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.
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* FOR OFFICIAL USE ONLY: CONTRACT NO: *
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* Provider: Address: *
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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