HomeMy WebLinkAboutReso. 1988-438 - Approving the promotional funding agreement dated december 14, 1988 RESOLUTION NO. gQ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE PROMOTIONAL FUNDING AGREEMENT DATED
DECEMBER 14 , 1988 , BETWEEN THE CITY OF REDDING AND THE
SHASTA-CASCADE WONDERLAND ASSOCIATION, INC. , FOR FISCAL YEAR
1988-89 , 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 Promotional Funding Agreement between the City of
Redding and the Shasta-Cascade Wonderland Association, Inc . , in
the amount of $25 , 000 . 00 for fiscal year 1988-89 , 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 20th day of December, 1988 , and was
duly adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS: Buffum, Carter, Dahl , Fulton, & Johannessen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS : None
K. MAU ICE JOHANNESSEN, Mayor
City of Redding
ATTEST: FOR APPROVED:
ETHEL A. NICHOLS , City Clerk NDALL A. HAYS , ity Attorney
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PROMOTIONAL FUNDING AGREEMENT
THIS AGREEMENT is made and entered into this /1-1---a- day of
le_r!_ilktsk, 1988 , 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 "Shasta-Cascade" :
WITNESSET H:
WHEREAS , the City Council of City is empowered by the
1 Government Code of the State of California to appropriate and
expend money from City funds for promotion of City; and
WHEREAS , City has no organized means of its own for
conducting the systematic expenditure of such funds so that City
may receive the utmost benefit therefrom; and
WHEREAS, Shasta-Cascade , with its large number of volunteer
members , is dedicated to serving the best interests of the
Shasta-Cascade Wonderland area, which includes City, and is well
able to do the promotional advertising work for tourist travel,
from which City and its citizens are benefited;
NOW, THEREFORE, IT IS AGREED as follows:
1 . The above recitals are true and correct.
2 . The term of this Agreement shall be for the period
commencing July 1 , 1988 , and ending June 30 , 1989 .
3 . Shasta-Cascade does hereby agree, during the term
hereof, to carry on the work of encouraging tourist travel to and
through City, and shall exhibit manufactured and other products
of City generally for the purpose of advertising City. Shasta-
1 Cascade 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
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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 Redding area; 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
ourpose of disseminating information and answering correspondence
and inquiries regarding the City-at-large, its tourist industry,
and other matters of interest.
4 . To partially offset Shasta-Cascade ' s costs of
maintaining said general information service, organizing material
for special promotions, publications , public ceremonies,
furnishing advertising matter and news items to the newspapers,
magazines, newsreels, pamphlets , supplying information and
distributing information beneficial to City and promoting tourism
in the Redding area, City agrees to pay Shasta-Cascade for the
fiscal year 1988-89 the sum of Twenty-five Thousand Dollars
($25 , 000 .00) payable in quarterly payments after a quarterly
financial statement has been submitted to the Director of
Finance.
5 . Shasta-Cascade will submit a summary statement of its
income and expenses to the City Council and the Director of
Finance PRIOR to acceptance of this Agreement and at the end of
the fiscal year ending June 30 , 1989 ; and agrees to keep a full
and complete account of its use of funds received from City and
agrees to make such account available to City upon request.
6 . 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
provided herein to be performed by Shasta-Cascade.
7 . In providing its services, Shasta-Cascade will act as
an independent contractor, and no officer or employee of Shasta-
I
Cascade will be deemed an officer or employee of City for any
purpose.
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8 . 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 Shasta-Cascade' s services to be performed
hereunder, including claims of Shasta-Cascade, its officers,
agents, employees, and members . Shasta-Cascade 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 Shasta-Cascade or its
officers , agents, employees , and members.
9 . It is understood and agreed as a condition of this
Agreement that Shasta-Cascade 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 $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.
10 . It is further understood and agreed as a condition of
this Agreement that Shasta-Cascade will provide workers'
compensation insurance on its employees, 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.
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Said Certificate shall contain arovision obligating p g g 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 Shasta-
Cascade have no employees , Shasta-Cascade 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 Shasta-Cascade later become subject to the workers '
compensation provisions of the Labor Code, it will forthwith
comply with the insurance requirements set forth above.
11 . In the event Shasta-Cascade 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 sixty
(60) days after notice thereof by City, in addition to any other
remedies provided for in this Agreement, City shall have the
richt to terminate this Agreement by written notice duly served
upon Shasta-Cascade .
12 . 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 day and year first above written.
CITY OF REDDING SHASTA-CASCADE WONDERLAND
ASSOCIATION, INC.
By: (///`,/ )
K. MAURICE JOHANNESSEN '
Mayor BY: i_� 11 _. - ft
ATTEST: FORM APPROVED:
ETHEL A. NICHOLS , City Clerk RANDALL A. HAYS , City Attorney
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