HomeMy WebLinkAboutA3678 - PS YOUTH LEAGUE DEMUTH MO 5772 P.S. Youth League
Baseball Program-DeMuth Park
AGREEMENT #3678
M05772, 7-3-96
- - --
AGREEMENT /n�
This Agreement, made and entered into this 3, 1( day of Q�
199 _, between the City of Palm Springs, California, hereinafter refe err d to as "City," and the
Palm Springs Youth League, hereinafter referred to as "Youth League."
Whereas the City and Youth League are mutually interested in providing quality recreational
activities for the youth of Palm Springs; and
Whereas the City and Youth League desire to undertake an effort through fulfillment of these
goals; and
Whereas it is recognized that through a cooperative agreement between the City and Youth
League, the community will be afforded the fulfillment of a major recreational goal for youth.
Now, therefore, the City and Youth League do hereby mutually agree as follows:
1. INTENT OF AGREEMENT
1.1 It is the intent of this agreement to describe the responsibilities of the City and
Youth League in their cooperative effort to effectively promote and provide
softball and baseball for the youth of Palm Springs.
2. AREAS OF RESPONSIBILITY
2.1 Field Use and Scheduling
2.1.1 The City shall make available to Youth League the John Williams Little
League fields located at DeMuth Park from the first week in March until
the third week in August from 3:00 p.m. to 10:00 p.m., Monday through
Friday, and 8:00 a.m. to 1:00 p.m., Saturday.
2.1.2 The City shall make available to Youth League the Pavilion Field (Suns
Practice Field)the first week in March until the third week in August from
4:00 p.m. to 10:30 p.m., Monday through Friday. Weekend and off-season
use shall be requested on a separate facility use application and submitted
to the City's Recreation Manager one (1) month prior to use.
2.1.3 Youth League must inform the City if it intends to operate the concession
at DeMuth Park or if it will have a concessionaire operate the facility for
it. The concessionaire must be approved by the City and must have a City
business license. Youth League will pay a concession fee of One
Thousand Dollars ($1,000) per year to the City. This concession payment
will be spent on improvements to the concession stand. Improvements will
be mutually agreed upon by City and Youth League in advance of any
expenditure commitment.
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2.2 Membership, Registration and Bylaws
2.2.1 Youth League must insure that its program is conducted in accordance
with the National Pony League Rules and Regulations and Bylaws. It shall
be the responsibility of the City to investigate concerns or complaints
regarding violation of the statements and take appropriate action.
2.2.2 The City recommends that all coaching staff, referees and board members
be currently certified in cardiopulmonary resuscitation and first aid.
2.3 Playing Equipment
2.3.1 Youth League shall be responsible for all supplies, equipment and
imiforms relating to the program.
2.4 Compliance with Park Rules and Regulations
2.4.1 Youth League agrees to support the City by informing its participants of
park rules and regulations (Chapter 11.44 of the Palm Springs Municipal
Code).
2.4.2 An adult designated by Youth League shall be present at all practices and
games to enforce park rules and regulations.
2.5 Field Maintenance, Preparation and Utilities
2.5.1 The City's Parks Division shall annually prepare the fields for play before
the last full week in March (including the installation of the center field
fence at DeMuth Park).
2.5.2 The City shall regularly water the playing fields, maintain the lawn areas
and repair potholes.
2.5.3 The City shall pay for the electrical power to light the fields for practice
and league games. The City shall also replace and realign the field lights
as needed.
2.5.4 The City shall purchase, install and maintain home plate, base pegs and
one pitching rubber at each playing field and shall bill Youth League for
materials. Payment is due thirty (30) days from invoice date. City shall
provide labor.
2.5.5 Youth League shall prepare and maintain all assigned fields, including
application of clay as necessary. Maintenance also includes adjusting
bases and marking fields.
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2.5.6 Youth League shall purchase and store chalk required to line fields.
2.6 Communications
2.6.1 The City's assigned representative shall act as a resource liaison between
the City and the `touth League person concerning operational matters.
2.6.2 Youth League shall provide the City annually with current Youth League
rules and regulations.
2.7 Program Evaluation
2.7.1 Youth League agrees to provide the City with information necessary to
monitor and evaluate Youth League's compliance with this Agreement.
2.7.2 Program evaluation shall occur as needed throughout the season and
formally at the conclusion of the season.
2.8 Compensation for Park Use
2.8.1 For use of the fields, Youth League shall make compensation to the City
in accordance with the following payment schedule:
Year 1: $2,500 due on June 30, 1995
Year 2: $3,000 due on June 30, 1996
Year 3: $4,500 due on January 31, 1997
Year 4: $6,000 due on January 31, 1998
Year 5: $7,000 due on January 31, 1999
3. INSURANCE AND INDEMNIFICATION
3.1 Youth League shall procure and maintain, at its sole cost and expense, in a form
and content satisfactory to City, during the entire term of this Agreement,
including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per-occurrence basis. A combined
single limit of$1,000,000.00.
(b) Worker's Compensation Insurance. In the event Youth League hires any
employees so defined in the Labor Code's Worker's Compensation
Section, a policy of worker's compensation insurance shall be procured
and maintained in such amount as will fully comply with the laws of the
State of California and that shall indemnify, insure and provide legal
defense for both Youth League and City against any loss, claim or damage
arising from any injuries or occupational diseases occurring to any worker
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employed by or any persons retained by Youth League in the course of
carrying out the work or services contemplated in this Agreement.
All of the above policies of insurance shall be primary insurance and shall name
the City, its officers, employees and agents as additional insureds. The insurer
shall waive all rights of subrogation and contribution it may have against City, its
officers, employees and agents and their respective insurers. All of said policies of
insurance shall provide that said insurance may not be amended or canceled
without providing thirty (30) days' prior written notice by registered mail to the
City. In the event any of said policies of insurance are canceled, Youth League
shall, prior to the cancellation date, submit new evidence of insurance in
conformance with this Section 3.1 to the Contract Officer.
No work or services under this Agreement shall commence until Youth League
has provided City with Certificates of Insurance or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance or
binders are approved by City.
Youth League agrees that the provisions of this Section 3.1 shall not be construed
as limiting in any way the extent to which Youth League may be held responsible
for the payment of damages to any persons or property resulting from Youth
League's activities or the activities of any person or persons for which Youth
League is otherwise responsible.
In the event Youth League subcontracts any portion of the work in compliance
with Section 8.4 of this Agreement, the contract between Youth League and such
subcontractor shall require the subcontractor to maintain the same policies of
insurance that Youth League is required to maintain pursuant to this Section 3.1.
3.2 Indemnification
Youth League agrees to indemnify the City, its officers, agents and employees
against and shall hold and save them and each of them harmless from any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities (herein "claims or liabilities") that may
be asserted or claimed by any persons, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities of
Youth League, its agents, employees, subcontractors or invitees provided for
herein, or arising from the negligent acts or omissions of Youth League
hereunder, or arising from Youth League's negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, but
excluding such claims or liabilities arising from the sole negligence or willful
misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
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(a) Youth League shall defend any action or actions filed in connection with
any of said claims or liabilities and shall pay all costs and expenses,
including legal costs and attorneys' fees incurred in connection therewith;
(b) Youth League shall promptly pay any judgment rendered against the City,
its officers, agents or employees for any claims or liabilities arising out of
or in connection with the negligent performance of or failure to perform
such work, operations or activities of Youth League hereunder; and Youth
League agrees to save and hold the City, its officers, agents and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees, is made a party to
any action or proceeding filed or prosecuted against Youth League for
such damages or other claims arising out of or in connection with the
negligent performance of or failure to perform the work, operation or
activities of Youth League hereunder, Youth League agrees to pay City, its
officers, agents or employees, any and all costs and expenses incurred by
the City, its officers, agents or employees, in such action or proceeding,
including, but not limited to, legal costs and attorneys' fees.
3.3 Sufficiency of Insurer or Surety
Insurance of bonds required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated "A" or better in the
most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal
Re tgster, and only if they are of a financial category Class VII or better, unless
such requirements are waived by the Risk Manager of the City ("Risk Manager")
due to unique circumstances. In the event the Risk Manager determines that the
work or services to be performed under this Agreement creates an increased or
decreased risk of loss to the City, Youth League agrees that the minimum limits of
the insurance policies and the performance bond required by this Section 3 may
be changed accordingly upon receipt of written notice from the Risk Manager;
provided that Youth League shall have the right to appeal a determination of
increased coverage by the Risk Manager to the City Council of City within ten
(10) days of receipt of notice from the Risk Manager.
4. WAIVER OF UTILITY FAILURE
4.1 Youth League expressly waives any and all claims to the City for compensation
for any and all losses or damages sustained for any reason or any defect,
deficiency or impairment of any utility system, water supply system, drainage
system, electrical apparatus or wires serving DeMuth Park and Pavilion Field with
respect to the loss of these fields for Youth League functions.
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5. ENFORCEMENT OF AGREEMENT
5.1 California Law
This Agreement shall be construed and interpreted both as to validity and to
performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Youth League covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
5.2 Disputes
In the event of any dispute arising under this Agreement, the injured party shall
notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10) days of
service of such notice and completes the cure of such default within forty-five
(45) days after service of the notice, or such longer period as may be permitted by
the injured party; provided that if the default is an immediate danger to the health,
safety and general welfare, such immediate action may be necessary. Compliance
with the provisions of the section shall be a condition precedent to termination of
this Agreement for cause and to any legal action, and such compliance shall not
be a waiver of any party's right to take legal action in the event that the dispute is
not cured, provided that nothing herein shall limit City's or Youth League's right
to terminate this Agreement without cause pursuant to Section 5.8.
5.3 Retention of Funds
Youth League hereby authorizes City to deduct from any amount payable to
Youth League (whether or not arising out of this Agreement) (i) any amounts, the
payment of which may be in dispute hereunder or which are necessary to
compensate City, for any losses, costs, liabilities or damages suffered by City, and
(ii) all amounts for which City may be liable to third parties by reason of Youth
League's acts or omissions in performing or failing to perform Youth League's
obligation under this Agreement. In the event that any claim is made by a third
parry, the amount or validity of which is disputed by Youth League, or any
indebtedness shall exist that shall appear to be the basis for a claim or lien, City
may withhold from any payment due, without liability for interest because of such
withholding, any amount sufficient to cover such claim. The failure of City to
exercise such right to deduct or to withhold shall not, however, affect the
obligations of Youth League to insure, indemnify and protect City as elsewhere
provided herein.
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5.4 Waiver
No delay or omission in the exercise of any right or remedy by a non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other
party's consent to or approval of any subsequent act. Any waiver by either party
of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
5.5 Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
5.6 Legal Action
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the
purposes of this Agreement.
5.7 Termination Prior to Expiration of Term
This section shall govern any termination of this Agreement except as specifically
provided in the following section for termination for cause. City reserves the right
to terminate this Agreement at any time, with or without cause, upon thirty (30)
days' written notice to Youth League, except that where termination is due to the
fault of Youth League, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, Youth League reserves the right
to terminate this Agreement at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of
City, the period of notice may be such shorter time as Youth League may
determine.
5.8 Attorneys' Fees
If either party to this Agreement is required to initiate or defend or made a parry to
any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief that
may be granted, whether legal or equitable, shall be entitled to reasonable
attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and, in
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addition, a party entitled to attorneys' fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery, and all other
necessary costs the court allows that are incurred in such litigation. All such fees
shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
6. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
6.1 Non-Liability of City Officers and Employees
No officer or employee of the City shall be personally liable to Youth League, or
any successor in interest, in the event of any default or breach by the City or for
any amount that may become due to Youth League or to its successor, or for
breach of any obligation of the terms of this Agreement.
6.2 Non-Liability of Youth League Officers and Employees
No officer or employee of Youth League shall be personally liable to the City, or
any successor in interest, in the event of any default or breach by Youth League or
for any amount that may become due to City or to its successor, or for breach of
any obligation of the terms of this Agreement.
6.3 Conflict of Interest
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement that affects his financial interest or the
financial interest of any corporation, partnership or association in which he is
directly or indirectly interested, in violation of any state statute or regulation.
Youth League warrants that it has not paid or given and shall not pay or give any
third party any money or other consideration for obtaining this Agreement.
6.4 Covenant Against Discrimination
Youth League covenants that, by and for itself, its heirs, executors, assigns and all
persons claiming under or through it, there shall be no discrimination against or
segregation of any person or group of persons on account of race, color, creed,
religion, sex, marital status, national origin or ancestry in the performance of this
Agreement.
7. MISCELLANEOUS PROVISIONS
7.1 Notice
Any notice, demand, request, document, consent, approval or communication
either party desires or is required to give to the other parry or any other person
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shall be in writing and either served personally or sent by prepaid, first-class mail,
in the case of the City, to the City Manager and to the attention of the Contract
Officer, CITY OF PALM SPRINGS, P. O. Box 2743, Palm Springs, California
92263-2743, and, in the case of Youth League, to the person at the address
designated on the execution page of this Agreement. Either party may change its
address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated at the time personally delivered or in seventy-two
(72) hours from the time of mailing if mailed as provided in this section.
7.2 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason
of the authorship of this Agreement or any other rule of construction that might
otherwise apply.
7.3 Integration; Amendment
It is understood that there are no oral agreements between the parties hereto
affecting this Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this Agreement. This
Agreement may be amended at any time by the mutual consent of the parties by
an instrument in writing.
7.4 Severability
In the event that any one or more of the phrases, sentences, clauses, paragraphs or
sections contained in this Agreement shall be declared invalid or unenforceable by
a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs or sections of this Agreement hereby declared as severable and shall
be interpreted to carry out the intent of the parties hereunder unless the invalid
provision is so material that this invalidity deprives either party of the basic
benefit of their bargain or renders this Agreement meaningless.
7.5 Corporate Authority
The persons executing this Agreement on behalf of the parties hereto warrant that
(i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement,
and (iv) the entering into this Agreement does not violate any provision of any
other agreement to which said party is bound.
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0 •
8. COORDINATION OF WORK
8.1 Representative of Youth League
The following principals of Youth League are hereby designated as being the
principals and representatives of Youth League, authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection
therewith:
President or Designee of Youth League
P. O. Box 487
Palm Springs, CA 92263
8.2 Contract Officer
The Contract Officer shall be such person as may be designated by the City
Manager of City. It shall be Youth League's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the
services and Youth League shall refer any decisions that must be made by City to
the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall need the approval of the Contract Officer. The Contract
Officer shall have authority to sign all documents on behalf of City required
hereunder to carry out the terms of this Agreement.
8.3 Prohibition Against Subcontracting or Assignment
The experience, knowledge, capability and reputation of Youth League, its
principals and employees, were substantial inducement for City to enter into this
Agreement. Therefore, Youth League shall not contract with any other entity to
perform, in whole or in part, the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated or encumbered
voluntarily or by operation of law, whether for the benefit of creditors or
otherwise without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty-five percent (25%) of the present ownership and/or
control of Youth League, taking all transfers into account on a cumulative basis.
In the event of any such unapproved transfers, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release
Youth League or any surety of Youth League of any liability hereunder without
the express consent of City.
8.4 Independent Contractor
Neither City nor any of its employees shall have any control over the manner,
mode or means by which Youth League, its agents or employees, performs the
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services required herein, except as otherwise set forth herein. City shall have no
voice in the selection, discharge, supervision or control of Youth League's
employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Youth League shall perform all services
required herein as an independent contractor of City and shall remain at all times
as to City a wholly independent contractor with only such obligations as are
consistent with that role. Youth League shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner
of Youth League in its business or otherwise or a joint venturer or a member of
any joint enterprise with Youth League.
9. TERM
9.1 Unless earlier terminated in accordance with Section 5.7 of this Agreement, this
Agreement shall continue in full force and effect for a period not exceeding three
(3) years from the date hereof, except as otherwise provided.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
ATTEST: CIT GS,
a 4Mger
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By:. By:
Clerk City
APPROVED AS TO FORM: PALMv SPRINGS YOUTH LEAGUE
RUTAN & TUCKER By'. %L LZ _t
Board e ber
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City Attorney
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