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Home My WebLink AboutR-1999-041 AGREEMENT FOR FASTPITCH SOFTBALL PROGRAM FOR THE COMMUNITY.RESOLUTION NO. R-99- 41 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Softball Association to provide a fastpitch softball program for the community. WHEREAS, the City of Yakima desires to provide a fastpitch softball program for the community; and WHEREAS, the Yakima Softball Association has the experience and expertise necessary to provide said fastpitch program and is willing to provide this program in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Yakima Softball Association in accordance with the terms of the attached Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Agreement between the City of Yakima and the Yakima Softball Association" for the purpose of providing a fastpitch softball program for the community. ADOPTED BY THE CITY COUNCIL this day of g(C---;1999. A 1"1'EST: , John Puccinelli, Mayor City Clerk AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA SOFTBALL ASSOCIATION THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima (hereinafter the "City"), and the Yakima Softball Association (hereinafter the "Association"). WHEREAS, the City desires to provide a fastpitch softball program for the community; and WHEREAS, the Association has the experience and expertise necessary to provide said fastpitch softball program and agrees to perform these services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, it is agreed by and between the City and Association as follows: 1. Services. a. The City of Yakima shall: i. Work with Association in determining the dates for pre- season maintenance. All pre -season maintenance activities, including the City's energization of the irrigation system and opening of restrooms, are dependent on the weather. The determination of whether the weather permits is at the sole discretion of the City. Dates will coincide with the City's spring maintenance schedule. ii. Provide basic level of maintenance on the fields which includes mowing, irrigation, inspection, repairs, and garbage service, according to the established Parks maintenance schedule. The Association may request additional maintenance services, including additional mowing. iii. Work with Association on any "special" maintenance needs. iv. Designate an Athletic Supervisor as the contact person for the City of Yakima. Page 1of6 Ok)ogr-softball assoc99.pm v. Bill Association at the conclusion of the season for field use. vi. Bill Association light usage fees on a monthly basis. b. Association shall: i. Fill out a "Use of Facility" application with the dates for usage and adhere to the policies stipulated on the "Use of Facility" application. ii. Notify the City of Yakima twenty-four (24) hours in advance of any schedule changes. iii. Prepare the fields for play for all Association games and practices, which includes providing bases for Dunbar Field. iv. Designate an Association Board Member who will represent Association and work with the City's Athletic Supervisor on all conditions of this Agreement. v. Submit to the Athletic Supervisor a recap of field and light usage by the first day of each month for the previous month. 2. Consideration. The Association agrees to compensate the City for the services rendered hereunder as follows: a. Field Use Rental. Rental for use of fields other than Dunbar field is Five Dollars ($5.00) per day for all scheduled usage. The City shall submit an invoice/billing to the Association at the conclusion of the Association softball season. The Association shall pay the City within thirty (30) days after receiving said invoice/billing. b. Lights. Charge for use of lights is Six Dollars and Fifty Cents ($6.50) per hour per field, plus all applicable taxes. The City shall submit an invoice/billing to the Association at the conclusion of each month during the Association softball season. The Association shall pay the City within thirty (30) days after receiving said invoice/billing. c. Mowing and Special Maintenance. When additional mowing and other special maintenance services beyond the normal maintenance schedule are requested by the Association, the City shall charge Association on a per hour basis in accordance with Exhibit "A". Page 2 of 6 (1k)agr-softball arae 99 -pm 3. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at 12:00 p.m., December 31, 1999, unless sooner terminated by either party in accordance with Section 16 of this Agreement. 4. Status of Association. Association and the City understand and expressly agree that Association is an independent contractor in the performance of each and every part of this Agreement. Association and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. Association shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Association shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Association shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap in violation of any applicable federal, state, and/or local law and/or regulation. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, and the provision of services under this Agreement. 7. The Americans With Disabilities Act. Association agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 8. Compliance With Law. Association agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 9. No Insurance. It is understood the City does not maintain liability insurance for Association and/or its employees. Page 3 of 6 Qk)agr-softball assoc 99 -pm 10. Indemnification and Hold Harmless. Association agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) arising out of, relating to, or resulting from Association's performance and/or non-performance of the services, duties and obligations required under this Agreement. 11. Liability Insurance. On or before date this Agreement is fully executed by the parties, the Association shall provide the City with a certificate of insurance as proof of liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Association to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Association stated herein. 13. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 14. Integration. This written document constitutes the entire agreement between the City and Association. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 15. Non -Waiver. The waiver by the Association or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a Page 4 of 6 (1k)ag-softball assoc 99 -pm waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 16. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) calendar days prior written notice of termination. In the event of such termination, the Association shall pay the City for all services rendered by the City to the Association through the date of termination. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: TO ASSOCIATION: Athletic Supervisor City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 President Yakima Softball Association P.O. Box 9672 Yakima, WA 98909 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Page 5 of 6 pk)agr-softball ass« 99 -pm CITY OF YAKIMA YAKIMA SOFTBALL ASSOCIATION By: Date: Dick Zais, City'Manager ATTEST: By: -L 6,,eilCoyi,444-, �� ihhi✓T Its: Date: 3 & ' ; etc/ ei Karen S. City Clerk Roberts, City Contract No. 99=45 Resolution No. R-99-41 Page 6 of 6 t�l,�-eo(b I .n.n�vs-ym ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /5 For Meeting of April 6. Agreement Between the City of Yakima and the Yakima Softball Association Chris Waarvick, Director of Public Works`' 7 Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: 1999 Attached is the 1999 Agreement between the City of Yakima and Yakima Softball Association for a fastpitch softball program at Dunbar Field and Larson Park. This Agreement is updated yearly and provides reduced fees for softball field rental by the Association. The Yakima Softball Association pays the City approximately $2,000 a year for field use. Resolution x Ordinance Contract _ Other (Specify) Agreement Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends approval of the Resolution and Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: