1 AGREEMENT FOR INSTALLATION OF SCOREBOARD AT DON JONES PARK (Pachappa Little League, Inc.) This AGREEMENT FOR INSTALLATION OF SCOREBOARD AT DON JONES municipal corporation and PACHAPPA LITTLE LEAGUE, INC., a California nonprofit corporation (nonprofit corporation. RECITALS WHEREAS, the City owns Don Jones Park located at 3995 Jefferson Street, Riverside, California 92504; and WHEREAS, Pachappa Little League, utilizes Don Jones Park for athletic events; and WHEREAS, Pachappa Little League, wishes to donate and install a scoreboard at Don Jones Park for its use and at its expense; and WHEREAS, CITY is willing to accept said donation and allow such installation under certain terms and conditions set forth within this Agreement. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. INSTALLATION OF NEW SCOREBOARD 1.1 3995 Jefferson Street, subject to the terms and conditions of this Agreement. 1.2 No permanent or possessory interest in Don Jones Park property shall accrue to League by reason of this Agreement or the permission given to install the Scoreboard. 2. PLANS; PERMITS; COMPLIANCE WITH LAW 2.1 Prior to commencement of any work, the League shall provide a copy of the installation plans for the Scoreboard to the Office of the Director of the Parks, Recreation 2.2 League shall obtain all permits, as may be required by City for the installation processes, including but not limited to building and electrical permits. 2.3 League shall comply with all applicable ordinances, laws and regulations, including the California Environmental Quality Act. 2 2.4 If applicable, League and all subcontractors are required to pay the general prevailing wage rates or per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by Resolution No. 13346 of the City Council of -line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 3. LOCATION AND OWNERSHIP OF SCOREBOARD 3.1 and located in the outfield of Ball Field #1 of Don Jones Park. 3.2 City shall own the physical structure of the Scoreboard, to be installed by League, that will be located at Don Jones Park. 3.3 Portable accessory equipment not physically attached to the Scoreboard and not located or stored at Don Jones Park, such as computerized controllers, are the personal property of the League and will be separately maintained and controlled solely by League for League games held at Don Jones Park. 3.4 City may allow the Scoreboard to be used for such other community and Don Jones Park, in accordance with the policies and procedures of the PRCSD/City; however, such users must supply their own accessory equipment to operate the scoreboard, or make separate arrangements with League for use of its accessory equipment. City also reserves and retains the right to purchase and use portable accessory equipment necessary to control the Scoreboard for Community Events. 3.5 Other community users of Don Jones Park who wish to use the Scoreboard scheduled use. Usage by other community users must be approved by the PRCSD Director, or his designee. 3.6 It is understood and acknowledged by the parties hereto that League has within Don Jones Park under the established policies and procedures of the PRCSD. The reference. 3.7 Scoreboard is contingent upon their right to use the field within Don Jones Park through approval of the biannual (December and June) field request submittal and approval process. 3 4. INSTALLATION OF NEW SCOREBOARD 4.1 League shall be responsible for any and all costs associated with the installation, labor and materials of the Scoreboard, including building, electrical and other fees as may be required for the installation. 4.2 League shall retain or employ building and electrical contractors satisfactory to the Director of PRCSD for installation of the Scoreboard. 4.3 If applicable, all contractors retained or employed by League to perform any services related to the installation of the Scoreboard shall provide to the City proof of insurance in compliance with the requirements set forth in Paragraph 8 of this Agreement officers and employees as additional insureds and certificate holders under such policies of 4.4 Work of installation of the Scoreboard shall be performed during the hours of 7:00 a.m. and 3:30 p.m., Monday through Friday. 4.4.1 No work shall be commenced or performed on any day or at any time unless and until a City representative designated by the Director of PRCSD is present. 4.4.2 League shall provide the Parks Division at least twenty-four (24) Don Jones Park. 4.5 Should removal of the Scoreboard be required in the future, League shall pay all costs of removal of the Scoreboard and repair any damage to the property occasioned by such removal. 4.6 remove the Scoreboard should circumstances require such removal because the Scoreboard has fallen into disrepair, is improperly maintained or for such other circumstances that may arise requiring such removal. If the League neglects to comply with the sixty (60) day notice, the City reserves the right to remove and/or repair the Scoreboard and the League will be responsible for all costs associated with removal or repair. 5. MAINTENANCE, REPAIR, CLEAN UP 5.1 League shall bear the responsibility for the repair of any park property damaged during the installation of the Scoreboard. Such repairs, if needed, shall be completed within five (5) business days and repaired to the satisfaction of the Director of PRCSD or his designee. 4 5.2 League shall maintain the quality and appearance of the Scoreboard during the time it remains at Don Jones Park. 5.2.1 All costs of maintenance, repair, graffiti removal, insurance and liability shall be borne solely by League. 5.3 Any graffiti on the Scoreboard, posts or brackets shall be removed within twenty-four (24) hours of notice of such graffiti. Any other damage to the Scoreboard must be repaired within seven (7) business days. If the damage or graffiti is not removed and or use of the athletic fields, snack bar and Scoreboard until the damage is repaired or graffiti is removed. 6. NO ADVERTISEMENT ON SCOREBOARD 6.1 No advertisement will be allowed on the new scoreboard except for logos approved by the PRCSD Director. 7. INDEMNIFICATION 7.1 Except as to the sole negligence, active negligence or willful misconduct of the City, League shall indemnify and hold the City, and its employees, officers, managers, agents and council members, harmless from any and all loss, damage, claim for damage, lis in any manner connected with, the performance of Work, activities, operations or duties of League, or anyone employed by or working under League, and from all claims by anyone employed by or working under League for services rendered to League in the performance of this Agreement, notwithstanding that the City may have benefited from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of League or of anyone employed by or working under League. 7.2 expense that the City incurs or makes to or on behalf of an injured employee under the the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 8. INSURANCE 8.1 thereafter maintain until completion of the Agreement, such commercial general and automobile liability insurance as shall protect League from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from or which may concern operations under the Agreement, whether such operations be by or on behalf of League, any subcontractor or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them. 5 8.2 All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California with commercial general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: Commercial General $1,000,000 per occurrence $2,000,000 aggregate Automobile $1,000,000 per occurrence 8.3 Policies or original certificates of insurance and completed forms of the Additional Insured Endorsement (or insurance company equivalent acceptable to City) evidencing the coverage required by the Agreement for both commercial general and automobile liability, shall be filed with City and shall include City as an additional insured. The policy or policies shall be in the usual form of public liability insurance, but shall also include the following provisions: City of Riverside, it is agreed that the City of Riverside and its officers and 8.4 The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail. 8.5 The insurance policy or policies shall also comply with the following provisions: 8.5.1 Policies shall include premises/operations, products completed collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage. 8.5.2 The policy shall be endorsed to waive any right of subrogation against the City and its subconsultants, employees, officers, agents and directors for work performed under this Agreement. 8.5.3 If policies are written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the project. The retroactive date of the coverage must also be listed. 8.5.4 The policy shall specify that the insurance provided by League will be considered primary and not contributory to any other insurance available to the City of Riverside. 8.6 Contractor shall ensure that any professional engineer(s) retained on its 6 behalf to provide supplemental plans and engineering calculations required in conjunction with the Work, maintains professional liability insurance during the entire term of this Agreement. Such insurance shall be in the minimum amount of $1,000,000 to protect City from claims resulting from the engineer(s) activities. This minimum amount of coverage herein. 8.7 A certificate of insurance evidencing the coverage required herein shall be 9. ASSIGNMENT 9.1 The terms of this Agreement are not assignable by League. 10. GOVERNING LAW 10.1 This Agreement shall be governed by the laws of the State of California. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid. 11. COMPLIANCE WITH LAWS 11.1 In the performance of this Agreement, League shall abide by and conform to any and all applicable laws of the United States, the State of California and the City Charter and Municipal Code. 12. WAIVER 12.1 No waiver or failure to exercise any right, option or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege on any other occasion. 13. NO THIRD-PARTY RIGHTS 13.1 The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein. 14. INDEPENDENT CONTRACTOR 14.1 League is at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of City. /// /// /// /// 7 15. NOTICES 15.1 Service of any notices or other documents required or permitted under the Contract shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: City of Riverside League City of Riverside Pachappa Little League, Inc. Park, Recreation and Attn: Michael Daily Community Services Dept. 9520 55th Street 3900 Main Street Riverside, CA 92509 Riverside, CA 92522 16. ENTIRE AGREEMENT 16.1 This Agreement constitutes the entire agreement and understanding between the parties hereto, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement. 17. AUTHORITY 17.1 Pachappa Little League and Pachappa Little Leaguethat the signatories hold the positions set forth below their signatures and that the signatories are authorized to execute this Agreement on behalf of Pachappa Little League and to bind Pachappa Little League hereto. 18. TERMINATION BY CITY 18.1 The City shall have the right to terminate this Agreement at any time and take over all maintenance and repair obligations of the Scoreboard. The City shall be required to provide Pachappa Little League with written notice of said termination. 19. DIGITAL AND COUNTERPART SIGNATURES 19.1 Each party to this Agreement intends and agrees to the use of digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (Civil Code §§ 1633.1, et seq.), California Government Code § 16.5, and California Code of Regulations Title 2 Division 7 Chapter 10, to execute this Agreement. The parties further agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures for purposes of validity, enforceability, and Section 1633.2 of the Civil Code. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each certified or authenticated electronic copy of an encrypted digital signature shall be deemed a 8 duplicate original, constituting one and the same instrument and shall be binding on the parties hereto. (Signatures on following page) 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. CITY OF RIVERSIDE, a California charter city and municipal corporation By: _________________________________ Pamela Galera Parks and Recreation and Community Services Director ATTEST: By: _________________________________ Donesia Gause City Clerk CERTIFIED AS TO AVAILABILITY OF FUNDS: By: _________________________________ Chief Financial Officer APPROVED AS TO FORM: By: _________________________________ Anthony L. Beaumon Sr. Deputy City Attorney PACHAPPA LITTLE LEAGUE, INC., a California nonprofit corporation By: _________________________________ Print Name: __________________________ Title: _______________________________ and By: _________________________________ Print Name: __________________________ Title: ________________________________ CA #313487 ALB/jv 03/03/26
Description of where Scoreboard to be installed. [Attached behind this page.]
Agreement to Release All Liability [Attached behind this page.]
CITY OF RIVERSIDE AGREEMENT TO RELEASE ALL LIABILITY Installation of Scoreboard at Don Jones Park Age:_______ BY SIGNING THIS DOCUMENT YOU ARE GIVING UP YOUR RIGHT TO SUE _____ I understand that I am in no way required to participate in the installation of the scoreboard at Don Jones Park and that my participation is voluntary. _____ I understand that I must sign this release of liability if I would like to participate in the installation of the scoreboard at Don Jones Park. _____ I understand that the City of Riverside is permitted by law to require me to sign this release of liability before permitting me to participate in the installation of the scoreboard at Don Jones Park. I understand that by signing this document I am forever agreeing to indemnify and hold the City of Riverside and its employees, officers, managers, agents and council members harmless from any and all liability, loss or damage caused by or arising from their negligence, or those of others, including myself. I understand that I am agreeing to forever release from liability the City of Riverside and its employees, officers, managers, agents and council members and further agree to give up my right to sue them for any and all property damage, personal injury or wrongful death resulting from their negligence, my own negligence, or the negligence of others. My signature on this document will also prevent my heirs, assigns, representatives, legal guardians, or any person who may sue on my behalf, from suing as well. I understand that by participating in this activity, there are risks of physical injury to my person or property, as well as risks due to the negligent conduct of the City and its employees, myself, or others, involved with the installation of the scoreboard at Don Jones Park. By voluntarily participating in the installation of the scoreboard at Don Jones Park I understand the risks of injury to my person and property and am assuming the risk of such. By signing below, I acknowledge and declare that I understand the legal consequences of this release. SIGNATURE OF PARTICIPANT:__________________________ Date:______________ Parent/Guardian: I declare under penalty of perjury that I am the parent/guardian of the minor. I have authority to enter into this agreement on behalf of the minor. I agree to be bound by its terms [if participant is a minor]. Print Name of Parent/Legal Guardian:________________________ Relation:___________ PARENT/LEGAL GUARDIAN SIGNATURE:______________________________________
Facility Use Agreement [Attached behind this page.]
III. RESPONSIBILITIES DURING THE EVENT 1.Occupancy Limits- 2.Supervision of Minors - ate - - - Responsible Party - safety of all charges to the applicant or IV. RESPONSIBILITIES AFTER THE EVENT 1.Clean-Up Time - Clean-ate. 2.Cleaning Tasks - - Post-Even - -- - - V. ADDITIONAL ITEMS 1. – 2.C - A) Fal the event. If a n arise one of the Outdoor rentals – 5.Ongoing Rentals - at least three 6. - 7. .