LONG BEACH RECREATION DOG PARK ASSN.
AGREEMENT WITH THE CITY -- DOG ZONE

Last updated Jan. 25, 2004

The following is a copy of our City Agreement and its amendments.

AGREEMENT

28433

THIS AGREEMENT is made and entered, in duplicate, as of Sept. 30, 2003, for reference purposes only, pursuant to a minute order of the City Council of the City of Long Beach adopted at its meeting held on July 1, 2003, by and between RECREATION DOG PARK ASSOCIATION, a nonprofit corporation ("Association"), whose address is P.O. Box 8337, Long Beach, California 90808, and the CITY OF LONG BEACH, a municipal corporation ("City").

WHEREAS, Association will assist in the implementation of Ordinance No. C-7859 to provide for the exercise of dogs upon a designated portion of the beach of the City of Long Beach; and

WHEREAS, because the Work is on public property, the City desires to supervise said Work;

NOW, THEREFORE, in consideration of the mutual terms and conditions herein, the parties agree as follows:

1. The Association will participate (the "Work") in educating the public in the purposes and rules for the use of those portions of the City beach so designated. The Association will further give assistance to the public so using the beach so as to make that use productive and beneficial to those dog owners and the City as a whole. The Association will participate in beach clean up for that designated area.

2. The City and not employees, officers, volunteers, agents, or any other person affiliated with Association shall supervise the Work. Supervision shall include but not be limited to: following a Work plan developed to provide a quality result (such as proper planting of trees and shrubs), properly preparing the area on which work will be done, using equipment, tools, materials, and supplies that are appropriate for the nature of the Work, complying with applicable laws and regulations, maintaining a safe working environment for volunteers and for members of the public in the vicinity of the Work.

3. Except for the limited purposes of California Government Code Section 810.2 relating to their party claims, the parties acknowledge and agree that the persons engaged in the Work are volunteers and not employees, representatives, or agents of the City and are not entitled to the usual and customary rights, benefits and privileges of City employees. The City will not provide workers' compensation to, for or on behalf of these persons nor any of the usual and customary rights, benefits of privileges of City employees.

Supervision by the City of this Work shall not be deemed to change the status of the workers from volunteers to any other relationship with the City. If Association pays or in any way compensates its staff or any participant for services provided in the Work, then Association shall provide, prior to the beginning the Work, evidence to City that it has workers' compensation insurance.

3. The term of this Agreement shall commence at 12:01 a.m. on August 1, 2003, and shall terminate at midnight on July 31, 2004, provided, however, that either party may terminate this Agreement by giving ten (10) days' prior notice to the other party.

4. This Agreement shall be binding on and inure to the benefit of the parties and their successors, heirs, personal representatives, transferees, and assignees.

5. Association shall defend, indemnify and hold the City, its officials, employees and agents harmless from and against any and all claims, demands, causes of action, losses, damage, liabilities, costs and expenses (including reasonable attorney's fees) which may be asserted against City arising from the Work to be performed under this Agreement except for claims arising out of City's own negligent or intentional actions.

6. Association shall obtain a release (on a copy of the form attached hereto) from all participants who perform Work under this Agreement and shall deliver the release to City's Director of Parks, Recreation and Marine prior to the start of the Work. Association shall have sole responsibility forgiving safety warnings to participants and shall take appropriate steps to protect the safety of the participants.

7. If Association has liability insurance, then Association shall add City, its officials and employees as additional insureds with respect to the Work to be performed under this Agreement for the term of this Agreement.

8. The Association acknowledges and agrees that volunteers from other groups may also be working in and upon that portion of the beach designated for dog exercise.

9. Notices and communications relating to the provisions of this Agreement shall be in writing and personally delivered or deposited in the U.S. Postal Service, first class, postage prepaid to the address of Association shown above and to City at 2760 Studebaker Road, Long Beach, California 90815, attention: Director. Notice shall be deemed given and received on the date of personal delivery or the date deposited in the
mail, whichever first occurs.

10. The Association shall submit its Articles and By-Laws to the City for review.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed as of the date first set forth opposite their signatures.

JNM:pw
7/31/j03
D2/DOGPARK.AGR\03-01354