HomeMy WebLinkAboutR-1992-D6176 King / Softball•
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RESOLUTION NO. D 6 1 7 6
A RESOLUTION authorizing execution of an agreement with Ronald King
for Slowpitch Round Robin Tournaments, 1993-1995.
WHEREAS, the Parks and Recreation Division of the Department 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 tourist promotion; and
WHEREAS, Ronald King possesses expertise in conducting
Slowpitch Softball Tournaments; and
WHEREAS, Ronald King has offered to co-sponsor such
tournaments with the City of Yakima at minimal expense to the City of
Yakima.
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 Agreement between the
City of Yakima and Ronald King Slowpitch Round Robin Tournaments,
1993-1995. 1
ADOPTED BY THE CITY COUNCIL this ,A5th day of
, 1992.
ATTEST;
"<a)1,2,-,,,, >4
City Clerk
Mayor
PROPOSED CITY AGREEMENT
WITH RONALD KING
FOR
SLOWPITCH TOURNAMENTS,
1993-1995
THE AGREEMENT CALLS FOR:
(IN OUTLINE FORM)
1. Ron King to register all teams. The City will not collect any
registration fees nor pay Ron King any monies.
2. Ron King will reimburse the City for a number of City Services.
They include:
a. Ballfield Maintenance Services
b. Tournament Coordination and Scheduling Services
3. The City will continue to be a Co-sponsor of these Tournaments.
The benefit of Co-sponsorship to each party is as follows:
a. The City Logo will be on all Awards, T-shirts and
Publications.
b. The City will not charge Ron King a field rental fee ($25.00
per field per day) for the use of City softball fields
4. The proposed Agreement will be for three (3) years. 1993-1995.
5. The Agreement can be terminated with a 30 day notice by either
party for Cause or if the Agreement is determined to be no longer in
the best interest of the City of Yakima or Ronald King.
NOTE:
The proposed Agreement will be submitted for Council's review and
approval at the August 25, Council Meeting.
FOR OFFICIAL USE ONLY: CONTRACT NO: 9r - '(/I* �/ 7
Provider:
Address: Phone:
Expenditure Code:
THREE-YEAR AGREEMENT (1993-1995)
BETWEEN THE CITY OF YAKIMA AND RONALD KING,
FOR SLOWPITCH ROUND ROBIN SOFTBALL TOURNAMENTS
This Agreement is made and entered into the %6't- day
of .i2< - oA, 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, a single man.
WHEREAS, the City of Yakima wishes to co-sponsor Round
Robin Tournaments with Ronald King for the purpose of providing
high quality Recreational Softball Tournaments and encouraging
Tourism within the City of Yakima.
WITNESSETH: That in consideration of mutual covenants,
promises and agreements, herein contained, the parties mutually
agree as follows. This agreement shall be for the calendar years
1993 through 1995.
I. COORDINATION
A. CITY OF YAKIMA'S DUTIES:
The City shall be responsible for the following:
1. Confirming all Slowpitch Round Robin Tournament
dates with Ronald King on or before December 1 of
each year of the Contract.
2. 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.
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3. The development and printing of an annual
Slowpitch Tournament brochure by February 28 of
each year. Ronald King will reimburse the City for
a percentage of the printing cost of this brochure
equal to the number of his tournaments divided by
the total number of tournaments listed..
4. Developing and printing of Slowpitch Tournament
team rosters.
5. Distributing and advertising a Slowpitch
Tournament brochure which will include the Ronald
King Round Robin Tournaments. This includes
mailing brochures and roster forms. Ronald King
will reimburse the City for a percentage of all
distribution and advertising cost equal to the
number of his tournaments divided by the total
number of tournaments planned..
6. Handling all phone or walk-in inquiries regarding
the Slowpitch Round Robin Tournament program,
and other pertinent information (motels, maps,
etc.).
7. Confirming the number of registered tournament
teams and facilities required. This confirmation is
based on information provided by Ronald King to
City Staff.
8. Bracketing (scheduling) each tournament, and
providing schedules and other pertinent
information to each participating team. Ronald
King will pay for all City costs associated with
this service (i.e. staff time, paper costs, postage,
etc.).
9. Preparing a Slowpitch Round Robin Tournament
Director's Notebook and bracket board for each
tournament site. Ronald King will reimburse the
City for �. costs associated with this service.
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10. Providing other materials necessary to run each
Slowpitch Round Robin Tournament, such as: extra
schedules, umpire listing, ballfield maintenance
schedule, emergency and maintenance personnel
listing.
11. Providing Slowpitch Round Robin Tournament
Master Schedules to the Umpire's Association,
ballfield maintenance staff, and concessionaire.
B. RONALD KING'S DUTIES
Ronald King 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 November 1 of each year.
2. Coordinating Slowpitch Round Robin Tournament
dates with the Yakima Visitors and Convention
Bureau.
3. Receiving team registrations and rosters, verifying
that information is complete, receipting
registration, and sending confirmation and receipts
to participating teams; collecting other team
information as necessary.
4. Recruiting, training, and providing compensation
for the services of the Round Robin Tournament
Directors. Providing on-site management
throughout the Slowpitch Round Robin Tournament
season.
5. 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 by 1:00 p.m no later than one (1)
day prior to the tournament. Ronald King shall
verbally and, whenever possible, in writing
indicate to this Association that Ronald King and
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not the City is solely responsible for payment of
the Association and its officials.
6. 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.
7. 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.
8. The selling of non -participant T-shirts on-site and
the keeping of accurate records of the sales.
9. On or before the first day of May for each year of
this agreement, Ronald King shall provide to the
City's Athletic Coordinator proof of general
liability 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 the City, its
officials, agents, and employees as additional
insureds.
11. MAINTENANCE
A. The City shall be responsible for preparing and
maintaining 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 every two (2) games
throughout the scheduled tournament, or as
coordinated by Ronald King. A minimum field
preparation shall consist of:
a. All loose rocks removed from the playing
field.
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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 if 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.
The lining of the field: Batters' box, on -deck
circle, foul lines, and the 1st and 3rd base
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 balifield
maintenance staff, and coordinate with Ronald King
or on-site Tournament Director any other
maintenance needs.
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3. Under the supervision of the Ballfield Maintenance
Coordinator, providing up to 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
necessary. This will be in addition to the
service 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. Ronald King shall be responsible for coordinating
ballfield maintenance activities for the Slowpitch round
Robin Tournaments. This includes:
1. Coordinating with the Athletic Coordinator a
ballfield 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 on-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
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an emergency dictates. Additional field
maintenance will be billed as provided in Section
IV.B.
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 of Carlon
Park.
III. BILLING. PAYMENTS. AND COLLECTIONS
A. The City shall be responsible for the following:
1. Providing an itemized statement to Ronald King
within five (5) days following the completion of
each tournament which spells out specifically:
a. All City fees owed for services provided.
City fees are to be itemized by fee category.
2. 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 Ronald King to the City for
services rendered. 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. Ronald King shall be responsible for the following:
1. Paying the City for all actual and pre -scheduled
coordination, field preparation, lights, maintenance
M&O, and additional field maintenance per
Slowpitch Round Robin Tournament as per
Agreement.
2. Providing the City a complete written post -
tournament financial statement no later than five
(5) days following each Slowpitch Round Robin
Tournament.
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IV. CITY OF YAKIMA FEE SCHEDULE
A. Fees to be paid by Ronald King to the City for the
Slowpitch Round Robin Tournaments are divided into two
categories.
1. Shared Cost: Tournament costs in the area of
coordination, field rental and maintenance, lights,
maintenance M&O, and post -season charges which
the City may participate in and bear all or a portion
of the cost.
2. Non -Shared Cost: Tournament costs in which the
City does not participate in and all costs borne by
Ronald King. Non -shared costs include but are not
limited to all City -incurred costs, payments to
tournament umpires, tournament directors,
purchase of softballs, tournament awards,
tournament T-shirts, and additional field
maintenance services provided by the City
described in "B" below.
B. The 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 and field
preparation, lights, maintenance M&O, and final post -
season adjusted charges. The following charges are
subject to review and revisions by the Parks and
Recreation Manager at his sole discretion on an annual
basis. and will be based on actual City costs.
1. Tournament Coordination:
Athletic Coordinator
Ballfield Maintenance Coordinator
2. Field Preparation:
Ballfield Maintenance Coordinator
Ballfield Maintenance Worker
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$1 2.40/hour
$9.10/hour
$9.10/hour
$5.25/hour
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
reprogrammed.
4. Maintenance M&O:
These charges are determined annually by a dollar
amount per team charged based on the previous
year's M&O usage.
5. Additional Field Maintenance:
Any required maintenance work above and beyond
that provided for in Section IV -B-2. 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 Slowpitch
Round Robin Tournament season. All City charges
are to be itemized.
V. DEFINITIONS
A. Slowpitch Round Robin Tournament:
The Slowpitch Round Robin Tournament program
sponsored by KXDD-KUTI/Rainier Beer and Pepsi Cola/
KXDD-KUTI and the City of Yakima and coordinated by
Ronald King, a single man, referred to as Ronald King
herein..
B. City:
The City of Yakima, Washington.
Page 9
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 (dependent upon Little
League schedule)
2. Non -City softball fields (II -B-4):
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 to Ronald King by
conclusion of a stated registration period.
F. Season Length:
May through September of each year.
G Site:
A City or Non -City softball field.
H. City Co -Sponsorship:
Sharing in tournament costs by the City. Specifically the
City will not charge a field rental fee for the use of City
softball facilities. The City will be recognized as a
sponsor on all tournament T-shirts, awards,
publications, and advertising.
Page 10
VI. NON-DISCRIMINATION
During the performance of this Agreement, Ronald King shall
not discriminate on the basis of race, color, sex, religion,
national origin, creed, or the presence of any sensory, mental,
or physical handicap.
VI I . EMPLOYMENT STATUS
It is expressly agreed upon by both parties that Ronald King is
ao/ an employee or agent of the City. Ronald King 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 Industrial
Injury.
VIII LIABILITY INSURANCE
It is understood that the City does not maintain liability
insurance on Ronald King and/or his employees.
IX. HOLD HARMLESS AND INDEMNITY
Ronald King shall defend, indemnify, and hold harmless the
City, its agents, officers, and employees from any and all
liability, for personal injuries and property damage, but not
limited to damages and attorney fees, resulting out of this
Agreement. Ronald King shall pay any and all fees, charges,
penalties, and taxes imposed upon King or the City as a result
of this Agreement.
X ASSIGNMENT
This Agreement or any interest therein, cannot be assigned in
whole or in part by Ronald King to any party unless mutually
agreed upon in writing by both the City and Ronald King.
Xl. CITY'S RIGHT OF TERMINATION!
If Ronald King fails to comply with the terms and conditions of
this Agreement in any manner or the Parks and Recreation
Page 11
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 Ronald King thirty (30) days notice of termination. In
the event of termination, Ronald King must provide the City
with a complete financial statement no later than thirty (30)
days following termination.
XII. TOURNAMENT MANAGER'S BIGHT OF TERMINATION
If the City substantially deviates from the terms and
conditions of this Agreement, or Ronald King deems that the
continuation of this Agreement is no longer in his best
interest, Ronald King 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. AGREEMENT TERMS
This Agreement constitutes the entire Agreement between the
parties. There are 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 below signators.
XV. VENUE
In the event of a suit between the parties arising out of this
Agreement, Venue shall be in Yakima County Superior Court.
Page 12
•
•
Ronald King
3w) S
Address
2 48-2100
City
Work Phone Number Home Phone Number
CITY OF YAKIMA:
City Manager
Attest:
CITY CONTRACT NO.
City Clerk
Page 13
Date
tda (7P)q62,-
State Zip
I, /9ct
Date