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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 . 00OU2v 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. . 00u02%'1 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 ■ 00002`3 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. i EX~~~~TA UU0 0 2 ~,j 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. a M U«012 1) 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. 3 . 0 0 0 b 2'l 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 4 , t10002k'~ 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 5 . (JO002i