HomeMy WebLinkAboutReso 93-200 - Approve & Authorize the mayor to sign the agreement between the COR & Redding Youth Baseball for the 1993 Umpire Services' RESOLUTION NO.
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 REDDING YOUTH
BASEBALL FOR THE 1993 UMPIRE SERVICES.
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby approves the Agreement between the City of Redding
and Redding Youth Baseball for the provision of 1993 umpire
services. A true copy of said Agreement is attached hereto and
incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding
is hereby authorized and directed to sign said Agreement on
behalf of the City of Redding; 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 and read at a regular meeting of the City Council of
the City of Redding on the 18th day of may , 1993, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
, ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
City of Redding
A ST: FO APPROVED:
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CONNIE STROHMAYER, ' ty Clerk ALL A. HA S, City Attorney t1
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A G R E E M E N T
THIS AGREEMENT is made and entered into by and between the
CITY OF REDDING, a Municipal Corporation and General Law City of
the State of California, hereinafter referred to as "CITY, " and
REDDING YOUTH BASEBALL, a Non-profit Corporation duly organized
and existing under and by virtue of the laws of the State of
California, hereinafter referred to as "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 various 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
long-term expertise, is particularly well equipped to administer
the program for the provision of umpires at all types of CITY
recreational baseball games;
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between
the parties hereto as follows:
1. RYB agrees to perform the task of obtaining and
providing umpires during the term of this Agreement 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.
2. The term of this Agreement shall commence May 1, 1993,
and terminate midnight, September 3, 1993.
3 . To offset RYB' s costs and expenses incurred in the
provision of the aforesaid umpires and related contractual
responsibilities, CITY agrees to pay RYB for the 1993 baseball
season the total sum of Twenty-one Thousand Dollars ( $21,000.00)
payable on or after July 1, 1993, 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 . RYB covenants and agrees to submit a summary statement
of its costs and expenditures in the performance of its
contractual responsibilities under this Agreement to the City
Council on or before December 31, 1993; 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. This Agreement is entered into upon the express
condition that the 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 RYB' s use of the Facilities,
including claims of RYB, its officers, agents, employees, and
members. RYB 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 RYB or its officers, agents,
employees, and members.
6. 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' s operations and the use of Facilities. The cost of such
insurance shall be borne by RYB.
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 is also acceptable.
2. Workers' Compensation insurance as required by the
State of California and Employers' Liability
Insurance.
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Minimum Limits of Insurance
RYB 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 . 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:
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 RYB;
products and completed operations of RYB;
Premises/Facilities 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.
2 . RYB' s 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 RYB' 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 . 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.
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 30
days' prior written notice has been given to 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 coverage required by
this clause. 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, 1993, the commencement date hereunder.
7 . 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 contract or the work
or business provided herein to be performed by RYB.
S. It is expressly agreed that in carrying out the terms
of this Agreement, RYB is acting as an independent contractor,
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and not as an employee of the CITY.
9. It has been determined that this matter is
categorically exempt from the provisions of the California
Environmental Quality Act.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement in the presence of their Officers duly authorized in
that behalf on the days and year set forth below.
CITY OF REDDING
Dated: , 1993 By:
CARL ARNESS, Mayor
REDDING YOUTH BASEBALL
Dated: 11-'&Z 1993
By:
By:
ATTEST:
CONNIE STROHMAYER, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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