HomeMy WebLinkAboutReso 92-106 - Approve & Authorize the mayor to sign the agreement between the COR & Redding Youth Baseball for 1992 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 1992 UMPIRE SERVICES.
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby approves the Agreement for 1992 umpire services
between the City of Redding and Redding Youth Baseball, a true
copy of which 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 17th day of March , 1992, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS• Arness, Carter, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATTEST: ) FO PPROVED:
CONNIE STROHMAYER, ity Clerk R DALL A. HAYS, ity Attorney
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A G R E E M E N T
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THIS AGREEMENT is made and entered into by and between the
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CITY OF REDDING, a Municipal Corporation and General Law City of
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the State of California, hereinafter referred to as "City, " and
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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 age levels and types
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of recreational baseball; and
WHEREAS, City has historically provided umpires for the
various types of baseball participated in within the framework of
the City' s recreational programs; and
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WHEREAS, RYB, with its large number of volunteer members and
long-term expertise, is particularly well equipped to administer
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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
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facilities provided or obtained by the City Recreation
Department, in order to assist City in maintaining a strong and
l viable total recreational baseball
program.
2. This Agreement is entered into 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 RYB' s use of City property/premises,
including claims of RYB, its officers, agents, employees, and
members. RYB shall indemnify and save harmless City, its
j officers, officials, agents, and employees, 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.
3 . 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 use of the Facility. 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 CB 0001) . Claims-made form
is also acceptable.
2 . 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:
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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/Facility 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 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.
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! 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 CITY.
Acceptability of Insurers
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Insurance is to be placed with insurers with a current A.M.
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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 April 1 , 1992, the
commencement date hereunder.
4. 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 1992 baseball
season the total sum of Twenty-one Thousand Dollars ( $21,000 . 00 )
payable on or after July 1 , 1992.
5. 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 Council on an
annual basis during the fiscal year, and further agrees to keep a
full and complete account of its use of all funds received from
City and to make such account available to City at any and all
reasonable times, upon request.
6. The term of this Agreement shall commence April 1,
1992, and terminate March 31, 1993 .
J 7. No member of the City Council or of any board, and no
1p officer or employee of City shall be or become, directly or
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indirectly, financially interested in this contract or the work
or business provided herein to be performed by RYB.
8. In carrying out the terms of this Agreement, RYB is
acting as an independent contractor, and not as an employee of
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.
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CITY OF REDDING
Dated: 1992 By:
MIKE DAHL, Mayor
REDDING YOUTS BASEBALL
Dated: � 1992 By:
By:
'I ATTEST: FORM APPROVED:
CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney
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