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08-B Baseball Contract - Coker CITY OF PARIS, TEXAS CITY COUNCIL AGENDA REQUEST MEETING DATE: 13-12-2007 rgJAction D Discussion Dlnformation DRefer to: SUBMITTED BY: I Parks Department DESCRIPTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PARIS AND 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. BACKGROUND INFORMATION: The changes from last years contract includes the following: weekly deposits made to the Finance Dept., changing the gross amount paid to the contractor from 90% to 85% and changes have been made to the schedule that will save the city money on electricity, manpower, equipment and material. The contractor has changed the schedule so they will play on only one field for all nights except Monday. This should result in a savings of approximately 30%. FISCAL AUTHORITY: BUDGETED: Yes Account #: Revenue from Softball Fees GRANT: Account #: BOND / C 0 Account #: Other: See attached for recommended funding LEGAL REVIEW: I MANAGER'S RECOMMENDATION: 1'"' -. DRAFT F:ATTORNEY\RESOWRKICURRENTlBaseball Program Contract - Coker Res 2007 February 5, 2007 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PARIS AND 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, 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 ofthe terms and conditions included in the agreement attached hereto as Exhibit A. Section 3. That the City Manager ofthe 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. 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 Recreation Supervisor, Sally Wright, duly authorized, herein called CITY, and STEVE COKER, whose mailing address is 635 Cedar Creek Paris. TX 75462 , whose social security number or tax identification is 462-27-5370 , and whose phone number is 903-785-8313 , hereinafter called INDEPENDENT CONTRACTOR, do hereby contract and agree as follows: 1. The term of this Agreement will begin on March 1. 2007 , and end on Decem ber 31. 2007 , 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 Lea&ues . The fee per person/team shall be $ various. The maximum number of persons permitted to take part in such program is N/ 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. PJC Field and/or Prairiland Field. The dates and times which such programs will take place as follows: Sprin& Softball March 2007 - June 2007 Industrial Softball July 2007 - October 2007 Fall Softball September 2007 - November 2007 Adult Baseball May 2007 - October 2007 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 are agreed to by INDEPENDENT CONTRACTOR, 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. 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, 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. e. 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. T AAF Fees for teams wanting to participate in T AAF tournaments. EXHIBIT !.. r ._o-d" ..-.-.- 6. INDEPENDENT CONTRACTOR shall keep an up-to-date umpire's log in the Concession Stand at the Sports Complex with the names of the umpires calling each game for the Complex, Wise and Baseball. 7. INDEPENDENT CONTRACTOR shall enforce all City of Paris policies and procedures, including but not limited to the use of alcohol or any tobacco products will be strictly prohibited while at a City of Paris facility. Profanity and rude gestures will be prohibited while at a City of Paris facility. 8. At the end of each day, the bases from Field 1 and Field 2 must be put in the Equipment Building at the Sports Complex and put in the men's restroom or storage box at Wise Field. The scoreboard controls must be turned into the concession stand at the Sports Complex at the end of each day. 9. 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. 10. Program space allocation and scheduling will be determined by CITY at its sole discretion. 11. 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. 12. 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. 13. INDEPENDENT CONTRACTOR must advertise for his or her respective program: and 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. 14. INDEPENDENT CONTRACTOR shall immediately report to CITY any problems, complaints, injuries, or incidents. 15. 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. 16. INDEPENDENT CONTRACTOR shall make all fee deposits weekly to the City of Paris Finance Office, located at 135 SE 1 sl Street. 17. INDEPENDENT CONTRACTOR shall be compensated as follows: 850/0 of gross receipts to be paid in two installments per league. EXCEPTION: Fall Softball Lea2ue and the Adult Baseball Lea2ue will be paid in one final installment. Final Payment will not be paid until all fees are collected. 18. Compensation will be paid as follows: Payments will be made in a2reement with the City of Paris' financial procedure. INDEPENDENT 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 INDEPENDENT CONTRACTOR'S home address. When all fee have been collected and turned in to CITY. a second and final invoice must be submitted by INDEPENDENT CONTRACTOR for a final check to be cut and mailed. 19. 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. 20. INDEPENDENT CONTRACTOR does hereby, for himself or herself, his or her heirs, representatives, successors, affiliates, officers, directors, employees, agents, executors, administrators, and assigns 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. CITY OF PARIS INDEPENDENT CONTRACTOR Signature Ernest R. Clark, Interim City Manager Signature Steve Coker STATE OF TEXAS ) ) ) COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Ernest R. Clark, Interim City Manager, 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. r - -.^ ^^^-- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _day of March, 2007. 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 March, 2007. Notary Public, State of Texas r>-->....