HomeMy WebLinkAboutReso 94-191 - Approve promotional agreement entered into between the COR & Shasta Cascade Wonderland Association, Inc for Periord 07/01/94 through 06/30/95 RESOLUTION NO. 94-_d/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING
THE PROMOTIONAL AGREEMENT ENTERED INTO BETWEEN THE CITY OF REDDING
AND THE SHASTA-CASCADE WONDERLAND ASSOCIATION, INC. FOR THE PERIOD
JULY 1, 1994, THROUGH JUNE 30, 1995, AND AUTHORIZING THE MAYOR TO
SIGN ON BEHALF OF THE CITY.
IT IS HEREBY RESOLVED by the City Council of the City of Redding as
follows:
1. That the City Council of '.he City of Redding hereby approves the
Promotional Agreement entered into between the City of Redding and the Shasta
Cascade Wonderland Association, Inc. for the period July 1, 1994, through
June 30, 1995, a true copy of which is attached hereto and incorporated herein
by reference.
2. That the Mayor of the City of Redding is hereby authorized and
directed to sign said Agreement on behalf of the City; and the City Clerk is
authorized and 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 of the City of Redding on
the 5th day of July , 1994, 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
ROBERT C. ANDERSON, Mayor
City of Redding
AT ST: SRM PPROVED:
CONNIE STROHMAYER, Cja Clerk RANDALL A. HAYS, City Attorney
PROMOT=ONAL AGREFMRNT
THIS AGREEMENT is made and entered into by and between the
CITY OF REDDING, a Municipal Corporation and General Law City,
hereinafter referred to as "CITY, " and the SHASTA-CASCADE
WONDERLAND ASSOCIATION, INC. , a Non-profit Corporation duly
organized and existing under and by virtue of the laws of the
State of California, hereinafter referred to and designated the
"SCWA" :
W I T N E S E T H:
WHEREAS, the City Council of CITY is empowered by the
Government Code of the State of California to appropriate and
expend money from CITY funds for the promotion of CITY; and
WHEREAS, CITY will benefit as a market center by effective
promotion of outdoor recreation in the Shasta-Cascade Region,
which is the specialized function of the SCWA; and
WHEREAS, the SCWA, with its directors from throughout the
region, its composition, and its large membership/volunteer
group, is dedicated to serving the. best interests of the Shasta-
Cascade Region, which includes the City of Redding, and is well
able to do the promotional advertising work for visitor travel
from which CITY as a market center and its citizens are
benefitted;
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows:
1. The above recitals are true and correct.
2. The term of this Agreement shall be July 1, 1994,
through June 30, 1995.
3 . The SCWA does hereby agree, during the term hereof, to
carry on the work of encouraging visitor travel to and through
the CITY and Region, and exhibit manufactured and other products
of the CITY and Regimen generally for the purpose of advertising
the CITY and Region. The SCWA is hereby vested with the right
and authority and does hereby agree to perform said work by means
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of advertising; preparing and publishing booklets, folders,
pamphlets, circulars, and other printed matter; furnishing
advertising matter and news items to newspapers, magazines,
newsreels, pamphlets, and other publications; collecting and
preparing information pertinent to tourism in the Shasta Cascade
Region; distributing information in such a manner as will be the
most beneficial to CITY and its tourist industry; and maintaining
a public office fully equipped for the purpose of disseminating
information and answering correspondence and inquiries regarding
the Shasta Cascade Region, its tourist industry, and other
matters of interest.
4. In order to assist the SCWA in performing said
promotional work, CITY agrees to provide the SCWA with one full-
time CITY Convention and Visitors Bureau employee, namely a
general manager, who will work in the SCWA offices. It is
understood and agreed, however, that the SCWA will continue as an
independent, autonomous, non-profit, public-service organization,
with its own Board of Directors. The general manager., although a
CITY employee, will be responsible to ( 1 ) the SCWA Board of
Directors in matters relating to program content and the carrying
out of those programs; and ( 2) CITY staff in matters of general
administration, financial administration, and personnel
administration.
The CITY will further assist the SCWA by providing other
services, at the discretion of the CITY Manager or his designee.
5. The Board of Directors of the SCWA shall continue to
include as members of its Board of Directors those represen-
tatives currently designated by their respective counties as
members of the Tourism Advisory Council.
6. The SCWA agrees to seek and obtain contributions,
donations, grants, and subsidies from federal, state, and county
governments; residents of the community; memberships; and any
other appropriate sources.
7 . The SCWA will submit a summary statement of its income
and expenses to the CITY Council and the Director of Finance of
CITY prior to acceptance of this Agreement, and at the end of the
fiscal year ending June 30, 1995; and agrees to keep a full and
complete account of funds received from all sources, and to make
such account available to CITY upon request.
8. No member of the CITY Council, or of any board, and no
officer or employee of CITY shall be or become, directly or
indirectly, financially interested in this Agreement or the work
provided herein to be performed by the SCWA.
9. In providing its services, the SCWA will act as an
independent contractor; and no officer or employee of the SCWA,
other than the general manager referred to in paragraph 4 hereof,
will be deemed an officer or employee of CITY for any purpose.
10. This Agreement is granted upon the express condition
that CITY 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 SCWA' s services to be performed hereunder,
including claims of the SCWA, its officers, agents, employees,
and members. The SCWA shall indemnify and save harmless the
CITY, its officers, officials, employees, agents, and volunteers,
from any and all liability, loss, cost, or obligation on account
of or arising out of any such injury, death, or loss caused by
the negligence or other legal fault of the SCWA or its officers,
officials, employees, agents, and volunteers.
11. The SCWA shall procure and maintain for the duration of
this Agreement the following insurance against claims for
injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder by
the SCWA, its officers, officials, employees, agents, and
volunteers. The cost. of such insurance shall be borne by the
SCWA.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001) . Claims-made form
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is also acceptable.
2 . Insurance Services Office form #CA 0001 (Ed. 1/87)
covering Automobile Liability, owned, non-owned and
hired.
3 . Workers' Compensation insurance as required by the
State of California and Employers' Liability Insurance.
Minimum Limits of Insurance
The SCWA shall maintain limits no less than:
1 . 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.
2. Automobile Liability: $1,000,000 per accident for
bodily injury and property damage.
3 . 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 the SCWA 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:
1. 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 the SCWA; products and
completed operations of the SCWA; premises owned,
occupied, or used by the SCWA; or automobiles owned,
leased, hired, or borrowed by SCWA. The coverage shall
contain no special limitations of the scope of
protection afforded to the CITY, its officers,
officials, employees, agents, or volunteers.
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2. The SCWA' 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 the SCWA' s insurance and shall not
contribute with it.
3 . 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.
4. The SCWA' 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.
5 . Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, cancelled by either party, reduced in coverage
or in limits except after thirty ( 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
The SCWA shall furnish the CITY with Certificates of
Insurance and original endorsements effecting the coverages
required by this paragraph 11. 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 July 1, 1994, the
commencement date hereunder.
12. In the event the SCWA violates the provisions of this
Agreement for any reason other than the occurrence of circum-
stances over which it can exercise no effective control, and such
violation shall not be cured or remedied within sixty ( 60) days
after notice thereof by CITY, in addition to any other remedies
provided for in this Agreement CITY shall have the right to
terminate this Agreement by written notice duly served upon the
SCWA.
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13. Notwithstanding the provisions of paragraph 12 hereof,
in the event either party hereto is dissatisfied with the
, arrangements herein for any reason, said party may terminate this
Agreement by giving the other party ninety ( 90) days ' advance
written notice thereof .
14. Any notices or demands that may be given by either
party hereunder, including notice of default and notice of
termination, 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: To City of Redding c/o
Director of Community Services, 760 Parkview Avenue, Redding,
California 96001-3396; and to the SCWA, 1250 Parkview Avenue,
Redding, California 96001.
15. It has been determined that this matter is not subject
to the provisions of the California Environmental Quality Act.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the days and year set forth below.
CITY OF REDDING
Dated: , 1994 By:
ROBERT C. ANDERSON, Mayor
SHASTA-CASCADE WONDERLAND
ASSOCIATION, INC.
Dated: , 1994 By:
By:
ATTEST: FORM APPROVED:
CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney
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