HomeMy WebLinkAbout2019-02-19-J01I Umpiring AgrAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 19, 2019
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 $27 per game to the umpire and $5 scheduling fee to
Central Iowa Officials. Girls Rec Softball Fees include $38 per game to
the umpire and $5 scheduling fee to Central Iowa Officials. The Adult
Softball increase from 2018 fees is an increase of $5 per game. The Girls
Rec Softball increase from 2018 is an increase of $3 per game.
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:
J1I
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING UMPIRE SERVICE AGREEMENT
[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; AND,
WHEREAS, the City Attorney has reviewed the agreement and finds it satisfactory.
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 the 19th day of
February, 2019.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
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UMPIRING SERVICES AGREEMENT
This AGREEMENT dated the 1st day of March, 2019 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 April 1, 2019 and shall terminate on November
1, 2020 or earlier as provided herein.
2. Payment. City of Waukee shall pay contractor as follows:
A. Adult Slow Pitch Softball Umpire Fee will be $27 per softball game officiated. $5 per
softball game, with official scheduled by the contractor. TOTAL will be $32 per game.
B. Youth Fast Pitch Softball Umpire Fee will be $38 per softball game officiated. $5 per
softball game, with official scheduled by contractor. TOTAL will be $43 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 term of the Agreement, a
final accounting of the applicable scheduled games will be completed by the City of
Waukee on or about October 20th of each year. If either party is deficient in payme nt
after said accounting the non-deficient party will within 30 days deliver a check to the
deficient party.
3. Services/Duties performed by Contractor: A description of the Contractor’s duties are as follows:
A. Umpires shall be dressed in the proper USA/ASA uniform and have proper equipment
(indicator, brush, etc.)
B. Umpires shall be knowledgeable of, and enforce all League and USA/ASA 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.
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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 feder al, 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. That 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 Liabilities. 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 o f 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.
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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 29th day of
January, 2019.
CITY OF WAUKEE
WAUKEE PARKS & RECREATION
By:________________________________________
It’s:_______________________________________
CONTRACTOR
CENTRAL IOWA OFFICIALS, LLC
By:________________________________________
It’s:_______________________________________