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HomeMy WebLinkAboutR-1997-037 Parks & Rec / Yakima Valley Umpire’s AssociationRESOLUTION NO. R-97- 37 A RESOLUTION authorizing the execution of an agreement with the Yakima Valley Umpires Association. 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 this 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, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "1997 Agreement Between the City of Yakima and Yakima Valley Umpires Association" for the period from January 31, 1997 to January 31, 1998. ADOPTED BY THE CITY COUNCIL this 4th day of March , 1997. �'1 AT TEST: City Clerk (Ws-es/umpire assa97/pm yor Pro -Tem John Puccinelli 1997 AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA VALLEY UMPIRES ASSOCIATION THIS AGREEMENT is made and entered into this nT1llt*"- day of MoL,e,t,\ , 1997, by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the "City," and the Yakima Valley Umpires Association, herein referred to as "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 and incorporated into this Agreement. 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 and incorporated into this Agreement. 3. Term. The term of this Agreement shall commence on the 31st day of January, 1997, and terminate on the 31st day of January, 1998. 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 not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, Page 1 of 4 (1k)agr/umpire assn97 pm 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. 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. 7. Compliance With Law. YVUA agrees to perform those 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. 8. No Insurance. It is understood the City does not maintain liability insurance for YVUA and/or its employees. 9. 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 attorneys' fees and disbursements) resulting from YVUA's performance and/or non- performance of this Agreement. 10. Insurance. On or before the effective date of this Agreement, YVUA shall provide the City's Recreation Supervisor, 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. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its officers, agents, and employees as additional insured. 11. 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. Page 2 of 4 (1k)agr/umpire assn97 pm 12. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days written notice of termination. 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. 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. 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. 16. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent 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. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Page 3 of 4 (1k)agr/umpire assn97 pm 18. 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 By: Dick ais, City Marla ATTEST: City Clerk City Contract No. 9 7 -,25- RESOLUTION 26 RESOLUTION NO. R-97-37 STATE OF WASHINGTON ) :ss. County of Yakima YAKIMA VALLEY UMPIRES ASSOCIATION By: Its: reet3Lt /`C' --z,„ . I certify that I know or have satisfactory evidence that t Gid &-c-,tL er is the rson who appeared before me, and said person acknowledged tha h /she signed this instrument, on oath stated thatshe was authorize to execute the instrument and acknowledged it as the '77 GA -5- -/'&C of Yakima Valley Umpires Association, to be the free and voluntary act of such parrfor the uses and purposes mentioned in the instrument. DATED: 3 _ `1 i Page 4 of 4 (1k)agr/umpire assn97 pm as SSIpN� NOTARY PUBLIC in and for e ' "TA 1 State of,Washington, residin p 88ICY at9C. it My commission expires: 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. 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 $16.50 per game $16.50 per game $27.00 per game 2. Tournament Play (elimination format) Adult one (1) man mechanics Adult two (2) man mechanics B. Pay a Rescheduling Fee of: 1. League Play 2. Tournament Play C. Pay an Organizational Fee of 1. Assigning Fee D. The total amount of this Agreement $45,000.00. 2. The Yakima Valley Umpires Association shall: $18.50 per game $29.00 per game $1.25 per game $1.25 per game 5% of game fee shall not exceed A. Provide an itemized monthly invoice/billing to the City's Athletic Coordinator 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 $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 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 softball 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. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 For Meeting of March 4, 1997 ITEM TITLE: Agreement Between the City of Yakima and the Yakima Valley Umpires Association for the 1997 Softball Season SUBMITTED BY: Jerry Copeland, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols 575-6020 SUMMARY EXPLANATION: Attached is the 1997 Agreement with the Yakima Valley Umpires Association and the City of Yakima Parks and Recreation Division. This Agreement is updated yearly and is necessary for the implementation of the City's comprehensive softball program. Resolution X Ordinance _ Contract Other (Specify) Agreement Funding Source Parks and Recreation Budget APPROVED FOR SUBMITTAL: -- =-5 City Manager STAFF RECOMMENDATION: To Approve the Attached Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-97-37