HomeMy WebLinkAboutR-1992-D6106 UmpiresRESOLLMON No. D 6106
A RESOLUTION: Authorizing Execution of an Agreement with
the Yakima Valley Umpires Association.
WHEREAS, the Parks and Recreation Division of the
Department of Public Works manages and facilitates a program of -
organized softball in City parks; and
WHEREAS, such a program requires the services of umpires to
officiate at scheduled games; and
WHEREAS, the Yakima Valley Umpires Association has offered
to provide certified ASA umpire services to the City of Yakima in
return for compensation; and
WHEREAS, the City Council deems it to be in the best interest
of the City of Yakima to contract with the Yakima Valley Umpires
Association for umpire 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 "1992 Agreement
Between the City of Yakima and the Yakima Valley Umpires
Association" for the period from January 31, 1992 to January 31,
1993.
ADOPTED BY THE CITY COUNCIL this day of
, 1992.
ATTEST:
Mayor
City/6945,-e.
City Clerk
FOR OFFICIAL USE ONLY:
Provider:
CONTRACT NO. 9,2,- 4`7 /D- l o�
Address: /0/C; 5 . _e -;.-r" >s'e
Phone: "50) - 3/ S S� Expenditure Code: i 31-13 / - 40-6 - / /G 5 73- toD 9/0
1992 AGREEMENT BETWEEN
THE CITY OF YAKIMA AND THE
YAKIMA VALLEY UMPIRES ASSOCIATION
This Agreement is made and entered into the i64- day of int
1992, 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 in consideration of mutual covenants, 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 31st day of January 1992, and
terminate on the 31st day of January 1993. 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.
3. 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 Withholding Tax, FICA, Social Security Tax, Assessment
for Unemployment and Industrial Injury.
YVUA
Page 1
1/7/4
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 the City's Athletic Coordinator proof of liability of
insurance in the amount of one 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 and shall name the City, its officers,
agents and employees as additional insureds.
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, cannot 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 thirty (30) days notice of termination.
11. If the City substantially deviates from 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.
YVLJA
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1/7/4
14. This Agreement constitutes the entire Agreement between the
parties. There is no other oral or written Agreements between
the parties as to the subject covered herein. Any modification of
this agreement must be in writing and signed by both signators
below.
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
art-er
Authorized Signature/Title
/C/o �.
Address
Work Phone Number
CITY OF YAKIMA
.cidfr?7c) AZ
Date
PPF02_
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City State
45 Z -3g 5
Zip
Home Phone Number
Attest:
City Manager Date
'JT' COMTRACT NO.
YVUA
Page 3
1/7/4
City Clerk
.610-6
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.
YVUA
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D. 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.
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
p.m., one (1) day prior to the scheduled tournament.
F. 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 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.
YVUA
Page 5
1/7/4
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
$15.70 per game.
$15.70 per game.
$25.40 per game.
2. Tournament Play (elimination format)
Youth one (1) man mechanics
Adult one (1) man mechanics
Adult two (2) man mechanics
Round Robin (1) man mechanics
Round Robin (2) man mechanics
B. Pay a Rescheduling Fee of:
$15.70 per game.
$17.70 per game.
$27.40 per game.
$16.70 per game
$26.40 per game
1. League Play $ 1.25 per game.
2. Tournament Play
C. Pay an Organizational Fee of
$ 1.25 per game.
1. Assigning Fee $ .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
YVUA
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4/30/92
$25.00 per game.
$50.00 per game.