HomeMy WebLinkAboutR-2012-008 Basketball Officiating Services Agreement with Yakima Valley Basketball Officials Association for 2012 RESOLUTION NO. R- 2012 -08
A RESOLUTION authorizing and directing the City Manager to execute the 2012 Agreement
between the City of Yakima and 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 "2012 Agreement between the City of Yakima and the Yakima Valley Basketball
Officials Association" for the period from February 1, 2012 through January 31, 2013.
ADOPTED BY THE CITY COUNCIL this 10 day of January, 2012.
AVAA
ATTEST: Mayor
4I --1_,6-Lat f .4 __ yP K 1 .......... q 1:110
City Clerk 1 C�ENL a'
l,t111
aoi-
2012 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 two hundred (200). 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. E- Verify Compliance Declaration. YVBOA shall enroll in the E- Verify program or its
successor, and thereafter, to verify its employees' proof of citizenship and authorization to work
in the United States. YVBOA must remain enrolled in the program for the duration of the
contract and be responsible for verification of every applicable subcontractor. YVBOA shall
sign and return the E- Verify Declaration, Exhibit "A" which is attached and incorporated into this
Agreement.
3. 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.
4. Term. The term of this Agreement shall commence on February 1, 2012, and terminate
at midnight, January 31, 2013, unless sooner terminated in accordance with Section 17 or
Section 18 of this Agreement.
5. 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.
6. 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 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.
7. 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
1
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.
8. 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.
9. 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.
10. No Insurance. It is understood the City does not maintain liability insurance for YVBOA
and /or its employees.
11. 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.
12. 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,
employees, and volunteers 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. The insurance company shall be either
admitted in the State of Washington or a licensed surplus lines insurance company in the State
of Washington. If the City is damaged by the failure of YVBOA to maintain the above insurance
or to so notify the City, then YVBOA shall bear all costs attributable thereto. If requested,
YVBOA shall provide the City with a complete copy of the policy.
13. 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.
14. 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.
2 ,
15. 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.
17. 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.
18. 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, YVBOA shall be compensated for services provided to the City through the date of
termination.
19. 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.
20. 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.
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: Ken Wilkinson, Parks & Recreation Manager
City of Yakima Public Works
Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
TO YVBOA: Dick Eglet
Assigning Secretary
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.
3
22. Governing Law. This Agreement shall be govemed 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.
CITY OF YAKIMA YAKIMA VALLEY BASKETBALL
OFFICIALS ASSOCIATION
By: (" By: C9
Michael A. Morales, Interim City Manager Print Name: - 1);(„( �r !e r
Its: e << � e4,P4 -'" e''
Date: I 1/3/1 Date: 1/5)/ �---
ATTEST:
i %� y pyClMq `�� t
• City Clerk •
1
City Contract No. 4 10( c )- i `h \ qsH► . G „ .,
Resolution No. dl -?F) ia• 08
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I hereby certify that I know or have satisfactory evidence that
is the person who appeared before me, and said
person acknowledged that he or she signed this instrument, and on oath stated that he /she was
a thorized to exe the instrument and acknowledged it as the
/ Veasur v the Yakima Valley Basketball Officials Association, to
be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED this 5 — day of JOILILLAavj , 2012.
„„itiSlr,,, Print Name: I" e1 ti st
..... 4 NOTARY ' BLIC in and f r the State of•
Washington, residing at -S 1
My Comm. Expired; = My appointment expires: S' (a I
• May 06, 2012 •
UBLI
''" C) A UV AS N \\,\
4
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. Complete and sign the "E- Verify Compliance Declaration Exhibit "A,"
which is attached and incorporated into this Agreement.
C. Schedule their certified officials to meet the City's basketball program
schedule.
D. Pay all certified officials for games worked in order to meet the City's
basketball program schedule.
5
ATTACHMENT "B"
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 $43.00 per game
Adult two (2) man mechanics $29.50 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 $43.00 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.
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.
6
Exhibit "A"
E- VERIFY
The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as
amended. The City requires that all contractors or business entities that contract with the City
for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000),
or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in
the E- Verify program or its successor, and thereafter to verify its employees' proof of citizenship
and authorization to work in the United States.
E- Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT
to be used for existing employees.
The Contractor must remain enrolled in the program for the duration of the contract and be
responsible for verification of every applicable subcontractor. The contractor shall sign and
return with their bid response the E- Verify Declaration below. Failure to do so may be cause for
rejection of bid.
E VERIFY COMPLIANCE DECLARATION
The undersigned declares, under penalty of perjury under the laws of Washington State that:
1. By submitting this Declaration, I certify that I do not and will not, during the performance
of this contract, employ illegal alien workers, or otherwise violate the provisions of the
Federal Immigration Reform and Control Act of 1986.
2. I agree to enroll in E- Verify prior to the start date of any contract issued by the City of
Yakima to ensure that my workforce is legal to work in the United States of America. 1
agree to use E -Verify for all newly hired employees during the length of the contract.
3. I certify that I am duly authorized to sign this declaration on behalf of my company.
4. I acknowledge that the City of Yakima reserves the right to require evidence of
enrollment of the E- Verify program at any time and that non - compliance could lead to
suspension of this contract.
Firm Name: Yakima Valley Basketball Officials Association (YVBOA)
1 \
Dated this 7 day of NJ din. K ari , 20 ).:2-
Signature: q
Printed Name: a G k- /e
Phone #: q 9 1 ' ` Email Address: 6 04 k e3/4. (• co M
1 t L
n,
ti>
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. `
For Meeting of: January 10, 2012
ITEM TITLE: Resolution authorizing an agreement with the Yakima Valley Basketball
Officials Association (YVBOA) for Officiating Services during the 2012
Basketball Season
SUBMITTED BY: Chris Waarvick, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager
CONTACT Ken Wilkinson, Parks and Recreation Manager, 575 -6020
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
Attached is the 2012 Agreement with the Yakima Valley Basketball Officials Association (YVBOA) to provide
basketball officiating services. This Agreement is for 2012 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. Participation fees offset this
cost.
Resolution X Ordinance Other (specify)
Contract: X Mail to: Assigning Secretary, Yakima Valley Basketball Officials
Association, 14771 Yakima Valley Highway, Zillah, WA 98953
Contract Term: February 1, 2012 Amount: $20,000 Expiration Date: January 31, 2013
- January 31, 2013 ,
Insurance Required? Yes
Funding Parks and Recreation Budget - $20,000 Phone:
Source:
APPROVED FOR ,, ` F. City Manager
SUBMITTAL:
;t
STAFF RECOMMENDATION:
Staff respectfully requests City Council to adopt the Resolution authorizing and directing the City Manager to
execute the 2012 Agreement between the City of Yakima and the Yakima Valley Basketball Officials Association
for the purpose of obtaining officiating services for the organized basketball program of the City of Yakima.
BOARD /COMMISSION RECOMMENDATION:
4 ' 10'I, i / it R-o
ATTACHMENTS:
Click to download
0 Resolution
0 Agreement