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HomeMy WebLinkAboutR-2001-065 Yakima Valley Umpires Association AgreementRESOLUTION NO. R-2001- 65 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with the Yakima Valley Umpires Association for the purpose of obtaining officiating services for the organized softball program of the City of Yakima. WHEREAS, the Parks and Recreation Division of the Department of Public Works manages and facilitates a program of organized softball in City parks; and WHEREAS, such a program requires the services of umpires to officiate scheduled games; and WHEREAS, Yakima Valley Umpires Association, hereinafter "YVUA," has the experience and expertise necessary to provide certified ASA softball officials and agrees to perform these services for the City under the terms and conditions set forth in the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with YVUA for umpire services in accordance with the terms and conditions 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 "2001 Agreement between the City of Yakima and Yakima Valley Umpires Association" for the purpose of obtaining officiating services for the organized softball program of the City of Yakima. ADOP PED BY THE CITY COUNCIL this '7 qday of M1-- , 2001. AT PEST: City Clerk Ilklresumpvo-aurvUl-pm y Place, Mayor 2001 AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA VALLEY UMPIRES ASSOCIATION THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima (hereinafter the "City"), and the Yakima Valley Umpires Association (hereinafter "YVUA"). WHEREAS, the City finds it necessary to contract with YVUA to provide certified ASA softball officials to facilitate league and tournament officials for its scheduled Parks and Recreation Softball Program. WHEREAS, YVUA has the experience and expertise necessary to provide said certified ASA softball officials 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, and agreements set forth herein, it is agreed by and between the City and YVUA as follows: 1. Services. The duties of softball officiating are to be performed by YVUA in conjunction with the City's Softball Program. The total number of games to be officiated are approximately two thousand two hundred (2,200). Special areas of responsibilities for both the City and YVUA are contained in Attachment "A," which is attached hereto and incorporated herein by this reference. 2. Consideration. As consideration for the services specified in this Agreement, the City agrees to compensate YVUA according to the payment schedule, Attachment "B," which is attached hereto and incorporated herein by this reference. 3. Term. The term of this Agreement shall commence on the March 1, 2001, and terminate at midnight January 31, 2002, unless sooner terminated in accordance with Section 17 of this Agreement. 4. Status of YVUA. YVUA and the City understand and expressly agree that YVUA is an independent contractor in the performance of each and every part of this Agreement. YVUA 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. YVUA shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but Page 1 of 8 (Ik) agr-ompre assn. 01 -pm 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, YVUA shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, YVUA shall not discriminate on the basis of race, age, 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, selection for training, or in the administration or delivery of services under this Agreement. 7. The Americans With Disabilities Act. YVUA agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 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. YVUA 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 YVUA and/or its employees. 10. Indemnification and Hold Harmless. YVUA 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 reasonable attorneys' fees and disbursements) arising out of, relating to, or resulting from YVUA's performance and/or non-performance of the services, duties and obligations required under this Agreement. 11. Insurance. On or before the effective date of this Agreement, YVUA shall provide the City with a certificate of insurance as proof of liability insurance in the amount of One Page 2 of 8 0k) ow -umpire assn. 01 -pm Million Dollars ($1,000,000.00) that clearly states 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 certficate 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 YVUA 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 YVUA stated herein. 13. Damages. If for any reason prior to termination of this Agreement as provided herein, YVUA fails to provide the services specified in this Agreement and the City is forced to secure other such services from another person or entity, YVUA shall be held liable for any and all additional expenses to fulfill their obligation to the City and the softball program under this Agreement. This provision shall not serve as a limitation upon other damages that may be available to the City pursuant to statutory and/or common law. 14. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 15. Integration. This written document constitutes the entire agreement between the City and YVUA. There are no other oral or written Agreements between the parties as to the subjects 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. Page 3 of 8 (1k) agr-unrpire assn 01 -pm 16. Non -Waiver. The waiver of either the City or the YVUA of the breach of any provision of this Agreement by the other party shall not operate and/or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 17. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days prior written notice of termination. In the event of such termination, YVUA shall be compensated for services provided to the City through the date of termination. 18. 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 YVUA: Parks & Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Assigning Secretary Yakima Valley Umpires Association 14771 Yakima Valley Highway Zillah, WA 98953 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. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. 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 4 of 8 Qk) agr-umpire assn. 01 -pm CITY OF YAKIMA R. A. Zaisjr., City Manager Date: q - o / ATTEST: YAKIMA VALLEY UMPIRES ASSOCIATION By: vcIF- til Its:4s�s�„�,i�� Date: City Clerk City Contract No. oo - Resolution No. - v u / - 6 s oru t01 4.4pLAA-Leti4k.P cut_12.nty,t)0_ k./ LA 64„. A I QIcito_k_0( Stes,1 L-1--1L6k- 06--tt icif2-dl'fkceJri.o-k Pul±Lt: (V[ir eib-wOntif vk42A oa.ia,c;c1). Page 5 of 8 (14) .g'umFiv..ou. 01 -pm ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Provide league schedules in writing to the YVUA's Assigning Secretary no later than seven (7) days prior to the beginning of the season. B. Give a minimum of forty-eight (48) hours notice of schedule changes. 1. Failure to provide forty-eight (48) hours notice of schedule changes shall result in a rescheduling game fee being charged against the City. 2. All game reschedules resulting from acts of God shall be rescheduled with no game fee being assessed against the City. C. Provide a tentative tournament schedule in writing to the YVUA's Assigning Secretary no later than eight (8) days prior to scheduled tournament. D. Provide a final tournament schedule in writing to the YVUA's Assigning Secretary no later than five (5) days prior to the scheduled tournament. E. Pay the YVUA for services provided within thirty (30) days after receiving the statement/billing. 2. The Yakima Valley Umpires Association shall: A. Provide certified and properly trained ASA softball officials for all league and tournament games as needed to meet the City's softball program schedule. B. Schedule their certified officials to meet the City's softball program schedule.C. Pay all certified officials for games worked in order to meet the City's softball program schedule. Page 6 of 8 (Ik) ayr-umpire assn. 01 -pm ATTACHMENT "B" PAYMENT SCHEDULE 1. The City of Yakima Parks and Recreation Division shall: A. Compensate the YVUA at the rate of 1. League Play Youth one (1) man mechanics Adult one (1) man mechanics Adult two (2) man mechanics 2. Tournament Play (elimination format) Adult one (1) man mechanics Adult two (2) man mechanics B. Pay a Rescheduling Fee of: 1. League Play $1.25 per game $18.50 per game $18.50 per game $30.00 per game $20.50 per game $33.00 per game 2. Tournament Play $1.25 per game C. Pay an Organizational Fee of 1. Assigning Fee 5% of game fee D. The total amount of this Agreement shall not exceed $45,000.00. 2. The Yakima Valley Umpires Association shall: A. Provide an itemized monthly invoice/billing to the City's Athletic Supervisor for the services scheduled for the upcoming month on the 1st day of each month. To be included in this monthly statement/billing are any service adjustments, additional fees and charges, for the previous month, and their reconciliation. The City has the right to set-off as to any Page 7 of 8 Ok) au -umpire assn. O] -pm accrued fees in the nature of a penalty or reimbursement for failure to perform. B. Pay a No -Show Fee of: 1. League Play $25.00 per game 2. Tournament Play $25.00 per game C. Pick up the final written tournament schedules at the Parks and Recreation Office at 2301 Fruitvale Boulevard, between 4:00 p.m. and 5:00 p.m., five (5) days prior to the scheduled tournament. D. Provide to the City, at no charge, a schedule of certified officials assigned to officiate tournament games. This schedule shall be provided to the City's Athletic Coordinator 110 later than 2:00 p.m., one (1) day prior to the scheduled tournament. E. Pay a "No -Show" fee for all scheduled games when an official does not meet the City's softball program schedule and causes the game to be rescheduled. 1. Failure of an official to be 011 site five (5) minutes before a game is scheduled to be played shall constitute a "No -Show." 2. Failure of an official to officiate a complete scheduled game, unless called because of acts of God, shall constitute a "No -Show." 3. The City has the right to set-off as to any accrued "No -Show" fees for failure to perform. Page 8 of 8 (1k) ag-umpire assn. 01 -pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ' o q For Meeting of April 17, 2001 ITEM TITLE: Resolution Authorizing Execution of a Professional Services Agreement with the Yakima Valley Umpires Association for Officiating Services During the 2001 Softball Season SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Attached is the 2001 Agreement with the Yakima Valley Umpires Association (YVUA) to provide softball officiating services. This Agreement is updated yearly and provides certified American Softball Association (ASA) softball officials to facilitate league and tournament softball games as needed to meet the Parks and Recreation Softball Program schedule. The City budget's approximately $45,000 a year for umpire services. Participation fees offset this cost. Resolution X Ordinance _ Contract _ Other (Specify) Agreement Contract Yes Mail to (name and address): Assigning Secretary, Yakima Valley Umpires Association, 14771 Yakima Valley Highway, Zillah, WA 98953 Phone: Funding Source Parks and Recreation Budget APPROVED FOR SUBMITTAL: .._ > City Manager STAFF RECOMMENDATION: Staff respectfully requests Council to adopt the Resolution authorizing execution of the 2001 Agreement between the City of Yakima and Yakima Valley Umpires Association (YVUA). BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-65