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-
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(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
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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.
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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.
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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:
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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
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