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
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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.
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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.
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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
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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
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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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