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HomeMy WebLinkAboutReso 1990-232 - Approving the agreement between the city of redding and the redding youth basball for 1990 umpire services ♦. • RESOLUTION NO. /0-z);1„. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND REDDING YOUTH BASEBALL FOR 1990 UMPIRE SERVICES , AND AUTHORIZING THE MAYOR TO SIGN. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows : 1 . That the City Council of the City of Redding hereby approves the Agreement between the City of Redding and Redding Youth Baseball for 1990 umpire services, a true copy of which is attached hereto and incorporated herein by reference . i 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. 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 15th day of May , 1990 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS : Arness, Dahl , Fulton, Moss, Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None 5/),--f" NPICY �JM, . 41/•r City Redding ATTEST: '0W-,;APPROVED: ETHEL A. NICHOLS , City Clerk RADALL A. HAYS , ity Attorney P\ kiJ 19 . • • I 1 i AGREEMENT 1 THIS AGREEMENT is made and entered into by and between the 11 CITY OF REDDING, a Municipal Corporation and General Law City of the State of California, hereinafter referred to as "City, " and L REDDING YOUTH BASEBALL, a Non-profit Corporation duly organized 1 and existing under and by virtue of the laws of the State of I _ California, hereinafter referred to as "Youth Baseball" : 1 WITNESSETH: 1 WHEREAS, the City Council of the City of Redding is 1 empowered to appropriate and expend money from City funds to I operate a Recreation Department and various recreational , i programs, including, in particular, various age levels and types of recreational baseball; and WHEREAS, City has historically provided umpires for the i various types of baseball participated in within the framework of the City' s recreational programs; and WHEREAS, Youth Baseball, with its large number of volunteer i members and long-term expertise, is particularly well equipped to administer the program for the provision of umpires at all types li of City recreational baseball games; NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between 11 the parties hereto as follows: H ' 1 . Youth Baseball agrees to perform the task of obtaining 1 1 and providing umpires during the term of this Agreement for all '. ; Minor, Major, Pony, Colt, and Legion baseball games played on facilities provided or obtained by the City Recreation I Department, and to obtain Workers' Compensation insurance covering umpires and provide the City with a Certificate evidencing such insurance , in order to assist City in maintaining a strong and viable total recreational baseball program. 11 1 iii; ; 1 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 Youth Baseball' s use of City premises, including claims of Youth Baseball, its officers , agents, � j employees, and members . Youth Baseball shall indemnify and save ilk harmless City, its officers, agents, and employees, from any and all liability, loss, cost, or obligation on account of or arising � I out of any such injury, death, or loss caused by the negligence or other legal fault of Youth Baseball or its officers, agents, employees, and members . 3 . Youth Baseball shall obtain comprehensive general liability insurance naming City, its officers, agents, and ' employees, as additional insureds in the amount of $500 ,000 .00 combined single limits . A Certificate evidencing such insurance and guaranteeing City at least ten (10) days' written notice it before cancellation or reduction in coverage must be approved by the Risk Manager and filed with him prior to the commencement of any activities to be paid for by City during the 1989 season. 4 . To offset Youth Baseball ' s costs and expenses incurred in the provision of the aforesaid umpires and related contractual responsibilities, City agrees to pay Youth Baseball for the 1990 baseball season the total sum of Eighteen Thousand Seven Hundred Fifty Dollars ($18 , 750 . 00) payable on or after July 1 , 1990 . 5 . Youth Baseball covenants and agrees to submit a summary II 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 r reasonable times, upon request. 6 . The term of this Agreement shall commence April 1, i ! 1990 , and terminate March 31 , 1991 . II '! i -2- ,.i : • • ft 7 . 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 contract or the work I or business provided herein to be performed by Youth Baseball. 8 . In carrying out the terms of this Agreement, Youth Baseball 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 day and year set forth below. i.f CITY OF REDDING Dated: , 1990 By: NANCY BUFFUM, Mayor REDDING YOUTH BASEBALL if Dated: S t1 , 1990 BY: id/ !Ad ' `/ . /. B y: ‘4).-__„2,( Ii ATTEST: FORM APPROVED: ll I I '. ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney ,i . -3- II ;II