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HomeMy WebLinkAboutR-1995-119 Slowpitch Round Robin Tournaments 1996-1998r • RESOLUTION NO. R-95- 119 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 Mike Wyknenko for Slowpitch Round Robin Tournaments, 1996-1998 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, Mike Wyknenko possesses expertise in conducting Slowpitch Softball Tournaments, and WHEREAS, Mike Wyknenko 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 Mike Wyknenko 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 Mike Wyknenko, 1996-1998 ADOPTED BY THE CITY COUNCIL this aa'"a day of \e , 1995 ATTEST. aizrP ,,. Gvn L CITY CLERK MAYOR • • k-qs /ig FOR OFFICIAL USE ONLY CONTRACT NO Provider Address. Phone: Expenditure Code: THREE-YEAR AGREEMENT (1996-1998) BETWEEN THE CITY OF YAKIMA AND MIKE WYKNENKO FOR SLOWPITCH ROUND ROBIN SOFTBALL TOURNAMENTS This Agreement is made and entered into the a kJ/ _ day of 1995, by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the "City" and Mike Wyknenko WHEREAS, the City of Yakima wishes to co-sponsor Round Robin Tournaments with Mike Wyknenko 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 1996 through 1998 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 Mike Wyknenko on or before December 1 of each year of the Contract. Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 1 2. Reserving appropriate City ballfields on which to hold the Slowpitch Round Robin Tournament program. To the extent that other City ballfields are not necessary for Slowpitch Round Robin Tournament programs, these ballfields will be made available to other interested parties by the City as deemed appropriate by the City's Athletic Coordinator Larson Park usage shall be coordinated with the Fastpitch field use schedule. 3 Developing and printing of Slowpitch Tournament team rosters. 4. Providing other materials necessary to run each Slowpitch Round Robin Tournament, such as ballfield maintenance schedule, emergency and maintenance personnel listing 5 Providing Slowpitch Round Robin Tournament Master Schedules, ballfield maintenance staff, and concessionaire. B MIKE WYKNENKO'S DUTIES Mike Wyknenko 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 Visitors and Convention Bureau. Receiving team registrations and rosters, verifying that information is correct, 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 Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 2 • Providing on-site management throughout the Slowpitch Round Robin Tournament season. 5 Notifying by phone the City's Athletic Coordinator of the number ofsoftball fields necessary for each Slowpitch Round Robin Tournament three weeks in advance of each Slowpitch Round Robin Tournament. 6 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) week prior to the tournament. Mike Wyknenko shall verbally and, whenever possible, in writing indicate to this Association that Mike Wyknenko, not the City, is solely responsible for payment of the Association and its officials 7 Providing a minimum of one (1) new and one (1) used A.S.A. and/or U S S.S.A.-approved softball for all games. 8. Arranging for the distribution of Slowpitch Round Robin participant T-shirts to the registered teams. 9 The selling of non -participant T-shirts on-site and the keeping of accurate records of sales. 10 On or before the first day of May for each year of this agreement, Mike Wyknenko 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. Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 3 • 11 The development and printing of an annual Slowpitch Tournament brochure by February 28 of each year Mike Wyknenko 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. 12. Distributing and advertising a Slowpitch Tournament brochure which will include the Slowpitch Round Robin Tournaments mentioned herein This includes mailing brochures and roster forms. 13 Handling all phone or walk-in inquiries regarding the Slowpitch Round Robin Tournament program, and other pertinent information (motels, maps, etc.) 14. Confirming the number of registered tournament teams and facilities required. This confirmation is based on information provided by City Staff 15 Bracketing (scheduling) each tournament, and providing schedules and other pertinent information to each participating team. 16. Preparing a Slowpitch Round Robin Tournament Director's Notebook and bracket board for each tournament site. II. 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) preparation per field per every two (2) games throughout the scheduled Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 4 • tournament, or as coordinated by Mike Wyknenko A minimum field preparation shall consist of• a. All loose rocks removed from the playing field. 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. The infield watered down before dragging k. The dragging of the infield. 1 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 City's Athletic Coordinator, providing thirty (30) minutes of the Ballfield Coordinator's time per site to supervise ballfield maintenance staff, and coordinate with Mike Wyknenko or on-site Tournament Director any other maintenance needs. 3 Under the supervision of the Ballfield Maintenance Coordinator, providing up to twenty-six (26) hours of Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 5 • • • Ballfield Maintenance Works' 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 Mike Wyknenko shall be responsible for coordinating ballfield maintenance activities for the Slowpitch Round Robin Tournaments This includes. 1 Coordinating with the City's 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 any on-site ballfield maintenance schedule changes based on weather, field safety condition, 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 an emergency dictates. Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 6 • Additional field maintenance will be billed as provided in Section IV B 4. As necessary, arranging with .the City of Union Gap and the Girls' 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 Mike Wyknenko 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 Mike Wyknenko 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 Mike Wyknenko shall be responsible for the following: 1 Paying the City for 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. Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 7 r IV CITY OF YAKIMA FEE SCHEDULE A. Fees to be paid by Mike Wyknenko to the City of Yakima 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 Mike Wyknenko 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 Mike Wyknenko are fisted below All figures listed represent the amount to be paid by Mike Wyknenko 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 $12.40/hour Ballfield Maintenance Coordinator $ 9 10/hour 2. Field Preparation. Ballfield Maintenance Coordinator Ballfield Maintenance Worker Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 8 $ 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. 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 V DEFINITIONS A. Slowpitch Round Robin Tournament: The Slowpitch Round Robin Tournament program sponsored by KXDD-KUTI/KYKA/Budweiser Beer and Pepsi Cola/KXDD- KUTI/KYKA and the City of Yakima and coordinated by Mike Wyknenko B City. City of Yakima, Washington. 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) Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 9 • • 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 Mike Wyknenko 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 Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 10 • • VI. NONDISCRIMINATION During the performance of this Agreement, Mike Wyknenko shall not discriminate on the basis of race, color, sex, religion, national origin, creed or the presence of any sensory, mental or physical handicap VII. EMPLOYMENT STATUS It is expressly agreed upon by both parties that Mike Wyknenko is not an employee or agent of the City Mike Wyknenko 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 VII. LIAIBILITY INSURANCE It is understood that the City does not maintain liability insurance on Mike Wyknenko and/or his employees. IX. HOLD HARMLESS AND INDEMNITY Mike Wyknenko 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 no limited to damages and attorney fees, resulting out of this Agreement. Mike Wyknenko shall pay any and all fees, charges, penalties and taxes imposed upon Mike Wyknenko 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 Mike Wyknenko to any party unless mutually agreed upon in writing by both the City and Mike Wyknenko Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 11 • XI. CITY'S RIGHT OF TERMINATION If Mike Wyknenko fails to comply with the terms and conditions of this Agreement in any manner or 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 Mike Wyknenko thirty (30) days notice of termination. In the event of termination, Mike Wyknenko must provide the City with a complete financial statement no later than thirty (30) days following termination. XII TOURNAMENT MANAGER'S RIGHT OF TERMINATION If the City substantially deviates from the terms and conditions if this Agreement, or Mike Wyknenko deems that the continuation of this Agreement is no longer in his best interest, Mike Wyknenko 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 Agreement/City of Yakima and Mike Wyknenko August 21 1995 Page 12 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 GOVERNING LAW This agreement shall be governed by and construed in accordance with the laws of the State of Washington. XVI. VENUE In the event of a suit between the parties arising out of this Agreement, Venue shall be in Yakima County Superior Court. W)fe. 017,RAttatAs— Mike Wyknenko /)52;1(0C Address 501 -?5"- 111 Date (,00. q�'�3Z City State Zip Work Phone Home Phone CITY OF YAKIMA. 71(S: City Manager Date Al lEST City Clerk CITY CONTRACT NO. —1 S - 0 `� Agreement/City of Yakima and a Wyknenko August 21 1995 Page 13 F/3 //q6"-- Date /q — Date