HomeMy WebLinkAboutR-1992-D6107 Umpires / SlowpitchA RESOLUTION:
RESOLUTION NO. ns 1 n 7
Authorizing Execution of an Agreement with
the Washington State Slowpitch Umpires
Association.
WHEREAS, the Parks and Recreation Division of the
Department of Public Works manages and facilities 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 Washington State Slowpitch Umpires
Association has offered to provide certified WSSA 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 Washington State
Slowpitch Umpires Association for umpire services, now, therefore,
BE IT RESOLVED. BY THE CITY COUNCIL OF THE CITY OF
YAK MA:
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 Washington State Slowpitch
Umpires Association for the period from April 11, 1992 to December
31, 1992.
ADOPTED BY THE CITY COUNCIL this .,� ZJ'T. day of
L 1992.
Vc,f,
ATTEST:
Mayor
City Clerk
FOR OFFICIAL USE ONLY:
CONTRACT NO. 9.2- R' / n -A /6'7
Provider: ` F>,nt amu. b(e,a4—t,, Address tPdO /?c; , r,
Phone: 96251- 3 es o Expenditure Code: /31-13i Pl' /C - 573. x - yro
1992 AGREEMENT BL"I'WEEN
THE CITY OF YAKIMA
AND
THE WASHINGTON STATE SLOWPITCH UMPIRES ASSOCIATION
This Agreement is made and entered into the day of
1992, by and between the City of Yakima, Department of Public Works,
Parks and Recreation Division, herein referred to as the "City" and the
Washington State Slowpitch Umpires Association, an Association herein
referred to as "WSSUA."
WHEREAS, the City finds it necessary to contract with the WSSUA to
provide certified USSA softball officials to facilitate league and tournament
officials for its scheduled Parks and Recreation Softball Program.
WITNESSETH: That for and 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
WSSUA in conjunction with the City's softball program.
Officiating shall commence on the llth day of April, 1992, and
terminate on the 31st day of December, 1992. The total number
of games to be officiated are approximately 100.
2. During the performance of this Agreement, the WSSUA 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 WSSUA
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 WSSUA and
not the City. The WSSUA 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
Contracts/SPUA
Page 1
Security Tax, Assessment for Unemployment and Industrial
Injury.
5. It is understood that the City does not maintain liability
insurance on the WSSUA and/or its members and employees.
6. The WSSUA 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 WSSUA,
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 and shall name as additional insureds the City, its
officers, agents and employees.
8. As consideration for the services specified in this Agreement,
the City agrees to compensate the WSSUA 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 WSSUA to any other party unless mutually
agreed upon by both the City and the WSSUA.
10. If the WSSUA fails to comply with the terms and conditions of
this Agreement in such a manner that the Parks and
Recreation Manger 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 WSSUA five (5) days notice of termination.
11. If the City fails to comply with the terms and conditions of this
Agreement, the WSSUA 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 WSSUA fails to provide the services
specified in this Agreement and the City is forced to secure
other such services, the WSSUA shall be liable for any and all
additional expenses to fulfill its obligation to the City and the
softball program under this Agreement.
Contracts/SPUA
Page 2
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.
WASHINGTON STATE SLOWPITCH UMPIRES ASSOCIATION:
Autho'ri zed Signature
/e/
Address
ga/r a2060
Work Phone Number
CITY OF YAKIMA:
Ori
City State
bitc
Home Phone Number
City Manager
Attest:
City Clerk
Contracts/SPUA
Page 3
Title
Date
Date
ATTACHMENT "A"
AREAS OF RESPONSIBILITIES:
1. The City of Yakima Parks and Recreation Division shall:
A. Provide league schedules in writing to the WSSUA's
Assigning Secretary no later than seven (7) days prior to the
beginning of the season.
B. Given 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 of $1.25 per game 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. Pay the WSSUA for services provided within thirty (30) days
after receiving the monthly statement/billing.
2. The Washington State Slowpitch Umpires Association shall:
A. Provide certified and properly trained USSSA softball officials
for all league 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. 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 give (5) minutes before
a game is scheduled to be played shall constitute a "No -
Show."
Contracts/SPUA
Page 4
2. Failure of an official to officiate a
game, unless called because of
constitute a "No -Show."
3. The City has the right of set-off as
Show" fees for failure to perform.
Contracts/SPUA
Page 5
complete scheduled
acts of God shall
to any accrued "No-
ATTACHMENT "B"
PAYMENT SCHEDULE:
1. The City of Yakima Parks and Recreation Division shall:
A . Compensate the WSSUA at the rate of:
1. League Play
Adult one (1) man mechanics $15.70 per game.
Adult two (2) man mechanics $25.40 per game.
B. Pay a Rescheduling Fee of:
1. League Play $ 1.25 per game.
2. The Washington State Slowpitch 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 lst 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 $25.00 per game.
Contracts/SPUA
Page 6