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,
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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.
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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.
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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
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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