HomeMy WebLinkAboutR-2023-065 Resolution authorizing a recurring annual Agreement with Yakima Valley Umpires Association to obtain officiating services for the City's organized softball programRESOLUTION NO. R-2023-065
A RESOLUTION authorizing an agreement with the Yakima Valley Umpires
Association for officiating services for the City of Yakima's
organized softball program.
WHEREAS, the Department of Public Works' Parks and Recreation Division
manages and facilitates an organized softball program in City parks; and
WHEREAS, such a program requires the services of umpires to officiate scheduled
games and tournaments; 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 the attached
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 in accordance with the terms and conditions of
the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with the Yakima
Valley Umpires Association, attached hereto and incorporated herein by this reference, not
to exceed Thirty Thousand Dollars ($30,000) for the purpose of obtaining officiating services
for the City of Yakima's organized softball program for the period of May 1, 2023 through
January 31, 2024.
ADOPTED BY THE CITY COUNCIL this 2nd day of May, 2023.
Janice Decao, Mayor
Sonya r Tee, City CI
2023 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
YAKIMA VALLEY UMPIRES ASSOCIATION
THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between
the City of Yakima (hereinafter the "City") a Washington municipal corporation, and the Yakima
Valley Umpires Association (hereinafter "YVUA").
WHEREAS, the City finds it necessary to contract with YVUA to provide certified ASA
softball officials to facilitate league games 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 such 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. YVUA shall provide softball officiating services for the City's Softball Program.
YVUA shall officiate approximately two thousand two hundred (2,200) games. Special areas of
responsibilities for both the City and YVUA are contained in Attachment "A", attached hereto and
incorporated herein by this reference.
2. E-Verify Compliance Declaration;. YVUA shall enroll in the E-Verify program or its
successor, and shall verify its employees' proof of citizenship and authorization to work in the
United States. YVUA must remain enrolled in the program for the duration of the contract and be
responsible for verification of every applicable subcontractor. YVUA shall sign and return the E-
Verify Declaration, Exhibit "A" which is attached and incorporated into this Agreement.
3. Consideration. As consideration for the services specified in this Agreement, the City
agrees to compensate YVUA according to the payment schedule contained in Attachment "B",
attached hereto and incorporated herein by this reference.
4. Term. This Agreement shall commence on May 1, 2023, and shall terminate at midnight
on January 31, 2024, unless sooner terminated in accordance with Section 17 or Section 18 of this
Agreement.
5. 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. No officer,
employee, volunteer, and/or agent of Surveyor shall act on behalf of or represent him or herself as
an agent or representative of the City. YVUA, as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing the services required under this Agreement.
YVUA expressly represents, warrants and agrees that its status as an independent contractor in
the performance of the work and services required under this Agreement is consistent with and
meets the six -part independent contractor test set forth in RCW 51.08.195. YVUA and its officers,
employees, volunteers, agents and/or subcontractors shall make no claim of City employment nor
shall claim against the City any related employment benefits, social security, and/or retirement
benefits. Nothing contained herein shall be interpreted as creating a relationship of servant,
employee, partnership or agency between YVUA and the City.
6. Inspection and Audit. YVUA shall maintain books, accounts, records, documents and
other evidence pertaining to the costs and expenses allowable and consideration paid under this
Agreement in accordance with generally accepted accounting practices. All such books of
account and records required to be maintained by this Agreement shall be subject to inspection
and audit by representatives of the City and/or of the Washington State Auditor at all reasonable
times, and YVUA shall afford the proper facilities for such inspection and audit. Such books of
account and records may be copied by representatives of the City and/or of the Washington State
Auditor where necessary to conduct or document an audit. Provider shall preserve and make
available all such books of account and records for a period of three (3) years after final payment
under this Agreement.
7. 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 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.
8. Nondiscrimination Provision. During the performance of this Agreement, YVUA shall not
discriminate in violation of any applicable federal, state and/or local law or regulation on the basis
of race, color, sex, religion, national origin, creed, age, marital status, disability, honorably
discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the
presence of any sensory, mental or physical handicap, and any other classification protected
under federal, state, or local law. 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, selection for training, and the provision of services under this
Agreement.
9. The Americans with Disabilities Act. YVUA agrees to comply with the Americans With
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and
Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations. The ADA provides comprehensive civil rights to individuals with
disabilities in the area of employment, public accommodations, state and local government
services, and telecommunications.
10. Compliance with Law. YVUA agrees to perform all 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.
11. No Conflict of Interest. YVUA covenants that neither it nor its employees have any
interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of this Agreement. YVUA further covenants that it will not
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hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
12. No Insurance. It is understood the City does not maintain liability insurance for YVUA
and/or its employees.
13. Indemnification and Hold Harmless. YVUA agrees to protect, defend, indemnify,
exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, and
employees (hereinafter "parties protected") from (1) any and all claims, demands, liens, lawsuits,
administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities,
damages (including punitive or exemplary damages), penalties, fines, costs and expenses
(including legal fees, costs, and disbursements) for, arising out of, or related to any actual or
alleged death, injury, damage or destruction to any person or any property (including but not
limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused
by, arising out of, or related to any actual or alleged act, action, default or omission (whether
intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or
related to YVUA's provision of services, work or materials pursuant to this Agreement. YVUA
further agrees that it specifically and expressly waives its immunity under industrial insurance, Title
51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to
the parties protected hereunder.
14. Insurance. On or before the effective date of this Agreement, YVUA shall provide the City
with a certificate of insurance as proof of liability insurance in the amount of Two Million Dollars
($2,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number,
and when the policy and provisions provided are in effect (any statement in the certificate to the
effect of "this certificate is issued as a matter of information only and confers no right upon the
certificate holder" shall be deleted). Said policy shall be in effect for the duration of this
Agreement. The policy shall name the City, its elected and appointed officials, officers, agents,
employees and volunteers as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City thirty (30) calendar days prior
written notice. The insurance shall be with an insurance company or companies rated A-VII or
higher in Best's Guide. The insurance company shall be either admitted in the State of
Washington or a licensed surplus lines insurance company in the State of Washington. If the City
is damaged by the failure of YVUA to maintain the above insurance or to so notify the City, then
YVUA shall bear all costs attributable thereto. If requested, YVUA shall provide the City with a
complete copy of the policy.
15. 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.
16. 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 its obligation to the City and the Softball Program under this
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Agreement. This provision shall not serve as a limitation upon other damages that may be
available to the City pursuant to this Agreement or otherwise.
17. Non -Waiver. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to avail
itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon
strict performance of any agreement, covenant or condition of this Agreement, or to exercise any
right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
18. 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.
19. Termination. Either party may terminate this Agreement, with or without cause, by giving
the other party ten (10) days prior written notice of termination. In the event of such termination,
YVUA shall be compensated for services provided to the City through the date of termination.
20. Termination/Reduction of Services Due to Withdrawal. Reduction or Limitation of
Funding. In the event that funding from any source is withdrawn, reduced and/or limited in any
way after the effective date of and prior to completion of this Agreement, the City may unilaterally
reduce the scope of services, work and compensation of this Agreement, or summarily terminate
this Agreement notwithstanding any other termination provisions of this Agreement. Termination
under this section shall be effective upon hand delivery or delivery by facsimile of a written notice
of termination to YVUA, or three (3) calendar days after mailing (by first class mail) of a written
notice of termination to YVUA, whichever is sooner.
21. Survival. Any provision of this Agreement that imposes an obligation after termination or
expiration of this Agreement shall survive the term or expiration of this Agreement and shall be
binding on the parties to this Agreement.
22. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY:
TO YVUA:
Ken Wilkinson
Parks & Recreation Manager
City of Yakima Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
(509) 575-6020
Will Gaethle, Assigning Secretary
Yakima Valley Umpires Association
420 S. 72nd Avenue, Suite 180/149
Yakima, WA 98908
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, or hand delivered. Such
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notices shall be deemed effective when n1oihwd or hand delivered at the addresses specified
22' Third Parties. The City and YVUAare the only parties tothis Agreement and are the only
parties entitled to enforce its Usmna. Nothing in this Agreement givam, is intended to give, or gh8U
be construed to give or provide, any right orbenefit, whether directly orindirectly orotherwise, to
third persons.
24' Intewation and Supersession. This Agreement sets forth all of the terms, ooDdUUOD8.
and agreements of the parties relative to the subject matter hereof and supersedes any and all
such former agreements which are hereby declared terminated and of no further force and effect
upon the execution and delivery hereof. Thera are no terms, conditions, Or 2g[e80anta with
respect 1hGreto, except as herein provided and no amendment or modification of this Agreement
shall b8effective unless reduced tOwriting and executed bythe parties.
25' Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
26' Venue. The venue for any action to enforce or interpret this Aum9e0e[d Gh8U Ua in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
Bob Harrison, City Manager
ATTEST:
Sonya', I.ar Tee,
City Contract No.
Resolution No. I
YAKUMA VALLEY UMPIRES
ASSOCIATION
By: Date:
Af-
' Assigning Secretary
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ATTACHMENT "A"
AREAS OF RESPONSIBILITIES:
1. The City DfYakima Parks and Recreation Division shall:
A. Provide league schedules to the YVUA'sAssigning Secretary no later than five (5)
days prior to the beginning of the season.
B. Give a minimum of forty-eight (48) hours notice of schedule changes.
1Failure to provideforty-eight (48) hours notice of schedule changes ohoU
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 @ final tournament schedule in writing to the YVUA'o Assigning Secretary
no later than five (5) days prior to the scheduled tournament.
D. Pay the YVUA for services provided within thirty /30\ dmva after receiving G
statement/billing invoice.
2. The Yakima Valley UDlpin38 AmmVoGtk»n shall:
A. Provide certified and properly trained USA 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 Citv'G softball
program schedule.
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ATTACHMENT,'B"
PAYMENT SCHEDULE
1, The City ofYakima Parks and Recreation Division shall:
A. Compensate the YVUAat the rate mf
1. League Play
Adult S|ovvpitchone (1) man mechanics
2, Tournament Play
$30.00 per game
Adult one (1) man mechanics $3O.ODper game
Adult two (2) man mechanics $60.00 per game
B. Pay anOrganizational Fee Of
1. Administration Fee 13%ofgame fee
D. The total amount 0fthis Agreement shall not exceed $3O.00O.00.
2.The Yakima Valley Umpires Association shall:
A. Provide an itemized monthly invoice/billing to the []tv's Recreation Supervisor with
backup information OOlater than two weeks after the completion mf each season for
services provided. TO be included in this monthly statement/billing are any service
adjuotnnentm, additional fees and charges, for the previous season, and their
reconciliation. The City has the right tOset-off 88toany accrued fees inthe nature
of penalty Or reimbursement for failure to perform.
B. Pay oNo-Show Fee of:
1. League Play $15.O0per game
2. Tournament Play $15.00 per game
C. Provide to the City, o schedule of certified officials assigned to officiate
|aaQue/bourO8rnentg@m88 via Arbiter Sports. This schedule shall be provided to
the Cib/o Recreation Supervisor no later than one (1) day prior to the scheduled
|eague/tournomantQomnem.
C)' Pay o "No -Show" fee for all scheduled games when on offi{j@] does not meet the
City's softball program schedule and causes the game to be rescheduled.
1. Failure of an official to officiate a complete scheduled game, unless called
because of acts of God, shall constitute a "No -Show."
2. The City has the right to set-off as to any accrued "No -Show" fees for failure
to perform.
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.E.
For Meeting of: May 2, 2023
Resolution authorizing a recurring annual Agreement with Yakima
Valley Umpires Association to obtain officiating services for the
City's organized softball program
Scott Schafer, Director of Public Works
* Ken Wilkinson, Parks and Recreation Manager - (509) 576-6416
SUMMARY EXPLANATION:
The Yakima Valley Umpires Association (YVUA) has provided their services to the City of Yakima
(City) in previous years. The Agreement is updated yearly and provides certified American
Softball Association officials to facilitate league and tournament softball games in order to meet
the Parks and Recreation softball program schedule. YVUA officiates approximately 2,200
games for the City's softball program.
The terms of the 2023 Agreement shall be in an amount not to exceed $30,000. (See attached
Agreement with Attachment "A" and "B") Attachment "A" of the Agreement describes the Areas
of Responsibilities in more detail. Attachment "B" of the Agreement describes the Payment
Schedule.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description
D Resolution
d Agreement
Upload Date
4/12/2023
4/12/2023
Type
Resolution
Contract