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HomeMy WebLinkAboutR-1992-D6176 King / Softball• • 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. Page 1 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. Page 2 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 Page 3 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. Page 4 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. Page 5 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 Page 6 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. Page 7 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 Page 8 $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