08 ContractCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department-
Presented By:
Agenda Item No.:
02/13/09
Parks Dept. 43
Shawn Napier, P.E. City.Engineer
8.
~~cil Date:
/Director of Public Works
02l23/09
RECOMMENDED MOTION: Move to approve a resolution authorizing an independent contractor
agreement with Steve Coker for managing and coordinating adult league softball and baseball and
authorizing the City IVlanager to negotiate and execute all necessary documents.
PoLICY IssuE(s):
Contract
BACKGROUND:
Three years ago the City went up on the percentage amount we retain from 10% to 15%. Last year Mr.
Coker changed the fees from $400 per team to $425 per team. Last year we did a comparison with other
cities to see what they charged per team and we were $100 above the average of the other leagues we
compared ourselves to. The fields are also used by the YWCA and PJC girls' softball. Mr. Coker hires
all of the umpires and makes the schedule for the various leagues. There are no changes in the proposed
Agreement from last year's ageement.
BOARD/CAMMISSION RECOMMENDATION:
N/A
E XHIBITS:
Resolution and Agreement
AC'TION:
BUDGET INFO: The Sports Complex is not broken
❑ Financial Report ❑ Minute Order
out in the numbers below.
❑
Department Report
Z Resolution
Expense
$
❑
Presentation
❑ Ordinance
Budgeted Amt
$ 101,266
❑ Public Hearing
❑ Other
yT'D Actual
$ 25,749.74
Acct Name
Utilities - Electricity
Acct Number
01-0308-43-00
FISCAL NOTES:
REVIEWED AND APPROVED BY:
~ Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
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DRAFT
attorney\reswork\current\Baseball Program Contract - Coker Res 2009
RESOLUTION N0.
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 FIIVDINGS 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 to manage, instruct and coordinate the
Softball and Baseball Programs for the City of Paris; and,
WHEREAS, the form of the Agreement for such management, instruction and
coordination of the City's Softball and Baseball programs, attached hereto and incorporated
herein 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, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby iri
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
management, 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.
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PASSED AND APPROVED this 23rd day of February, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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INDEPENDENT CONTRACTOR AGREEMENT
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR )
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 of this Agreement will begin on March 1. 2009 , and end on December 31.
2009; 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.
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.
3. CONTRACTOR may utilize the following CITY fields or facilities forthe Adult Softball
and Adult Baseball Leagues: Snorts Complex Wise Field. NL Field. PIC Field
and/or Prairieland Field.
4. COIVTRACTOR agrees to manage and run the Adult Softball and Adult Baseball
Leagues in accordance with the following schedule:
Spring Softball March 2009 - june 2009
Industrial Softball JuIX 2009 - October 2009
Fall Softball September 2009 - November 2009
Adult Baseball May 2009 - October 2009
In the event of problems 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.
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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.
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.
8. 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 cannot 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 seoreboard 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 storage 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 be implemented.
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13. 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 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.
CONTRACTOR shall inform all teams that the Sports Complex fields are not available
for 12ractices• this includes times when a game is forfeited.
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 Softball/Baseball League. The CONTRACTOR shall be referred to as the
Softball/Baseball Contractor for the City of Paris.
16. CONTRACTOR shall immediately report to CITY any problems, complaints, injuries,
or incidents arising from the Recreation Softball/Baseball League.
17. CONTRACTOR covenants and agrees that CONTRACTOR is an independent
contractor and not an officer, agent, servant or employee of CITY; that
CONTRACTOR shall have exclusive control of and exclusive right to control the
details of the work performed hereunder and all persons performing same, and shall
be responsible for the acts and omissions of- its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of respondeat
superior shall not apply as between CITY and CONTRACTOR, its officers, agents,
employees, contractors, subcontractors and consultants, and nothing herein shall be
construed as creating a partnership or joint enterprise between CITY and
CONTRACTOR.
18. CONTRACTOR shall deposit all program/registration fees received on a weekly
basis to the City of Paris Finance Office, located at 135 SE 1St 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 receipts from registration fees to
CONTRACTOR said payment shall be made in two installments: the first
pa,yment being due when at least 50% of total fees are collected and cleared
through the Citv's bank the second installment being paid at mid-season.
EXCEPTION• Fall Softball League and the Adult Baseball League will be
paid in one final installment Final Payment will not be paid until all fees are
collected and cleared.
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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 f50%1 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. 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 Ciry 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 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.
22. 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.
23. 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
CONTRACTOR
Signature
Steve Coker
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STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Kevin
Carruth, City Manager, City of 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 February, 2009.
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 .2009.
Notary Public, State of Texas
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