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HomeMy WebLinkAboutR-1991-D5899 Umpire Association• • 0 I„111. -T. RESO:LUTION NO. D 589 Authorizing execution of anAgreemeAt the Yakima Valley Umpires Assoth"an,,,* ?,z ; WhOE4", the Parks and Recreation Division 6itt4e.gel*I-tment_ Publio Works manages and facilitates ELA€otr-m Ofdiganazed -;i'-''.6fthalltin City parks; and .. . . "*HEREAS, such a program reguiresvihea*rvioeV-ofite to . , ,.:,.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., • - ?• . ; - 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 ***************************************************************** * FOR OFFICIAL USE ONLY: CONTRACT NO: * * * * Provider: Address: * * * * Phone: Expenditure Code: * ***************************************************************** 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.