HomeMy WebLinkAboutC-1486 - Harbor Area Baseball ProgramA G R E E M E N T
THIS AGREEMENT, made and entered into this ;9 T//
day of Av& ✓5 ? , 1972 by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter called
"CITY," and HARBOR AREA BASEBALL, INC., a California corpora-
tion, duly organized and existing under and by virtue of the
laws of the State of California, hereinafter called "OPERATOR."
W I T N E S S E T H:
WHEREAS, City desires as part of its Park and
Recreation Program to continue its summer baseball program
for the use of the City; and
WHEREAS, Operator is a corporation formed for the
specific purpose of operating a summer baseball program for
the children of the Harbor Area, in conjunction with other
charitable and educational organizations; and
WHEREAS, City desires to contract with Operator
for the purpose of conducting a full service baseball pro-
gram, to which City will contribute financially as part
of the consideration hereof; and
WHEREAS, the parties hereto desire to set forth
their rights, liabilities and obligations in connection
herewith;
NOW, THEREFORE, for and in consideration of the
covenants contained herein, performed and to be performed,
the parties hereto agree as follows:
I
Operator agrees to undertake and fully conduct a
summer baseball program for the use of the City of Newport
Beach, among other communities, under terms and conditions
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as shall hereinafter appear.
II
Except for those things which the City hereinafter
agrees to provide, Operator shall furnish all personnel and
equipment and arrange for facilities, including but not
limited to umpires, coaches, trainers, scorekeepers and
administrative assistants in sufficient number to insure an
efficient, well -run summer baseball program.
Operator agrees to arrange for equipment, which
shall include but not necessarily be limited to balls, bats,
bases, trophies, uniforms, umpire protective gear and score-
card equipment.
Operator agrees to make the arrangements for pro-
viding all diamonds, bleachers, parks, lighting and refresh-
ment concessions, if any.
Operator agrees to schedule games, conduct champion-
ship play -offs, conduct tournaments, undertake a program of
publicity and promotion, conduct All -Star games, award
trophies, and to maintain player and game records.
III
City agrees to provide and schedule on a regular
basis the ball diamonds under City jurisdiction, and which
are in operation at the time of the execution of this
Agreement. City agrees to furnish the energy for the lighted
ball diamonds under its jurisdiction when used in connection
with Operator's scheduled games. City also agrees to assist
in a signup program of players, coaches, trainers and other
personnel through its Park and Recreation Department. It
is understood by and between the parties hereto, that the
ultimate responsibility for players and personnel is that
of the Operator.
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IV
Operator agrees to annually produce an operating
budget, setting forth the anticipated expenses and needed
income, and upon approval of said budget by the City, City
will pay over to Operator for Operator's use exclusively
in the summer baseball program, a sum of money proportionate
to City's percentage share of participation, along with other
governmental agencies, school districts, and charitable
organizations. Said sum of money will be an amount negotiated
by the parties hereto, and approved by the City Council as
set forth in the Parks, Beaches and Recreation Department
budget, and said sum will be paid to Operator monthly or
as Operator's invoices are presented for City approval.
VI
Operator shall be responsible for and shall obtain
all permits, licenses and shall pay all fees assessed by any
governmental agency, and shall be fully responsible for all
taxes, if any, which may be assessed upon its operation.
Lip
City shall have the right to audit or inspect
Operator's records at any time during business hours, and
Operator agrees to fully disclose all records, financial
and otherwise, to City for this purpose.
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Operator agrees to comply with all federal, state
and local laws, ordinances, rules and regulations, and failure
to so comply shall be reason for an immediate termination of
this contract.
VIII
Operator agrees to obtain liability insurance in
single limit bodily injury liability, including property
damage, with City to be designated as an additional insured,
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and with the provision that said coverage shall be primary
for any loss occasioned by reason of the activities under
this contract, said insurance to be in a principle amount
of not less than $500,000.00.
Operator agrees to provide Workmen's Compensation
coverage for any of its employees and to retain said policy
in full force and effect for the term of this contract.
IX
Operator agrees to protect, defend, indemnify and
hold harmless the City, its elective officers, agents and
employees, and to hold them harmless against any and all
costs and expenses of any claims which may arise in connec-
tion with the activities under this contract, including any
injuries to players or Operator's employees, loss or damage
of equipment of Operator, its employees or players
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The City Manager of the City, or his agent assigned
the position, shall act as liaison between City and Operator,
and Operator shall designate its President or other person
as Operator's liaison agent. Liaison agents of Operator and
City shall schedule regular meetings for the purpose of dis-
cussing and determining activities, goals and objectives,
and for the purpose of resolving any problems which may have
arisen in connection with the summer baseball program.
XI
This contract shall not be assignable by either
party without the consent in writing from the other.
XII
In the event of a default hereunder by either party,
the other shall demand, in writing, full compliance within a
ten -day period, or in the event of failure to fully comply
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within said period, the non - defaulting party shall not be
further bound.
XIII
The effective date of this contract shall be that
date when similar contracts are entered into between Operator,
the City of Costa Mesa, and Boys' Club of the Harbor Area.
XIV
This Agreement shall be binding upon the successors
in interest of either party hereto and shall be in full force
and effect for a period of one year, commencing September 1,
and ending August 31, and shall be automatically renewed for
each successive year thereafter, unless either party to said
agreement gives thirty (30) days' notice in writing to the
other party of its desire not to renew.
XV
This Agreement rescinds and supersedes the terms
and conditions of the Harbor Area Baseball program policy
agreement executed by the Cities of Newport Beach and
Costa Mesa and the Boys' Club of the Harbor Area, dated
February 17, 1970.
iCCI-TY OIF�NEWPSO�R-TIBEACH
By
Mayor
APPROV D AS TO FORA1:
/ Attest:
r 1`' Av
City Attorney
By:
By:
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City Clerk City
HARBOR AREA BAS
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RESOLUTION NO. 77c,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND HARBOR AREA BASEBALL, INC., TO CONDUCT THE
HARBOR AREA BASEBALL PROGRAM
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and Harbor Area Baseball, Inc., to conduct
the Harbor Area baseball program; and
WHEREAS, the City Council has considered the terms and
conditions of said agreement and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said agreement above described is
approved, and the Mayor and City Clerk are hereby authorized and
directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 28th day of August, 1972.
ATTEST:
City Clerk
Mayor
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DON:mh
8/24/72