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HomeMy WebLinkAboutEnrique Alejo dba Mexico Lindo Soccer League - Recreational Soccer League Services AgreementAGREEMENT BETWEEN THE CITY OF YAKIMA AND ENRIQUE ALEJO, d/b/a MEXICO LINDO SOCCER LEAGUE THIS AGREEMENT (hereinafter "Agreement") is made and entered into between the City of Yakima (hereinafter "City"), a Washington municipal Corporation, and Enrique Alejo (hereinafter "Alejo"), d/b/a Mexico Lindo Soccer League, a sole proprietorship. I. Recitals A. City is a municipal corporation of the State of Washington, with City Hall located at 129 North 2nd Street, Yakima, Washington, 98901. B. Alejo does business as Mexico Lindo Soccer League, a sole proprietorship, with an address of 616 Mt. Adams Street, Moxee, Washington, 98936. C. Alejo has for many years run an adult soccer league known generally as the Mexico Lindo Soccer League in Yakima, and is able and willing to provide services associated with an adult recreational soccer league to residents in the City in conjunction with the City's Parks and Recreation Division. D. City and Alejo desire to enter into an Agreement for the provision of such services by Alejo. II. Agreement WHEREFORE, in consideration of the mutual covenants, conditions and benefits herein described, and fully incorporating the Recitals herein, the parties hereby agree as follows: 1. Services. City and Alejo shall provide the following services to cooperatively facilitate the adult recreational soccer league: A. City Services. City, through its Parks and Recreation Division will provide the following services: City will provide free access for Alejo to the Chesterley Park soccer fields and other available soccer fields owned and/or operated in full or in part by the City, in accordance with an agreed-upon schedule. ii. City will provide for field maintenance, striping of soccer fields and field maintenance during the soccer league season, ensuring that these activities are done prior to league games based on the agreed-upon schedule. City will assist with league scheduling. City will also assist with tournament scheduling, if a tournament is proposed. iv. City will facilitate player registrations and advertise and co -promote the league in its publications, such as the seasonal program books, online catalogues, website advertisement and/or email blasts, where available and if requested by Alejo. v. City will provide player cards for those registered players. vi. City will provide a championship trophy, or, if appropriate, trophies, for the league. vii. City will allow usage of the City of Yakima logo and marks and be listed as an official partner on all publications regarding the league. B. Aleio Services. Alejo will provide the following services: Alejo will work with City regarding league and tournament scheduling. ii. Alejo will provide onsite supervision during all league and tournament games. Alejo will provide, and pay, all referees for league and tournament games. iv. Alejo will provide Championship jerseys for leagues and tournaments. 2. Insurance. Alejo shall provide insurance as follows: A. Liability Insurance. On or before the effective date of this Agreement, Alejo shall provide the City an Acord certificate as proof of liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence combined bodily injury and property damage that states who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. Coverage shall include: (i) coverage for all liability of the City and its officers, agents and employees arising out of the use and/ or occupation of the fields and operation of the league and/or tournaments; (ii) a Washington Stop Gap endorsement; (iii) and liability coverage for players of the league and/or tournaments. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected and appointed 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) days' prior written notice. The insurance shall be on an occurrence form with an insurance company rated A -IX in Best's Guide or companies approved by the City. A copy of all such policies shall be provided to the City upon request. B. Automobile Liability Insurance. Alejo will also furnish the City with an Acord certificate as evidence of automobile liability coverage in the amount of $1,000,000.00 per occurrence combined bodily injury and property damage limits. The policy will cover all owned, non -owned and hired vehicles. C. City Does Not Provide Insurance for Aleio or Mexico Lindo Soccer League. It is understood that the City does not maintain any form of insurance for Alejo or the Mexico Lindo Soccer League, its employees, volunteers and/ or agents. D. Worker's Compensation. Alejo agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington if applicable. Evidence of Alejo's workers' compensation coverage will be furnished to the City. Alejo holds the City harmless for any injury or death to Alejo's employees while performing this Agreement. 3. Consideration. For and in consideration for the promises, conditions and benefits stated herein, the parties will revenue share as follows: 65% of gross revenue shall be paid to Alejo; and 35% of gross revenue shall be paid to City. In the event 35% of the gross revenue does not cover the costs associated with the City's obligations hereunder, Alejo shall pay an additional sum to the City to cover the City's costs over and above the amount received from the 35% gross revenue sharing agreement. The City shall invoice Alejo and Alejo shall pay the invoiced amount within 30 days of the date of the invoice. 4. Term. This Agreement shall commence on May 17, 2017, and shall terminate on midnight of May 31, 2018, unless sooner terminated in accordance with Section 14 of this Agreement. This Agreement may be renewed in one year terms if agreed to by the City and Alejo, in writing, prior to the end of each term. 5. Status of Alejo. Alejo and the City understand and expressly agree that Alejo is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of Alejo or Mexico Lindo Soccer League shall act on behalf of or represent him or herself as an agent or representative of the City. Alejo, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, OIC 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 benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between OIC or any officer, employee or agent of OIC and the City. 6. Inspection, Audit and Records. Alejo shall maintain books, accounts, records, documents and other records, including all electronic records, to the consideration paid, and obligations of Alejo, under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or of the Washington State Auditor at all reasonable times. Alejo shall provide the proper facilities for such inspection and audit. Such books of account, documents and records may be copied by a representative of the City and/or of the Washington State Auditor where necessary to conduct or document an audit. Alejo shall preserve and make available all such books of account and records for a period of six (6) years after final payment under this Agreement. Alejo understands and agrees that records maintained pertaining to programs conducted by Alejo pursuant to this Agreement will be considered public records subject to disclosure under the State of Washington Public Records Act, RCW 42.56. Alejo shall cooperate with the City to assure timely production and disclosure of any records in Alejo's possession subject to disclosure under the Public Records Act. 7. Taxes and Assessments. Alejo shall be solely responsible for compensating its employees and referees 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 that 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, Alejo shall pay the same before it becomes due. 8. Nondiscrimination. During the performance of this Agreement, the Hispanic Chamber shall not discriminate on the basis of age, sex, race, creed, and religion, and color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. 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, and the provision of services under this Agreement. Alejo agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. Alejo shall comply with the Americans with Disabilities Act of 1990, 42 U.S.0 §§ 12101 et seq.("ADA") and its implementing regulations and Washington state's anti -discrimination law as set forth in Chapter 49.60 RCW ("WLAD") and its implementing regulations, with regard to the provision of services under this Agreement. The ADA and the WLAD provide comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. 9. Compliance with Law. Alejo 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. 10. Indemnification and Hold Harmless. Alejo agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, volunteers and employees from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, finds, costs and expenses (including legal fees, costs and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage, or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default, or omission (whether intentional, reckless, willful, negligent, inadvertent or otherwise) resulting from, arising out of, or related to Alejo's provision of services, work, materials, activities or obligations pursuant to this Agreement. Alejo further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder. Such waiver has been mutually negotiated by Alejo and the City. Nothing contained in this Section or this Agreement shall be construed to vest a right of defense and/or indemnification in any third party. The provisions of this Section or this Agreement shall survive the termination or expiration of this Agreement. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Alejo 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 Alejo stated herein. 12. Non -Waiver. A waiver by either party hereto of a breach of the other party of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist on strict performance of any agreement or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 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. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) days prior written notice of termination. In the event of such termination, City shall be compensated 35% of Alejo's gross revenue, as described in Section 3, through the effective date of termination. 15. Survival. Any provision of this Agreement that 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. 16. Notices. All notices and demands shall be in writing and sent or hand delivered to the parties at their addresses below: TO CITY: TO ALEJO: Ken Wilkinson Parks & Recreation Manager City of Yakima Parks and Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 (509) 575-6020 Enrique Alejo d/b/a Mexico Lindo Soccer League 616 Mt. Adams Street Moxee, WA 98936 17. Third Parties. Nothing in this Agreement gives, or is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly, to third persons. 18. 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 former agreements, including oral representations, which are hereby declared terminated and of no further force or effect. There are no terms, conditions or agreements except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by both parties. 19. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County. 20. Dispute Resolution. The parties shall strive to resolve any dispute that may arise through mutual cooperation and negotiation in good faith. If the dispute is not resolved through negotiation, the parties may consider mediation or another form of dispute resolution, but only where mutually agreed to in writing. CITY OF YAKIMA By: Cliff /M'c ore, City Manager Date: 11 ?I 17 ATTEST: ENRIQUE ALEJO d/b/a Mexico Lindo Soccer League Date: r— ) 2- — ) 7 Sonya CIa r-JTee, City Clerk CITY CONTRACT NO: 2 o i 7-t)7 RESOLUTION NO: rt/G