2006-062-RES-Steve Coker baseball & softball programs
RESOLUTION NO. 2006-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
A CONTRACT BETWEEN THE CITY OFP ARISAND STEVE COKER FOR
INSTRUCTION AND COORDINATION FOR THE BASEBALL AND
SOFTBALL PROGRAMS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council has been made aware of the Parks and Recreation
Department's need for an instructor and coordinator for the City of Paris Baseball and Softball
programs; and,
WHEREAS, in order to furnish such instruction and coordination for the baseball and
softball programs it is necessary for the City of Paris and Steve Coker to enter into an Agreement
for instruction and coordination for the City of Paris Baseball and Softball Programs; and,
WHEREAS, the form of agreement for such instruction and coordination services attached
hereto as Exhibit A should in all things be approved, and the City Manager should be authorized
to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the proposal of Steve Coker for the instruction and coordination of the City
of Paris Baseball and Softball Programs for the Parks and Recreation Department is hereby
accepted conditioned upon said Mr. Coker meeting all of the terms and conditions included in the
agreement attached hereto as Exhibit A.
Section 3. That the City Manager of the City of Paris be, and he is hereby authorized and
directed to execute on behalf of the City of Paris the agreement with Steve Coker for the
instruction and coordination of the City of Paris Baseball and Softball Programs in the form shown
in Exhibit A attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
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PASSED AND APPROVED this 10th day of Apri r' ' _!
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Curtis Fendley, M r
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ATTEST:
APPROVED AS TO FORM:
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D. Lestock, Assistant City Attorney
INDEPENDENT CONTRACTOR AGREEMENT
STATE OF TEXAS
)
)
)
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THAT, the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, by and through its
City Manager, Tony N. Williams, duly authorized, herein called CITY, and STEVE COKER,
whose mailing address is 935 Fairway Paris_ TX 75460 , hereinafter called
INDEPENDENT CONTRACTOR, do hereby contract and agree as follows:
1. The term of this Agreement will begin on March 27_ 2006 , and end on December
t 2006 , provided, however, that this Agreement may be terminated earlier upon
written notice from either party to the other. Such termination will not prejudice the
INDEPENDENT CONTRACTOR's right to receive payment for compensation
earned through the date of contract termination.
2. The program for which INDEPENDENT CONTRACTOR agrees to provide
instruction is described as follows: Adult Softball and Adult Baseball Leaeues .
The fee per person/team shall be as determined by the parties to this Agreement. The
maximum number of persons permitted to take part in such program is Nt A_ and the
minimum number is N/ A. The location or facility at which such program will take
place is Sports Complex_ Wise Field_ NL Field, P JC Field and Prairiland Field.
The dates and times which such programs will take place as follows:
Sprine Softball March 2006 - June 2006
Industrial Softball July 2006 - October 2006
Fall Softball September 2006 - November 2006
Adult Baseball May 2006 - October 2006
3. Program registration will be the responsibility of CITY and INDEPENDENT
CONTRACTOR, and all program registration fees must be paid through CITY.
4. All fees established herein shall be determined in advance by mutual agreement of the
parties, and such fees may not be changed without prior written approval from CITY.
5. All direct expenses for the program will be the responsibility of INDEPENDENT
CONTRACTOR.
A. Softballs for all games and end of season tournaments.
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EXHIBIT A.
B. Hire and pay two umpires per game. The umpires must be ASA certified,
with a copy of their certification on file in the Parks and Recreation office.
Umpires shall dress professionally, wearing denim, navy or khaki
shorts/pants and an umpire's shirt with a certified umpires patch on the upper
left sleeve. The shirt must be tucked into belted shorts/pants. The umpire
must wear a cap to match hislher shirt, 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. (See the umpires dress expectations.) Scorekeepers will not
have an umpire's patch and the shirt needs to be navy, red or white polo style
shirt. It is not mandatory for the scorekeeper to wear a cap.
D . Awards (Trophies & T-shirts)
E. TAAF Fees for teams wanting to participate in TAAF tournaments.
6. All field preparation and equipment, (bases, Diamond Dry, rakes, etc.)will be the
responsibility of the CITY for softball games at Paris Sports Complex, Wise Field and
Culbertson Park. Baseball field preparation will be done by INDEPENDENT
CONTRACTOR.
7. INDEPENDENT CONTRACTOR shall enforce all City of Paris policies and procedures,
including but not limited to the prohibition of the use of alcohol or any tobacco products
while at a City of Paris facility. Profanity and rude gestures will be prohibited while at a City
of Paris facility.
8. The adult softball program will follow T AAF adult softball rules for all leagues and
divisions. Where aT AAF rule is not found, ASA rules will be used. No "home" rules will
implemented. An official team roster shall be turned in to the Parks and Recreation Office
prior to the first game of the season. This roster will be sent to the T AAF main office as
well as kept on file locally. Additional players can not be added to this roster after the second
game.
9. Program space allocation and scheduling will be determined by CITY at its sole discretion.
10. INDEPENDENT CONTRACTOR shall be responsible for set-up and preparation for his or
her respective program and will be prepared to start such program at the scheduled time.
Any changes in the program time must be submitted to and approval in writing by the CITY
at least twenty-four (24) hours prior to the scheduled program time. It will be the
responsibility of the INDEPENDENT CONTRACTOR to notify all registrants of program
times.
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11. CITY reserves the right to cancel any program which fails to meet minimum registration
requirements and refund registration fees without liability or approval of INDEPENDENT
CONTRACTOR.
12. INDEPENDENT CONTRACTOR may advertise for his or herrespective program: however,
all advertisement, news releases, fliers, web sites, etc. 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 SoftballlBaseball League. The INDEPENDENT CONTRACTOR shall
be referred to as the SoftballlBaseball Contractor for the City of Paris.
13. INDEPENDENT CONTRACTOR shall immediately report to CITY any problems,
complaints, injuries, or incidents.
14. INDEPENDENT CONTRACTOR shall, at all times, be and hold himself or herself out to the
public as being an independent contractor. INDEPENDENT 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 INDEPENDENT CONTRACTOR 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. INDEPENDENT CONTRACTOR
shall be responsible for and pay all taxes in connection with this agreement including, but not
limited to, FICA and Social Security, directly to the appropriate governmental agencies. No
withholdings will be made for payroll purposes and no benefits given to INDEPENDENT
CONTRACTOR. CITY, its officers, directors, employees, and agents shall not be liable in any
way for INDEPENDENT CONTRACTOR's failure to report or pay such taxes.
INDEPENDENT CONTRACTOR shall protect, defend, indemnify, save and hold harmless
CITY, its officers, directors, employees, and agents from and against any and all claims,
demands, causes of action, suits, or other litigation in connection with INDEPENDENT
CONTRACTOR's failure to report and pay such taxes.
15. INDEPENDENT CONTRACTOR shall be compensated as follows:
90%) of eross receipts to be paid in two installments per leaeue.
EXCEPTION: Adult Baseball Leaeue will be paid in one final installment. Final
Payment will not be paid until all fees are collected.
16. Compensation will be paid as follows: Payments will be made in aereement with
the City of Paris' financial procedure. A purchase requisition will be issued and
the check will be mailed to INDEPENDENT CONTRACTOR's home address.
First installment will be issued as soon as one-half of all fees are collected. Final
installment will be issued at mid-season if all fees are collected. INDEPENDENT
CONTRACTOR shall provide City a social security number, tax identification number,
or such other information as City shall require.
17. Full refunds shall be issued for all current registrants in a canceled class. All other
cancellations, regardless of circumstances, must be made up at INDEPENDENT
CONTRACTOR's expense.
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18. INDEPENDENT CONTRACTOR does hereby, for himself or herself, his or her heirs,
representatives, successors, affiliates, officers, directors, employees, agents, executors,
administrators, and assigns, protect, defend, indemnify, save and hold harmless, and
forever release, discharge, and acquit the CITY OF PARIS, PARIS, TEXAS, its past,
present, and future officers, elected officials, employees, agents, insurers, and
attorneys of and 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 upon 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.
19. This contract and the services to be provided hereunder may not be assigned,
subcontracted, or in any way transferred by INDEPENDENT CONTRACTOR without
the express written approval and consent of the CITY.
EXECUTED this
day of
,2006
CITY OF PARIS, PARIS, TEXAS
INDEPENDENT CONTRACTOR
Tony N. Williams, City Manager
Steve Coker
ATTEST:
Janice Ellis, City Clerk
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Tony N. Williams,
City Manager of the City of Paris, Paris, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the
purpose and consideration therein expressed and in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
,2006.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Steve Coker,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purpose and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
,2006.
Notary Public, State of Texas
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