HomeMy WebLinkAboutR-1995-119 Slowpitch Round Robin Tournaments 1996-1998r
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Address
501 -?5"- 111
Date
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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
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