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HomeMy WebLinkAboutR-1991-D5898 SlowpitchRESOLUTION NO. D r 5 8 9 8 A RESOLLUTION; Authorizing execution of an Agreement with Ronald King for 1991 Slowpitch Round Robin Tournaments. WHEREAS, the Parks and Recreation Division of the Department of Public Works of the City of Yakima wishes to foster and facilitate Slowpitch Softball Round Robin Tournaments within its parks for public recreation and enjoyment as well as economic development; and WHEREAS, Ronald King possesses expertise in conducting slowpitch softball tournaments; and WHEREAS, Ronald King has offered to provide this expertise to the City of Yakima in return for the services spelled out in this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Ronald King for these services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated '1991 Agreement Between the City of Yakima and Ronald King,' for the period from January 1st, 1991 to December 31st, 1991. ADOPTED BY THE CITY COUNCIL THIS (Lo DAY OF ATTEST: City Clerk Mayor 1991. ***************************************************************** * FOR OFFICIAL USE ONLY: CONTRACT NO: * * * * Provider: Address: * * * * Phone: Expenditure Code: * ***************************************************************** 1991 AGREEMENT BETWEEN THE CITY OF YAKIMA AND RONALD KING, FOR SLOWPITCH ROUND ROBIN SOFTBALL TOURNAMENTS. This Agreement is made and entered into the /7 day of 1991, by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the `City' and Ronald King, an individual herein referred to as the 'Tournament Manager'. WHEREAS, the City finds it necessary to contract with Ronald King to provide softball tournament management to facilitate the 1991 Slowpitch Round Robin Tournaments. WITNESSETH: That for and in consideration of mutual covenants, promises and agreements, herein contained the parties mutually agree as follows: I. COORDINATION A. The City shall be responsible for the following: 1. Confirming all Slowpitch Round Robin Tournament dates with the Tournament Manager, on or before January 1, 1991. 2 Registering all Slowpitch Round Robin Tournaments with the American Softball Association (A.S.A) or the United States Slowpitch Association (U.S.S.S.A). All tournaments shall be sanctioned with one of the above Associations. 3. Reserving appropriate City ballfield on which to hold the Slowpitch Round Robin Tournament program. Larson Park usage shall be coordinated with the Fastpitch field use schedule. 4. The development and printing of a 1991 Slowpitch Round Robin Tournament brochure by February 28, 1991. 5 Developing and printing of Slowpitch Round Robin Tournament team rosters. 8. Distributing and advertising the Slowpitch Round Robin Tournament program listings. This includes mailing brochures and roster forms. 7. Handling all inquiries regarding the Slowpitch Round Robin Tournament program, and other pertinent information (motels, maps, etc.) as provided by the Tournament Manager to prospective teams. 8. Receiving team registrations and rosters, verifying that information is complete, filling out tournament registration forms, receipting registration and sending confirmation and receipts to participating teams; collecting other team information as necessary. 9. Payment of A.S.A and/or U.S.S.S.A tournament sanction fees. 10. Processing non sufficient fund (NSF) checks as necessary. 11. Confirming the number of registered tournament teams and facilities required. 12. Confirming the playing level of each registered team. 13. Bracketing (scheduling) each tournament, and providing schedules and other pertinent information to each participating team. 14. Providing a listing of the team participant T-shirt orders to the Tournament Manager three (3) calendar days prior to the tournament. 15. Preparing a Slowpitch Round Robin Tournament Director's Notebook and bracket board for each tournament site. 16. Providing other materials necessary to run each Slowpitch Round Robin Tournament, such as: specific team information needs, team roster, extra schedules, umpire listing, ballfield maintenance schedule, emergency and maintenance personnel listing. 17. Providing Slowpitch Round Robin Tournament Master Schedules to the Umpire's Association, ballfield maintenance, and concessionaire. B. The Tournament Manager shall be responsible for the following: 1. Determining Slowpitch Round Robin Tournament offerings, including fees and tentative dates, and providing this information to the City's Athletic Coordinator on or before January 1, 1991. 2. Coordinating Slowpitch Round Robin Tournament dates with the Yakima Visitors and Convention Bureau. 3. Recruiting, training, and providing compensation for the services of the Round Robin Tournament Directors. 4. Arranging with the Yakima Valley Umpires Association to provide certified officials for all games. Handling all financial responsibilities for procurement and payment of said officials. Delivering official schedules to the Parks and Recreation Office no later than one (1) day prior to the tournament by 1:00 PM. 5. Provide a minimum of one (1) new and one (1) used A.S.A and/or U.S.S.S.A approved softball for all games. 6. Arranging for the distribution of Slowpitch Round Robin participant T-shirts to the registered teams. Ten (10) T-shirts per team are included in the registration fee. 7. The selling of non -participant T-shirts on site and the keeping of accurate records of the sales. 8. Providing on-site management throughout the 1991 Slowpitch Round Robin Tournament season. 9. On or before the effective date of this Agreement the Tournament Manager shall provide to the City's Athletic Coordinator proof of liability of insurance in the amount of one million dollars that clearly states who the providers 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. II. MAINTENANCE A. The City shall be responsible for preparing and maintaining ballfield in safe and proper playing conditions for Slowpitch Round Robin Tournaments as situations allow. This includes: 1. A ballfield maintenance standard of one (1) field preparation per field per game throughout the scheduled tournament. A minimum field preparation shall consist of: a. All loose rocks removed from the playing field. b. All trash, especially glass in and around the playing field, picked up and disposed of properly. c. The infield dirt around 2nd and 3rd bases inspected and loosened if needed. d. Home plate inspected and leveled if needed. e. The batters box inspected, leveled and dirt loosened if needed. f. All bases inspected and leveled if needed. g. All base anchors inspected and reset if needed. h. The pitching rubber inspected and leveled if needed. i. All holes or depressions within the playing field filled and leveled. j. The infield watered down before dragging. k. The dragging of the infield. 1. The lining of the field: batters box, on deck circle, foul lines and the lst and 3rd coaches boxes. m. The proper cleaning and storage of equipment. 2. Under the supervision of the Athletic Coordinator, providing thirty (30) minutes of the Ballfield Coordinator's time per site to supervise ballfield maintenance staff, and coordinate with the Tournament Manager or on-site Tournament Director other maintenance needs. 3. Under the supervision of the Ballfield Maintenance Coordinator, providing sixteen (16) hours of Ballfield Maintenance Worker's time per site. They shall be responsible to: a. Perform the minimum field preparations as scheduled. b. Monitor, clean, and stock restrooms as necessary. This will be in addition to the service provided by the regular Park Maintenance Rover. c. Pick up litter and dump the full barrels into dumpsters when necessary. This will be in addition to the service provided by the regular Park Maintenance Rover. d Provide additional watering, raking, chalking, and other measures to ensure a safe playing area, as conditions and the tournament schedule permit. B. The Tournament Manager shall be responsible for coordinating ballfield maintenance activities for the Slowpitch Round Robin Tournaments. This includes: 1. Coordinating with the Athletic Coordinator a ballfield maintenance schedule for each Slowpitch Round Robin Tournament no later than one (1) week prior to each Tournament. 2. Coordinating with the Ballfield Maintenance Coordinator any on-site ballfield maintenance schedule changes based on weather, field safety conditions or game delays for each Slowpitch Round Robin Tournament within the total hours agreed upon. 3. It is further understood that additional work hours over and above the total scheduled (per person) for each Slowpitch Round Robin Tournament will not be altered unless to insure a safe playing condition or an emergency dictates. Additional field maintenance will be billed as provided in Section IV. E. 4. As necessary, arranging with the City of Union the Girl's Softball Association for the use of maintenance of Cahalan Park, and with the City for the use and maintenance of Carlon Park. III. BILLING, PAYMENTS, AND COLLECTIONS A. The City shall be responsible for the following: Gap and and of Selah 1. Paying the Tournament Manager all collected tournament fees for each tournament no later than the Friday before the tournament weekend with the appropriate estimated City fees and A.S.A and/or U.S.S.S.A sanction fees withheld. 2. Providing an itemized statement to the Tournament Manager which spells out specifically: a. Total tournament fees collected in advance owed to the Tournament Manager. b. Total per team subsidy allowed per Ag c. Amount owed by the Tournament Manager and/or U.S.S.S.A sanction fees. d. All City fees owed based upon shared schedule, see Section IV. City fees itemized by fee category. reement. for A.S.A cost fee are to be 3. Provide a post -season tournament report no later than thirty (30) days following the last tournament which itemizes all actual expenses incurred by the City, and fees paid by the Tournament Manager. A final reconciliation of accounts will be prepared with a final billing within fifteen (15) days. All charges owed will be payable within thirty (30) days, after billing. B. The Tournament Manager shall be responsible for the following: 1. Paying the City a $5 processing fee for any NSF checks processed, plus the collection fee if taken to collection. 2. Paying the City for all actual and pre -scheduled coordination, field preparation, lights, maintenance M&O, and additional field maintenance per Slowpitch Round Robin Tournament as per Agreement. 3. Providing the City a complete written post -tournament financial statement no later than five (5) days following each Slowpitch Round Robin Tournament. The City has the right of set-off as to any accrued fees in the nature of a penalty or reimbursement for failure to perform. 4. Providing the City with a donation of any remaining funds within the Tournament Manager's Slowpitch Round Robin Tournament account at the conclusion of the 1991 Slowpitch Round Robin Tournament season. This donation is to be applied toward the City subsidy or placed into the Parks and Recreation Division Capital Improvement Fund only. IV. 1991 FEE SCHEDULE A. Fee's to be paid by Ronald King to the City for the 1991 Slowpitch Round Robin Tournaments are divided into two (2) categories. 1. Shared Cost: Tournament costs in the area of coordination, field maintenance, lights, maintenance M&O, and post -season charges in which the City participates and bears a portion of the cost. 2. Non -Shared Cost: Tournament costs in which the City does not participate in and all costs borne by the Tournament Manager, Ronald King. Non -shared costs include but are not limited to , payments to tournament umpires, tournament directors, purchase of softballs, tournament awards, tournament T-shirts, and additional field maintenance services provided by the City described in 'E' below. B. The 1991 City fees to be charged to Ronald King are listed below. All figures listed represent the amount to be paid by Ronald King to the City to off -set City -incurred expenses relating to tournament coordination and field preparation, lights, maintenance M&O, and final post -season adjusted charges. 1. Tournament Coordination: Athletic Coordinator Ballfield Maintenance Coordinator 2. Field Preparation: Ballfield Maintenance Coordinator Ballfield Maintenance Worker $12.40/hour $ 9.10/hour $ 9.10/hour. $ 5.25/hour. 3. Lights: $10 per ballfield per hour per tournament. An additional charge of $10 per reset will be assessed for each Tournament Manager or Tournament Director's request for lights to be re -programmed. 4. Maintenance M&O: These charges are determined by a percentage of the tournament hours used against the total facility hours used divided into the actual M&O annual expenses. For the sake of tournament billing an estimated fee will be charged which will be adjusted on the final post -season tournament report/billing. 5. Additional Field Maintenance: Any required maintenance work above and beyond that provided for in Section II. B. will be billed as a non -shared cost at the following rates. a. Ballfield Maintenance Coordinator $9.10/hour. b. Ballfield Maintenance Worker $5.25/hour. 6. Post -Season Charges: Any adjusted maintenance M&O charges, operating supply costs, printing costs, postage, Department Assistant staff time, and administrative charges that were spent specifically on the 1991 Slowpitch Round Robin Tournament season. The City has the right of set-off as to any accrued fees in the nature of a penalty or reimbursement for failure to perform. All City charges are to be itemized. V. DEFINITIONS A. Slowpitch Round Robin Tournament: The Slowpitch Round Robin Tournament program sponsored by KDXX-KUTI/Rainier Beer and Pepsi Cola/KXDD-KUTI, and coordinated by Ronald King. B. City: The City of Yakima, Washington. C Ballfields: 1. City of Yakima softball fields; a. Kiwanis 3 fields b. Larson 4 fields (dependent upon Fastpitch schedule) c. Gardner 2 fields d. Elks 4 fields 2. Non -City softball fields; (referred to in Section II. C. under Tournament Manager responsibility) a. Cahalan 3 fields b. Carlon 4 fields D. Basic Level of Maintenance: The maintenance work necessary so that a ballfield facility is safe and available for its intended use as seasonal weather conditions permit. This includes mowing, irrigation, debris removal, general cleaning, structure upkeep, and other required work, so that the field is relatively level and consistent across its infield surface, holes are filled, fence lines are repaired, and field and foul lines are marked. E. Registered Team: A team that has paid all of its fees by the conclusion of a stated registration period. F. Season Length: Saturday May 25, 1991 through Sunday September 15, 1991. G. Site A City or Non -City softball field. H. City Co -Sponsorship: Sharing in tournament costs by the City. The City will be recognized as a sponsor on all tournament T-shirts, awards, publications, and advertising. VI. NON-DISCRIMINATION During the performance of this Agreement the Tournament Manager shall not discriminate on the basis of race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. VII. EMPLOYMENT STATUS It is expressly agreed upon by both parties that the Tournament Manager is pot an employee or agent of the City. the Tournament Manager is solely responsible for compensating his employees and complying with all applicable laws related to such employment, including but not limited to payment of Federal Withholding Tax, FICA, Social Security Tax, Assessment for Unemployment and Industrial Injury. VIII.LIABILITY INSURANCE It is understood that the City does not maintain liability insurance on the Tournament Manager and/or his employees. IX. HOLD HARMLESS The Tournament Manager shall defend, indemnify, and hold harmless the City, its agents, officers and employees from any and all liability resulting out of the performance of this Agreement. X. ASSIGNMENT This Agreement or any interest therein, can not be assigned in whole or in part by the Tournament Manager to any party unless mutually agreed upon by both the City and the Tournament Manager. XI. CITY'S RIGHT OF TERMINATION If the Tournament Manager fails to comply with the terms and conditions of this Agreement in such a manner that the Parks and Recreation Manager in his sole discretion deems that the continuation of this Agreement is no longer in the best interest of the City, the City may terminate this Agreement by written notice, giving the Tournament Manager five (5) days notice of termination. In the event of termination the Tournament Manager must provide the City with a complete financial statement no later than thirty (30) days following termination. XII. TOURNAMENT MANAGER'S RIGHT OF TERMINATION If the City fails to comply with the terms and conditions of this Agreement, the Tournament Manager may terminate this Agreement by written notice, giving the City thirty (30) days notice of termination. XIII .PROPERLY SERVED All notices required by this Agreement shall be deemed properly served when deposited in the United States Mail three (3) days prior to any deadline listed herein, postage prepaid and addressed to the appropriate party at the addresses listed below. XIV.AGREEMENT TERMS This Agreement constitutes the entire Agreement between the parties. There is no other oral or written Agreements between the parties as to the subjects covered herein. XV. AGREEMENT VALIDITY If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of this Agreement shall remain in force. KXDD-KUT/I/Rainier Beer and Pepsi Cola/KXDD-KUTI: Authorized Signature Address Work Phone Number City of Yakima: Attest: Title Wk • City State Zip Code S -Lf 7 Home Phone Number Date City Manage'r City Clerk ;•• - 589,? Date