HomeMy WebLinkAboutR-1992-D6108 Slowpitch / Round RobinRESOLUTION NO. D-6108
A RESOLUTION authorizing execution of an agreement with Ronald
King for 1992 Slowpitch Round Robin Tournaments.
WHEREAS, the Parks and Recreation Division of the Depart-
ment 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 exper-
tise to the City of Yakima in return for the services spelled
out in this agreement; and
WHEREAS, the amount which may be paid to Ronald King for
the services in this agreement may exceed $25,000.00; and
WHEREAS, the City Council finds and declares under City
Charter Article VI, Section 6 that an emergency exists because
the tournaments in question start in several weeks leaving
insufficient time to bid for promoter services; 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 "1992
Agreement Between the City of Yakima and Ronald King," for the
period from January 1, 1992 to December 31, 1992.
ADOPTED BY THE CITY COUNCIL this 28 day of April
1992.
ATTEST:
City Clerk
(res/king.jv)
Mayor
FOR OFFICIAL USE ONLY: CONTRACT NO:
Provider:
Address: Phone:
Expenditure Code:
1992 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND RON KING,
FOR SLOWPITCH ROUND ROBIN SOFTBALL TOURNAMENTS
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 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
1992 Slowpitch Round Robin Tournaments.
WITNESSETH: That in consideration of mutual covenants,
promises and agreements, herein contained the parties mutually
agree as follows:
1. 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, 1992.
2. Registering all Slowpitch Round Robin Tournaments
with the American Softball Association (A.S.A.) or
the United States Slowpitch Association (U.S.S.A.).
All tournaments shall be sanctioned with one of the
above Associations.
LK. '92 Cont.
Page 1
3. Reserving appropriate City ballfields 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 1992 Slowpitch
Round Robin Tournament brochure by February 28,
1992.
5. Developing and printing of Slowpitch Round Robin
Tournament team rosters.
6. Distributing and advertising the Slowpitch Round
Robin Tournament program listings. Thiis includes
mailing brochures and roster forms.
7. Handling all inquiries regarding the Slowpitch
Round Robin Tournament program, and other perti-
nent 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 tourna-
ment registration forms, receipting registration
and sending confirmation and receipts to partici-
pating teams; collecting other team information as
necessary.
9. Payment of A.S.A. and/or U.S.S.S.A. toumament
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 informa-
tion to each participating team.
RX. 92 Cont.
Page 2
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, bailfield
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, 1992.
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 p.m. The Tournament
R.K. '92 Cont.
Page 3
Manager shall verbally and, whenever possible, in
writing indicate to this Association that the
Tournament Manager and not the City is solely
responsible for payment of the Association and its
officials
Providing a minimum of one (1) new and one (1)
used A.S.A. and/or U.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 1992
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 provider is, the amount of coverage,
the policy number, and when the policy and provi-
sions provided are in effect. Said policy shall be in
effect for the duration of this Agreement and shall
name the City, its officials, agents and employees
as additional insureds.
II. MAINTENANCE
A. The City shall be responsible for preparing and main-
taining ballfields in playing conditions that have a level
of safety customary for softball activities as situations
allow. This includes:
1. A ballfield maintenance standard of one (1) field
preparation per field per game throughout the
R.K. '92 Cont.
Page 4
scheduled tournament. A minimum field prepara-
tion 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 11 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.
I. The lining of the field: Batters box, on deck
circle, foul lines and the 1st 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 twenty-six (26) 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 neces-
sary. This will be in addition to the service
RX. '92 Cont.
Page 5
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 ball -
field 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 one -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 Gap
and the Girl's Softball Association for the use of
and maintenance of Cahalan Park, and with the City
of Selah for the use and maintenance 01 Carlon
Park.
III . BILLING. PAYMENTS AND COLLECTIONS
R.K. '92 Cont
Page 6
A. The City shall be responsible for the following:
1. Paying the Tournament Manager all collected tour-
nament 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..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
Agreement.
c. Amount owed by the Tournament Manager for
A.S.A. and/or U.S.S.A. sanction fees.
d. All City fees owed based upon shared cost fee
schedule, see Section IV. City fees are to be
itemized by fee category.
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 from teams or players, plus the
collection fee if the City turns the check in for
collection.
2. Paying the City for all actual and pre -scheduled
coordination, field preparation, lights, maintenance
M&O, and additional field maintenance per
R.K. '92 Cont.
Page 7
Slowpitch Round Robin Tournament as per
Agreement.
3. Providing the City a complete written post-tour-
nament
ost'tour-
nament 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 reim-
bursement for failure to perform.
4. Splitting any remaining funds equally between the
City of Yakima, Kevin King Scholarship Trust
Association and Frank DiMario Scholarship Trust
within the Tournament Manager's Slowpitch Round
Robin Tournament account at the conclusion of each
tournament.
IV. 1992 FEE SCHEDULE
A. Fees to be paid by Ronald King to the City for the 1992
Slowpitch Round Robin Tournaments are divided into two
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, pur-
chase of softballs, tournament awards, tournament
T-shirts, and additional field maintenance services
provided by the City described in "E" below.
B. The 1992 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
R.K. '92 Cont.
Page 8
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/h our
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 dollar amount per team charged for 1992, based
on 1991 M&O usage.
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:
Ballfield Maintenance Coordinator $9.10/hour
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 1992 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:
R.K. '92 Cont.
Page 9
B. City:
The Slowpitch Round Robin Toumarnent program
sponsored by KXDD-KUTURainier Beer and Pepsi
CoIa1KXDD-KUTI, and coordinated by Ronald King.
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 has a level of safety customary for softball
activity 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 23, 1992 through Sunday, September 13,
1992.
G Site:
A City or Non -City softball field.
R.K. '92 Cont.
Page 10
I -L 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.
V 11. EMPLOYMENT STATUS
It is expressly agreed upon by both parties that the
Tournament Manager is 114I 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 I. LIABILITY INSURANCE
It is understood that the City does nt 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.
R.K. '92 Cont.
Page 11
X ASSIGNMENT
This Agreement or any interest therein, cannot be assigned in
whole or in part by the Tournament Manager to any party unless
mutually agreed upon in writing 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 substantially deviates from 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. AGREEMENTTERMS
This Agreement constitutes the entire Agreement between the
parties. There are no other oral or written Agreements
R.K. '92 Cont.
Page 12
between the parties as to the subjects covered herein. Any
modification of this Agreement must be in writing and signed
by both below signators.
XV. AGREEMENT VALIDITY
If any portion of this Agreement is changed per mutual agree-
ment or any portion is held invalid, the remainder of this
Agreement shall remain in force.
Ronald King Date
Address
City State Zip
Work Phone Number Home Phone Number
CITY OF YAKIMA:
City Manager Date
Attest:
City Clerk
R.K. '92 Cont.
Page 13
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ,7
3,8
For the Meeting of April .21-, 1992
ITEM TITLE: Agreement between the City of Yakima and Ronald King for
1992 Softball Round Robin Tournaments
SUBMITTED BY: Jerry Copeland, Director of Public Works
CONTACT PERSON/TELEPHONE: David Flaherty, 575-6020
SUMMARY EXPLANATION:
Attached is the 1992 Agreement between the City of Yakima and Ronald King for
the 1992 Slowpitch Round Robin Tournaments.
Ron King is scheduled to sponsor 11 tournaments this year in cooperation with
the City's Parks and Recreation Division.
This Agreement is updated yearly and is necessary for the implementation of
the tournament program
Revised
X Resolution Ordinance
Plan/Map
Notification List X Other
APPROVED FOR SUBMITTAL:
Contract Minutes
pecify)
XhaSIâ–º
City Manager
ontract
STAFF RECOMMENDATION: That the City Council approve the attached Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: 4/21/92 --Postponed until 4/28/92
4/28/92 --Resolution No. D-6108, .Amended to read "the amount which may be paid to Ronald
King for the services in this agreement may exceed $25,000. (4th Wheras)