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HomeMy WebLinkAboutR-1999-080 AGREEMENT FOR ROUND ROBIN SOFTBALL TOURNAMENT PROGRAM.RESOLUTION NO. R -99 -RQ A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and Mike Wyknenko to provide a round robin softball tournament program for the community. WHEREAS, the City of Yakima desires a round robin softball tournament program for the purpose of providing high quality recreational softball tournaments and encouraging tourism within the City; and WHEREAS, Mike Wyknenko has the experience and expertise necessary to provide said round robin softball tournament 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 Mike Wyknenko 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 Mike Wyknenko for the purpose of providing a round robin softball tournament program for the purpose of providing high quality recreational softball tournaments and encouraging tourism within the City. ADOPTED BY THE CITY COUNCIL this 15th day of June, 1999. ATTEST: John Puccinelli, Mayor City Clerk (Ik)r-wyk,e,xo-softball-99.pm 1999-2001 AGREEMENT BETWEEN THE CITY OF YAKIMA AND MIKE WYKNENKO THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima (hereinafter the "City"), and Mike Wyknenko. WHEREAS, the City desires to co-sponsor Slowpitch Round Robin Tournaments with Mr. Wyknenko for the purpose of providing high quality recreational softball tournaments and encourage tourism within the City. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, it is agreed by and between the City and the Mr. Wyknenko as follows: 1. Coordination of activities. A. CITY OF YAKIMA'S DUTIES: The City shall be responsible for the following: 1. Confirming all Slowpitch Round Robin Tournament dates with Mike Wyknenko on or before January 1 of each year of the Agreement. 2. Reserving appropriate City ballfields on which to hold the Slowpitch Round Robin Tournament program. To the extent that other City ballfields are not necessary for Slowpitch Round Robin Tournament programs, these ballfields will be made available to other interested parties by the City as deemed appropriate by the City's Athletic Supervisor. Larson Park usage shall be coordinated with the Fastpitch field use schedule. 3. Providing other materials necessary to run each Slowpitch Round Robin Tournament, such as: ballfield maintenance schedule, emergency and maintenance personnel listing. 4. Providing ballfield maintenance staff, and concessionaire. B. MIKE WYKNENKO'S DUTIES: Mike Wyknenko shall be responsible for the following: Page 1 of 12 (Ik)agr/wyknenko sofbaill-99-pm 1. Determining Slowpitch Round Robin Tournament offerings, including fees and tentative dates, and providing this information to the City's Athletic Supervisor on or before January 1 of each year. 2. Coordinating Slowpitch Round Robin Tournament dates with the Visitors and Convention Bureau. 3. Receiving team registrations and rosters, verifying that information is correct, receipting registration, and sending confirmation and receipts to participating teams; collecting other team information as necessary. 4. Recruiting, training and providing compensation for the services of the Round Robin Tournament Directors. Providing on-site management throughout the Slowpitch Round Robin Tournament season. 5. Notifying by phone the City's Athletic Supervisor of the number of softball fields necessary for each Slowpitch Round Robin Tournament three weeks in advance of each Slowpitch Round Robin Tournament. 6. Arranging with the Yakima Valley Umpires Association to provide certified officials for all games. Handling all financial responsibilities for procurement and payment of said officials. Delivering official schedules to the Parks and Recreation office by 1:00 p.m. no later than one (1) week prior to the tournament. Mike Wyknenko shall verbally and, whenever possible, in writing indicate to this Association that Mike Wyknenko, not the City, is solely responsible for payment of the Association and its officials. 7. Providing a minimum of one (1) new and one (1) used A.S.A. and/or U.S.S.S.A.-approved softball for all games. S. Arranging for the distribution of Slowpitch Round Robin participant T- shirts to the registered teams. 9. The selling of non -participant T-shirts on-site and the keeping of accurate records of sales. 10. On or before the first day of May for each year of this Agreement, Mike Wyknenko shall provide to the City's Athletic Supervisor proof of general liability insurance on the amount of one million dollars that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement and shall name the City, its officials, agents and employees as additional insureds. Page 2 of 12 (Ik)agr/wyknenko. fWW-99-pm 11. The development and printing of an annual Slowpitch Tournament brochure by February 28 of each year. 12. Distributing and advertising a Slowpitch Tournament brochure which will include the Slowpitch Round Robin Tournaments mentioned herein. This includes mailing brochures and roster forms. 13. Handling all phone or walk-in inquiries regarding the Slowpitch Round Robin Tournament program, and other pertinent information (motel, maps, etc.). 14. Confirming the number of registered tournament teams and facilities required. This confirmation is based on information provided by City staff. 15. Bracketing (scheduling) each tournament, and providing schedules and other pertinent information to each participating team. 16. Preparing a Slowpitch Round Robin Tournament Director's Notebook and bracket board for each tournament site. 2. Maintenance. A. The City shall be responsible for preparing and maintaining ballfields in playing conditions that have a level of safety customary for softball activities as situations allow. This includes. 1. A ballfield maintenance standard of one (1) preparation per field per every two (2) games throughout the scheduled tournament, or as coordinated by Mike Wyknenko. A minimum field preparation shall consist of: a. All loose rocks removed from the playing field. b. All trash, especially glass in and around the playing field, picked up and disposed of properly. c. The infield dirt around 2" and 3rd bases inspected and loosened if needed. d. Home plate inspected and leveled if needed. e. The batters' box inspected, leveled and dirt loosened if needed. Page 3 of 12 Qk) gr vyknenko softba111-99-pm f. All bases inspected and leveled if needed. All base anchors inspected and reset if needed. h. The pitching rubber inspected and leveled if needed. i. All holes or depressions within the playing field filled and leveled. The infield watered down before dragging. k. The dragging of the infield. 1. The lining of the field: batters' box, on -deck circle, foul lines, and the 1st and 3rd base coaches' boxes. m. The proper cleaning and storage of equipment. 2. Under the supervision of the City's Athletic Supervisor, providing thirty (30) minutes of the Ballfield coordinator's time per site to supervise ballfield maintenance staff, and coordinate with Mike Wyknenko or on-site Tournament Director any other maintenance needs. g. 3. Under the supervision of the Ballfield Maintenance Coordinator, providing up to twenty-six (26) hours of Ballfield Maintenance Works' time per site. They shall be responsible to: a. Perform the minimum field preparations as scheduled. b. Monitor, clean, and stock restrooms as necessary. This will be in addition to the service provided by the regular Park Maintenance Rover. c. Pick up litter and dump the full barrels into dumpsters when necessary. This will be in addition to the service provided by the regular Park Maintenance Rover. d. Provide additional watering, raking, chalking and other measures to ensure a safe playing area, as conditions and the tournament schedule permit. B. Mike Wyknenko shall be responsible for coordinating ballfield maintenance activities for the Slowpitch Round Robin Tournaments. This includes: Page 4 of 12 (Nagriwyknenko w(tballl-99-pm 1. Coordinating with the City's Athletic Supervisor a ballfield maintenance schedule for each Slowpitch Round Robin Tournament no later than one (1) week prior to each Tournament. 2. Coordinating with the Ballfield Maintenance any on-site ballfield maintenance schedule changes based on weather, field safety condition, or game delays for each Slowpitch Round Robin Tournament within the total hours agreed upon. 3. It is further understood that additional work hours over and above the total scheduled (per person) for each Slowpitch Round Robin Tournament will not be altered unless to ensure a safe playing condition or an emergency dictates. Additional field maintenance will be billed as provided in Section 4.b. 3. Billing, Payments and Collections. a. The City shall be responsible for the following: 1. Providing an itemized statement to Mike Wyknenko within five (5) days following the completion of each tournament which spells out specifically: a. All City fees owed for services provided. City fees are to be itemized by fee category. 2. Provide a post -season tournament report 110 later than thirty (30) days following the last tournament which itemizes all actual expenses incurred by the City and fees paid by Mike Wyknenko to the City for services rendered. A final reconciliation of accounts will be prepared with a final billing within fifteen (15) days. All charges owed will be payable within thirty (30) days after billing. B. Mike Wyknenko shall be responsible for the following: 1. Paying the City for actual and pre -scheduled coordination, field preparation, lights, maintenance M&O and additional field maintenance per Slowpitch Round Robin Tournament as per agreement. 2. Providing the City a complete written post -tournament financial statement no later than five (5) days following each Slowpitch Round Robin Tournament. 4. City Fee Schedule. Page 5 of 12 (Ik)agr/wyknenko sofiba111-99-pm A. Fees to be paid by Mike Wyknenko to the City of Yakima for the Slowpitch Round Robin Tournaments are divided into two categories. 1. Shared Cost: Tournament costs in the area of coordination field rental and maintenance, lights, maintenance M&O, softballs, and post -season charges which the City may participate in and bear all or a portion of the cost. 2. Non -Shared Cost: Tournament costs in which the City does not participate in and all costs borne by Mike Wyknenko. Non -shared costs include but are not limited to all City -incurred costs, payments, to tournament umpires, tournament directors, tournament awards, tournament T-shirts, and additional field maintenance services provided by the City described in "B" below. B. The City fees to be charged to Mike Wyknenko are listed below. All figures listed represent the amount to be paid by Mike Wyknenko to the City to off -set City -incurred expenses relating to tournament coordination and field preparation, lights, maintenance M&O, and final post -season adjusted charges. The following charges are subject to review and revisions by the Parks and Recreation Manager at her sole discretion on an annual basis and will be based on actual City costs. 1. Tournament Coordination: Athletic Supervisor $23.30/hour Ballfield Maintenance Coordinator 16.44/hour Page 6 of 12 (lk)agr yknenko wftbal11-99-pm 2. Field Preparation: Ballfield Maintenance Coordinator 16.44/hour Ballfield Maintenance Worker 8.50/hour 3. Lights $10.00 per ballfield per hour per tournament. An additional charge of $10 per reset will be assessed for each Tournament Manager or Tournament Director's request for lights to be reprogrammed. 4. Additional Field Maintenance: Any required maintenance work above and beyond that provided for in Section 4.B.2 will be billed as a non -shared cost at the following rates: Ballfield Maintenance Coordinator $16.44/hour Ballfield Maintenance Worker 8.50/hour 5. Softballs Dudley SW Model 35.00/dozen 5. Definitions. A. Slowpitch Round Robin Tournament: The Slowpitch Round Robin Tournament program sponsored by KXDD-KUTI/KYKA/Budweiser Beer and Pepsi Cola/KXDD- KUTI/KYKA and the City of Yakima and coordinated by Mike Wyknenko. B. City: City of Yakima, Washington. C. Ballfields: 1. City of Yakima softball fields: a. Kiwanis 3 fields b. Larson 4 fields (dependent upon Fastpitch schedule) c. Gardner 2 fields d. Elks 4 fields (dependent upon Little League schedule) D. Basic Level of Maintenance: Page 7 of 12 (Ik)agrAvyknenko softb4111-99-pm The maintenance work necessary so that a ballfield facility has a level of safety customary for softball activity and available for its intended use as seasonal weather conditions permit. This includes mowing, irrigation, debris, removal, general cleaning, structure upkeep, and other required work, so that the field is relatively level and consistent across its infield surface, holes are filled, fence lines are repaired and field and foul lines are marked. E. Registered Team: A team that has paid all of its fees to Mike Wyknenko by conclusion of a state registration period. F. Season Length: May through September of each year. G. Site: A City softball field. H. City Co -Sponsorship: Sharing in tournament costs by the City. Specifically, the City will not charge a field rental fee for the use of City softball facilities. The City will be recognized as a sponsor on all tournament T-shirts, awards, publications and advertising. 6. Term. The term of this Agreement shall commence upon execution by the parties hereto and shall terminate at midnight, December 31, 2001, unless sooner terminated by either party in accordance with Section 20of this Agreement. 7. Status of Association Mr. Wyknenko and the City understand and expressly agree that Mr. Wyknenko is an independent contractor in the performance of each and every part of this Agreement. Mr. Wyknenko and his employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 8. Taxes and Assessments. Mike Wyknenko shall be solely responsible for compensating his 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, Mike Wyknenko shall pay the same before it becomes due. Page 8 of 12 (Ik)agthvyknenko . fbzli-99-pm 9. Nondiscrimination Provision. During the performance of this Agreement, Mike Wyknenko 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. 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. 10. The Americans With Disabilities Act. Mike Wyknenko 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. 11. Compliance With Law. Mike Wyknenko 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. 12. No Insurance provided by the City. It is understood the City does not maintain liability insurance for Mike Wyknenko and/or his agents, employees and/or volunteers. 13. Indemnification and Hold Harmless. Mike Wyknenko agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, 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) resulting from, arising out of, or in connection with Mike Wyknenko's performance and/or non-performance of the duties, obligations and terms of this Agreement, and past or present occupation of the concession stand. 14. Liability Insurance. On or before date this Agreement is fully executed by the parties, Mike Wyknenko 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 Page 9 of 12 (Ik)agr/wyknenko sofballl-99.pm insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Mike Wyknenko 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 Mike Wyknenko stated herein. 16. 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. 17. Integration. This written document constitutes the entire agreement between the City and Mike Wyknenko and supercedes any and all previous written and/or oral agreements between the parties. There are no other oral or written agreements between the parties as to the matters covered herein. 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. 18. Non -Waiver. The waiver by Mike Wyknenko or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 19. Performance Excused under Certain Conditions. The City's failure to perform any of its obligations under this Agreement shall be excused if due to causes beyond the control and without the fault or negligence of the City, including but not limited to acts of God, acts of the public enemy, acts of any government, fires, floods, epidemics, strikes, and/or weather conditions; or field conditions resulting from the early energization of the irrigation systems or early opening of the restrooms at Elks Park. 20. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) calendar days prior written notice of termination. In the event of such termination, Mike Wyknenko shall pay the City for all services rendered by the City to Mike Wyknenko and for concession sales through the date of termination. 21. 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: Page 10 of 12 (Ik)ag/wyknenko oftbatU-99-pm Parks and Recreation Division Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 TO ASSOCIATION: Mike Wyknenko Yakima, WA 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. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 23. 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 11 of 12 (Ik)agr/wyknenko mfibaW-99-pm CITY OF YAKIMA By: `-rS Dick Zais, City Manager Date: Date: MIKE WYKNENKO City Contract No. 99-78 Resolution No. R-99-80 Page 12 of 12 (1k)agriwykrtenko softballl 99 -pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. J - For Meeting Of June 15, 1999 ITEM TITLE: A Resolution authorizing an Agreement between the City of Yakima and Mike Wyknenko for Softball Round Robin Tournaments SUBMITTED BY: Chris Waarvick, Director, Department of Public Works and Denise Nichols, Parks & Recreation Division Manager CONTACT PERSON/TELEPHONE: Denise Nichols/ 575-6020 SUMMARY EXPLANATION: Attached is a Resolution to authorize an the Agreement between the City of Yakima and Mike Wyknenko for Slowpitch Softball Tournaments. In the attached Agreement, Mike Wyknenko will register all teams. The City will not collect monies nor pay Mr. Wyknenko any monies. Mike Wyknenko will reimburse the City for services which includes ballfield maintenance, tournament coordination, and tournament scheduling. The City will continue to co-sponsor these tournaments. As a co- sponsor, the City will waive field rental fees. This agreement has been reviewed and it is in compliance with the City's bid laws. The Agreement can be terminated by either party if it is determined to no longer be in the best interest of the City of Yakima or Mr. Wyknenko. Resolution X Ordinance _ Contract Other (Specify) Agreement Funding Source: Parks & Recreation Fund APPROVED FOR SUBMITTAL: --0`-c.2-0`k- Y Manager Mana er STAFF RECOMMENDATION: Staff respectfully requests approval of the attached Resolution to authorize an agreement between the City of Yakima and Mr. Wykenko. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Legal/BD Agenda Stmt. P & R 1