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

Last updated Jan. 20, 2004

The following is a copy of our City Agreement and its amendments. The City Council on Nov. 1, 2003, extended the pact through Sept. 14, 2008, with Agreement No. 28532.

AGREEMENT

25939

THIS AGREEMENT is made and entered, in duplicate, as of September 8, 1998, for reference purposes only, pursuant to a minute order adopted by the City Council of the City of Long Beach at its meeting held on September 8, 1998, by and between RECREATION DOG PARK ASSOCIATION, and unincorporated association ("Group"), whose address is 53 1/2 West Pleasant Street, Long Beach, California 90805, and the CITY OF LONG BEACH, a municipal corporation ("City").

WHEREAS, Group will donate materials and supplies for improving public property in Recreation Park (the "Work"); 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 of this Agreement, the parties as follows:

The City and not employees, officers, volunteers, agents, or any other person affiliated with Group 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.

Except for the limited purposes of California Government Code Section 810.2 relating to third-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 wooers' 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 form volunteers to any other relationship with the City. If Group pays or in any way compensates its staff or any participant for services provided in the Work, then Group shall provide, prior to beginning the Work, evidence to City that it has workers' compensation insurance.

The term of this Agreement shall commence at 12:01 a.m. on September 15, 1998, and shall terminate at midnight on September 14, 2001, provided, however, that either party may terminate this Agreement by giving ten (10) days' prior notice to the other party. Group shall have an option to extend the term for one (1) additional term of two (2) years. Group shall exercise its option by giving sixty (60) days' prior notice to City that it is exercising its option.

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

Group 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.

Group 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. Group shall have sole responsibility for giving safety warnings to participants and shall take appropriate steps to protect the safety of the participants.

If Group has liability insurance, then Group 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.

The Group acknowledges and agrees that volunteers form other groups may also be working in its area of the park.

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 Group shown above and to City at 2760 Studebaker Road, Long Beach, CA 90815 Attn: Director. Notice shall be deemed given and received on the date of personal delivery or the date deposited in the mail, whichever occurs.

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

IN WITNESS WHEREOF, the parties have executed the Agreement with all the formalities required by law as of the date first mentioned above.

This agreement is hereby approved on Oct. 5, 1998

ROBERT E.SHANNON, City Attorney]

by D.F. Guin, deputy

DFG:rmb
8-27-98
DOGPK98WP.RAG

FIRST AMENDMENT TO AGREEMENT NO. 25939

THIS FIRST AMENDMENT TO AGREEMENT NO. 25939 is made and entered, in duplicate, as of August 9, 2001, for reference purposes only, pursuant to a minute order adopted by the City Council of the City of Long Beach at its meeting on August 7, 2001, by and between RECREATION DOG PARK ASSOCIATION, a nonprofit corporation ("Group"), and the CITY OF LONG BEACH, a municipal corporation ("City").

WHEREAS, the parties entered Agreement No. 25939 whereby the Group donated materials to improve a portion of Recreation Park: and

WHEREAS, the parties desire to extend the term of said Agreement;

NOW, THEREFORE, in consideration of the mutual terms and conditions in Agreement No. 25939 and herein, the parties agree as follows:

Section 3 is hereby amended in its entirety to read as follows:
"3. The term of this Agreement shall commence at 12:01 a.m. on September 15, 1998, and shall terminate at midnight on September 14, 2003, provided, however, that either party may terminate this Agreement by giving ten (10) days prior notice to the other party."

Except as expressly amended herein, all terms and conditions in Agreement No. 25939 are ratified and confirmed and shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this document to be duly executed with all formalities required by law as of the date first stated above.

DFG:8-21-01 (1stAmd#25939DogPark)01-02685