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HomeMy WebLinkAboutR-1993-026 UmpiresRESOLUTION NO. R-93-2 f A RESOLUTION: Authorizing Execution of an Agreement with the Yakima Valley Umpires Association. WHEREAS, the Parks and Recreation Division of the Department of Public Works manages and facilitates a program of organized softball in City parks; and WHEREAS, such a program requires the services of umpires to officiate at scheduled games; and WHEREAS, the Yakima Valley Umpires Association has offered to provide certified ASA umpire services to the City of Yakima in return for compensation; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with the Yakima Valley Umpires Association for umpire 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 "1993 Agreement Between the City of Yakima and the Yakima Valley Umpires Association" for the period from January 31, 1993, to January 31. 1994. ADOPTED BY THE CITY COUNCIL this , 1993. ATTEST: T )C +�.✓� — /�—c��c� ,� � c CITY CLERK c)at A�e�-•ti�Ct' day of MAYOR FOR OFFICIAL USE ONLY: Provider: Address: Phone: Expenditure Code: CONTRACT NO. 1993 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA VALLEY UMPIRES ASSOCIATION This Agreement is made and entered into the day of 1993, by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the "City" and the Yakima Valley Umpires Association, an Association herein referred to as "YVUA". WHEREAS, the City finds it necessary to contract with the YVUA to provide certified ASA softball officials to facilitate league and tournament officials for its scheduled Parks and Recreation Softball Program. WITNESSETH: That in consideration of mutual covenants, promises and agreements herein contained, the parties mutually agree as follows: 1. The duties of softball officiating are to be performed by the YVUA in conjunction with the City's softball program. Officiating shall commence on the 31st day of January, 1993, and terminate on the 31st day of January, 1994 The total number of games to be officiated are approximately 2,500. 2. During the performance of this Agreement, the YVUA 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. Special areas of responsibilities for both the City and YVUA are contained in Attachment "A" which is attached and incorporated into this Agreement. YVUA March 26, 1993 Page 1 4. It is expressly agreed upon by both parties that the officials referred to in this Agreement are independent contractors with the YVUA as the paying agent. 5. It is understood that the City does not maintain liability insurance on the YVUA and/or its members and employees. 6. The YVUA 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. 7. On or before the effective date of this Agreement the ASA shall provide the City's Athletic Coordinator proof of liability of insurance in the amount of one million dollars ($1,000,000.00) that dearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The City of Yakima will also provide $2,000,000 of liability insurance for bodily injury and property damage liability arising from ASA softball play on City fields purchased through the Amateur Softball Association of America. 8. As consideration for the services specified in this Agreement, the City agrees to compensate the YVUA according to the payment schedule, Attachment "B" which is attached and incorporated into this Agreement. 9. This Agreement, or any interest therein, cannot be assigned in whole or in part by YVUA to any other party unless mutually agreed upon by both the City and the YVUA. 10. If the YVUA 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 YVUA thirty (30) days notice of termination. YVUA March 26, 1993 Page 2 11. If the City substantially deviates from the terms and conditions of this Agreement, the YVUA may terminate this Agreement by written notice, giving the City thirty (30) days notice of termination. 12. If for any reason prior to termination of this Agreement as provided herein the YVUA fails to provide the services specified in this Agreement and the City is forced to secure other such services, the YVUA shall be held liable for any and all additional expenses to fulfill its obligation to the City and the softball program under this Agreement. 13. 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. 14. This Agreement constitutes the entire Agreement between the parties. There is 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 signators below. 15. 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. YVUA February 25, 1993 Page 3 YAKIMA VALLEY UMPIRES ASSOCIATION Authorized Signature/Title Date Address City State Zip Work Phone Number Home Phone Number CITY OF YAKIMA City Manager Attest: City Clerk YVUA February 25. 1993 Page 4 C � ) (cy 3 Date ATTACHMENT "A" AREAS OF RESPONSIBILI i'lES 1. The City of Yakima Parks and Recreation Division shall: A. Provide league schedules in writing to the YVUA's Assigning Secretary no later than seven (7) days prior to the beginning of the season. B. Give a minimum of forty-eight (48) hours notice of schedule changes for which officials have been assigned. This notice does not apply to any changes due to acts of God. 1. Failure to provide forty-eight (48) hours notice of schedule changes shall result in a rescheduling game fee being charged against the City. 2. All game reschedules resulting from acts of God shall be rescheduled with no re -assigning fee being assessed against the City. C. Provide a tentative tournament schedule in writing to the YVUA's Assigning Secretary no later than eight (8) days prior to the scheduled tournament. D. Provide a final tournament schedule in writing to the YVUA's Assigning Secretary no later than five (5) days prior to the scheduled tournament. E. Pay the YVUA for services provided within thirty (30) days after receiving the monthly statement/billing. 2. The Yakima Valley Umpires Association shall: A. Provide certified and properly trained ASA softball officials for all league and tournament games as needed to meet the City's softball program schedule. B. Schedule their certified officials to meet the City's softball program schedule. C. Pay all certified officials for games worked in order to meet the City's softball program schedule. YVUA March 26, 1993 Page 5 D. Pick up the final written tournament schedules at the Parks and Recreation Office at 2301 Fruitvale Boulevard, between 4:00 p.m. and 5:00 p.m., five (5) days prior to the scheduled tournament. E. Provide to the City, at no charge, a schedule of certified officials assigned to officiate tournament games. This schedule shall be provided to the City's Athletic Coordinator no later than 2:00 p.m., one (1) day prior to the scheduled tournament. F. Pay a "No -Show" fee for all scheduled games when an official does not meet the City's softball program schedule and causes the game to be rescheduled. 1. Failure of an official to be on site five (5) minutes before a game is scheduled to be played shall constitute a "No - Show." 2. Failure of an official to officiate a complete scheduled game, unless called because of acts of God, shall constitute a 'No -Show." 3. The City has the right of set-off as to any accrued 'No Show" fees for failure to perform. G. Provide an itemized monthly statement/billing to the City's Athletic Coordinator for the services scheduled for the upcoming month by the 1st day of each month. To be induded in this monthly statement/billing are any service adjustments, additional fees and charges for the previous month, and their reconciliation. 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. YVUA Febniary 25. 1993 Page 6 ATTACHMENT "B" PAYMENT SCHEDULE 1. The City of Yakima Parks and Recreation Division shall: A. Compensate the YVUA at the rate of: 1. League Play Youth one (1) man mechanics Adult one (1) man mechanics Adult two (2) man mechanics $15.70 per game. $15.70 per game. $25.40 per game. 2. Tournament Play (elimination format) Youth one (1) man mechanics Adult one (1) man mechanics Adult two (2) man mechanics Round Robin (1) man mechanics Round Robin (2) man mechanics $15.70 per game. $17.70 per game. $27.40 per game. $16.70 per game $26.40 per game B. Pay a Rescheduling Fee of: 1. League Play $ 1.25 per game. 2. Tournament Play C Pay an Organizational Fee of $ 1.25 per game. 1. Assigning Fee $ .50 per game per official 2. The Yakima Valley Umpires Association shall: A. Provide an itemized monthly statement/billing to the City's Athletic Coordinator for the services scheduled for the upcoming month on the 1st day of each month. To be included in this monthly statement/billing are any service adjustments, additional fees and charges for the previous month, and their reconciliation. 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. B. Pay a No -Show Fee of: 1. League Play $25.00 per garne. 2. Tournament Play $50.00 per game. YVUA February 25. 1993 Page 7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 S For Meeting of April 6. 1993 ITEM TITLE: Agreement between the City of Yakima and the Yakima Valley Umpires Association for the 1993 Softball Season SUBMITTED BY: Jerry Copeland, Director of Public Works David Flaherty, Parks and Recreation Ma ger CONTACT PERSON/TELEPHONE: David Flaherty 575-6020 SUMMARY EXPLANATION: Attached is the 1993 Agreement for the Yakima Valley Umpires Association. This agreement is updated yearly and is necessary for the implementation of the City's comprehensive softball program. Resolution Ordinance _ Contract — Other (Specify) Contracts Funding Source APPROVED FOR SUBMITTAL: �. City Manager STAFF RECOMMENDATION: That City Council approve the attached Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-93-26