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HomeMy WebLinkAboutR-1992-D6161 National Little LeagueRESOLUTION NO.1Y 6 1 6 1 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a services agreement with Yakima National Little League Association. WHEREAS, the Yakima National Little League Association and the City of Yakima desire to provide for the irrigation and upkeep of the baseball fields located at Elks Park; and WHEREAS, the Yakima National Little League Association and the City desire to provide for operation of an Elks Park concession stand by the Association in Elks Park for the calendar years 1992 through 1995; and WHEREAS, the City Council deems it in the best interest of the City that the attached document be executed by the City for the purposes mentioned therein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA; The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with the Yakima National Little League Association for the purpose mentioned above, a true copy of which agreement, entitled "1992-1995 Agreement Between the City of Yakima and the Yakima National Little League Association," is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this' day of 1992. ATTEST: City Clerk (res/ltlleag.jw) Mayor 1992-1995 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA NATIONAL LITTLE LEAGUE ASSOCIATION 4t This Agreement is made and entered into the,C day of 1992, by and between the City of Yakima, a municipal co por tion, herein referred to as the "City" and the Yakima National Little League Association, an association herein referred to as "Little League." This Agreement shall be in full force and effect from January 1, 1992 to December 31, 1995; provided, this Agreement may be renewed for additional one year terms by mutual written agree- ment of the parties. WHEREAS, the City finds it necessary to contract with Little League to provide scheduling and coordination of maintenance on Elks Park and to manage and operate the City's concession stand at Elks Park. WITNESSETH: That in consideration of mutual covenants, promises, and agreements herein contained, the parties mutually agree as follows: 1. Little League shall have use of the six (6) ballfields at Elks Park from March through September for implementation of the Little League program for the City's youth. Little League shall also operate a concession stand in Elks Park, pursuant to consent hereby given by the Yakima City Council, for the mutual benefit of the Association and the City, according to the provisions, terms, and conditions of this Agreement. 2. During the performance of this Agreement, the Little League 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. A. The City of Yakima shall: i. Work with Little League in determining the dates for pre -season maintenance. All pre -season main- tenance activities, including the City's energiza- tion of the irrigation system and opening the restrooms are dependent on the weather. The determination of whether or not the weather per- mits provision of this service is at the sole discretion of the City. Dates will coincide with the City's spring maintenance schedule. Typi- cally, Little League tryouts are the first three weekends in March. ii. Furnish two garbage dumpsters and a portable toilet for the season. Placement will be mutually agreed upon and the cost assumed by the City. Page 1 of 7 (agr/ltllege.jw) iii. Attempt to turn the irrigation water on the Elks Park for Little League's first pre -season work party, depending on the weather conditions. iv. Attempt to have the restrooms available for use by the first pre -season work party, depending on the weather conditions. The determination of whether or not the weather permits provision of this service is at the sole discretion of the City. v. Provide Little League with a key to the restroom facilities and concession facility. vi. To work with Little League on any special mainte- nance or irrigation needs. (This may include providing sand and top soil to prepare the fields for use. This is limited to no more than seventy five (75) combined yards of materials annually.) vii. Furnish Ballco bases and fasteners for play at Elks Park. Replacement schedule will be mutually agreed upon. viii. To provide at least twenty (20) quick cupler sprinkler heads for use by Little League for irrigating Elks Park. ix. Provide 20 100lb. bags or equivalent of marble dust. x. Replace and repair broken irrigation heads and maintain the irrigation system at Elks Park. xi. Mow Elks Park on a regular basis. Mowing of the ballfields will be in conjunction with the regular mowing schedule for the rest of the park. xii. By December of each year, bill Little League for any expenses agreed upon in this Agreement. B. Little League shall: i. Notify the City at least two (2) weeks in advance of the dates for the Little League pre -season work parties. ii. Irrigate the Elks Park complex during the Little League season. Irrigation of Elks Park will be in lieu of field use fees. iii. Spot sod or de -sod the Elks Park ballfields as needed. Page 2 of 7 (agr/ltllege.jw) iv. Be responsible for any damages resulting from requesting early energizing of the irrigation system at Elks Park. v. Be responsible for cleaning and closing of rest - rooms during March or before restrooms are open for the regular season by the City. Be responsi- ble for any damage to restrooms resulting from their request to open early. Excluded is exterior vandalism. vi. Prepare the ballfields for play for all Little League programs. Make necessary repairs to the fields and control litter in the park. Little League will empty garbage receptacles to the outside garbage container. vii. Store bases each night. If bases are lost or stolen, it is Little League's responsibility to replace them. viii. Compensate the City for additional mowing re- quested by Little League on a per hour basis. ix. Work with the City on determining future construc- tion, rehabilitation or other building remodeling. Little League agrees to furnish all proposals, including budget and building plans to the Parks and Recreation Manager for review. Little League agrees to work with the City to standardize all future building materials. x. Complete a "Use of Facility" application indi- cating the scheduling needs no later than the first of March. Any post -season needs will need to be reserved by the first of May. xi. Pay the City for any additional maintenance re- quests as agreed upon by this Agreement within thirty (30) days of receiving an invoice from the City. 4. It is expressly agreed upon by both parties that the maintenance workers referred to in this Agreement are employees of the Little League and not the City. Little League 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. 5. It is understood that the City does not maintain liabili- ty insurance on Little League and/or its members, volun- teers, and employees. Page 3 of 7 (agr/ltllege.jw) 6. Little League 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 and present or past tenancy of the conces- sion stand. 7. On or before the effective date of this Agreement, the Little League shall provide the City's Recreation Super- visor 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 dura- tion 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 of Yakima shall waive all fields use fees up to a total of no more than two thousand dollars ($2,000.00) per year to Little League for their usage of Elks Park as long as the terms of this Agreement are met. The maximum fees waived shall be calculated based upon the standard charge of one dollar and twenty five cents ($1.25) per hour per field (e.g., sixteen hundred (1,600) hours used per year). 9. If for any reason prior to termination of this Agreement as provided herein Little League fails to provide the services specified in this Agreement and the City is forced to secure other such services, Little League shall be held liable for any and all additional expenses to fulfill its obligation to the City under this Agreement. 10. A. The concession stand which is the subject of this Agreement is that which has been constructed previously by the Little League in Elks Park and donated by Little League and accepted by the City as the property of the City. B. Little League shall have exclusive right to operate the concession stand, either directly or by a concession agreement with a third party; provided, in the event the concession stand is operated by an agreement with a third party, no such agreement shall extend for a longer term than one (1) calendar year, and a copy of the agreement (along with copies of all other concession bids received by Little League) shall be filed with and subject to the approval of the Director of Public Works of the City prior to its execution by Little League; provided, fur- ther, this provision shall not preclude subsequent annual agreements with the same third party concessionaire. Page 4 of 7 (agr/ltllege.jw) C. Little League shall maintain the concession stand in good repair, and shall pay the costs of repair and main- tenance of the stand, as well as costs of utility and janitorial services. D. Little League shall reserve for improvements to Elks Park fifty percent (50%) of the net profit realized by Little League from the concession stand operation up to a maximum reserve of four thousand dollars ($4,000) per year. In the event the concession stand is operated by a third party concessionaire, "net profit" means the entire amount of money received by Little League from the con- cessionaire, without any deduction therefrom for any purpose or expense whatsoever. In the event the conces- sion stand is operated directly by Little League, "net profit" means the amount of money realized by Little League after paying all costs incident to operating the concession stand, including payment of necessary insur- ance premiums, without any deduction from that net profit for the benefit of Little League or any other purpose. E. Little League shall apply monies reserved pursuant to this Agreement so that an amount equal to one hundred percent (100%) hereof shall be applied towards capital improvements for the Elks Park Athletic Complex. Little League shall not contract for nor otherwise undertake to perform or cause to be performed any capital improvement project at Elks Park without prior written approval of the Director of Public Works. The Director of Public Works shall respond within twenty- five (25) days to written request from Little League for use of the funds for capital improvement projects at Elks Park. F. Little League shall maintain accurate books and records of concession income and all expenses, and shall account therefor in writing to the City on or before December 31 of each year for current year's activity. G. Little League agrees to comply with rules of the City contained in Chapter 13.16 of the City of Yakima Municipal Code, and to otherwise keep the concession stand premises and the area within a thirty (30) foot radius of such premises clean and sanitary at all times and not to allow any accumulation of paper, rubble, litter, or garbage. 11. This Agreement, or any interest therein, cannot be as- signed in whole or in part by Little League to any other party unless mutually agreed upon by both the City and Little League. Page 5 of 7 (agrlltllege.jw) 12. If Little League 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 Little League thirty (30) days notice of termination. Upon termination, Little League shall be liable, in addition to all other liabilities imposed by this Agreement, for all field use fees from the date of noncompliance. The date of noncompliance shall be set as the date upon which Little League first fails to comply with the terms and conditions of this Agreement as determined by the Parks and Recreation Manager of the City of Yakima. Field use fees shall be calculated on the basis of one dollar and twenty-five cents ($1.25) per hour per field for the uses specified in the "Use of Facility" application. 13. If the City fails to comply with the terms and conditions of this Agreement, Little League may terminate this Agreement by written notice, giving City thirty (30) days notice of termination. 14. 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. 15. This Agreement constitutes the entire agreement between the parties. There are no other oral or written agree- ments between the parties as to the subject covered herein. Any modification of this Agreement must be in writing and signed by both below signators. 16. 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. 17. In any action brought to enforce this Agreement, the prevailing party shall be entitled to recover all costs and a reasonable attorney fee from the nonprevailing party. 18. The City's failure to perform any of its obligations under this Agreement shall be excused if due to causes beyond the control and without the fault or negligence of the City, including but not restricted to, acts of God, acts of the public enemy, acts of any government, fires, floods, epidemics, strikes, or weather conditions; or field conditions resulting from the early energization of the irrigation systems or early opening of the restrooms at Elks Park. Page 6 of 7 (agr/ltllege.jw) 19. Little League shall pay before delinquency any and all taxes assessed against it or the City by virtue of this Agreement. YAK NATIONAL LITTLE LEAGUE ASSOCIATION thorized Signature/Title 'RQ? Gd'f ddress Work Phone Number CITY OF YAKIMA Y44a City 7-2 s•72_ Date State Zip Home Phone Number 7 3 )g:Z City Manager ' Date )RC1 Address City State Zip ATTEST: a- , do P�- City Clerk CITY CONTRACT NO. s 17-Lnl(G/ Page 7 of 7 (agr/ltllege.jw)