Loading...
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 -1- T 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. -2- Y 0 0 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. MAW 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, -3- 0 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 ►,y 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 7� 0 0 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: -5- City Clerk City HARBOR AREA BAS � i 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 ........... _ _ DON:mh 8/24/72