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2009-011-RES-AUTHORIZING/APPROVING EXECUTION OF CONTRACT BETWEEN THE CITY AND STEVE COKER RE: BASEBALL AND SOFTBALL PROGRAMSRESOLUTION NO. 2009-011 OF THE CITY COUNCIL OF THE CITY~CTIBETWE N A RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION OF A ONT INSTRUCT AND THE CITY OF PARIS AND STEVE OFT ALL PROGRAMS FOR THE CITY OE COORDINATE THE BASEBALL AND S OTHER FINDINGS AND PROVISIONS RELATED TO TH PARIS; MAKING SUBJECT; AND DECLARING AN EFFECTIVE DATE. arks and Recreation WHEREASthe City Council has been m u tor and coord nator for the City of Paris , er, ln Department's need fo s; and, manag Baseball and Softball program artment of the City of Paris recommends that the Cation okerllto manage, instruct and coordinate the Softball and WHEREAS, the Parks & Recre City continue to contract with of ve Paris; and, Baseball Programs for the City ement, instruction and the form of the Agreement for such manag orated WHEREAS, ro rams, attached hereto and incorp Baseball p g d, and the City Manager should be authorized coordination of the City's Sn abatll hinags d be approve herein as Exhibit A, should 1 to execute the same. SOLVED BY THE CITY COUNCIL OF THE CITY OF PARI , , THEREFORE, BE IT RE NOW TEXAS: in all findin s set out in the preamble of this resolution are hereby Section 1. That the g things approved. osal of Steve Coker for the instruction and De artm lentl~ prop Section 2. That the he eby accepted Programseor the Parks and Recrea io etin all of the terms and conditions included in the Clt~' of Paris Baseball and on Soft said ball Mr. Coker m g conditioned up agreement attached hereto as Exhibit A. of the City of Paris be, and he is oke r authorized anagement Section 3. That the City ManaSer reement with Steve C directed to execute on behalf of the City of Paris an ag n of the City of Paris Baseball and Softball Programs in a orm instruction and coordinatio substantially similar to the form attached hereto as Exhibit A. o f assage. 4. That this resolution shall be effective from and after the date p Sectton PASSED AND APPROVED this 23rd day of February, 2009. Vsse Jam Freelen, Mayor ATTEST: , ~ _ ► ice Ellis, City Clerk pppROVED AS TO FORM: N W. Kent Mcllya ' Attorney INDEPENDENT CONTRACTOR AGREEMENT STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT, the CITY OF PARIS, TEXAS, a home-ruIITY u ainacTF corporation COKERocaWhose Lamar County, Texas, hereinafter referred to as ~ , hone number is mailing address is 635 Ce ar reek ~CTOR do he eby cont ac ~and agree as follows: 903-785-8313 , hereinafter called CONT , and end on Dec~►ber 31. The term of this Agreement will begin on March 1 2009 2009; provided, however, that this Agreement may be terminated earlier upon ination fifteen (15) days written notice from either party to the other. ~ nt for termservi es will not prejudice the CONTRACTOR s right to receive pay rendered through the date of contract termination. and C Softball Adult ONTRACTOR hereby agrees to manage, instruct and coore Cie oAdult f Par s during the term Baseball Leagues for the CITY at facilities located in h of this Agreement. for the Softball 3• CONTRACTOR may utilize the following CITY fields or facilitie 1dSNL F eld duP C F eld o and Adult Baseball Leagues: omnlex Wise and or Prairieland Field. CONTRACTOR agrees to manage and run the Adult Softball and Adult Baseball 4. Leagues in accordance with the following schedu e: 1 ~nnq _ i»ne 2009 C..rina t(l~ball _ lvldi i.ii ~ ~ Industrial Softball _ iul 2009 - October 2009 Fall Softball Sentember 2009 - November 2009 Adult Baseball Ma 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 a odided Baseball ver,ealVprogr, m joint responsibility of CITY and CONTRACTOR; pr registration fees shall be paid directly to the CITY. All fees established herein are agreed to by CONTRACTOR, and such fees may not be 6• changed without prior written approval from CITY. he following direct expenses for the program will be the sole responsibility of 7, T CONTRACTOR: A. Softballs for all games and end of season tournaments. 1 EXHIBITA with B. Hire and pay two umpires per game. T Parks and Recreat on officertif Um~ pires a copy of their certification on file in the 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, ressed. must not socks and athletic shoes. Clothes shaeebe c ~leanap da e undergarment must be be shorter than 6 inches above the kn pP o worn. C. Hire and pay a scorekeeper for each game. The scorekeeper shall dress not professionally. (See the umpires dress exp~~c bel na ) , red or whperpololstyle have an um nlo~'mandatoryfor the slco ekeeper to wear a cap. shirt. It is D. Awards (Trophies & T-shirts) E. TAAF Fees for teams wanting to participate in TAAF tournaments. g. CONTRACTOR shall keep an up-to-date umpire' slog1nth ch game for the Sports Sports Complex with the names of the umplre g a 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 wli ons bi ty of CONTRACTOR. Baseball league field preparation will be the sole resP In the event of inclement weather or poor playing conditio willcancelledinform CONTRACTOR by 2:00 pm whether games will be play CONTRACTOR cannot override the decision e m ofcancellationst Will be the responsibility of the CONTRACTOR to notify all t 10. CONTRACTOR shall enforce all City of Paris P° op any tobacco p butat not limited to the prohibition against the use of alcohol City parks or athletic facilities. Profanity and rude gestures are also prohibited at City parks and athletic facilities. 11. CONTRACTOR shall ensure that coaches, parents and players clean up the ball field upon finishing their games. and 12. CONTRACTOR shall also retrieve and store the Buildinglatt he Sports Complex. end of each day and store them in the Equipment the orts The scoreboard controls must also be turned into from ethe field(s) at WisetF eld pmust Complex at the end of each day. The base 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. 2 13. 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. 14. 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 practices• this includes times when a game is forfeited. 15. 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. 16. 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. 17. CONTRACTOR shall immediately report to CITY any problems, complaints, injuries, or incidents arising from the Recreation Softball/Baseball League. 18. 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. 19. 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. 20. 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 saidpavment shall be made in two installments: the first pa,,.yment being due when at least 50% of total fees are collected and cleared 3 through the Citv's bank the second installment being paid at mid-season. EXCEPTION• Fall Softball League and the Adult Baseball League will be vaid in one final installment Final Payment will not be paid until all fees are collected and cleared. 21. Compensation will be paid as follows: Payments will be made in accordance with the City of Paris' financial procedure GONTRACTOR 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. 22. 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 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. 23. 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. 24. 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 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