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HomeMy WebLinkAbout94-131 Resolution No. 94-131 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH UMPIRES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute agreements on behalf of the City of Elgin with umpires to officiate softball games at the Elgin Sports Complex in substantially the form as attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 11, 1994 Adopted: May 11, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This Agreement is made and entered into this day of , 1994 , by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and (hereinafter referred to as "Umpire" ) . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . Umpire shall pay the sum of $25 .00 to City on or before , 1994 . 2 . City shall provide Umpire with an educational clinic on or before , 1994 . 3 . Upon successful completion of the aforementioned clinic and upon successful completion of a subsequent examination, City shall provide Umpire with a certificate of completion. 4 . City shall provide Umpire with a rule book, shirt and ball and strike indicator on or before 1994 . 5 . City shall permit Umpire to officiate softball games at the Elgin Sports Complex through , 1994 . 6 . Umpire shall hold harmless and indemnify City, its agents and employees, for and against any and all causes of action, claims for damages, suit or any and all other liability caused by or arising out of or in connection with this agreement, regardless of any negligence on the part of City, its agents or employees . 7 . Umpire acknowledges and understands that no hospitalization, health, accident or other insurance coverage shall be provided to Umpire by City. 8 . This agreement shall not be construed as creating an employment, partnership, or joint venture or other agency agreement between the parties hereto . 9 . Umpire hereby warrants and represents that there are no physical or other conditions which may interfere with or prohibit Umpire ' s performance of the terms of this agreement. 10 . This agreement is subject to and shall be governed by the laws of the State of Illinois . 11. If any of the terms, clauses or conditions contained herein are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. CITY OF ELGIN By City Manager Attest: City Clerk Name -2- • El n -- �' � °Ff,�,ti Agenda Item No. OR4/!I7 fk8 April 22, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Umpire Agreement PURPOSE The purpose of this memorandum is to provide information to consider approval of an umpire agreement for the umpires at the Elgin Sports Complex. BACKGROUND To improve Complex operations, it is proposed that umpires be individually contracted this year through the City rather than the U.S.S.S.A. (United States Slo-pitch Assoc. ) . Provi- sions of the contract will hold harmless and indemnify City, its agents and employees, for and against any and all causes of action, claims for damages, suit or any and all other liability caused by or arising out of or in connection with this agreement, regardless of any negligence on the part of City, its agents or employees . It will also allow the Recrea- tion Division to train and keep track of who is working the facility, allowing evaluation of the individual ' s performance. The umpires are paid prior to each game by the individual teams . FINANCIAL IMPACT The 45 umpires will pay $25 to the City to offset the cost for various items; rule book, balls and strike indicator, clinics and a shirt. These items have been budgeted in the account (#550-6001-776 . 17-13) and revenue will be deposited in the sports complex revenue account (#550-0000-545.00-00) . r Umpire Agreement April 22, 1994 Page 2 LEGAL IMPACT The individual umpire contracts will require review prior to execution. RECOMMENDATION Staff recommends the City Council authorize use of the Umpire Agreement for officials at the Elgin Sports Complex. (at- tached) Respectfully submitted, Richard B. Helwig City Manager JR/js C C