HomeMy WebLinkAboutReso. 1989-284 - Approving the agreement between the city of redding, shasta, union high school dist 111
RESOLUTION NO. 87'.224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING, SHASTA
UNION HIGH SCHOOL DISTRICT, AND DEBBIE RODGERS FOR OPERATION
OF THE CONCESSION STAND FACILITY AT ENTERPRISE HIGH SCHOOL,
AND AUTHORIZING THE MAYOR TO SIGN.
� I
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, Shasta Union
High School District, and Debbie Rodgers for the operation of the
concession stand facility at Enterprise High School from June 20
through August 27 , 1989 , 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
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 15th day of August 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
SCOTT CARTER, Mayor
City of Redding
ATTEST: FO• !•P/ROVED:
e /��
Z (-f. //.IC C¢ i ir/ X
ETHEL A. NICHOLS , City Clerk RA 'DALL A. HAYS , City Attorney
411 III •
AGREEMENT
THIS AGREEMENT is made and entered into as of the 26th day
of June, 1989 , by and . between the CITY OF REDDING, a Municipal
Corporation, hereinafter referred to as "City, " the SHASTA UNION
HIGH SCHOOL DISTRICT, hereinafter referred to as "District, " and
DEBBIE RODGERS, hereinafter referred to as "Operator" : 1
WITNESSETH:
WHEREAS , pursuant to an Agreement dated May 16 , 1977 , City
and District have jointly constructed a swimming pool and tennis
I' .
court complex on the grounds of Enterprise High School in the
City of Redding, and are to share the maintenance, use, and
supervision of said facility; and
WHEREAS, said complex also includes a concession stand li
facility for the sale of food and beverages, which Operator
it
wishes to operate; and
WHEREAS , it appears to be in the best interests of the
parties hereto and the citizens of Redding that certain terms and it
conditions be agreed upon in writing for the operation of said i .
concession stand facility by Operator;
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1 . The term of this Agreement shall commence on June 20,
1989 , and terminate August 27 , 1989 .
2 . For and in consideration of the payment to City by
Operator of fifteen percent (15%) of the gross receipts of the
11
��I i� l
Ill
refreshment concession operations during the term of this
II
Agreement,g payable on or before September 27 , 1989 , and the terms
and conditions hereinafter covenanted and agreed to by Operator,
Operator is hereby
P given the right to operate said concession
stand during the term of this Agreement, namely June 20 through
August 27, 1989 .
' I
3 . Operator will staff and operate the concession stand,
supervising and compensating her employees at no cost to City or
District, and coordinating her hours of operation with the
Principal of Enterprise High School and the Director of !
I j
Recreation and Parks of City.
4 . Operator will furnish the necessary equipment to
adequately operate said concession stand, and will select and
dispense only safe foods, containers, and services. No glass
bottles or glass containers are to be used.
5 . Operator will pay all charges for utilities furnished
to said concession stand.
6 . Operator shall use said facility as and for a food and
beverage concession stand only, and for no other purpose.
7 . Operator accepts the concession stand as being in good
and sanitary order, condition, and repair. City and District
shall perform ordinary exterior and interior maintenance when
required, but Operator shall , after each use, leave said facility
li in a clean and sanitary condition and repair, reasonable use and
wear thereof or damage by fire, act of God, or the elements
l
r'j -2-
tl ,
i
•
411 110
excepted. Operator shall be responsible for the care and
maintenance of her own equipment, and neither City nor District 't
will be liable for any loss of or damage to any of Operator' s
equipment. Operator is responsible for repairs to or replacement
•of the concession stand facility and equipment damaged by
vandalism or misuse.
11I
8 . Operator is responsible for the maintenance and daily
cleaning of the concession equipment and the concession booth. jl
9 . No alterations or improvements to said facility shall
be performed by Operator without prior written approval of City
and District.
10 . All litter in the south parking lot, pool area, and
jt I
adjoining field areas will be cleaned daily and kept free of
litter by Operator; however, if a school activity is held during
this time, the resulting litter will be cleaned up by school
' I
personnel. If Operator does not adequately clean this area, City
and District reserve the right to void this Agreement on seven
(7) days' written notice. Trash containers and dumpsters will be
provided byCity, and containers will be emptied pi
ed by Operator
during the term of this Agreement.
11 . This Agreement shall not be assigned by Operator to any
other person or organization without first securing the written
approval of City and District.
12 . Operator shall keep accurate records of costs and
expenses, income, and revenues, and shall file a financial
It
-3-
;I t
•
•
• •
VIII 1
� I
statement with City and District on or before the 27th day of
September, 1989 .
13 . The net revenues accruing to Operator from the
operation of the refreshment concession shall be expended only in
accordance with the provisions of paragraph 2 (b) of Resolution
I
No. 4148 adopted by the City Council of the City of Redding on
November 18 , 1968 .
14 . Operator agrees to provide Workers' Compensation
insurance for Operator and for Operator' s employees staffing said
concession stand, and to furnish to City a Certificate evidencing
' I
such insurance, in a form to be approved by the Risk Manager of
City.
15 . It is understood and agreed as a condition of this
�`. Agreement that School District, Northern California Schools
Insurance Group (hereafter referred to as NCSIG) , City, and their
I I {
respective officers, agents, and employees, shall be free from
any and all all liability and claims for damages for personal
injury, death, or property damage in any way connected with I �
Operator' s use of said facility, or any improvements connected
i I
with the use of said facility, or any improvements constructed
therein or thereon under this Agreement. Operator shall
indemnify, defend, and hold School District, NCSIG, City, and
their respective officers, agents , and employees, harmless from
any and all claims, expenses, demands, causes of action,
liability, loss, injury, or death, regardless of the nature or
-4-
•
• •
character, in any manner whatsoever, on account of or arising out
of any such injury, death, or loss caused by the negligence or
other legal fault of Operator or her agents and employees .
16 . It is further understood and agreed as a condition of
this Agreement that Operator shall, at her 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:
a. 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
1 b. public liability insurance for property damage in the
minimum sum of $50 , 000 . 00 ; OR, in the alternative,
c . a combined single-limits policy in an amount of not
less than $500 , 000 .00 .
Said policy shall name School District, NCSIG, City, and their
l respective officers , agents, and employees, as additional
insureds, and shall further contain a provision obligating the ,
insurance carrier to notify School District, NCSIG and City in
writing at least ten (10) days prior to any cancellation or
! reduction of such insurance . A Certificate of Insurance 1
evidencing such coverage and notice requirement shall be approved
by the Risk Manager of City and filed with him, and with the
School District, prior to the first usage of the facility under
this Agreement.
{
-5-
I
•
17 . A breach by Operator of any of the terms, conditions,
and agreements contained herein shall , at the option of City and
District, be the basis for termination of this Agreement.
18 . Either City, District, or Operator shall have the right
to terminate this Agreement upon 15 days ' written notice to the
° other parties.
19 . 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: City Manager
City of Redding
760 Parkview Avenue
Redding, California 96001-3396
TO DISTRICT: Superintentent
Shasta Union High School District
725 Cypress Avenue j
Redding, California 96001-2786
TO OPERATOR: Debbie Rodgers
Post Office Box 494518
Redding, California 96049 .
20 . Operator agrees to pay promptly when due any and all
taxes assessed against her personal property and any possessory I ,
interest tax levied by reason of her occupancy of the concession
stand.
-6-
I
L
21 . In the performance of this Agreement, Operator is
I '
acting independently and not as an employee of School District or
'i
City.
22 . It has been determined that this matter is
categorically exempt from the provisions of the California
Environmental Quality Act.
i
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in the presence of their officers duly authorized in
1 .
that behalf on the day and year set forth below.
,I
CITY OF REDDING
Dated:
1989 By:
SCOTT CARTER, Mayor
f
i .
SHASTA g •N GH • OOL • ' RICT
Dated: � � � /
�/ 1989 By: / , / ,�
J.=eph M. Ap.: , Superintendent
By: /
��\
\ I
Dated: `�,+\l / 0, (\,:),.> , 1989 Jr-1/6<_.( 4.-.-
L
J f_-
DEBBIE RODGERS , Operator
i .I11it
ATTEST: FORM APPROVED:
ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS , City Attorney
l
-7-
III