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HomeMy WebLinkAboutR-2005-198 Yakima Valley Basketball Officials Association AgreementRESOLUTION NO. R-2005- 198 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with the Yakima Valley Basketball Officials Association for the purpose of obtaining officiating services for the organized basketball 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 basketball in City facilities; and WHEREAS, such a program requires the services of officials to officiate scheduled games; and WHEREAS, Yakima Valley Basketball Officials Association, (hereinafter "YVBOA") has the experience and expertise necessary to provide certified basketball 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 YVBOA for officiating 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 "2006 Agreement between the City of Yakima and the Yakima Valley Basketball Officials Association" for the period from January 1, 2006 to December 31, 2006. ADOPTED BY THE CITY COUNCIL this 13th day of December, 2005 ATTEST: City Clerk Paul P. George, May 2006 AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA VALLEY BASKETBALL OFFICIALS THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima (hereinafter the "City"), a Washington municipal corporation, and the Yakima Valley Basketball Officials Association, a non-profit corporation (hereinafter "YVBOA"). WHEREAS, the City finds it necessary to contract with YVBOA to provide certified basketball officials to facilitate league and tournament officials for its scheduled Parks and Recreation Basketball Program. WHEREAS, YVBOA has the experience and expertise necessary to provide said certified basketball 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 YVBOA as follows: 1. Services. The duties of basketball officiating are to be performed by YVBOA in conjunction with the City's Basketball Program. The total number of games to be officiated are approximately three hundred (300). Special areas of responsibilities for both the City and YVBOA 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 YVBOA 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 January 1, 2006, and terminate at midnight, December 31, 2006, unless sooner terminated in accordance with Section 17 or Section 18 of this Agreement. 4. Status of YVBOA. YVBOA and the City understand and expressly agree that YVBOA is an independent contractor in the performance of each and every part of this Agreement. YVBOA, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. YVBOA, its officials, officers, employees, agents, and subcontractors 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. YVBOA 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 Page 1 (pm)agr-basketball officials assn. 2006-sm 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, YVBOA shall pay the same before it becomes due. 6. Nondiscrimination. During the performance of this Agreement, YVBOA shall not discriminate in violation of any applicable federal, state and/ or local law and/or regulation 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 local, state, or federal laws or regulations. 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. YVBOA 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 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. YVBOA 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 YVBOA and/or its employees. 10. Indemnification and Hold Harmless. YVBOA agrees to protect, defend, indemnify, and hold harmless the City, its agents, officers, employees and elected officials 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 YVBOA's performance and/or non-performance of the services, duties and obligations required of it under this Agreement. 11. Insurance. On or before the effective date of this Agreement, YVBOA shall provide the City with a certificate of insurance as proof of liability insurance in the amount of One 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 Page 2 (pm)agr-basketball officials assn. 2006-sm 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 YVBOA 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 YVBOA stated herein. 13. Damages. If for any reason prior to termination of this Agreement as provided herein, YVBOA fails to provide the services specified in this Agreement and the City is forced to secure other such services from another person or entity, YVBOA shall be held liable for any and all additional expenses to fulfill their obligation to the City and the basketball program under this Agreement. This provision shall not serve as a limitation upon other damages that may be available to the City. 14. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 16. 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. 16. Non -Waiver. The waiver of either the City or the YVBOA 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 Page 3 (pm)agr-basketball officials assn. 2006-sm event of such termination, YVBOA shall be compensated for services provided to the City through the date of termination. 18. Termination/Reduction of Services Due to Withdrawal, Reduction or Limitation of Funding. In the event that funding from any source is withdrawn, reduced and/or limited in any way after the effective date of and prior to completion of this Agreement, the City may unilaterally reduce the scope of services, work and compensation of this Agreement, or summarily terminate this Agreement notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon hand delivery or delivery by facsimile of a written notice of termination to YVBOA, or three (3) calendar days after mailing (by first class mail) of a written notice of termination to YVBOA, whichever is sooner. 19. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 20. Notices. Unless stated otherwise herein, all notices and demands shall be m writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: TO YVBOA: Parks & Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Assigning Secretary i__) 1 Yakima Valley Basketball Officials 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. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA YAKIMA VALLEY BASKETBALL OFFICIALS ASSOCIATION By: • Page 4 (pm)agr-basketball officials assn. 2006-sm By: R. A. Zais, Jr., City Manager Its: Date: 11111 ' ATTEST: le-ek-A52-1.2 - t 3 --0,16"-- ) 1 _}e. //iit1"'" Date: City Clerk City Contract No. goa5--/,2a Resolution No. Page 5 (pm)agr-basketball officials assn. 2006-sm ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Provide league schedules in writing to the YVBOA'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 YVBOA's Assigning Secretary no later than eight (8) days prior to scheduled tournament. D. Provide a final tournament schedule in writing to the YVBOA's Assigning Secretary no later than five (5) days prior to the scheduled tournament. E. Pay the YVBOA for services provided within thirty (30) days after receiving the statement/billing. 2. The Yakima Valley Basketball Officials Association shall: A. Provide certified and properly trained basketball officials for all league and tournament games as needed to meet the City's basketball program schedule. B. Schedule their certified officials to meet the City's basketball program schedule. C. Pay all certified officials for games worked in order to meet the City's basketball program schedule. ATTACHMENT "B" Page 6 (pm)agr-basketball officials assn. 2006-sm PAYMENT SCHEDULE 1. The City of Yakima Parks and Recreation Division shall: A. Compensate the YVBOA at the rate of 1. League Play Adult one (1) man mechanics Adult two (2) man mechanics S40.50 per game $27.50 per game B. Pay a Rescheduling Fee of: 1. League Play $1.25 per game C. Pay an Organizational Fee of 1. Assigning Fee 7% of game fee D. The total amount of this Agreement shall not exceed $20,000.00. 2. The Yakima Valley Basketball Officials 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 accrued fees in the nature of a penalty or reimbursement for failure to perform. B. Pay a No -Show Fee of: 1. League Play $40.50 per game C. Shall be provided a written tournament schedule from 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. Page 7 (pm)agr-basketball officials assn. 2006-sm 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 Supervisor no 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 basketball program schedule and causes the game to be rescheduled. 1. Failure of an official to be on 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 (pm)agr-basketball officials assn. 2006-sm ITEM BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 413 For Meeting of December 13, 2005 A Resolution authorizing a Professional Services Agreement with the Yakima Valley Basketball Officials Association (YVBOA) for Officiating Services during the 2006 Basketball Season SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTAC I PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANA HON: Attached is the 2006 Agreement with the Yakima Valley Basketball Officials Association (YVBOA) to provide basketball officiating services. This Agreement is for the 2006 and provides certified and properly trained officials to facilitate league and tournament basketball games as needed to meet the Parks and Recreation Basketball Program schedule. The City budgets approximately $20,000 a year for basketball officiating services. Pal ticipation fees offset this cost. Resolution X Ordinance Contract — Other (Specify) Agreement Contract Yes Mail to (name and address): Assigning Secretary, Yakima Valley Basketball Officials Association, 14771 Yakima Valley Highway, Zillah, WA 98953 Please provide a signed copy to Parks & Recreation Funding Source Parks and Recreation Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests Council to adopt the Resolution authorizing a Professional Services Agreement with the Yakima Valley Basketball Officials Association (YVBOA) for Officiating Services during the 2006 Basketball Season. BOARD/COMMISSION RECOMMENDAllON: COUNCIL ACTION: Resolution adopted RESOLUTION NO. R-2005-198