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HomeMy WebLinkAboutReso. 1989-225 - Approving the agreement between the city of redding and the enterprise eagles youth football All Mi • RESOLUTION NO. 8'9%,2. I, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE ENTERPRISE EAGLES YOUTH FOOTBALL TO PROVIDE OFFICIALS AND AMBULANCES AT FOOTBALL GAMES DURING THE 1989-90 SEASON, AND AUTHORIZING THE MAYOR TO SIGN SAME. 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 above Agreement between the City of Redding and the Ij Enterprise Eagles Youth Football, a true copy of which is attached hereto and incorporated herein. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the r � 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 on the aforesaid document, when appropriate. 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 5th day of July, 1989 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen, & Carter NOES: COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None Gia "' SCOTT CARTER, Mayor City of Redding ATTEST: FO' /ePPROVED: ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , Ci y Attorney °K+ it i ill AGREEMENT THIS AGREEMENT is made and entered into this 28th day of June, 1989 , by and between the CITY OF REDDING, a Municipal Corporation and General Law City, hereinafter referred to as "CITY, " and the ENTERPRISE EAGLES YOUTH FOOTBALL, a Non-profit Corporation duly organized and existing under the laws of the State of California, hereinafter referred to as "ENTERPRISE EAGLES" : WITNESSET 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 baseball and football; and WHEREAS, CITY has historically provided officials for the various types of ball games participated in within the framework 1 of the CITY' s recreational programs; and WHEREAS, 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 types of CITY recreation-organized football games; and WHEREAS, it is also necessary to provide for ambulances to stand by at such football games; 11 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between jthe parties hereto as follows: 1 . During the term hereof, ENTERPRISE EAGLES agrees to perform the task of obtaining and providing referees and ambulances for all youth football games played within the City of Redding in order to assist CITY in the maintenance of a strong and viable youth football program; and to provide workers ' 'i compensation insurance covering said referees, and to provide 4 • i f CITY with a Certificate evidencing the existence of such insurance. 2 . 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 ENTERPRISE EAGLES' use of CITY property, including claims of ENTERPRISE EAGLES, its officers, agents, employees, and members. ENTERPRISE EAGLES shall indemnify and save CITY, its officers, agents, and employees, harmless 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 ENTERPRISE EAGLES or its officers, agents, employees, and members. 3 . ENTERPRISE EAGLES also agrees to obtain comprehensive general liability insurance naming CITY, its officers, agents, and employees, as additional insureds in the sum of $500 ,000 .00 combined single limits . A Certificate evidencing such �. comprehensive general liability insurance and guaranteeing CITY at least ten (10) days ' written notice before cancellation or it reduction in coverage must be approved by the Risk Manager of CITY and filed with him prior to the commencement of any activities to be paid for by CITY during the 1989-90 season. I; 4 . To offset ENTERPRISE EAGLES ' costs and expenses incurred in the provision of the aforesaid referees and ambulances and related contractual responsibilities, CITY agrees to pay ENTERPRISE EAGLES the total sum of Nine Hundred Dollars ($900 . 00) for the fiscal year 1989-90 , payable in installments upon submission of invoices for officials' and ambulance services. 5 . ENTERPRISE EAGLES covenants and agrees 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 agrees to keep a full and complete account of its use of all funds received -2- 4I0Am: 1 from CITY and to make such account available to CITY at any and Iall reasonable times, upon request. 6 . The term of this Agreement shall be for the period July 1 , 1989 , through June 30 , 1990 . 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 in the work or business to be performed hereunder by ENTERPRISE EAGLES. 8 . In the performance of this Agreement, ENTERPRISE EAGLES is acting independently and not as an employee of CITY. 9 . 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 in the presence of their respective officers duly authorized in that behalf on the day and year first above written. CITY OF REDDING B �C t'�'J I: BY: SCOTT CARTER, Mayor ENTERPRISE EAGLES YOUTH FOOTBALL j, By: j � �Jx� - 'r5 By: �J .. 9 ` t \j'r -�)1 t �' -()5 TOM WALSH, President ATTEST: CYNTHIA M. MUNCY, Treasurer ETHEL A. NICHOLS, CITY Clerk FORM PPROVEED: RA DALL A. HAYS, CITY ttorney � II -3-