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FACT SHEET
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Title Date Originating Department
A RESOLUTION RATIFYING OCTOBER 27, 2009 DEPARTMENT OF PUBLIC
THE EXECUTION OF A ASSEMBLY AND RECREATION
COOPERATIVE ENDEAVOR
AGREEMENT WITH
OLIVE BRANCH MINISTRIES, INC.,
IN CONJUNCTION WITH THE
3RD ANNUAL GENTLEMEN’S Sponsor
COOKOFF AND TO OTHERWISE
PROVIDE WITH RESPECT THERETO. SAME
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Purpose
To ratify the execution of a cooperative endeavor agreement with Olive Branch Ministries, Inc., in conjunction with the Gentlemen’s Cookoff.
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Background Information
Olive Branch Ministries, Inc., will host the 3rd Annual Gentlemen’s Cookoff on Saturday, October 31, 2009 from 6:00 a.m. – 12:00 noon. Olive Branch Ministries is a non-profit organization.
The cookoff is one of several events event hosted by the organization throughout the weekend. The events are free, open to the general public and intended to foster community spirit, community awareness and community involvement within the Cedar Grove neighborhood, which is a public purpose. This resolution would ratify the execution of a Cooperative Endeavor Agreement with Olive Branch Ministries, Inc., in connection with the cookoff.
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Timetable
Introduction - October 27, 2009
Final Passage - November 10, 2009
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Special Procedural Requirements
None
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Finances
-0-
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Discussion
None
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Alternatives
1. Adopt the resolution as submitted.
2. Amend the resolution.
3. Deny the resolution.
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Conclusion
Alternative Number 1 is recommended.
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FACT SHEET PREPARED BY: Terri Scott
City Attorney
RESOLUTION NO. ______ OF 2009
A RESOLUTION RATIFYING THE EXECUTION OF A COOPERATIVE ENDEAVOR AGREEMENT WITH OLIVE BRANCH MINISTRIES, INC., IN CONJUNCTION WITH THE 3RD ANNUAL GENTLEMEN’S COOKOFF AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
BY: COUNCILMAN WOOLEY
WHEREAS, Olive Branch Ministries, Inc., will host the 3rd Annual Gentlemen’s Cookoff on Saturday, October 31, 2009 from 6:00 a.m. – 12:00 noon in Shreveport, Caddo Parish, Louisiana; and
WHEREAS, Olive Branch Ministries is a non-profit organization; and
WHEREAS, the cookoff is one of several events hosted by the organization throughout the weekend; and
WHEREAS, the events are free, open to the general public and intended to foster community spirit, community awareness and community involvement within the Cedar Grove neighborhood, which is a public purpose.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal, and regular session convened, that the execution of a Cooperative Endeavor Agreement with Olive Branch Ministries, Inc., is hereby ratified.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this resolution which can be given effect without the invalid provisions, items, or applications, and to this end, the provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed.
APPROVED AS TO LEGAL FORM:
______________________________
City Attorney’s Office
COOPERATIVE ENDEAVOR AGREEMENT
THIS COOPERATIVE ENDEAVOR AGREEMENT (“Agreement”) made and entered into this ______ day of _____________________, 2009, by and between the City of Shreveport through its Mayor, Cedric B. Glover, duly authorized to act herein and hereinafter referred to as the "City" and Olive Branch Ministries, Inc., a duly organized Louisiana non-profit corporation, represented by _______________________, duly authorized to act herein and hereinafter referred to as "Sponsor".
WITNESSETH
WHEREAS, Sponsor will host the 3rd annual Gentlemen’s Cookoff in Shreveport, Caddo Parish, Louisiana on October 31, 2009; and
WHEREAS, the cookoff is one of several events hosted by the organization throughout the weekend that are designed to foster community spirit, community awareness and community awareness within the Cedar Grove neighborhood which is a public purpose; and
WHEREAS, City desires to participate with Sponsor in sponsoring the event.
NOW, THEREFORE, and in consideration of the mutual promises, covenants and agreements hereinafter set forth, the parties hereby agree as follows:
I. SCOPE OF SERVICES
A. City Agrees:
1. To provide the use of a stage for the 3rd annual Gentlemen’s cookoff.
2. To deliver and pick-up the stage at a location designed by Sponsor prior to and at the conclusion of the event.
B. Sponsor Agrees:
1. To host and sponsor the 3rd annual Gentlemen’s cookoff on from 6:00 a.m. – 12:00 noon, Saturday, October 31, 2009 in Shreveport, Caddo Parish, Louisiana. Sponsor shall be responsible for payment of any/all fees, charges, assessments, or expenses related to such event.
2. Except as otherwise provided in Section I.A. above, to provide all equipment, materials, or supplies, of whatever nature, required for the event.
3. To provide and maintain evidence of insurance as required by Attachment A.
4. Compensate City the full cost to replace or repair the stage if the same shall be damaged or destroyed while in use by Sponsor during the event.
II. TERM OF AGREEMENT
This Cooperative Agreement shall become effective upon execution by the duly authorized representative of City and Sponsor and shall terminate on December 31, 2009, unless sooner terminated in writing by either party as hereinafter provided.
The party desiring to terminate this Agreement shall provide no less than ten (10) days written notice to the other party stating its desire to terminate this Agreement and specifying a date on which the termination shall become effective.
III. INDEMNITY AND HOLD HARMLESS
Sponsor agrees to indemnify, defend and hold City, its employees, representatives, appointed and elected officials and assigns harmless from, for or against, any and all claims, demands, suits, judgments or sums of money to any party or person accruing against the City for loss of life, injury or damage to persons or property (including reasonable attorney’s fees for the defense thereof) arising from personal injuries or death to any person arising from use of the City-owned equipment during the event and from any and all claims, demands, suits, judgments or sums of money to any party or person arising from or related to the event.
IV. NOTICES
Any and all notices, demands, requests or other act or actions which shall be required or permitted pursuant to the terms of this Agreement shall be in writing, addressed as follows:
To City: City of Shreveport
Director, Department of Public
Assembly and Recreation
505 Travis Street, Suite 550
Shreveport, Louisiana 71101
To Sponsor: Olive Branch Ministries, Inc.
740 Turner Lane
Shreveport, Louisiana 71106
Attn: Director
Any party may change its address for purposes of this paragraph by written notice given in the manner provided above.
V. MISCELLANEOUS PROVISIONS
A. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
B. Neither party shall assign any interest in this Agreement and shall not transfer any interest in the same without prior written consent of the other party.
C. Sponsor shall at all times keep all property of City free of liens, attachment, encumbrances or claims resulting from its use pursuant to this Agreement.
D. The parties mutually agree that the venue of any possible litigation arising pursuant to this Agreement shall be in the First Judicial District Court, Caddo Parish, Louisiana.
E. Sponsor shall retain all records and supporting documents applicable to this Agreement for a period of three (3) years, except as follows:
(1) Records that are subject to audit findings shall be retained for three (3) years after such findings have been resolved.
(2) All such records and supporting documents shall be made available, upon request, for inspection or audit by representatives of the City. In the either Sponsor ceases to exist, each agrees to turn over to the City all records relating to this Agreement to be retained by the City for the required period.
(3) Sponsor shall permit City or its designated representative to inspect and/or audit its records and books relative to this Agreement at any time during normal business hours and under reasonable circumstances and to copy therefrom any information that the City desires concerning its operations which relate to this Agreement. City shall provide written notice prior to the execution of this provision. If the records and books are not located within Caddo or Bossier Parish, in the event of an audit, Sponsor agrees to deliver the records or have the records delivered to the City’s designated representative at an address designated by City or its representative within the City of Shreveport. If the City representative finds that the records delivered by Sponsor are incomplete, Sponsor agrees to pay the City representative’s costs to travel to the location wherein such documents are located to retrieve or audit the complete records.
F. No provision or requirement contained in this Agreement shall in any manner make Sponsor an employee of the City and shall not create a partnership or joint venture between City and Sponsor.
G. In all hiring or employment made possible by or resulting from this Agreement there:
1) will not be any discrimination against any employee or applicant because of race, color, religion, sex, national origin, handicap, age, or veteran status; and
2) where applicable, affirmative action will be taken to ensure that Sponsor’s employees are treated during employment without regard to their race, color, religion, sex, national origin, handicap, age or veteran status. This Agreement shall apply but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regarding the race, color, religion, sex, or national origin, handicap or veteran status.
H. Sponsor expressly agrees and acknowledges that it is an independent contractor as defined in the Revised Statutes of the State of Louisiana and as such it is expressly agreed and understood between the parties hereto, that in entering into this agreement, that City shall not be liable to Sponsor for any benefits or coverage as provided by the Workmen's Compensation Law of the State of Louisiana, and further under the provisions of R.S. 23:1034, anyone employed by Sponsor for purposes of this Agreement shall not be considered an employee of the City for purposes of Workmen's Compensation Coverage.
I. Sponsor expressly declares and acknowledges that it is an independent contractor, and as such it is expressly declared and understood between the parties hereto that:
1) Sponsor has been and will be free from any control of direction by the City, over the performance of services covered by this Agreement;
2) the service(s) to be rendered by Sponsor are outside the normal scope of the City's usual business; and
3) neither Sponsor nor anyone employed by Sponsor shall be considered an employee of City for the purpose of unemployment compensation coverage, the same being hereby expressly waived and excluded by the parties hereto.
J. This Agreement shall be reasonably construed and substantial compliance with its terms, conditions, and obligations unless the context or a literal compliance requires otherwise. Whenever approval or consent is required herein by either party, the same shall not be unreasonably withheld.
K. No failure of any party to exercise any power or right given hereunder or to insist upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of a party’s right to demand at any time exact compliance with the terms hereof.
L. If any provision or item of this Agreement is held invalid, such invalidity shall not effect other provisions or items of this Agreement which can be given effect without the invalid provisions and to this end the agreement is hereby declared severable.
M. This Agreement shall constitute the entire agreement between the parties, and shall not be otherwise affected by any other purported undertaking, whether written or oral.
IN WITNESS WHEREOF, the parties have hereunto set their hands on this _____ day of ________________________, 20_______.
WITNESSES: CITY OF SHREVEPORT
___________________________ BY: ______________________________
CEDRIC B. GLOVER, MAYOR
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WITNESSES: OLIVE BRANCH MINISTRIES, INC.
___________________________ BY: ______________________________
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