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.
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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.
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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.
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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.
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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.
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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.
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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/
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