Loading...
HomeMy WebLinkAbout2024-09-16 I01E_01 Umpire Services AgrAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 16, 2024 AGENDA ITEM:Consideration of approval of a resolution approving Umpire Service Agreement with Central Iowa Officials, LLC [Waukee Parks & Recreation Department] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: Central Iowa Officials provide umpire services to the Cities of Waukee, Clive & Ankeny. Waukee Parks & Recreation has used the services of Central Iowa Officials since 2007 and find their services to be satisfactory. Central Iowa Officials is a reputable organization with umpires who enhance the quality of leagues we offer through the Parks & Recreation Department. The reason for a new contract agreement is due to a request to increase fees for services. See Fiscal Impact and Cost/Benefit analysis below. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:Adult Softball Umpire Fees include $35 per game to the umpire and $5 scheduling fee to Central Iowa Officials for a total of $40 per game cost to the City. Girls Rec Softball Fees include $47 per game to the umpire and $5 scheduling fee to Central Iowa Officials for a total of $52 per game cost to the City. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff recommends approval of the contract with Central Iowa Officials, LLC. RECOMMENDATION: Approve the contract. ATTACHMENTS: I. Proposed Contract PREPARED BY:Josh VandeKamp REVIEWED BY:Matt Jermier PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1E1 THE CITY OF WAUKEE, IOWA RESOLUTION 2024-_____ APPROVING UMPIRE SERVICE AGREEMENT WITH CENTRAL IOWA OFFICIALS, LLC [WAUKEE PARKS & RECREATION DEPARTMENT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City of Waukee Parks & Recreation Department wishes to engage the services of a contractor for umpiring City-sponsored youth and adult softball leagues; AND, WHEREAS, Central Iowa Officials, LLC, of Johnston, IA, has provided an Umpiring Service Agreement for such services. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Umpire Service Agreement [Waukee Parks & Recreation Department] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this 16th day of September, 2024. ____________________________ Courtney Clarke, Mayor Attest: _______________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair UMPIRING SERVICES AGREEMENT This AGREEMENT begins on the 1st day of November, 2024 by and between the City of Waukee Parks & Recreation Department ("City of Waukee") and Central Iowa Officials, LLC (Contractor), whose address is 5621 Woodreed Lane, Johnston, IA 50131 and whose Federal I.D. Number is 20-5687764, or collectively known as "the Parties". WITNESSETH: The City of Waukee agrees to engage the services of contractor for umpiring softball games in leagues sponsored by the City of Waukee and Contractor agrees to perform these services upon the terms and conditions of this Agreement. The Parties now desire to set forth the terms of said services in one document. Now therefore, in consideration of the promises, and of the mutual covenants, conditions, stipulations and agreements hereinafter contained, the Parties hereto do mutually covenant and agree as follows: 1. TERM: The term of this Agreement shall begin on November 1, 2024 and shall terminate on October 31, 2026 or earlier as provided herein. 2. PAYMENT: City of Waukee shall pay contractor as follows: a)Adult Slow Pitch Softball Umpire Fee will be $35 per softball game officiated. $5 per softball game, with official scheduled by the contractor. TOTAL will be $40 per game. b)Youth Fast Pitch Softball Umpire Fee will be $47 per softball game officiated. $5 per softball game, with official scheduled by contractor. TOTAL will be $52 per game. c)Payment shall be made to Contractor prior to the commencement of each softball season. These payments will be provided for the spring, summer, and fall softball seasons covered during the term of this Agreement. d)Amount of payment will be based on the number of games scheduled. A record of games officiated will be maintained by the Waukee Parks & Recreation Department and forwarded to the Umpire-In-Chief every 2 weeks. During the length of the Agreement, a final accounting of the applicable scheduled games will be completed by the City of Waukee on or about October 31st of each year. If either-party is deficient in payment after said accounting the non-deficient party will within 30 days deliver a check to the deficient party. 3. SERVICES AND DUTIES FORMED BY CONTRACT ARE DESCRIBED AS FOLLOWS: a)Umpires shall be dressed in the proper USA/ASA/USSSA uniform and have proper equipment (indicator, brush, etc.) b)Umpires shall be knowledgeable of and enforce all League and USA/ASA/USSSA rules and use proper positioning and verbal and physical signs at all times while calling plays. c)Umpires shall be willing to work in cooperation with City of Waukee staff. d)The Recreation Supervisor, Umpire-In-Chief, and Player Representative shall overhear and rule on any protests filed during league play. Umpires shall uphold the decisions made following any protest made during League play. e)A list of all association members and phone numbers shall be given to the Waukee Parks & Recreation Department. f)Contractor shall schedule an umpire to officiate games as requested by the City of Waukee Parks & Recreation Department. As long as contractor receives the schedule with appropriate notice, a copy of the umpiring schedule shall be provided by e-mail to the City of Waukee no less than seven days prior to the beginning of the scheduled month. g)Contractor shall provide City of Waukee with an "On Call" schedule with the name and phone number of the representative on duty for emergency situations for each date. h)The Contractor shall ensure that scheduled umpires will be at the work site 5-10 minutes prior to game time. i)It is the Contractor 's responsibility to see that a qualified substitute is provided in cases of a scheduled umpire not being able to perform assigned duties. j)The City of Waukee will reschedule games that were cancelled due to inclement weather or unforeseen circumstances and allow the contractor 5 working days to reschedule an umpire for all rescheduled games. k)Umpires shall receive a scorecard to be completed at the end of the night. 4. Services/Duties of the Waukee Parks & Recreation Department: a)Promotion, registration, supervision, evaluation and coordination of all League games and teams. b)Scheduling of all League games. c)Administer League rules. d)Evaluation of Adult Softball Leagues. e)Providing scorecards for Umpires before each scheduled game. 5. Representations and Warranties by Contractor: Contractor represents and warrants to the following: a)That the sole relationship with the City of Waukee under this Agreement is that of an independent contractor and not of an employee or agent of the City of Waukee. b)That said relationship does not require the City of Waukee to pay social security taxes, to withhold income taxes or to pay any other federal, state or local taxes with respect to the amounts payable to Contractor hereunder. c)The Contractor will provide all applicable tax information to the Contractors officers, agents, employees, and subcontractors which are incurred by the Contractor in connection with the services provided hereunder to the City of Waukee. d)The City of Waukee will not be responsible for unemployment compensation or worker's compensation insurance for any officer, employee, agent or subcontractor of Contractor. 6. Incapable of Performing Services Notice: If Contractor is unable to conduct the service as provided in this Agreement, Contractor will notify the City of Waukee immediately. 7. Authority to Incur Liability: The Contractor shall have no power or right to incur liabilities or obligations, for, on behalf of, or in the name of the City of Waukee. 8. Indemnity and Hold Harmless: The Contractor shall indemnify and hold City of Waukee harmless from and against all claims, liabilities, damage to property, injury to or death of persons, arising out of, occasioned by or in connection with the acts or omissions of the Contractor, Contractor's officers, agents, employees, and subcontractors. 9. Entire Agreement: This Agreement constitutes the entire agreement with respect to its subject matter. This Agreement cannot be amended, modified or supplemented in any respect except by subsequent written agreement entered by the parties. This Agreement supersedes all previous agreements, negotiations, discussions, and understandings between the Parties related to umpiring League games. 10. Governing Law: This agreement has been executed and delivered in the State of Iowa and the interpretation thereof shall be governed by the laws of the State of Iowa. 11. Severability: The invalidity or unenforceability of any term, phrase, clause, paragraph, restriction, covenant agreement or other provision hereof shall in no way, affect the validity or enforcement of any other provision, or any other part thereof. 12. Discrimination: The Contractor, in performance of their service for the City of Waukee, shall not discriminate on the basis of any disability requiring accommodations as recognized by the City of Waukee. The City of Waukee will determine if an accommodation is approved, denied, or modified. 13. Substance Abuse Program: The Contractor certifies that all of their employees who may perform safety sensitive functions for the City are included in a substance abuse program that meets the requirements of Federal Department of Transportation Drug and Alcohol Testing Regulations (Code Of Federal Regulations, 49CFR, Part 382 and Part 40). 14. Successors and Assigns: This agreement shall inure to the benefit of and be binding upon and enforceable against any successor in interest, assignee or legal representative of the Parties hereto. Notwithstanding the foregoing. Contractor may not assign this Agreement without the consent of the City of Waukee. 15. Termination: In the event that the number of participants does not exceed 3 teams per league, or the funding is not met by the City of Waukee, the City of Waukee has the right and option of terminating this Agreement at its sole determination and discretion. Furthermore, should the City of Waukee, in its judgement, decide that the Contractor is not fulfilling the agreement in a satisfactory manner, and then the City may terminate this agreement by notice in writing effective within 14 days from the receipt thereof. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the 16th of September, 2024. CITY OF WAUKEE WAUKEE PARKS & RECREATION By:__________________________________________________ CENTRAL IOWA OFFICIALS, LLC By:__________________________________________________