HomeMy WebLinkAboutR-1991-D5899 Umpire Association•
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0 I„111. -T.
RESO:LUTION NO. D 589
Authorizing execution of anAgreemeAt the
Yakima Valley Umpires Assoth"an,,,*
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the Parks and Recreation Division 6itt4e.gel*I-tment_
Publio Works manages and facilitates ELA€otr-m Ofdiganazed
-;i'-''.6fthalltin City parks; and
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"*HEREAS, such a program reguiresvihea*rvioeV-ofite to
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,.:,.c.:iate at scheduled games; and'',J.
WHEREAS, the Yakima Valley Umpires Asv,ociatpn hia Offetve ,
4,!.., provide certified ASA ul,Npiroservioes to the ity -of YI,k5.17-a.irti .
71,',eturn for compensati'on; and.,
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WhEnAS, the City Council deems,it to be it
%ritcrest of the City of Yakima to contract with the Yaklma
flPy Umpires Association for umpir4 services, iow, therefore,
BE IT RESOLVED BY THE CITY COU4cIL OF''"THE:CITY
The City Manager and the Citir-Elerk areAleret,yuthoize
„Iirected to execute the attaohed and incorpcd '1991
!4,c.tment Between the City of Yakima and the Yakima Valley
mpirea Association.for.the period from January 1, 1991 to
mber 31, 1991.
ADOPTED BY THE CITY COUNCIL THIS 111711DAY OF 1991.
ATTEST:
City Clerk
Mayor
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* FOR OFFICIAL USE ONLY: CONTRACT NO: *
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* Provider: Address: *
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* Phone: Expenditure Code: *
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1991 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
THE YAKIMA VALLEY UMPIRES ASSOCIATION
This Agreement is made and entered into the 17` day of lVA L
1991, 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, an Association
herein referred to as 'YVUA'.
WHEREAS, the City finds it necessary to contract with the YVUA to
provide certified ASA softball officials to facilitate league
and tournament officials for its scheduled Parks and Recreation
Softball Program.
WITNESSETH: That for and in consideration of mutual convenants,
promises and agreements herein contained, the parties mutually
agree as follows:
1. The duties of softball officiating are to be performed
by the YVUA in conjunction with the City's softball
program. Officiating shall commence on the 12th day of
April, 1991, and terminate on the 9th day of December,
1991. The total number of games to be officiated are
approximately 2,500.
2. During the performance of this Agreement, the YVUA
shall not discriminate on the basis of race, color,
sex, religion, national origin, creed, or the presence
of any sensory, mental or physical handicap.
S. Special areas of responsibilities for both the City and
YVUA are contained in Attachment 'A' which is attached
and incorporated into this Agreement.
4. It is expressly agreed upon by both parties that the
officials referred to in this Agreement are employees
of the YVUA and not the City. The YVUA is solely
responsible for compensating their employees and
complying with all applicable laws related to such
employment including, but not limited to, payment of
Federal Witholding Tax, FICA, Social Security Tax,
Assessment for Unemployment and Industrial Injury.
5. It is understood that the City does not maintain
liability insurance on the YVUA and/or its members and
employees.
6. The YVUA 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.
7. On or before the effective date of this Agreement the
YVUA, 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 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.
8. As consideration for the services specified in this
Agreement, the City agrees to compensate the YVUA
according to the payment schedule, Attachment `B' which
is attached and incorporated into this Agreement.
9. This Agreement, or any interest therein, can not be
assigned in whole or in part by YVUA to any other
party unless mutually agreed upon by both the City and
the YVUA.
10. If the YVUA 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
YVUA five (5) days notice of termination.
11. If the City fails to comply with the terms and
conditions of this Agreement, the YVUA may terminate
this Agreement by written notice, giving the City
thirty (30) days notice of termination.
12. If for any reason prior to termination of this
Agreement as provided herein the YVUA fails to provide
the services specified in this Agreement and the City
is forced to secure other such services, the 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.
13. 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.
14. 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.
15. 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 force.
Yakima Valley Umpires Association:
Authorized
Bu)c
Signature Title
Address
14kiwi LkiA- qt9.07-. I
City State State Zip Code
5 -5C-15
Work Phone Number
City of Yakima:
Home Phone Number Date
Attest:
City Manager Date
City Clerk
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 for which officials have been
assigned. This notice does not apply to any changes due
to acts of God.
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 the monthly 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.
D. Pick up the final written tournament schedules at the
Parks and Recreation Office at 2301 Fruitvale Blvd.,
between 4:00 PM and 5:00 PM, five (5) days prior to the
scheduled tournament.
E. 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 PM, one (1)
day prior to the scheduled tournament.
F. Pay a 'No -Show' fee for all scheduled games when a
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 of set-off as to any
accrued 'No -Show' fees for failure to perform.
G. Provide an itemized monthly statement/billing to the
City's Athletic Coordinator for the services scheduled
for the upcoming month by 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 of set-off as to any accrued fees in
the nature of a penalty or reimbursement for failure to
perform.
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
$15.12 per game.
$15.12 per game.
$22.24 per game.
2. Tournament Play (elimination format)
Youth one (1) man mechanics $15.12 per game.
Adult one (1) man mechanics $17.12 per game.
Adult two (2) man mechanics $24.24 per game.
B. Pay a Rescheduling Fee of
1. League Play
2. Tournament Play
C. Pay an Organizational Fee of
1. Assigning Fee
$ 1.25 per game.
$ 1.25 per game.
$ .50 per game
per official.
2. The Yakima Valley Umpires Association shall:
A. Provide an itemized monthly statement/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 of 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
2. Tournament Play
$25.00 per game.
$50.00 per game.