall, upon request, furnish the City with a Balance Sheet and Income Statement describing the receipt and disbursement activities of Pateadores. In its sole and absolute discretion the City may also require Pateadores to submit: (I) quarterly check registers and descriptions of each disbursement; (ii) budget -to -actual -results, and (iii) a statement of position describing the assets and liabilities of Pateadores. All reports shall be due to the City no later than forty-five (45) days upon request by City In the event that an independent audit is conducted, Pateadores shall forward a copy of the audited report to the City for review, including any Management Letter, Report on Internal Controls, or Reportable Conditions letter generated during the course of the audit. Section 10 06 Pateadores agrees to exercise prudent financial management processes including proper oversight of all assets, budget preparation, and timely reporting including budget - to -actual -comparisons. 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 jurisdiction, 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. 5 L.\ca\djm\Agreements\Pateadores Field Rental Agreement.FY21-0006.doex.jn Executed as of the 3rd day of August, 2021, at Redlands, California CITY OF REDLANDS PATEADORES SOCCER CLUB Paul T Barich, Mayor Mike Kovalcik, President ATTEST Jeanne Donaldson, City Clerk 6 L.\ca\djm\Agreements\Pateadores Field Rental Agreemenl.FY21-0006.docx.jn 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 authorized to write compensation insurance in this State. (b) 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. 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) 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. PATEADORES SOCCER CLUB By• Date Mike Kovalcik, President 7 L.\ca\djm\Agreements\Pateadores Field Rental Agreement.FY21-0006.docx.jn EXHIBIT "B" REDLANDS BASEBALL FOR YOUTH FIELD RENTAL AGREEMENT 5 L:\ca\Reso\8237 Sports Organization Agreements and Amendments.docx CITY OF REDLANDS FIELD RENTAL AGREEMENT This field rental agreement ("Agreement") is made and entered into this 3rd day of August, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Redlands Baseball for Youth, a non-profit charitable organization ("RBY") City, for and in 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, associated storage areas, and the snack bar facilities located within the City's Community Park (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." AGREEMENT Article 1 Term Section 1 01 The term of this Agreement shall commence on its Effective Date and expire on December 31, 2021 (hereinafter the "Term") 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; provided, however, no termination by RBY shall be effective unless RBY at such time has fully compensated City in the amount described in Section 2 01 hereof. Article 2 Rent Section 2 01 RBY shall pay to City, on or before October 20, 2021 (the "Due Date"), the sum of one thousand five hundred dollars ($1,500) as rent (the "Rent") for the Premises. However, such rent shall be reduced by five hundred dollars ($500) per month for any month RBY is unable to use the Premises due to the COVID 19 pandemic, as determined in the sole discretion of City Section 2 02. RBY may choose to perform in -kind -services at the Premises, in accordance with Article 4, which may subsequently be credited against RBY's payment of Rent ("Improvement Work") The value of the Improvement Work may be credited against Rent, in an amount not to exceed one thousand five hundred dollars ($1,500) Section 2.03 If a payment of Rent or Reservation Fees (as hereafter defined in section 2.04) is not postmarked and received by City by their respective Due Dates as provided herein, such payment shall be considered late, and RBY shall be assessed a late fee of ten percent (10%) of the amount due, prorated on a daily basis, for each month or partial month such payment is late Section 2 04 RBY may request reservation of the Premises for additional times and dates not specified herein, at the rate of fifteen dollars ($15) per hour if field lights are utilized, and ten dollars ($10) per hour if field lights are not utilized, at least a fourteen (14) day prior written request for the same to City ("Reservation Fees") Payment of Reservation Fees shall be made due within thirty (30) days of the date of City's invoice to RBY for the same 1 L.\ca\djm\Agreements\RBY Field Rental Agreement.FY21-0007.docx.jn Article 3. Use of Premises Section 3 01 The Premises shall be used by RBY for the sole purpose of conducting RBY youth baseball programs only, which shall at all times be done in a safe and business -like manner RBY shall comply with San Bernardino County Department of Public Health recommended guidelines regarding the current COVID-19 pandemic The Premises shall remain accessible to the general public when not in use by RBY Section 3 02 RBY shall have primary use of fields 2 through 7 at Community Park from September 1, 2021 through December 31, 2021 RBY shall have primary use of fields 1 through 7 at Community Park from October 1, 2021 through December 1, 2021 Section 3 03 RBY shall have use of the fields on Sunday between the hours of 8 00 a.m. and 4 00 p.m. Section 3 04 City may charge RBY a fee in the amount of ten dollars ($10) 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 within thirty (30) of the date of City's invoice to RBY for the same Section 3 05 RBY may utilize the snack bar facility for sale and service of food and beverage products during and in connection with RBY's use of the Premises. RBY will be responsible for maintenance and operation of the facility, including appliances and will be required to maintain the health permit from the County of San Bernardino Article 4. Improvement Work Section 4 01 RBY shall be responsible for all trash clean up and servicing of waste receptacles within the Premises during use RBY shall provide routine maintenance and preparation of the fields, defined for the purpose of this Agreement as mowing and field lighting maintenance schedule Section 4 02 RBY may conduct Improvement Work of the Premises in accordance with the provisions of this Agreement. Improvement Work is defined for the purpose of this Agreement as fertilization, annual sodding and/or seeding to replenish worn areas, specialized field sprinkler maintenance to ensure proper water distribution, grade leveling and repair, maintenance of lights and lighting equipment, maintenance of infields. Section 4 03 Prior to commencing Improvement Work, RBY shall provide City with fourteen (14) days advanced written notice and the estimated value of such work. City shall provide RBY with a written determination on the request to commence Improvement Work and the value which shall be credited as Rent. Following the completion of the Improvement Work, RBY shall provide 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 2 L.\ca\djm\Agreements\RBY Field Rental Agreement.FY21-0007.docx.jn ("Receipt of Services"), or provide a detailed explanation if the Improvement Work is not accepted by City RBY shall submit copies of the Receipt of Services on or before 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 04 RBY shall comply with all applicable federal, state and local laws, including but not limited to any applicable provisions of the California Labor Code 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 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 04 shall survive any termination or expiration of this Agreement. 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 RBY shall maintain, at its own cost for 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) in 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 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 03 RBY shall maintain, at its own cost during the Term of this Agreement, Workers' Compensation and Employer's Liability insurance in 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," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to the occupancy of the Premises. 3 L.\ca\djm\Agreements\RBY Field Rental Agreement.FY21-0007.docx.jn 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 lighting to premises during the Term of this Agreement. The City will invoice RBY once a month for electrical charges used at the Premises. Article 7. Assignment Prohibited Section 7 01 This Agreement is personal to RBY RBY shall not encumber, assign, sublease, rent, permit, 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, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-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, (ii) five (5) days after deposit in 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 or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in 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 4 P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands org 909-798-7631 REDLANDS BASEBALL FOR YOUTH. Josh Forbey, League President P 0 Box 7875 Redlands, CA 92373 jmt@alphalpub com 909-732-8523 Article 10. Reporting and Accounting Requirements Section 10 01 At all times during the term of this Agreement, RBY shall maintain true, proper, and complete books, records, and accounts (collectively, `Books and Records") in which shall be entered fully and accurately all transactions taken with respect to the operations of RBY RBY shall 4 L.\ca\djm\Agreements\RBY Field Rental Agreement.FY21-0007.docx.jn maintain the Books and Records in accordance with Generally Accepted Accounting Principles. Section 10 02 If the RBY has been audited by an independent auditor or has been the subject of a compliance audit/examination by a regulatory agency during the past three years, audit reports and management letters indicating compliance violations, fraud, illegal acts, material weaknesses in internal control structure or reportable conditions, in connection with such audits shall be delivered to the City thirty (30) days prior to the effective date of this agreement. If no audits or events as described above have occurred during this period, RBY shall provide City a written assertion that no audits or similar examinations have occurred during the three (3) year period and an assertion that the RBY is not aware of any events or conditions, described above, or other information that might reasonable impact City's decision to fund the grant as requested. Section 10 03 City reserves the right to designate its own employee representatives or its contracted representatives with a Certified Public Accounting firm who shall have the right to audit RBY' accounting procedures and internal controls of RBY's financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. Any such audits shall be undertaken by City or its representatives at mutually agreed upon reasonable times and in conformance with generally accepted auditing standards RBY agrees to fully cooperate with any such audits. Section 10 04 This right to audit shall extend during the term of this Agreement and for a period of three (3) years or longer, if required by law, following the date of this Agreement. RBY agrees to retain all necessary records/documentation for the entire length of this audit period. Section 10 05 RBY shall, upon request, furnish the City with a Balance Sheet and Income Statement describing the receipt and disbursement activities of RBY In its sole and absolute discretion the City may also require RBY to submit: (I) quarterly check registers and descriptions of each disbursement; (ii) budget -to -actual -results, and (iii) a statement of position describing the assets and liabilities of RBY All reports shall be due to the City no later than forty-five (45) days upon request by City In the event that an independent audit is conducted, RBY shall forward a copy of the audited report to the City for review, including any Management Letter, Report on Internal Controls, or Reportable Conditions letter generated during the course of the audit. Section 10 06 RBY agrees to exercise prudent financial management processes including proper oversight of all assets, budget preparation, and timely reporting including budget -to -actual - comparisons. 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 jurisdiction, 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. 5 L:\ca\djm\Agreements\RBY Field Rental Agreement.FY21-0007.docx.jn Executed as of the 3rd day of August, 2021, at Redlands, California CITY OF REDLANDS REDLANDS BASEBALL FOR YOUTH Paul T Barich, Mayor Josh Forbey, League President ATTEST Jeanne Donaldson, City Clerk 6 L.\ca\djm\Agreements\RBY Field Rental Agreement.FY21-0007.docx.jn 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 authorized to write compensation insurance in this State (b) 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. 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) 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. REDLANDS BASEBALL FOR YOUTH By• Date Josh Forbey, League President 7 L.\ca\djm\Agreements\RBY Field Rental Agreement.FY21-0007.docx.jn EXHIBIT "C" FIRST AMENDMENT CHRIS GASPAR - ESCOLA DE FUTBOL 6 L.\ca\Reso\8237 Sports Organization Agreements and Amendments.doex FIRST AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT This first amendment ("First Amendment") to the Independent Contractor Agreement dated June 2, 2009 ("Agreement"), by and between the City of Redlands, a municipal corporation ("City"), and Chris Gaspar, on behalf of Chris Gaspar, Escola de Futbol "Soccer School", an individual ("Contractor"), is made and entered into this 3rd day of August, 2021 RECITALS WHEREAS, it is the desire of the City and Contractor to amend Section 1, subsection "A" of their existing Agreement to allow Contractor to use all City Parks and recreation fields for instruction, and WHEREAS, it is the desire of City and Contractor to amend Section 1, subsection "B" of their existing Agreement, specifically renaming parks and fields to City facilities, NOW, THEREFORE, City and Contractor agree as follows AGREEMENT Section 1 Section 1, subsection "A" of the Agreement, titled "Services," is hereby amended to read as follows "A. City hereby engages Contractor to develop and conduct a "Soccer School" developmental training program for youth ages 3- 17 for the City's Recreation Division (the "Services") The individual instruction and group clinics may be conducted at City parks and recreation fields Contractor shall determine the method, details and means of performing the Services and shall advise City of the same prior to performing Services under this Agreement. Contractor further agrees to perform the Services to the best of its ability and in an efficient, safe and competent manner " Section 2. Section 1, subsection "B" of the Agreement, titled "Services," is hereby amended to read as follows "B The individual and group soccer training clinics may be scheduled by Contractor for any times, during week days, depending upon the availability of City facilities." Section 3 All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect. 1 L:\ca\djm\Agreements\Chris Gaspar Soccer School First Amendment.FY21-0008.docx.jn IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of August 3, 2021 CITY OF REDLANDS CONTRACTOR By• By Paul T Barich, Mayor Chris Gaspar, Escola de Futbol ATTEST Jeanne Donaldson, City Clerk 2 L.\ca\djm\Agreements\Chris Gaspar Soccer School First Amendment.FY21-0008.docx.jn EXHIBIT "D" SECOND AMENDMENT MAJOR LEAGUE SOFTBALL 7 L.\ca\Reso\8237 Sports Organization Agreements and Amendments.doex SECOND AMENDMENT TO THE AGREEMENT FOR SUPERVISION AND OPERATION OF AN ADULT SOFTBALL LEAGUE This second amendment ("Second Amendment") to the Agreement for Supervision and Operation of an Adult Softball League dated September 7, 2010 ("Agreement"), by and between the City of Redlands, a municipal corporation ("City"), and Major League Softball ("Contractor"), is made and entered into this 3rd day of August, 2021 RECITALS WHEREAS, it is the desire of the City and Contractor to amend Section 1, subsection "A" of their existing Agreement to allow Contractor to use all City Parks and recreation fields for instruction, and WHEREAS, it is the desire of City and Contractor to amend Section 1, subsection `B" of their existing Agreement, specifically renaming parks and fields to City facilities, NOW, THEREFORE, City and Contractor agree as follows AGREEMENT Section 1 Section 1, subsection "A" of the Agreement, titled "Services," is hereby amended to read as follows "A. City hereby engages Contractor to supervise and operate the Adult Softball League for City's Recreation Division (the "Services") The Adult Softball League shall be conducted at City parks and recreation fields. Contractor shall determine the method, details and means of performing the Services and shall advise City of the same prior to performing Services under this Agreement. Contractor further agrees to perform the Services to the best of its ability and in an efficient, safe and competent manner " Section 2. Section 1, subsection "B" of the Agreement, titled "Services," is hereby amended to read as follows "B The services may be scheduled by Contractor for any times, during week days, depending upon the availability of City facilities." Section 3 All other provisions of the Agreement shall remain unchanged by this Second Amendment and in effect. 1 L:\ca\djm\Agreements\Major League Softball Second Amendment.FY21-0009.docx.jn IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of August 3, 2021 CITY OF REDLANDS MAJOR LEAGUE SOFTBALL By• By• Paul T Barich, Mayor Dave Johnson, Major League Softball ATTEST Jeanne Donaldson, City Clerk 2 L:\ca\djm\Agreements\Major League Softball Second Amendment.FY21-0009.docx.jn EXHIBIT "E" FIRST AMENDMENT QUICK STRIKE SPORTS, INC 8 L.\ca\Reso\8237 Sports Organization Agreements and Amendments.docx FIRST AMENDMENT TO AGREEMENT FOR SUPERVISION AND OPERATION OF ADULT SOCCER, BASKETBALL AND VOLLEYBALL LEAGUES This first amendment ("First Amendment") to the Independent Contractor Agreement dated October 19, 2010 ("Agreement"), by and between the City of Redlands, a municipal corporation ("City"), and Quick Strike Sports Inc , a California corporation ("Contractor"), is made and entered into this 3rd day of August, 2021 RECITALS WHEREAS, it is the desire of the City and Contractor to amend Section 1, subsection "A" of their existing Agreement to allow Contractor to use all City Parks and recreation fields for instruction, and WHEREAS, it is the desire of City and Contractor to amend Section 1, subsection "B" of their existing Agreement, specifically renaming parks and fields to City facilities, NOW, THEREFORE, City and Contractor agree as follows AGREEMENT Section 1 Section 1, subsection "A" of the Agreement, titled "Services," is hereby amended to read as follows "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 City parks and recreation fields. Contractor shall determine the method, details and means of performing the Services and shall advise City of the same prior to performing Services under this Agreement. Contractor further agrees to perform the Services to the best of its ability and in an efficient, safe and competent manner " Section 2. Section 1, subsection `B" of the Agreement, titled "Services," is hereby amended to read as follows "B The services may be scheduled by Contractor for any times, during week days, depending upon the availability of City facilities." Section 3 All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect. 1 L:\ca\djm\Agreements\Quick Strike Sports First Amendment.FY21-0010.docx.jn IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of August 3rd, 2021 CITY OF REDLANDS CONTRACTOR By• By. Paul T Barich, Mayor Shane Francis, Quick Strike Sports Inc ATTEST Jeanne Donaldson, City Clerk 2 L.\ca\djm\Agreements\Quick Strike Sports First Amendment.FY21-0010.docx.jn EXHIBIT "F" FIRST AMENDMENT REDLANDS CRUSH BASEBALL 9 L:\ca\Reso\8237 Sports Organization Agreements and Amendments.docx FIRST AMENDMENT TO FIELD USE AGREEMENT This first amendment ("First Amendment") to the Field Use Agreement dated April 6, 2021 ("Agreement"), by and between the City of Redlands, a municipal corporation ("City"), and Redlands Crush Baseball ("RCB"), is made and entered into this 3rd day of August, 2021 RECITALS WHEREAS, it is the desire of the City and RCB to amend their existing Agreement, specifically to change the date for termination of the Agreement to December 31, 2021, and WHEREAS, it is the desire of City and RCB to amend Article 2 of their existing Agreement to decrease RCB's present total compensation of seven thousand seven hundred ninety five dollars ($7,795) to the amount of four thousand six hundred seventy seven dollars ($4,677), NOW, THEREFORE, City and RCB agree as follows AGREEMENT Section 1 Article 1 of the Agreement, titled "Term," is hereby amended to read as follows "Section 1 01 The term of this Agreement shall expire on December 31, 2021, unless earlier terminated as provided for herein." Section 2. Article 2 of the Agreement, titled "Rent," is hereby amended to read as follows "Section 2 01 RCB shall pay to City, on or before September 3, 2021, for the term of this Agreement (the "Due Date"), the sum of four thousand six hundred seventy seven dollars ($4,677) as rent (the "Rent") for the Premises." Section 3 All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect. IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of August 3rd, 2021 CITY OF REDLANDS REDLANDS CRUSH BASEBALL By• By. Paul T Barich, Mayor Clint Toth, League President ATTEST Jeanne Donaldson, City Clerk 1 L:\ca\djm\Agreements\Redlands Crush Baseball First Amendment.FY20-0011.docx.jn