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HomeMy WebLinkAboutR-1995-074 Yakima Fastpitch Association• • • RESOLUTION NO. R-95- 74 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an Agreement Between the City of Yakima and Yakima Fastpitch Association to provide a fastpitch program for the community WHEREAS, the City of Yakima desires to provide a fastpitch program for the community; and WHEREAS, Yakima Fastpitch Association has the experience and expertise necessary to provide said fastpitch program and agrees to perform these services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Yakima Fastpitch Association in accordance with the terms of the attached Agreement, 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 the attached and incorporated Agreement Between the City of Yakima and Yakima Fastpitch Association for the purpose of providing a fastpitch program for the community, •ADOPTED BY THE CITY COUNCIL this �`day of \� C , 1995 Qa± ATTEST City Clerk (1e)re./f..tpitch pm Mayor AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA FASTPITCH ASSOCIATION THIS AGREEMENT is made and entered into this "-day of /iPediS% , 1995, by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the "City," and Yakima Fastpitch Association, herein referred to as "Fastpitch." WHEREAS, the City desires to provide a fastpitch program for the community. WHEREAS, Fastpitch has the experience and expertise necessary to provide said fastpitch program 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 Fastpitch as follows: 1. Services. a. The City of Yakima shall: i. Work with Fastpitch in determining the dates for pre -season maintenance. All pre -season maintenance activities, including the City's energization of the irrigation system and opening the restrooms, are dependent on the weather. Said determination is at the sole discretion of the City. Dates will coincide with the City's spring maintenance schedule. ii. Provide basic level of maintenance on the fields which includes mowing, irrigation, inspection, repairs, and garbage service, according to the established Parks maintenance schedule. Additional mowing requested by Fastpitch will be considered a special request and will be paid for by Fastpitch on a per hour basis as listed in the 1995 Fees and Charges Ordinance, a copy of which is attached hereto as Exhibit "A." iii. Work with Fastpitch on any "special" maintenance needs. iv. Designate the Athletic Coordinator as the contact person for the City of Yakima. v. Bill Fastpitch at the conclusion of the season for field use and light usage fees. Page 1 of 6 (1s)agr/fastpitch pm b. Fastpitch shall: i. Fill out a "Use of Facility" application with the dates for usage and adhere to the policies stipulated on the "Use of Facility" application. ii. Notify the City of Yakima twenty-four (24) hours in advance of any schedule changes. iii. Prepare the ballfields for play for all Fastpitch games and practices, which includes providing bases for Dunbar Field. iv. Be responsible for all litter control in and around Dunbar Field. This includes the grandstand area for all scheduled games, practices, and whenever the concession stand is in operation. v. Designate an Association Board Member who will represent Fastpitch and work with the City's Athletic Coordinator on all conditions of this Agreement. vi. Submit to the Athletic Coordinator a recap of field and light usage by the 1st of each month for the previous month. 2. Consideration. Fastpitch agrees to compensate the City for the concession and services rendered hereunder as follows: a. Field Use Rental. Rental for use of Larson Field #3 is Five Dollars ($5.00) per day for all scheduled usage. b. Lights. Charge for use of lights is Six Dollars ($6.00) per hour per field. c. Dunbar Field Concession Stand. One Thousand Dollars ($1,000.00) for the Dunbar Field Concession. The City shall submit an invoice/billing to Fastpitch at the conclusion of the fastpitch softball season. Fastpitch shall pay the City within thirty (30) days after receiving said invoice/billing. 3. Dunbar Field Concession Stand. The City grants unto Fastpitch the exclusive right to operate a concession stand at Dunbar Field, and to sell to visitors thereon food products, non-alcoholic beverages, and other merchandise approved by the City. Fastpitch shall maintain the concession stand and all equipment necessary for the proper operation of the concession stand in a clean, sanitary, and properly functioning condition at all times and shall conduct the concession strictly in accordance with all applicable building code and public Page 2 of 6 (1s)agr/fastpitch pm health requirements. Fastpitch shall be responsible for all necessary repair and maintenance costs. The City reserves the right to inspect the concession premises and Fastpitch's operation on it at any and all reasonable times throughout the term of this Agreement; provided, however, that it shall not interfere unduly with Fastpitch's operations. The right of inspection reserved to the City hereunder shall impose no obligation upon the City to make such inspections or to ascertain the condition of the premises and shall impose no liability upon the City for failure to make such inspections. Upon termination of this Agreement, Fastpitch shall remove its property and effects from the Dunbar Field premises and peacefully vacate, surrender, and deliver up possession of the demised Dunbar Field premises. Fastpitch shall also return to the City all equipment, materials, and supplies furnished by the City in good order and condition, reasonable wear and tear excepted. If Fastpitch fails to remove its property and effects within fourteen (14) calendar days of termination of this Agreement, the City shall have the right to remove and store all of said property and effects at the expense of Fastpitch. 4. Term. The term of this Agreement shall commence on the 1st day of April, 1995, and terminate on the 31st day of December, 1995. 5. Status of Fastpitch. Fastpitch and the City understand and expressly agree that Fastpitch is an independent contractor in the performance of each and every part of this Agreement. Fastpitch 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. 6. Taxes and Assessments. Fastpitch 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 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, Fastpitch shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, Fastpitch 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. 8. The Americans With Disabilities Act. Fastpitch agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights Page 3 of 6 (1s)agr/fastpitch pm to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommuni- cations. 9. Compliance With Law. Fastpitch 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. 10. No Insurance. It is understood the City does not maintain liability insurance for Fastpitch and/or its employees. 11. Hold Harmless. Fastpitch 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. 12. Insurance. On or before the effective date of this Agreement, Fastpitch shall provide the City 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. 13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Fastpitch 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 Fastpitch stated herein. 14. Termination. The City may terminate this Agreement, with or without cause, by giving Fastpitch ten (10) days written notice of termination. 15. Damages. If for any reason Fastpitch fails to provide the services specified in this Agreement and the City is forced to secure such services from another person or entity, Fastpitch shall be liable for any and all additional expenses to fulfill its obligation to the City 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. 16. 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. 17. Integration. This written document constitutes the entire agreement between the City and Fastpitch. No changes or additions to this Agreement Page 4 of 6 (1s)agr/fastpitch pm shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 18. 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 FASTPITCH: Athletic Coordinator City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 President Yakima Fastpitch Association P.O. Box 11061 Yakima, WA 98909 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. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. 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. 21. 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, City Ma ATTEST: er City Clerk City Contract No. 6 Page 5 of 6 ( ls)agr/fastpitch pm YAKIMA FASTPITCH ASSOCIATION By: Its: STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence thatb% t'%c ,:G1 I is the person who appeared before me, and said person ackn`wledged that he/she signed this instrument, on oath stated that he/sae was authorized to execute the instrument and acknowledged it as the of Yakima Fastpitch Association, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: .01 -iv -4A /m 41 !? X4/6.4- NOTARY PUBLIC in and for the State of Washington, residing My commission expires: Page 6 of 6 (1s)agr/fastpitch pm