Loading...
08 - Softball Program - Agreement with Courtney FarmerItem No. 8 TO: Mayor, Mayor Pro Tem & City Council FROM: Jeremy Smith, Recreation Director SUBJECT: Softball Program — Third Party Contractor Agreement DATE: February 12, 2024 BACKGROUND: Until 2020, the City of Paris contracted out the Softball Program to Mr. Steve Coker. He held this contract for many years until he finally retired. Since that time, the City of Paris has managed this in-house. However, with limited resources and staffing, our goal is to once again farm this service out to allow us the ability to focus on other tasks in the recreational program. STATUS OF ISSUE: City staff advertised interest in obtaining a third party independent contractor to manage the Softball Program. Having received two offers, we have selected Courtney Farmer, LLC based on their proposal and cost. We are requesting permission to sign a three year agreement with Courtney Farmer whereby the contractor will "manage, instruct and coordinate Adult Softball Leagues for the City at facilities located in the city of Paris." These programs will take place at the Sports Complex and Wise Field. The term of the agreement is January 1, 2024 — December 31, 2026. BUDGET: Pursuant to the attached agreement, the City shall continue to receive 100% of concession sales and gate fees assessed at the Sports Complex, and the City will split with the contractor 15% / 85% (respectively) the registration fees for team play. The contractor shall manage the program, including hiring and paying umpires and scorekeepers, and the City shall continue to maintain the fields. The fee range provided by the contractor for team registration is listed as between $325 and $400 per team. OPTIONS: 1. Approve the Softball Program Agreement with Courtney Farmer, LLC and authorize the City Manager to sign. 2. Request additional information regarding the program, contractor, process, and/or request it be re -advertised. 3. Reject the agreement and provide guidance to staff. RECOMMENDATION: 1. Approve the Softball Program Agreement with Courtney Farmer, LLC and authorize the City Manager to sign. AGREEMENT FOR 2024-2026 CITY OF PARIS SOFTBALL PROGRAM STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR Te CITY OF PARIS, TEXAS p / JIYAI�� in Lamar THAT, a home e m4hici � oration located County, e ,j 4greina er called CITY, ands ..aw,; �,� �� ' �V�iose mailing address is ° ..... v� �'�� �......^:�� �� ° �..� `.,1�.� and whose ph�e number is m�^"� e ��� hereinafter called CONTRACTOR, do hereby contract and agree as follows: 1. The term of this Agreement will begin on Januar J , 2024 and end on Decemberm 31, 2026: provided, however, that this Agreement may be terminated earlier upon fifteen (15) days written notice from either party to the other. Such termination will not prejudice the CONTRACTOR'S right to receive payment for services rendered through the date of contract termination. 2. CONTRACTOR hereby agrees to manage, instruct, and coordinate Adult Softball Leagues for the CITY at facilities located in the city of Paris during the term of this Agreement. 3. CONTRACTOR may utilize the following CITY fields or facilities for the Adult Softball League: S orfs Comdex and WisemmFeld.. 4. CONTRACTOR agrees to manage and run the Adult Softball Program by the following schedule: Spring Softball APr1,2024,w- une 2024 Summer Softball July 2024 - August 2024 Fall Softball Se tem it2024 - Nm. gr,1m24 Spring Softball2,--5 7JMAg 2 5 Summer Softball July.ZQ25 -Au ustt,,,2025 Fall Softball Seutember 2025 - November 2025 Spring Softball AprWZM w-�2026 Summer Softball July 2026 - Wust 026 Fall Softball September„2026.,w- November 202f a S. CONTRACTOR must attend all softball games personally or designate a qualified responsible adult as the "Person in Charge" during any absence to answer questions and handle any problems that may arise. 6. League and team registration for the Adult Softball Leagues will be the joint responsibility of CITY and CONTRACTOR; provided however, all program registration fees shall be paid directly to the CITY. . CITY will keep 15% of all Registration fees collected. CITY retains 100% of concession sales and gate fees assessed at the Sports Complex B. All fees established in the Agreement and in the Proposal Form attached hereto as Exhibit "A" are agreed to by CONTRACTOR, and such fees may not be changed without prior written approval from CITY. 9. The following direct expenses for the program will be the sole responsibility of CONTRACTOR: A. League approved softballs for all games and end -of -season tournaments. The same grand, size, and core hardness must remain the same through the entire league. B. HIRE AND PAY TWO UMPIRES PER GAME. The umpires must be certified, with a copy of their certification on file in the CITY'S Parks and Recreation office. Umpires shall dress professionally wearing denim, navy or khaki shorts/pants, and an umpire's shirt with a certified umpire's patch on the upper left sleeve. The shirt must be tucked into belted shorts/pants. The umpire must wear a cap, socks, and athletic shoes. Clothes shall be clean and pressed. Shorts must not be shorter than 6 inches above the knee. Appropriate undergarments must be worn. C. Hire and pay a scorekeeper for each game. The scorekeeper shall dress professionally. D. Awards (trophies and t -shirts) E. Other fees associated for teams wanting to participate in tournaments. F. League rules and regulations will be at the discretion of CONTRACTOR 10. CONTRACTOR shall keep an umpire's log in the concession stand at the Sports Complex with the names and phone numbers of the umpires calling each game at the Sports Complex and Wise Field. If CONTRACTOR is not at games, the person "In Charge" should be noted in this log also. 11. Field preparations for all softball leagues will be the sole responsibility of CITY. In the event of inclement weather or poor playing conditions, CITY will inform CONTRACTOR by 2:00 p.m. on game days whether games will be played or cancelled. CONTRACTOR cannot override the decision made by CITY. It will be the responsibility of the CONTRACTOR to notify all teams of cancellations. 12. CONTRACTOR shall enforce all City of Paris policies and procedures, including but not limited to the prohibition against the use of alcohol or any tobacco products at CITY parks or athletic facilities. Profanity and rude gestures are also prohibited at CITY parks and athletic facilities. CONTRACTOR will support the "No outside Food or Drink" policy at the Sports Complex. Per City ordinance, dogs are not allowed at the Sports Complex. 13. CONTRACTOR shall also retrieve and return the scoreboard controls and scoreboxes to the concession stand at the Sports Complex at the end of each day. Score boxes will not be taken home by scorekeepers. 14. CONTRACTOR shall ensure that the adult softball program follows TAAF/USA adult softball rules for all leagues and divisions. Where a TAAF rule is not found, USA rules will be used. This includes the rules for teams to qualify as an industrial or church team. There will be no "home" rules unless approved in writing by the Recreation Supervisor. 15. All information handouts given to players by CONTRACTOR shall also be given to the Recreation Supervisor. 16. CONTRACTOR shall make every effort to schedule multiple games per day on both fields when they are available. (Rain -outs are an exception to this request.) CONTRACTOR shall submit a schedule to the Recreation Supervisor for each league. Schedule approval and field allocation will be determined by CITY at its sole discretion. All schedule changes and "add-on" games must be submitted at least 2 working days in advance of said change and approved by CITY. It will be the responsibility of the CONTRACTOR to notify all registrants of schedule changes. CONTRACTOR shall inform all teams that the Sports Complex fields are not available for practices; this includes times when a game is forfeited. 17. CITY reserves the right to cancel any program which fails to meet minimum registration requirements and refund registration fees without liability or approval of CONTRACTOR. 18. CONTRACTOR must actively advertise for the adult softball and baseball programs to increase participation. All advertisements, news releases, flyers, web sites, etc., that must be reviewed and approved in writing by CITY prior to distribution. The program shall be referred to as the City of Paris Parks and Recreation Softball League. The CONTRACTOR shall be referred to as the Softball Contractor for the City of Paris. 19. CONTRACTOR shall immediately report to CITY any problems, complaints, injuries, or incidents arising from the Recreation Softball/Baseball League. 20. CONTRACTOR shall, at all times hold himself out to the public as being an independent contractor. CONTRACTOR is not an agent, employee or servant of CITY and shall not claim any right arising from employee status. Nothing contained herein shall authorize CONTRATOR to assume or create any obligation or responsibility whatsoever, expressed or implied, on behalf of, or in the name of, CITY or its affiliates, or to bind it in any manner. CONTRACTOR shall be responsible for and pay all taxes in connection with this contract including but not limited to FICA and Social Security directly to the appropriate governmental agencies. City shall make no withholdings for payroll purposes and CONTRACTOR shall accrue no benefits. CITY, its officers, directors, employees, and agents shall not be liable in any way for CONTRACTOR'S failure to report or pay any federal, state, or local taxes. CONTRACTOR hereby agrees to release, defend, indemnify, and hold CITY, its officers, directors, and employees harmless from and against any and all claims, demands, causes of action, suits, or other litigation in connection with CONTRACTOR'S failure to report and pay such taxes. 21. CONTRACTOR shall pay all fees collected directly to CITY. 22. Compensation will be based on what was approved during the proposal process with said payment being made in two installments; one payment when at least _% of total fees is collected and cleared with the second installment being paid at mid- season. EXCEPTION: Fall Softball Leagues will be paid in one final installment. Final Payment will not be paid until all fees are collected and cleared. 23. Compensation will be paid as follows: Payments will be made in accordance with the City of Paris' financial procedure. CONTRACTOR will submit an invoice for one-half of monies owed when at least half of all fees have been collected. A purchase requisition will be made and a check sent to CONTRACTOR'S home address. When all fees have been collected and turned in to CITY, a second and final invoice must be submitted by CONTRACTOR for a final check to be cut and mailed. 24. CONTRACTOR shall present a complete, itemized financial report with all monies received and all paid receipts to the City of Paris Recreation Supervisor within two weeks of the last game of each league, (i.e., spring, Summer, Fall). The financial report shall include, but not be limited to: names of persons paying fees, paid receipts for supplies, canceled checks showing payments, itemized umpires lists with payment amounts, etc. 25. In the event a league is canceled at CITY'S request, CONTRACTOR shall refund registration fees to the teams/players that paid registration fees for the canceled program. Refunds shall beAssued to any paid teams or players. All other cancellations, regardless of circumstances, must be made up at CONTRACTOR'S expense. 26. CONTRACTOR hereby agrees to release, discharge, defend, indemnify, and hold the CITY OF PARIS, TEXAS, its past, present, and future officers, elected officials, employees, agents, insurers, and attorneys harmless from any and all claims, suits, actions, causes of action, demands, damages, costs, expenses, attorney's fees, and other compensation, whether property damage, personal injury, violation of constitutional or statutory rights or other injury, whether based on negligence or any other theory of law, whether known or unknown, and whether heretofore asserted or not, growing out of, or arising from this Agreement or the programs or events the subject hereof. 27. CONTRACTOR must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy or policies of insurance, providing at least $300,000.00 per occurrence and $600,000.00 aggregate for bodily injury or death and $300,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of CONTRACTOR its agents, servants, or employees, and shall pay all premiums due thereon when due. The City of Paris, its elected officials, officers and employees shall be named as an additional insured on all insurance policies. 28. Neither this Agreement nor any duties or obligations contained herein may be assigned or subcontracted to a third party without prior written authorization from the City Manager for the City of Paris, Texas. 29. This Agreement shall be governed by the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas; therefore exclusive venue for any disputes arising from this Agreement shall be in Lamar County, Texas. 30. Term: Three years. IN WITNESS WHEREOF the parties have executed this Agreement in multiple originals. CITY OF PARIS, TEXAS Grayson Path, City Manager PROPOSAL FORM TO: Honorab� Mayor, City Council and City Mai°o�ger 15 �, FROM: �..� �J a ���°;t� °�� �:..��� (Name of Person o�� Company) i d �� r ............. .. (Address) . __ __....... ...........� .... (Phone Number) (I)(WE) will charge each team a fee of: ° $ for _ games $ for _ games n gin; $ for _ games for _ games To Da U l lIite in a Ci f Paris Softball League. of Pe s )n 0submitting Proposal) �a o� A� v G T (Date),/ Jr