HomeMy WebLinkAboutR-2004-078 2004 Yakima Valley Umpires Association AgreementRESOLUTION NO. R-2004- 78
A RESOLUTION authorizing and directing the City Manager to execute an agreement
with the Yakima Valley Umpires Association to obtain softball
officiating services for the City of Yakima's organized softball
program.
WHEREAS, the Department of Public Works' Parks and Recreation Division
manages and facilitates an organized softball program in City parks; and
WHEREAS, such a program requires the services of umpires to officiate
scheduled games and tournaments; 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 the
attached 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 is hereby authorized and directed to execute the attached and
incorporated "2004 Agreement between the City of Yakima and the Yakima Valley
Umpires Association" for the purpose of obtaining officiating services for the City of
Yakima's organized softball program.
ADOPTED BY THE CITY COUNCIL this 18th day of May, 2004.
ATTEST: Paul P. George, Mayor
KmsEts4_,e,
City Clerk
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2004 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") a Washington municipal corporation,
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 games 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 such 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. YVUA shall provide softball officiating services for the City's Softball
Program. YVUE shall officiate approximately two thousand and two hundred (2,200)
games. Special areas of responsibilities for both the City and YVUA are contained in
Attachment "A", 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 contained in
Attachment "B", attached hereto and incorporated herein by this reference.
3. Term. This Agreement shall commence on April 1, 2004, and shall terminate at
midnight on February 28, 2005, unless sooner terminated in accordance with Section 17 or
Section 18 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.
Allied Arts, as an independent contractor, assumes the entire responsibility for carrying
out and accomplishing the services required under this Agreement free from supervision
by the City over the methods and details of performance except as described herein.
Additionally, and as an independent contractor, Allied Arts 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
YVUA or any officer, employee or agent of YVUA and the City.
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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 in violation of any applicable federal, state and/ or local law and/ or regulation.
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. The Americans With Disabilities Act. YVUA 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 Chapter 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.
8. 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.
9. No Insurance. It is understood the City does not maintain liability insurance for
YVUA and/or its employees.
10. 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 reasonable
attorneys' fees and disbursements) arising out of, relating to, or in any way connected
with the activities of YVUA related to this Agreement. The indemnification provisions in
this paragraph shall survive the expiration or termination of this Agreement.
11. 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
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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 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 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.
12. 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.
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 its 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 this Agreement or
otherwise.
14. 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.
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. 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.
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17. 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.
18. 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
YVUA, or three (3) calendar days after mailing (by first class mail) of a written notice of
termination to YVUA, whichever is sooner.
19. 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.
20. 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:
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.
20. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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21. 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
Bv:
A. ai , Jr.! City Manager
Date: 5- « -° `{
ATTEST:
City Clerk
City Contract No. 0/404/-70 7
Resolution No. X -v?DO 3'-7f
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YAKIMA VALLEY UMPIRES
ASSOCIATION
By:
Print Name: / G
Title:
Date:
X72; a
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 the 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 a
statement/ billing invoice.
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. Weekend Play
$18.50 per game
$18.50 per game
$37.00 per game
Adult one (1) man mechanics $20.50 per game
Adult two (2) man mechanics $41.00 per game
B. Pay a Rescheduling Fee of:
1. League Play $1.25 per game
2. Tournament 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 $45,000.00.
2. The Yakima Valley Umpires 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.
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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. * I 0
For Meeting of May 18, 2004
ITEM TITLE: Resolution authorizing execution of an agreement with the Yakima Valley
Umpires Association (YVUA) for officiating services during the 2004
Softball Season
SUBMITTED BY: Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSOWTELEPHONE: Denise Nichols, 575-6020
SUMMARY EXPLANATION:
Attached is the 2004 Agreement with the Yakima Valley Umpires Association (YVUA) to
provide softball officiating services. This agreement is updated yearly and provides certified
American Softball Association (ASA) softball officials to facilitate league and tournament
softball games as needed to meet the Parks and Recreation Softball Program schedule.
The City budgets approximately $45,000 a year for umpire services. Participation fees offset
this cost.
Resolution X Ordinance Contract Other (Specify) Agreement
Contract Yes Mail to (name and address): Assigning Secmtary, Yakima Valley Umpires
Association, 14771 Yakima Valley Highway, Zillah, WA 98953 Please provide a signed copy to Parks & Recreation
Funding Source Parks and Re tion Budget
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff respectfully requests Council to adopt a Resolution
authorizing execution of the 2004 Agreement between the City of Yakima and Yakima Valley
Umpires Association for softball officiating services for the City's organized softball program.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
RESOLUTION NO. R-2004-78