HomeMy WebLinkAboutReso 94-136 - Approve funding agreement between COR & the Shasta Girls Fast Pitch League to provide umpires for all girls youth softball games within the city during 1994 season ti
RESOLUTION NO. 94- /.3&
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING A $900 FUNDING AGREEMENT BETWEEN THE CITY OF
REDDING AND THE SHASTA GIRLS FAST PITCH LEAGUE TO
PROVIDE UMPIRES FOR ALL GIRLS' YOUTH SOFTBALL GAMES
WITHIN THE CITY DURING THE 1994 SEASON.
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby approves entering into a $900 funding agreement
between the City and the Shasta Girls Fast Pitch League to
provide umpires for all girls' youth softball games within the
City during the 1994 season. A true copy of said Agreement is
attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized
and directed to sign said Agreement on behalf of the City; and
the City Clerk is hereby 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 on the 17th day of May, 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
,c.7 aka
OBERT C. ANDERSON, Mayor
City of Redding
V
AST: FORMJkPPROVED:
L
CONNIE STROHMAYER, ty Clerk ALL A. HAYS, City Attorney
AGREEMENT TO PROVIDE UMPIRES
FOR ALL GIRLS' YOUTH SOFTBALL GAMES WITHIN THE CITY
THIS AGREEMENT is made and entered into, effective June 1,
1994, by and between the CITY OF REDDING, a Municipal Corporation,
hereinafter referred to as the "CITY," and the SHASTA GIRLS FAST
PITCH LEAGUE, a Non-profit Corporation, hereinafter referred to as
the "LEAGUE" :
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 various recreational programs, including
various types and age levels of recreational softball, baseball,
and football; and
WHEREAS, the CITY has historically provided officials for the
various types of ball games participated in within the framework of
the CITY' s recreational programs; and
WHEREAS, the LEAGUE, with its large number of volunteer
members and long-term expertise, is particularly well equipped to
administer a program for the provision of referees and other
officials at all CITY recreation-organized girls' softball games;
and
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 categor-
ically 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 June 1, 1994,
through September 1 , 1994.
2. SERVICES TO BE PROVIDED BY LEAGUE. During the term of
this Agreement, the LEAGUE agrees to perform the task of obtaining
and providing umpires for all girls' youth softball games played
within the City of Redding in order to assist the CITY in
maintaining a strong and viable program.
3. FUNDING. To offset the LEAGUE Is costs and expenses
incurred in providing umpires and related contractual
responsibilities, the CITY agrees to pay the LEAGUE the total sum
of Nine Hundred Dollars ( $900 . 00) for fiscal year 1994, payable in
installments upon submission of invoices to the CITY.
4. RECORDS. The LEAGUE covenants and agrees to submit a
summary statement of its costs and expenditures in the performance
of its contractual responsibilities herein to CITY at quarterly
intervals during the 1994 fiscal year, 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 LEAGUE' s services to be
provided hereunder, including claims of the LEAGUE, its
officers, agents, employees, members, invitees, and
volunteers.
B. The LEAGUE 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 the LEAGUE or its
officers, agents, employees, members, invitees, and
volunteers.
6. INSURANCE. The LEAGUE 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 the LEAGUE' s services to be provided hereunder.
The cost of such insurance shall be borne by the LEAGUE.
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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
The LEAGUE 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 the LEAGUE 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 the LEAGUE; products and completed operations
of the LEAGUE; Premises owned, occupied or used by the
LEAGUE. The coverage shall contain no special
limitations of the scope of protection afforded to the
CITY, its officers, officials, employees, agents, or
volunteers.
B. The LEAGUE' 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
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excess of the LEAGUE' 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. The LEAGUE' 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 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 LEAGUE 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
,Tune 1, 1994.
7. ASSIGNMENT OR SUBCONTRACTING. The LEAGUE shall not
assign nor subcontract this Agreement or any interest therein
without first securing the written approval of the CITY.
8. STATUS. In the performance of this Agreement, the LEAGUE
is acting independently and not as an employee or affiliate of the
CITY.
9. TERMINATION. Either party shall have the right to
terminate this Agreement upon ten ( 10) days ' advance written notice
to the other party.
10. 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: To the CITY OF REDDING c/o
A
y
the Director of Recreation and Parks, Post Office Box 496071 ,
Redding, California 96049-6071; and to the SHASTA GIRLS FAST PITCH
LEAGUE c/o Dick Wilder, President, 1817 Cameo Court, Redding,
California 96002.
11. ENTIRE AGREEMENT. This Agreement supersedes all previous
agreements, and constitutes the entire understanding of the parties
hereto. The LEAGUE 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 the LEAGUE and the Director of Recreation and Parks
of the CITY.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in the presence of their respective officers duly
authorized in that behalf on the days and year set forth below.
CITY OF REDDING
DATED: , 1994 By:
ROBERT C. ANDERSON, Mayor
SHASTA GIRLS FAST PITCH LEAGUE
DATED: , 1994 By:
DICK WILDER, President
ATTEST: FORM APPROVED:
CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney
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