Loading...
HomeMy WebLinkAboutReso 91-433 - Approve promotional agreement entered into between the COR & The Shasta-Cascade Wonderland Assoc. Inc for period 10-01-91 through 06-30-92 RESOLUTION NO. 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 OCTOBER 1, 1991, THROUGH JUNE 30, 1992, 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 f ollows: 1. That the City Council of the 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 October 1, 1991, through June 30, 1992, 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 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 1 St day of October , 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: ARNESS, BUFFUM, FULTON, MOSS & DAHL NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE O lam' MIRE DAHL, Mayor City of Redding ATTEST: FO PROVED. ETHEL A. NICHOLS, City Clerk RPIDALL A. HAYS, Cityp4ttorney W PROMOT=ONAL AGREEMENT 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 "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 SCWA; and WHEREAS, 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 City, 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 October 1 , 1991, through June 30, 1992. 3 . 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 shall exhibit manufactured and other products of the City and Region generally for the purpose of advertising the City and Region. SCWA is hereby vested with the right and authority and does hereby agree to perform said work by means 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 SCWA in performing said promotional work, City agrees to provide 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 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 SCWA by providing other services, at the discretion of the City Manager or his designee. 5. The Board of Directors of SCWA shall take immediate steps to include as members of its Board of Directors those representatives currently designated by their respective counties as members of the Tourism Advisory Council. 6. 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. 2 7 . 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 , 1992 ; and agrees to keep a full and complete account of funds received from all sources and agrees 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 SCWA. 9. In providing its services, SCWA will act as an independent contractor, and no officer or employee of 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 SCWA' s services to be performed hereunder, including claims of SCWA, its officers , agents , employees, and members. SCWA shall indemnify and save harmless City, its officers, 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 SCWA or its officers, agents, employees, and members. 11. It is understood and agreed as a condition of this Agreement that SCWA shall, at its own expense and at all times during the term of this Agreement, obtain from a company authorized to do business in the State of California and keep in full force and effect public liability insurance in the minimum amounts of $300 ,000. 00 for injury or death to any person and $500,000 . 00 for injury or death of more than one person in the same accident, and public liability insurance for property damage in the minimum amount of $50 ,000 . 00 ; OR, in the alternative, a combined single-limits policy in an amount of not less than 3 0 $500 ,000.00 . Said policy shall name City, its officers, agents, and employees, as additional insured, and shall further contain a provision obligating the insurance carrier to notify City in writing at least ten (10) days prior to any cancellation or reduction of such insurance. A Certificate of Insurance evidencing such coverage and notice requirement shall be approved by the Risk Manager of City and filed with him prior to the commencement of this Agreement. 12. It is further understood and agreed as a condition of this Agreement that SCWA will provide workers' compensation insurance on its employees (other than the general manager referred to in paragraph 4 hereof) , and furnish the Risk Manager of City with a Certificate evidencing such insurance, to be approved by him, prior to the commencement of this Agreement. Said Certificate shall contain a provision obligating the insurance carrier to notify City in writing at least ten (10) days prior to any cancellation or reduction of such insurance. To obtain an exemption from this requirement should SCWA have no employees, SCWA shall provide the Risk Manager of City with a letter stating that it is not employing any person or persons in any manner so as to become subject to the workers' compensation laws of California; provided, however , that should SCWA later become subject to the workers' compensation provisions of the Labor Code, it will forthwith comply with the insurance requirements set forth above. 13. In the event SCWA violates the provisions of this Agreement for any reason other than the occurrence of circumstances over which it can exercise no effective control, and such violation shall not be cured or remedied within 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 SCWA. 14. Notwithstanding the provisions of paragraph 13 hereof, in the event either party hereto is dissatisfied with the arrangements herein for any reason, said party may terminate this 4 Agreement by giving the other party 90 days' advance written notice thereof . 15. 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, Attention Director of Community Services, 760 Parkview Avenue, Redding, California 96001-3396 ; and to SCWA, 1250 Parkview Avenue, Redding, California 96001. 16. 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: 1991 By: MIKE DAHL, Mayor SHASTA-CASCADE WONDERLAND ASSOCIATION, INC. Dated: 1991 By: By: ATTEST: FORM APPROVED: ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney 5