HomeMy WebLinkAboutReso 94-148 - Approve funding agreement between COR & the Enterprise Eagles Youth Football to provide referees for youth home football games withing city during 1994 season RESOLUTION NO. 94- X70
A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF REDDING
APPROVING A $900 FUNDING AGREEMENT BETWEEN THE CITY OF
REDDING AND THE ENTERPRISE EAGLES YOUTH FOOTBALL TO PROVIDE
REFEREES FOR ALL OF ITS YOUTH HOME-FOOTBAT.T, 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 Enterprise Eagles Youth Football to provide referees for all of
its youth home-football 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 7th
day of June, 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
BERT C. ANDERSON, Mayor
City of Redding
ATTEST: FO APPROVED:
CONNIE STROHMAY City Clerk RANDALL A. HAYS, City Attorney
A G R E E M E N T
THIS AGREEMENT is made and entered into, effective July 1,
1994, by and between the CITY OF REDDING, a Municipal Corporation,
hereinafter referred to as the "CITY," and the ENTERPRISE EAGLES
YOUTH FOOTBALL, a Non-profit Corporation, hereinafter referred to
as the "ENTERPRISE EAGLES" :
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 ENTERPRISE EAGLES, 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 of its CITY recreation-organized youth home-
football 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- 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 July 1, 1994,
through November 30, 1994.
2. SERVICES TO BE PROVIDED BY ENTERPRISE EAGLES. During the
term of this Agreement, the ENTERPRISE EAGLES agree to perform the
task of obtaining and providing referees for all of its youth home-
football 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 ENTERPRISE EAGLES' costs and
expenses incurred in providing the referees and related contractual
responsibilities, the CITY agrees to pay the ENTERPRISE EAGLES the
total sum of Nine Hundred Dollars ( $900. 00) during the CITY' S 1994-
95 fiscal year, payable upon submission of an invoice to the CITY
at the end of the term hereof.
4. RECORDS. The ENTERPRISE EAGLES covenant and agree 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 fiscal year, and further agree 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 ENTERPRISE. EAGLES'
services to be provided hereunder, including claims of the
ENTERPRISE EAGLES, its officers, agents, employees, members,
invitees, and volunteers.
B. The ENTERPRISE EAGLES 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 ENTERPRISE EAGLES or its officers, agents, employees,
members, invitees, and volunteers.
6. INSURANCE. The ENTERPRISE EAGLES shall procure and
maintain for the duration of this Agreement insurance against
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claims for injuries to persons or damages to property which may
arise from or in connection with the ENTERPRISE EAGLES' services to
be provided hereunder. The cost of such insurance shall be borne
by the ENTERPRISE EAGLES.
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 ENTERPRISE EAGLES 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 ENTERPRISE EAGLES 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 ENTERPRISE EAGLES; products and completed
operations of the . ENTERPRISE EAGLES; Premises owned,
occupied or used by the ENTERPRISE EAGLES. 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 ENTERPRISE EAGLES' insurance coverage shall be
primary insurance as respects the CITY, its officers,
officials, employees, agents, and volunteers. Any
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insurance or self-insurance maintained by the CITY, its
officers, officials, employees, agents, or volunteers,
shall be excess of the ENTERPRISE EAGLES' 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 ENTERPRISE EAGLES' 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 ENTERPRISE EAGLES 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 July 1, 1994.
7. ASSIGNMENT OR SUBCONTRACTING. The ENTERPRISE EAGLES
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
ENTERPRISE EAGLES 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,
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and deposited in the United States Post Office, certified mail,
postage prepaid, addressed as follows: To the CITY OF REDDING c/o
the Director of Recreation and Parks, Post Office Box 496071,
Redding, California 96049-6071; and to the ENTERPRISE EAGLES YOUTH
FOOTBALL c/o Gary Smith, President, Post Office Box 493142,
Redding, California 96049.
11. ENTIRE AGREEMENT. This Agreement supersedes all previous
agreements, and constitutes the entire understanding of the parties
hereto. The ENTERPRISE EAGLES 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 ENTERPRISE EAGLES 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
ENTERPRISE EAGLES YOUTH FOOTBALL
DATED: S , 1994 By:
GARY SkITH, President
ATTEST: FORM APPROVED:
CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney
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