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HomeMy WebLinkAboutR-1995-050 Umpires AssociationRESOLUTION NO. R-95- cn A RESOLUTION authorizing the 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 scheduled games, and WHEREAS, Yakima Valley Umpires Association, hereinafter "YVUA," has the experience and expertise necessary to provide certified ASA softball officials and agrees to perform these services for the City under the terms and conditions set forth in this Agreement, and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with YVUA for umpire services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute IIIthe attached and incorporated "1995 Agreement Between the City of Yakima and Yakima Valley Umpires Association" for the period from January 31, 1995 to January 411 31, 1996 ADOPTED BY THE CITY COUNCIL this 28th day of March , 1995 ell ATTEST Mayor 14-1c. • C- i (le rem 'umpire essn pm City Clerk 1995 AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA VALLEY UMPIRES ASSOCIATION THIS AGREEMENT is made and entered into this _ day of 1995, by and between the City of Yakima, Department of Public Wor , Parks and Recreation Division, herein referred to as the "City," and the Yakima Valley Umpires Association, herein referred to as "YVUA." WHEREAS, the City finds it necessary to contract with YVUA to provide certified ASA softball officials to facilitate league and tournament officials for its scheduled Parks and Recreation Softball Program. WHEREAS, YVUA has the experience and expertise necessary to provide said certified ASA softball officials and agrees to perform these services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and YVUA as follows: 1. Services. The duties of softball officiating are to be performed by YVUA in conjunction with the City's Softball Program. The total number of games to be officiated are approximately two thousand five hundred (2,500). Special areas of responsibilities for both the City and YVUA are contained in Attachment "A," which is attached and incorporated into this Agreement. 2. Consideration. As consideration for the services specified in this Agreement, the City agrees to compensate YVUA according to the payment schedule, Attachment "B," which is attached and incorporated into this Agreement. 3. Term. The term of this Agreement shall commence on the 31st day of January, 1995, and terminate on the 31st day of January, 1996. 4. Status of YVUA. YVUA and the City understand and expressly agree that YVUA is an independent contractor in the performance of each and every part of this Agreement. YVUA and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. YVUA shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other Page 1 of 4 (1s)agr/umpire assn pm deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, YVUA shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, YVUA shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 7. Compliance With Law. YVUA agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 8. No Insurance. It is understood the City does not maintain liability insurance for YVUA and/or its employees. 9. Hold Harmless. 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. 10. Insurance. On or before the effective date of this Agreement, YVUA shall provide the City's Recreation Supervisor, proof of liability 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 duration of this Agreement. The policy shall name the City, its officers, agents, and employees as additional insured. The City will also provide Two Million Dollars ($2,000,000.00) 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. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by YVUA to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of YVUA stated herein. 12. Termination. The City may terminate this Agreement, with or without cause, by giving YVUA ten (10) days written notice of termination. Page 2 of 4 (1s)agr/umpire assn pm 13. Damages. If for any reason prior to termination of this Agreement as provided herein, YVUA fails to provide the services specified in this Agreement and the City is forced to secure other such services from another person or entity, YVUA shall be held liable for any and all additional expenses to fulfill their obligation to the City and the softball program under this Agreement. This provision shall not serve as a limitation upon other damages that may be available to the City pursuant to statutory and/or common law. 14. Severability. 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 full force and effect. 15. Integration. This written document constitutes the entire agreement between the City and YVUA. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 16. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO YVUA: Recreation Supervisor City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Assigning Secretary Yakima Valley Umpires Association 14771 Yakima Valley Highway Zillah, WA 98953 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. Attorney's Fees. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. Page 3 of 4 (1s)agr/umpire assn pm 19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By: Dick Zais, CityIanager ATTEST: City Clerk City Contract No. 95 38 (- (5-�� b) STATE OF' WASHINGTON ) :ss. County of Yakima YAKIMA VALLEY UMPIRES ASSOCIATION By: Its: I certify that I know or have satisfactory evidence that 0 t cK /et is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as thef r't cs0 _-e ` of Yakima Valley Umpires Association, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Page 4 of 4 (1s)agr/umpire assn pm NOTARY PUBLIC in anor the State of Washington, residing at Z t / My commission expires: I -- f `: ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 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 shall result in a rescheduling game fee being charged against the City. 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 game 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 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 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. City/YVUA Agreement February 22, 1995 Page 4 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 $16.50 per game $16.50 per game $27.00 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 B. Pay a Rescheduling Fee of: 1. League Play 2. Tournament Play C. Pay an Organizational Fee of 1. Assigning Fee $16.50 per game $18.50 per game $29.00 per game $17.50 per game $28.00 per game $1.25 per game $1.25 per game $.50 per game per official D. The total amount of this agreement shall not exceed $45,000.00. 2. The Yakima Valley Umpires Association shall: A. Provide an itemized monthly invoice/billing to the City's Athletic Coordinator for the services scheduled for the upcoming month on the 1st day 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 to 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 game 2. Tournament Play $25.00 per game City/YVUA Agreement February 22, 1995 Page 5 C. 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. D. 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. E. 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. City/YVUA Agreement February 22, 1995 Page 6