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HomeMy WebLinkAboutProfessional Service Agreement with United States Sports Specialty Officials Association for Sports Officials Training ProgramsPROFESSIONAL SERVICES AGREEMENT WITH UNITED STATES SPECIALTY SPORTS OFFICIALS' ASSOCIATION This PROFESSIONAL SERVICES AGREEMENT WITH UNITED STATES SPECIALTY SPORTS OFFICIALS' ASSOCIATION (hereinafter "Agreement") is made this ~°~ day of December, 2008 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and the United States Specialty Sports Officials' Association, a general nonprofit corporation organized under the laws of the State of Idaho (hereinafter "USSSOA"). WHEREAS, the respective governing bodies of City and USSSOA are mutually interested in providing basketball programming in the City of Meridian that is safe, well- organized, and conducted according to appropriate rules and regulations; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and USSSOA agree as follows: I. General obligations of USSSOA. A. Assign officials. USSSOA shall provide at least two (2) officials to officiate each and every City basketball game listed on the City Basketball Schedule. The USSSOA Official Assignor may be reached as follows: 1. Generally: Al Crager, (208) 433-1973 2. Before or during games: Al Crager, (208) 921-0648 B. Train officials. USSSOA shall provide the officials it assigns for City basketball games the opportunity to receive classroom and on-court training from USSSOA and to become certified by USSSOA. Upon request, USSSOA shall provide City with an updated list of certified officials. C. Evaluate officials. USSSOA shall, as necessary, evaluate all officials' eligibility for assignment in any game; such judgment shall be exercised with due respect to the expressed judgment of the City as to an official's ability in mechanics, rules interpretation and game judgment. D. Recruit officials. USSSOA shall make reasonable efforts to recruit and retain a roster of qualified officials sufficient to ensure the availability of officials for all City basketball games listed on the Official City Basketball Schedule. E. Notify officials. Each and all of the following provisions shall apply to all officials provided by USSSOA, and USSSOA shall notify all officials of their obligations to: PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 1 OF 1 1. Provide USSSOA and City twenty-four (24) hours notice of unavailability for games at which they are assigned to officiate. 2. Arrive at the court at least ten (10) minutes prior to the scheduled game time in order to evaluate court conditions and hold apre-game conference with the playing teams. Officials arriving after game time shall be subject to disciplinary action including, but not limited to reduction of one-half (1/2) the game wage. 3. Start each and every game at the time listed on the Official City Basketball Schedule. 4. Record and notify the City of any and all player warnings or ejections, unsafe facility conditions, and/or injuries by 5:00 p.m. the following business day. 5. If an official on the USSSOA roster of officials for City basketball games is a player in the same league, such official shall be ineligible for assignment to officiate games within his or her division unless no other official on the roster is available or all team captains in the division agree to waive this provision, provided that City shall make the final decision on such matters. 6. Where a team forfeits a game at game time, the players present may elect to play a practice game, in which case the game shall be played and officiated in the same manner as a scheduled game, provided there are enough players on each team as required by league rules and all. players participating in the practice game are on a City league team registered with USSSA. Officials shall be paid full game fees for a forfeit at game time, whether or not a practice game is played. II. General oblisations of City. A. Schedule games. City shall schedule all City basketball games, including the date, time, and location thereof, and shall list all such information in writing in the City Basketball Schedule. City shall provide the City Basketball Schedule to the USSSOA Official Assignor at least one (1) week prior to the first game, except that City shall provide the 2008-2009 City Basketball Schedule to the USSSOA Official Assignor on or before December 3, 2008. B. Register teams with USSSA. City shall register all basketball teams in the league with the United States Specialty Sports Association ("USSSA"). It is recognized by both parties that in order for a basketball game to be aUSSSA-sanctioned game, the playing team must be registered with USSSA and the officiating official must be registered with USSSOA. It is further recognized by both parties that USSSOA worker's compensation coverage for its officials covers injuries incurred in the course ofUSSSA-sanctioned games. C. Recruitment assistance. City shall aid in the recruitment of officials through public service announcements and communications with athletic program participants. PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 2 OF 2 III. General obligations of both parties. A. Game rules. Playing rules for basketball games shall be agreed upon between USSSOA and City. City shall not establish local rules which modify, add to, or override USSSOA rules without input from USSSOA. Upon request from USSSOA, City shall provide written interpretations oflocal rules to the USSSOA. USSSOA shall interpret and apply any and all rules of the game that are not affected by local modification. B. Evaluation. The USSSOA and the City agree to evaluate each other's effectiveness in the program and provide constructive recommendations for change. Both parties shall meet at the end of each season to review all actions taken under this Agreement. IV. Game scheduling and cancellation. A. City authority to cancel games. City retains the authority to cancel any game at any time. City shall cancel a game already in process only for good cause, and where City exercises such authority City shall notify the USSSOA Official Assignor of such cancellation either before such cancellation or within two (2) hours thereafter. B. Rescheduled games. Where a scheduled game is cancelled or not played for any reason, City shall reschedule such game and shall notify the USSSOA Official Assignor of such rescheduled date, time, and location. USSSOA shall make every effort to provide officials for such game. Where games are rescheduled due to a valid rule interpretation protest or due to an official's inappropriate actions during a game, USSSOA shall provide officials at no cost to the City. C. USSSOA failure to provide officials. If USSSOA is unable to provide at least two (2) qualified officials for any scheduled game, USSSOA shall notify City of such inability at least twenty-four (24) hours prior to such game. V. Compensation and payment. A. Amount. City shall pay USSSOA for professional services set forth herein at the rate of $50.00 per game, except that: 1. Where USSSOA fails to provide any official for a scheduled game, or where no USSSOA-assigned officials appear for a scheduled game, City shall pay nothing to USSSOA for that game. 2. Where USSSOA provides only one (1) official for a scheduled game, or where only one (1) USSSOA-assigned official appears for a scheduled game, even if City is able to find a substitute official, City shall pay USSSOA $35.00 for that game. 3. Where City notifies the USSSOA Official Assignor of a game cancellation by or before 12:00 p.m. of the day of the game: PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 3 OF 3 ~ SS • z F r ~ s i+ i a i yyyy {. ; :•. a 1 zx # . . . , _ (.ice ~ j • .~ ,, . '. ~.. .y.. .. .. . .^ f , ~ . , ..~~~ j t ~ - ~ ~Fi .f '} ~ ~ I, ,; '~ . y . ..: t .y ;:. ~ . : : ~ .~ :t ~{p ~. : 5 q ~ . .i .- ... pg .. j .. ,. i . : . ° ' ~ ~; •` ' I ~ ?' j~., i : ` ~, ~ . e , aa ~.: i. ]:' 'k !~ ~' I e ' F L ~ sV :. ~ 4 .F ' t, . S• @ ~4 s , ~ . ~ .:i' ' ± ~ '.! . y ~~` ~a ;q: i i is " :.'f :9 } ,.8; : 4'.: ,~ l• • . ~ ,.{ {. t ~ n; u. v 4 ~.' ~ .5 :.1 ~ 7 `: i II of ~ .a ,.~: 5' . F ~:~ 1' k. 4 1. `#' ~ -fie a . ! i ri? ~:' : . . f S:. :~ a i:s t. ~_ c ~ ~ y y 4 _ - ,~'~ 3 :~:„ f' t ; ~: f. : ` . ::~:.' i : i i ~:: `'~ ~ ti. i a i. i~ ~{ Y= Y q ': . i `: is : ,. ~{;^ ( x A ¢ .~ . ` ' `d ~ i .•~,. ~ ~~ ~ ' ,' . } . ~. T Z. i"1 ~~ F ~' ~': ~' 2 .t ~•4 '~,~~~'.~ 4 7.'. 299 ~F i j ' `-• ' - ~'~ i i ' F++ . i • ~~ Y . ¢ ,i. ~i~~ o ~. F ~, 3 . R ~ !q.. . N ).: . .: ' . 1 • F :{ii: {I *1 . i 3 :.: ~' ~ '.2 . ~' aI. (' ':3: F r4 .. ~. . ~ i• { .~ ( iN:: p 1:°:a }} %:4~ SySy %F'.F L t {g~ T.~ ~ r• T q • r~.: F i '4 ! a:.. ':.~ , ~:. •,.:. , ~. g f .,. ,. ~ ~ . ..: 3~ y~= g' 3 U' . R: ~ ~. . i ~ .;.: fi f:=~~ r '~t : i. .: .. . ,. .. e : .. . ; y . ... 3 . .., . ..... . .. , ~ ... ~ x {~ .. ' { + ~ . .;: ~:. I ...t y ,. . .. . . ~~'i • ... . . . S..I f.x F• __ : : ~ Y r: . i •.~i . t 3 y 1''. L JJ e• ~; 33 F q . i St ~l . ,. ~ , 1 s Fa 3.. 2 1. ~ ~!; a. For the first scheduled game: City shall pay nothing to USSSOA. b. For the second scheduled game: $25.00 if there is a first and third game; otherwise, City shall pay nothing to USSSOA. c. For the third scheduled game: City shall pay nothing to USSSOA. 4. Where City notifies the USSSOA OfFicial Assignor of a game cancellation between 12:00 p.m. and 4:00 p.m. of the day of the game: a. For the first scheduled game: City shall pay $50.00 to USSSOA. b. For the second scheduled game: City shall pay $50.00 to USSSOA. c. For the third scheduled game: City shall pay nothing to USSSOA. 5. Where City notifies the USSSOA Official Assignor of a game cancellation between 4:00 p.m. and the start of the game, City shall pay USSSOA $50.00 per game, unless such cancellation is made due to inclement weather, unforeseen facility cancellation, or unforeseen equipment malfunction, in which case City shall pay $25.00 per cancelled game to USSSOA. B. Payment method. USSSOA shall send an invoice to City on a weekly basis, and City shall mail payment to USSSOA at the address set forth herein. VI. Notices. Communication between the City and the USSSOA Official Assignor regarding day-to-day matters shall occur via a-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed via United States mail, addressed as follows: Colin Moss, Recreation Coordinator Meridian Parks & Recreation Department 33 E. Broadway Ave. Suite 206 Meridian, Idaho 83642 Gary Bassett United States Specialty Sports Officials Association 201 Gourley Boise, ID 83705 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 4 OF 4 i9 .. ~,! is ~; i; r . ¢~ ~? s~ ~~ • ~'. r a d~ provided. VII. Seasonal Review. At the conclusion of each season, USSSOA and City shall together review the season to address any problems which may have arisen and to discuss possible improvements. VIII. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other parry. The party receiving the complaint shall, within fifteen (15) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and/or why a remedy cannot be achieved. IX. Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of USSSOA. USSSOA shall not assign or sublet all or any portion of USSSOA's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. X. No asency. Neither USSSOA nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of facilities at which games are played. XI. Indemnification. USSSOA and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in USSSOA programming, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by USSSOA or any USSSOA employee, agent, contractor, official, officer, servant, guest, and/or invitee, at or in its use of game facilities or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises at game facilities; USSSOA accepts game facilities for use as is, both at the Effective Date of this Agreement and for each game at which officials are provided. PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 5 OF 5 1~~'; .~Y.IJ~~ ~ ~¢ ~ ~~ ~~ ~ ; ~~ 3 t ~$~~~k~ a XII. Insurance. A. Liability insurance. USSSOA shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of USSSOA or any USSSOA employee, agent, contractor, official, officer, servant, guest, and/or invitee, USSSOA covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. B. Worker's compensation. At all times during the course of this Agreement, USSSOA shall provide worker's compensation coverage in the amount required by law for each and every official it provides to officiate at USSSA-sanctioned City basketball games. Worker's compensation is included in each per-game fee and shall be paid to the State Insurance Fund by USSSOA. XIII. Compliance with Laws. In performing the scope of services required hereunder, City and USSSOA shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. XIV. Discrimination Prohibited. In performing the Services required herein, USSSOA shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. XV. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. XVI. Term of Agreement. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on March 31, 2009 unless earlier terminated or extended in the manner as set forth in this Agreement. If the parties to this Agreement fail to mutually extend this Agreement, and neither has terminated the Agreement, the term of this Agreement, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for one-year periods thereafter unless terminated by either party in the manner provided in this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE C) OF G XVII. Default and termination. A. Penalty for default. If USSSOA defaults in its obligations while the basketball season is in progress, USSSOA shall compensate City in the amount of $50.00 per each scheduled game remaining in the season. B. Grounds for termination. Grounds for termination of this Agreement shall include, but shall not be limited to: 1. An act or omission by either party which breaches any term of this Agreement. 2. An act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either parry. 3. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. C. Termination process. Either party may terminate this Agreement by providing fourteen (14) days advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven (7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement maybe terminated upon provision of written notice of termination. XVIII. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. XIX. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. XX. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL .. .~. `;: iii:. ;{~ - ~: ;'s ;': ~. 1~:`~: is ,;u ;:i;. ;:. ,~, j. a t ,.t?; t ;: ,' .: A... ti f.. , '.~ t .. {{}} t:. rr ;. ~, I r.. t y '~: ~.'. ~ ' .:.: $$ s _ _ ', Y~ .. '~: ~ ..r " .k q . %' Y '. ~,',.. .~~ .,,~..... ,: ,, ~> 1::.rs.~ f f. t. ~:~., ~~: }~ .:~ ~.. y'~,.• i ~ ~. tt l"' ~v:: .:{:; ~•a .: . ~ ::~;.' ~i . ~„ ,~ t: ., , ~• t .S `` i g. ~' - ,.:: F~ '. ~' ;2 ., ~: ~. `;.~~'.'.. ~q - ~ y '^ t t {... i ~T t s ~~ .4" .{ .. }.: t 's ~a }~ ~ :' t ... • .. .. c, <, :'.t :i. ~:. ~:; y ~. d } t . Y a.`.T~ :~.~.i Y :~ { .} .,.,.. ~; i~j•. { .+4 a:. & .. h~;'', ~'' 4? S: , .. ~~- ~ z 7! } :... , 'k T. ~? r . .;. . - $ ~ a ~. ;. ~i t fi yx: :p . ,.:. ;.~ :t .~ .:` ,. . ~:. .~ ,~ a. ,,i ~ . .r '' ,:.. ...; g f ~` PAGE 7 OF 7 i i it i ,, ,~ ~ !' i{ I XXI. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. XXII. Approval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and USSSOA. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. UNITED STATES SPECIALTY SPORTS OFFICIALS' ASSOCIATION: BY: ®~e~6c~' Z, 2~8 Gary B sse Date USSS A Registered Agent STATE OF IDAHO ) I HEREBY CERTIFY that on this ~r~day of ~e,~w.la~, 2008, before the ss: undersigned, a Notary Public in the State of Idaho, personally appeared Gary County of _) Bassett, known or proved to me to be the person who executed the said .~~`~•• OH ~!~a.,p°®° instrument, and acknowledged to me that she executed the same. IN WITNESS >~ ~I °°° OF, I have hereunto set my hand and affixed my official seal, the day N• `~ c•••N •'••• O '®•A ye in this certi ate fir t above written. ° ~ .~- " ~ ® d'~. ~ ~ ; ~ : o c for Idaho a P ® ,r c~ O e •' Residing at ,Idaho B- •. N ®. ~~d ~ • ®® '~ •` My Commission Expires: / / 0©4 •1••••se®~ g 'seo °®® d J~J3 ~~. CI'~'i~ERIDIAN: Tammy de ,~eerd Date Mayor `,~~,,,,,,,,,,,,,,,,,,. ~,. Of ~,, Attest: ;~~~`C)~~f O/,9OL,,~ rF o ~EAI, Ja ee Ho an ~' ~`~ ~ ~ ; City Clerk ~'~, '9~ r Est . .~ rn~n nr~~~ PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 8 OF 8