HomeMy WebLinkAboutCalifornia Interscholastic Federation - License Agreement for Woodward Parkæ äæ$l'åfffiR &%@st$
LICENSE AGREEMENT
SPECIAL EVENT_\ryOOD\ilARD PARK
(CITY OF FRESNO - CALIFORNIA INTERSCHOLASTIC FEDERATION)
THIS LICENSE AGREEMENT (this "Agreement") is dated this ay ofl./o lu r ,20I3,and is entered into by and betweén the CITY OF FRESNO, a municipal
corporation organized and existing under the laws of the State of California ("City"), and
CALIFORNIA INTERSCHOLASTIC FEDERATION ("CIF"), a California corporation.
AGREEMENT
In consideration of the mutual promises, covenants, and agreements herein
contained, the parties hereto, intending to be legally bound, hereby agree as follows:
\ 1. CIF, as an independent contractor, shall manage and operate 'Woodward
Park located at7775 N. Friant Road, Fresno CA ("Park") during the Event. In such capacity,
CIF shall have exclusive authority over the operations at the Park for purposes of the Event.
CIF shall provide such services consistent with the standards for performance of services in this
Agreement, and where not expressed herein, in accordance with generally accepted industry
standards. In no event shall CIF hold itself out as, act as, or be the agent of, City, without the
City's express written authority to do so.
2. CIF will be responsible for managing all operations and production of
Event. CIF will be responsible for leaving the park in the same condition as it was received,
excluding normal wear & tear.
3. On event dates, CIF shall have access to the Park from 5:00 a.m. to 7:00
p.m.
4. Events: CIF is licensing use of the Park for the purpose of the State High
School Cross Country Championship on the following dates: November 29 and30,2013;
November 28 and29,2014; November 27 and28,2015;
5. Fees and Costs:
Per bid proposal by the City submitted to CIF in October 2003 and renewed in 2010, the City
will waive all Rental Fees for facilities within Woodward Park for the event. The City will also
waive vehicle entrance fees for the event dates. CIF and local meet management may charge
entries fees, with proceed going to the CIF.
There will be no Vendor Fees charged by the City for CIF vendors, nor does the City intend to
sell any items of food for profit on the days of the event.
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The City of Fresno will reimburse the CIF up to, but not to exceed $12,100 per year for
personnel expenses incurred at these events.
6. CIF will be required to supply all required security officers deemed
necessary by the Fresno Police Department.
7. CIF shall comply with all terms of the applicable Conditional Use Permit
("CUP"), laws, liquor licenses, City Ordinances, and written City policies in effect at the time of
the Event.
8. Indemnihcation.
To the furthest extent allowed by law, CIF shall indemniff, hold harmless and defend the City
and each of its off,rcers, ofhcials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and property damage)
incurred by City, Licensee or any other person, and from any and all claims, demands and
actions in law or equity (including attomey's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly out of the performance of this License Agreement. Licensee's
obligations under the preceding sentence shall apply regardless of whether City of any of its
ofhcers, offltcials, employees, agents or volunteers are negligent, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or
caused by the willful misconduct of the City or any of its officers, ofhcials, employees, agents or
volunteers.
If CIF should subcontract all or any portion of the work to be performed under this Agreement,
including, but not limited to, the operations and productions of Event, CIF shall require each
subcontractor to indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
9. Insurance. Throughout the life of this Agreement, CIF shall pay for and
maintain in full force and effect all policy(ies) of insurance required hereunder with (an)
insurance company(ies) either (1) admitted by the California Insurance Commissioner to do
business in the State of California and rated not less than "A-VII" in Best's Insurance Rating
Guide, or (2) authorized by the City's Risk Manager or his/her designee. The following policies
of insurance are required:
A. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as
Insurance Services Offrce (ISO) form CG 00 01 and shall include insurance for "bodily
injury", "propefty damage" and "personal and advertising injury", including premises and
operation, products and completed operations and contractual liability with limits of
liability of not less than $1,000,000 per occuÍrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury, $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
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COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad
as the most current version of Insurance Service Office (ISO) Business Auto Coverage
Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles
or other licensed vehicles (Code I - Any Auto) with limits of liability of not less than
$1,000,000 per accident for bodily injury and property damage.
LIQUOR LIABILITY insurance ( if applicable) which shall be at least as broad as the
most current version of Insurance Services Office (ISO) Liquor Liability Coverage Form
CG 00 33, with limits of liability of not less than $1,000,000 per occuffence and
$2,000,000 aggregate for bodily injury and property damage. The responsibility for this
coverage may be assigned to a concessionaire or vendor.
D. WORKERS' COMPENSATION insurance as required under the California Labor Code.
E. EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident,
$1,000,000 disease each employee and $1,000,000 disease policy limit.
ln the event CIF purchases an Umbrella or Excess insurance policy(ies) to meet the minimum
limits of insurance set forth above, this insurance policy(ies) shall "follow form" and afford no
less coverage than the primary insurance policy(ies).
CIF shall be responsible for payment of any deductibles contained in any insurance policies
required hereunder and Licensee shall also be responsible for payment of any self-insured
retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the
City's Risk Manager or his/her designee. At the option of the City's Risk Manager or his/her
designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City, its off,rcers, officials, employees, agents and volunteers; or (ii)
Licensee shall provide a financial guarantee, satisfactory to City's Risk Manager or his/her
designee, guaranteeing payment of losses and related investigations, claim administration and
defense expenses. At no time shall City be responsible for the payment of any deductibles or
self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
day written notice in favor of the City, of policy cancellation, change or reduction of coverage,
except for the Workers' Compensation policy which shall provide a ten (10) day written notice
ofsuch cancellation, change or reduction ofcoverage. In the event any policies are due to expire
during the term of this Agreement, a new certificate evidencing renewal of such policy shall be
provided not less than fifteen (15) days prior to the expiration date of the expiring policy(ies).
Upon issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Licensee shall f,rle with the City a certified copy of the new or renewal policy and
certificates for such policy.
The General Liability, Commercial Automobile Liability and Liquor Liability insurance policies
shall be written on an occurrence form and shall name the City, its ofhcers, off,rcials, agents,
employees and volunteers as an additional insured. Such policy(ies) of insurance shall be
endorsed so CIF'S insurance shall be primary and no contribution shall be required of the City.
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Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to the
City and each of its officers, officials, employees, agents and volunteers.
CIF shall furnish the City with the certificate(s) and applicable endorsements for ALL required
insurance two (2) weeks prior to any scheduled Event. The failure to furnish the City with the
certificate(s) and applicable endorsements for ALL required insurance two (2) weeks prior to any
scheduled Event, or to maintain the required insurance during the scheduled Event, shall be
sufficient cause for the City to terminate this Agreement.
The fact that insurance is obtained by CIF shall not be deemed to release or diminish the liability
of CIF, including, without limitation, liability under the indemnification provisions of this
Agreement. The duty to indemnify City and its ofhcials, officers, employees, agents and
volunteers shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by CIF. Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of CIF or any subcontractors.
Upon request of City, CIF shall immediately furnish City with a complete copy of any insurance
policy required under this Agreement, including all endorsements, with said copy certified by the
underwriter to be a true and comect copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
If CIF should subcontract all or any portion of the subcontract all or any portion of the work to
be performed under this Agreement, including, but not limited to, the operations and productions
of Events, CIF shall require each subcontractor to provide insurance protection in favor of CITY
and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of this section, except that any required certificates and applicable endorsements
shall be on file with CONSULTANT and CITY two (2) weeks prior to the commencement of
any work by the subcontractor.
10. Authority and Approval. All parties hereto have the requisite power and
authority to execute, deliver and perform this Agreement, and all actions of each such party,
necessary for such execution, delivery and performance have been duly taken.
1 1. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall for all purposes be deemed an original, and all such
counterparts shall together constitute but one document.
12. Goveming Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Venue shall be Fresno County.
13. Termination. This Agreement shall terminate immediately at the
scheduled conclusion of the Events. This Agreement shall also be immediately terminated should
CIF fail to comply with the terms of this Agreement, including the terms of the CUP. Sections 8
and 9 of this Agreement shall survive the termination or expiration of this Agreement.
14. Amendment. This Agreement may not be amended or modified except in
writing signed by each of the parties to this Agreement. This Agreement shall be construed as to
its fair meaning and not strictly for or against either pafty. The headings hereof are descriptive
only and not to be construed in interpreting the provisions hereof.
15. Assignment. CIF may not assign its rights under this Agreement without
the written consent of City, which consent may be withheld at City's sole and absolute
discretion.
16. Prior Agreements. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and supersedes all prior and agreements and
understandings concerning the subject matter hereof.
ISIGNATURES APPEAR ON NEXT PAGE]
IN V/ITNESS WHEREOF, the parties have executed this AGREEMENT to be effective as of
the date first above written.
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ATTEST:
YVONNE SPENCE CMC
City Clerk
CITY:
CITY OF FRESNO,
a municipal corporation
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City
Name:
Title: Cx¿¿ u l, - ,. D.,,Aa r,-'{.¿
Date:
Name:
Title:
Date:
Date:
CIF:
CALIF ORNIA INTERS CHOLASTIC
FEDERATI,ãCaliforniacorporation
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