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HomeMy WebLinkAboutResolutions 85-288 N.C.S. 09/03/1985Resolution No. 85-288N. C. S. of the City of Petaluma, California SEP 319$5 3 RESOLUTION AiJTHORIZING THE MAYOR OR CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEIvIENT WITH THE A. M. W.OMEN'S VOLLEYBALL ASSOCIATION BE IT RESOLVED that the Mayor or City Manager is hereby authorized to sign an agr-eement between the City of Petaluma and the A.M. Women's Volleyball Association for the purposes of conduc.ting the 1985-86 A.M. Women~s Volleyball league, for the period October' 1985 to March 31, 1986; and, BE IT FURTHER RESOLVED that a copy of said agreement is attached hereto as Exhibit "A" and made a part hereof . Under the power and authority conferred upon this Council by the Charter of said City. I hereby certify the foregoing Resolution was ,introduced, and adopted by the Approved as to Council of the City of Petaluma at a(Regular) {~Q('y6i~rxfe~,~~o~a~~meeting on the --.------...3rd----- day of :.._.........SePte.mber .................. 19..85 by the following vote: ~ •••-•-• •--------•--------•-----•----•---- 'ty Attorney AYES: Bond/Cayanagh/Davis/Woolsey/Tencer/V.M. Balshaw/Ma r attei NOES: None ABSENT: None •--......_.. ATTEST; •-' •-•-• •--- -••--• ~• ..... . ..............................:..••-•-- ity Glerk ~ ~ J f.._.- --- . _ ~ '=, ....._••••---...•• •°---•• -••:--~, ,••,- •--•__...:_'_ ~-•-•..__....----• Mayor ~ Council File .................................... Form CA 2,7/Bl Res. No.......$.,r~."_ 2'$'$" N. C. S. 4Y,OMEN'S A.N.. VQLLEYB'AI.L ASSOC'IATION AGREEMENT This Agreement is made b.y and between the City., of ~ Petaluma, hereinafter known as City, _ and the Petaluma A..M. Women's V.olleyball Association, hereinaf;ter referred to as Associa.tion,_ this 4th day ~ of Se.ptember, 1985, for the purpose of c.onducting; the 1985-86 A.M. Women's Volleyball league. These services involve the ,complete op.e"ration of the season which is to begin the first week; of October, 1985 and conclude at March. 31, 1986. The Gity will provide to the Association: ' a) All balls, nets an~d facility rentals; .- • b>) Print and distribute: league operations,;. regulations, schedules and house rules ; ' ~ c)~ Collect~. all fees- and distribute same to the Association; d) Provide sc`hed'uling,, ;coordination w'ith th~e ,Association c ' 'The Associafion- coveriants to:- ~ ~ a) P;rovide ~and ;sche:duTe 'one~ official per ,game'; . b)' Provi'de. and schedu~le scorekeeper:s who w'ill. ma'intain accurate game ~ records,_ submit scores to the Argu"s-Cour'ier~; ~maintain team standing.s " and league .ro.ster,:s;: ~ . c) H'andle all protests~ and leag,u'e, operations,. On or about. October 1., 1{9.85 , City shall submit bo Association 90 0 of. the ~ net league fees (net. l~eagiie i's defined as: totaT fees collected less City qperating_ eosts -$900..00)., b-ased' on, fhe cos,t. o'f: officiating,, scorekeepers and ,~ playoffs, .paid. b,y the leagize fees. ,At the conclusion. of the' season, .City s~hall' reimburse 't'he. Association ' the; remaining~ 10% . of tYie league fees . Association wi~1T receive :$3~.OQ`~ per. 'team for 19.8.5-$'6 Associat'ion dues.. .~ A1~T prgtest,- fee~s,;. forfeit fees . or unsportsmanlike conduct fees will be collected' 'by. the Association and; will rernain~ with the :Association for league operatioris ,. The ~Association . w~ill assign. at. 1'east° one,; • but not more t'han two representati`ves who can . b:e contaeted:. .by the t:eams. to ans:wer, any. league opera~tion concerns. The Asso.ciation may ~,mee.f onee, a~week wit'h the Park and Reereat"ion D`epar.tment to coordinate the activities of the season . T~ie . Assoc'iation, shall maintain for the entire term ~f this agreement ~throug~h~, individual~ team 'insurarice, insurance coverage: for bodily injury and death .. ~ The Association, throug;h indivi:dual team .insurance, will indemnify and hold Ci,ty "harmless from any elaim or cla:ims of,., liability or damages resulting from the activities of the Association conducted pursuan,t •to this Agreement. If either~'par:ty b,ecomes involved in litigation arising out of this contract„ or •the performance thereof, tlie C.ourt;~ ;i•n such litigation, or 'in. a separate suit, shall award reasonable costs and expenses,. including attorney's fees to the party jus,t_l,.y entitled therefo,. :In awarding; attorney's fees, the Court will not be bo.und by ;any Court fee schedule,, b,ut shall, if it is in the. interest of justice to d.o so, award fhe full :amo.unt of costs and expenses in attorney's fees p.aid or' ,incurr.ed. in -good fai`th. ` Associa~tion shalfi :perform the services described herein in the capacity of an independent contraetor ;a.nd not as an agent. or employee, of the City . ATTEST':, ~ _ City Clerk ApproYed: City ~of PetaIuma, a California municipal: corporation City Manager .A~~pprov,ed :. . ~ ~ Ci-ty Attorney , ~ Petaluma Volleyball Association y