2008-023-RES-authorizing and approving the excution of a contract between the city of Paris and Steve Coker to manage, instruct and coordinat teh baseball and softball programs for the city of ParisRESOLUTION NO. 2008-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A
CONTRACT BETWEEN THE CITY OF PARIS AND STEVE COKER TO
MANAGE, INSTRUCT AND COORDINATE THE BASEBALL AND
SOFTBALL PROGRAMS FOR THE CITY OF PARIS; 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 a third-party manager, instructor and coordinator for the City of Paris'
Baseball and Softball programs; and,
WHEREAS, the Parks & Recreation Department of the City of Paris recommends that
the City continue to contract with Steve Coker for management, instruction and coordination 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 the Agreement for such management, 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 an agreement with Steve Coker for the
instruction and coordination of the City of Paris Baseball and Softball Programs in a form
substantially similar to the form attached hereto as Exhibit "A".
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 24th day of Margh, 2008.
Mayor
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar ' Attorney
INDEPENDENT CONTRACTOR AGREEMENT
STATE OF TEXAS
COUNTY OF LAMAR
KNOW ALL MEN BY THESE PRESENTS:
THAT, the CITY OF PARIS, TEXAS, a home-rule municipal corporation located in Lamar
County, Texas, hereinafter referred to as "CITY", and STEVE COKER, whose mailing address is
635 Cedar Creek Paris, TX 75462, and whose phone number is 903-785-8313 , hereinafter
called CONTRACTOR, do hereby contract and agree as follows:
The term ofthis Agreement will begin on March 1. 2008 , and end on December 31, 2008;
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 and Adult
Baseball Leagues for the CITY at facilities located in the City of Paris during the term of this
Agreement.
CONTRACTOR may utilize the following CITY fields or facilities for the Adult Softball and
Adult Baseball Leagues: Sports Complex, Wise Field. NL Field, PJC Field and/or
Prairiland Field.
4. CONTRACTOR agrees to manage and run the Adult Softball and Adult Baseball Leagues in
accordance with the following schedule:
Spring Softball March 2008 - June 2008
Industrial Softball July 2008 - October 2008
Fall Softball September 2008 - November 2008
Adult Baseball May 2008 - October 2008
In the event ofproblems or questions, CONTRACTOR must attend all softball games
or designate an adult under his supervision "In Charge" during his absence.
5. League and team registration for the Adult Softball and Baseball leagues will be the joint
responsibility of CITY and CONTRACTOR; provided however, all program registration fees shall
be paid directly to the CITY.
6. All fees established herein are agreed to by CONTRACTOR, and such fees may not be changed
without prior written approval from CITY.
7. The following direct expenses for the program will be the sole responsibility of CONTRACTOR:
A. Softballs for all games and end of season tournaments.
B. Hire and pay two umpires per game. T'he 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.
EXHIBIT g
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.
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 Sports Complex, and Wise
Field. If CONTRACTOR is not at games, the person "In Charge" should be noted in this log,
also.
9. Field preparations for all softball leagues will be the sole responsibility of CITY. Baseball
league field preparation will be the sole responsibility of CONTRACTOR. In the event of
inclement weather or poor playing conditions, CITY will inform CONTRACTOR by 2:00 pm
whether games will be played or cancelled. CONTRACTOR can not override the decision
made by CITY. It will be the responsibility of the CONTRACTOR to notify all teams of
cancellations.
10. 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.
11. CONTRACTOR shall also retrieve and store the bases from Field 1 and Field 2 at the end of
each day and store them in the Equipment Building at the Sports Complex. The scoreboard
controls must also be turned into the concession stand at the Sports Complex at the end of each
day. The bases from the field(s) at Wise Field must also be picked up and stored in the men's
restroom or locked starage box under scorekeeper's box at the end of each day.
12. CONTRACTOR shall ensure that the adult softball program follows TAAF adult softball rules
for all leagues and divisions. Where a TAAF rule is not found, ASA rules will be used. No
"home" rules will implemented.
13. CONTRACTOR shall submit a schedule to the City's 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 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.
14. CITY reserves the right to cancel any program which fails to meet minimum registration
requirements and refund registration fees without approval from or liability to
CONTRACTOR.
15. CONTRACTOR must actively advertise for his respective Adult softball and baseball
programs to increase participation. All advertisements, news releases, fliers, web sites, etc.
must be reviewed and approved by CITY in writing prior to distribution. The program shall
be referred to as the City of Paris Parks and Recreation SoftballBaseball League. The
CONTRACTOR shall be referred to as the SoftballBaseball Contractor for the City of Paris.
16. CONTRACTOR shall immediately report to CITY any problems, complaints, injuries, or
incidents arising from the Recreation SoftballBaseball League.
17. CONTRACTOR shall, at all times hold himself out to the public as being an 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 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. 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 City benefits.
CITY, its officers, directors, employees, and agents shall not be liable in any way far
CONTRACTOR's failure to report or pay any Federal, State or Local taxes. CONTRACTOR
hereby agrees to release, defend, indemnify, and hold harmless CITY, its officers,
directors, 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.
18. CONTRACTOR shall deposit all program/registration fees received on a weekly basis to the
City of Paris Finance Office, located at 135 SE 1 St Street, Paris, Texas 75460.
19. In consideration of the CONTRACTOR's performance of all duties and obligations set out
herein, the City will remit 85% of gross receiats from registration fees to CONTRACTOR
said pavment shall be made in two installments• the first pgyment being due when at
least 50% of total fees are coltected and cleared through the City's bank_ the second
installment being aaid at mid-season.
EXCEPTION: Fall Softball League and the Adult Baseball League will be paid in one
final installment. Final Payment will not be aaid until all fees are collected and cleared
20. 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 fifty percent (50% of total
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 into CITY, a second and final invoice must be submitted bv
CONTRACTOR for a final check to be cut and mailed.
21. In the event a league is cancelled at CITY's request, CONTRACTOR shall refund registration
fees to the teams/players who paid their registration fee for the cancelled program. Refunds
shall be issued to any paid teams or players. All other cancellations, regardless of
circumstances, must be made up at CONTRACTOR's expense.
22. 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, for 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
Signature
Kevin Carruth, City Manager
STATE OF TEXAS
COUNTY OF LAMAR
CONTRACTOR
Signature
Steve Coker
BEFORE ME, the undersigned authority, on this day personally appeared Kevin Carruth,
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _day of March, 2008.
STATE OF TEXAS
COUNTY OF LAMAR
Notary Public, State of Texas
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, 2008.
Notary Public, State of Texas