HomeMy WebLinkAboutR-1998-057 Yakima Valley Umpires Association. RESOLUTION NO. R-98- 57
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A RESOLUTION authorizing and directing the City Manager and the City Clerk to
execute a professional services agreement with the Yakima Valley
Umpires Association for the purpose of obtaining officiating services
for the organized softball 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 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 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 and City Clerk are hereby authorized and directed to execute
the attached and incorporated "1998 Agreement between the City of Yakima and
Yakima Valley Umpires Association" for the period from February 1, 1998 to
January 31, 1999.
ADOPTED BY THE CITY COUNCIL this 21st day of April, 1998.
Cc
ATTEST: John Puccinelli, Mayor
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City Clerk
1998 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
YAKIMA VALLEY UMPIRES ASSOCIATION
THIS AGREEMENT (hereinafter "Agreement") is made and entered into
by and between the City of Yakima (hereinafter the "City"), and the Yakima
Valley Umpires Association (hereinafter "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 hereto and incorporated herein by this reference.
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 hereto and incorporated herein by
this reference.
3. Term. The term of this Agreement shall commence on the February 1,
1998, and terminate at 12:00 p.m., January 31, 1999; unless sooner terminated in
accordance with Section 16 of this Agreement.
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.
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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, 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, selection for training, , or in the administration or delivery of
services under this Agreement.
7. Compliance With Law. YVUA 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.
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 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
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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 and admitted in the State of
Washington.
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.
12. 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.
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. 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.
15. Non -Waiver. The waiver of either the City or the YVUA 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.
16. 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, YVUA shall be compensated for
services provided to the City through the date of termination.
17. 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:
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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, or hand delivered. Such notices shall be deemed effective when mailed
or hand delivered at the addresses specified above.
18. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
19. 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 UMPIRES
ASSOCIATION
(
By:
R. A. Zais, Jr., City Manager
By:
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Date:
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Date: 4- r r ! f � 3/ / �l `! Date: ?` / ,�C1
ATTEST:
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City Clerk - u�a,L L
City Contract No.
Resolution No. R-98-57
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STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that n`J4'i e3'j 1, r:r,; L �' is
the person who appeared before me, and said person acknowledged that he/she
signed this instrument, on oath stated that he/ she was authorized to execute the
instrument and acknowledged it as the (a,./ .of Yakima Valley Umpires
Association, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED:
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NOTARY P JBLIC in and fdr the Stat of
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Washington, residing at ' 7
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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.
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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
2. Tournament Play (elimination format)
Adult one (1) man mechanics
Adult two (2) man mechanics
B. Pay a Rescheduling Fee of:
1. League Play $1.25 per game
$17.00 per game
$17.00 per game
$27.00 per game
$18.50 per game
$29.00 per game
2. Tournament Play
$1.25 per game
C. Pay an Organizational Fee of
1. Assigning Fee 5% of game fee
D. The total amount of this Agreement shall not exceed $45,000.00.
2. The Yakima Valley Umpires Association shall:
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.
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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.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of April 21; 1998
ITEM TITLE: Agreement Between the City of Yakima and the Yakima Valley Umpires
Association for the 1998 Softball Season
SUBMITTED BY: Chris Waarvick, Acting Director of Public Works
Denise Nichols, Parks and Recreation Manage
CONTACT PERSON/TELEPHONE: Denise Nichols
575-6020
SUMMARY EXPLANATION:
Attached is the 1998 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:
'City Manager
STAFF RECOMMENDATION:
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
To approve the attached Agreement.