HomeMy WebLinkAboutR-2016-058 2016 Softball Officiating Services Agreement with the Yakima Valley Umpires AssociationA RESOLUTION
RESOLUTION NO. R-2016-058
authorizing and directing the City Manager to execute 2016
Agreement between the City of Yakima and the Yakima Valley
Umpires Association for the purpose of obtaining 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 and directed to execute the attached and
incorporated "2016 Agreement between the City of Yakima and the Yakima Valley Umpires
Association" for the purpose of obtaining officiating services for the City of Yakima's
organized softball program for the period from April 1, 2. 16 through January 31, 2017
ADOPTED BY THE CITY COUNCIL this 3rd da of May, 2:1 16
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Sonya Claar Tee, City Clerk `!FJ
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2016 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 April 1, 2016, and shall terminate at midnight on
January 31, 2017, 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
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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 hire anyone
or any entity having such a conflict of interest during the performance of this Agreement.
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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 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
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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
Dick Eglet, 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, or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified above.
22. Third Parties. The City and YVUA are the only parties to this Agreement and are the only
parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be
construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third
persons.
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24. Integration and Supersession. This Agreement sets forth all of the terms, conditions, 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. There are no terms, conditions, or agreements with respect
thereto, except as herein provided and no amendment or modification of this Agreement shall be
effective unless reduced to writing and executed by the 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 Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
By:
Jeff Cufjtejj,Unterim City Manager
Date: 5114( KP
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YAKIMA VALLEY UMPIRES
ASSOCIATION
By:
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Dick Eglet, Assi/ing Secretary
Date: ( 0/C
Sonya Cladr Tee, City Clerk
City Contract No. two/ -O 1 Z
Resolution No. R- 20/6 -058
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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.
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 the 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 a
statement/billing invoice.
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. Complete and sign the "E -Verify Compliance Declaration Exhibit "A," which is
attached and incorporated into this Agreement.
C. Schedule their certified officials to meet the City's softball program schedule.
D. Pay all certified officials for games worked in order to meet the City's softball program
schedule.
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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
Adult Slowpitch one (1) man mechanics
Adult Slowpitch two (2) man mechanics
Adult Fastpitch one (1) man mechanics
Adult Fastpitch two (2) man mechanics
2. Weekend Play
$24.00 per game
$47.50 per game
$48.00 per game
$74.00 per game
Adult one (1) man mechanics $26.00 per game
Adult two (2) man mechanics $51.50 per game
B. Pay a Rescheduling Fee of:
1. League Play $1.25 per game
2. Tournament Play
C. Pay an Organizational Fee of
1. Assigning Fee 7% of game fee
D. The total amount of this Agreement shall not exceed $40,000.00.
2. The Yakima Valley Umpires Association shall.
$1.25 per game
A. Provide an itemized monthly invoice/billing to the City's Athletic Supervisor for the
services scheduled for the upcoming month on the 1st day of 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
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$25 00 per game
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 to set-off as to any accrued "No -Show" fees for failure
to perform.
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Exhibit "A"
E -VERIFY
The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended.
The City requires that all contractors or business entities that contract with the City for the award of
any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city
contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program
or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work
in the United States.
E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to
be used for existing employees.
The Contractor must remain enrolled in the program for the duration of the contract and be
responsible for verification of every applicable subcontractor. The contractor shall sign and return
with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection
of bid.
E -VERIFY COMPLIANCE DECLARATION
The undersigned declares, under penalty of perjury under the laws of Washington State that:
1. By submitting this Declaration, I certify that I do not and will not, during the performance of
this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal
Immigration Reform and Control Act of 1986.
2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima
to ensure that my workforce is legal to work in the United States of America. I agree to use
E-Verifyfor all newly hired employees during the length of the contract:
3. I certify that I am duly authorized to sign this declaration on behalf of my company.
4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of
the E -Verify program at any time and that non-compliance could lead to suspension of this
contract.
Firm Name: NsrY "I i4
Dated this e — day of
Signature:
Printed Name:
° 11ad . Corc
Phone #: J'�� –9174,3---.2-3 7 Email Address:
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 5.H.
For Meeting of: May 3, 2016
Resolution authorizing an 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 has provided their services to the City of Yakima in
previous years. The agreement is updated yearly and provides certified American Softball
Association (ASA) softball officials to facilitate league and tournament softball games in order to
meet the Parks and Recreation Softball Program schedule.
The terms of the 2016 agreement would be in an amount not to exceed $40,000. (See attached
Agreement with Attachment "A" and "B" and Exhibit "A") Attachment "A" of the Agreement
describes the Areas of Responsibilities in more detail. Attachment "B" of the Agreement
describes the Payment Schedule. Exhibit "A" of the Agreement is E -Verify.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL:
Interim City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D resolution 4/20/2016
❑ Agreement 2016 umpires 3/29/2016
Type
Coker Memo
Contract