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HomeMy WebLinkAboutReso 95-078 - Approve & Authorize Mayor to sign agreement between the COR & the Redding Youth Baseball for 1995 Umpire Services l RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE REDDING YOUTH BASEBALL FOR 1995 UMPIRE SERVICES. IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves entering into an agreement between the City and the Redding Youth Baseball for the provision of 1995 umpire services, not to exceed $21,000 . A true copy of said agreement is attached hereto and made a part hereof . BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign said agreement on behalf of the City; and the City Clerk is directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 21st day of March , 1995 , by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None R ERT C. ANDERSON, Mayor City of Redding ATTEST: : FORM APP City Attorney CONNIE SI`'ROHMAYER., ty Clerk W. LEONARD WINGA J A G R E lei E W T THIS AGREEMENT is made and entered into, effective May 1, 1995, by and between the City of Redding, a general law city, hereinafter referred to as the "CITY," and the Redding Youth Baseball, a non-profit corporation, hereinafter referred to as i "RYB" : W I T N E S S E T H: WHEREAS, the City Council of the City of Redding is empowered to appropriate and expend money from CITY funds to operate a Recreation Department and diverse recreational programs, including, in particular, various types of recreational baseball for different age levels; and WHEREAS, the CITY has historically provided, within the framework of its recreational programs, umpires for the various types of baseball participated in; and WHEREAS, RYB, with its large number of volunteer members and jlong-term expertise, is particularly well equipped to administer the program for the provision of umpires at all types of CITY recreational baseball games; and 1 WHEREAS, it is deemed to be in the best interests of the CITY and its citizens that certain terms and conditions be agreed upon in writing between the parties hereto; and WHEREAS, it has been determined that this matter is categori- cally exempt from the provisions of the California Environmental Quality Act; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. TERM. The term of this agreement shall be May 1 through September 6, 1995. f 2. SERVICES TO BE PROVIDED BY RYB. During the term of this agreement, RYB agrees to perform the task of obtaining and providing umpires for all Minor, Major, Pony, Colt, and Legion baseball games played on property/facilities provided or obtained by the CITY' s Recreation Department (hereinafter referred to as "Facilities" ) , in order to assist the CITY in maintaining a strong and viable total recreational baseball program. 3. FUNDING. To offset RYB' s costs and expenses incurred in the provision of the aforesaid umpires and related contractual responsibilities, the CITY agrees to pay RYB a total sum not to exceed Twenty-one Thousand Dollars ($21,000) during the 1995 baseball season, payable on or after July 1, 1995, but in no event shall said sum be paid to RYB prior to the CITY receiving and approving RYB' S statement of costs and expenditures pursuant to paragraph 4 hereof . 4. RECORDS. RYB covenants and agrees to submit a summary statement of its costs and expenditures in the performance of its contractual responsibilities herein to the CITY on or before December 31, 1995, and further agrees to keep a full and complete account of its use of all funds received from the CITY and to make such account available to the CITY at any and all reasonable times, upon request. 5. HOLD HARMLESS. A. This agreement is granted upon the express condition that the CITY, its officers, officials, employees, agents, and volunteers, shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with the services to be provided by RYB hereunder, including claims of RYB, its officers, agents, employees, members, invitees, and volunteers. B. RYB shall indemnify, defend, and hold the CITY, its officers, officials, employees, agents, and volunteers, harmless from any and all claims, expenses, demands, causes of action, liability, loss, injury, or death, regardless of the nature or character, in any manner whatsoever, on account of or arising out of any such injury, death, or loss caused by the negligence or other legal fault of RYB or its officers, agents, employees, members, invitees, and volunteers. 2 6. INSURANCE. RYB shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with RYB services to be provided hereunder. The cost of such insurance shall be borne by RYB. Minimum Scope of Insurance Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) . Claims-made form is also acceptable. B. Workers' Compensation insurance as required by the State of California and Employers ' Liability Insurance. Minimum Limits of Insurance RYB shall maintain limits no less than: A. General Liability: $1,000,000. per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be twice the required occurrence limit. B. Employer' s Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees, agents, and volunteers, OR RYB shall procure a bond guaranteeing payment of losses and related investigations, claims administration, and defense expenses. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: A. The CITY, its officers, officials, employees, agents, and volunteers, are to be covered as insureds as respects liability arising out of activities performed by or on behalf of RYB; products and completed operations of RYB; Premises owned, occupied or used by RYB. The coverage shall contain no special limitations of the scope of protection afforded to the CITY, its officers, officials, employees, agents, or volunteers. 3 B. RYB' s insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers, shall be excess of RYB' s insurance and shall not contribute with it. C. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the CITY, its officers, officials, employees, agents, or volunteers. D. RYB' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability. E. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, or reduced in coverage or in limits except after 30 days' prior written notice has been given to the CITY. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best' s rating of no less than A:VII . Verification of Coverage RYB shall furnish the CITY with certificates of insurance and original endorsements effecting the coverages required by this agreement. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the CITY prior to May 1, 1995 . 7. ASSIGNMENT OR SUBCONTRACTING. RYB shall not assign nor subcontract this agreement or any interest therein without first securing the written approval of the CITY. 8. FINANCIAL INTEREST. No member of the City Council or of any board, and no officer or employee of .the CITY, shall be or become, directly or indirectly, financially interested in this agreement or the work or business to be performed hereunder by RYB. 9. STATUS. It is expressly agreed that in carrying out the terms of this agreement, RYB shall be construed to be an independent contractor, and nothing in this agreement is intended nor shall be construed to create an employer-employee relationship or a joint venture relationship with . the CITY. 4 ® • 10. TERMINATION. Either party shall have the right to terminate this agreement upon 30 days ' advance written notice to the other party. 11. NOTICE. Any notices or demands that may be given by either party hereunder shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope, and deposited in the United States Post Office, certified mail, postage prepaid, addressed as follows: City of Redding C/o Director of Recreation and Parks P.O. Box 496071 Redding, CA 96049-6071 Redding Youth Baseball P.O. Box 990052 Redding, CA 96099 . 12. ENTIRE AGREEMENT. This agreement supersedes all previous agreements, and constitutes the entire understanding of the parties hereto. RYB shall be entitled to no other benefits other than those specified herein. No changes, amendments, or alterations shall be effective unless in writing and signed by both parties. Amendments which provide no substantial or functional change to the original intent of this agreement may be agreed to in writing between RYB and the Director of Recreation and Parks of the CITY. 13. BINDING. This agreement is and shall be binding upon the parties hereto and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on the days and year set forth below. CITY OF REDDING DATED: , 1995 By: ROBERT C. ANDERSON, Mayor [signatures continued on page 6] 5 s Signatures to the agreement between the City of Redding and the Redding Youth Baseball, effective May 1, 1995, continued: REDDING YOUTH BASEBALL By: Name Title: C�Rti5�0eu� DATED: , 1995 By: �� 'NI/�1 / • t.C��D Name: S 46VC-Al 14,Je0C,' Title: SEC f 7.2Ei4S. ATTEST: CONNIE STROHMAYER City Clerk FORM APPROVED: W. LEONARD WINGATE City Attorney 6