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2010-024 RES EXECUTION OF CONTRACT BETWEEN COP AND STEVE COKER TO MANAGER, INSTRUCT AND COORDINATE SOFTBALL PROGRAM FOR COPRESOLUTION NO. 2010-024 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 SOFTBALL PROGRAM 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 Softball program; 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 Program for the City of Paris; and, WHEREAS, the form of the Agreement for such management, instruction and coordination of the City's Softball program, 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 in all things approved. Section 2. That the proposal of Steve Coker for the instruction and coordination of the City of Paris Softball Program 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 Softball Program 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 22nd day of February, 2010. sse Jam s Freelen, Mayor ATTEST: J nice Ellis, City Clerk APPROVED AS TO FORM: c-X2 W. Kent McIlyar, ity A torney 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, herein called CITY, and STEVE COKER, whose mailing address is 635 Cedar Creek Paris. TX 75462, and whose phone number is 903-785-8313 . hereinafter called INDEPENDENT CONTRACTOR, do hereby contract and agree as follows: 1. The term of this Agreement will begin on March 1. 2010 , and end on December 31. 2010; 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 INDEPENDENT COIVTRACTOR's right to receive payment for services rendered through the date of contract termination. 2. INDEPENDENT COIVTRACTOR hereby agrees to manage, instruct and coordinate the Adult Softball League for the CITY at facilities located in the City of Paris during the term of this Agreement. 3. INDEPENDENT CONTRACTOR may utilize the following CITY fields or facilities for the Adult Softball League: Snorts Complex. Wise Field. 4. INDEPENDENT CONTRACTOR agrees to manage and run the Adult Softball League in accordance with the following schedule: Spring Softball March 2010 -June 2010 Industrial Softball July 2010 - October 2010 Fall Softball September 2010 - November 2010 In the event of problems or questions, INDEPENDENT CONTRACTOR must attend all softball games or appoint a person "In Charge" during his absence. 5. League and team registration for the Adult Softball Leagues will be the joint responsibility of CITY and INDEPENDEIVT CONTRACTOR; provided however, all program registration fees shall be paid directly to the CITY. 6. The fees to be set by INDEPENDENT CONTRACTOR and agreed to by City prior to beginning of the season. 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 INDEPENDENT CONTRACTOR: A. Softballs for all games and end of season tournaments. EXHIBIT A. 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. INDEPENDENT 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 INDEPENDENT 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. In the event of inclement weather or poor playing conditions, CITY will inform INDEPENDENT CONTRACTOR by 2:00 pm whether games will be played or cancelled. INDEPENDENT CONTRACTOR cannot override the decision made by CITY. It will be the responsibility of the INDEPENDENT CONTRACTOR to notify all teams of cancellations. 10. INDEPENDENT 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. INDEPENDENT COIVTRACTOR 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. In the event that the concession stand is closed, the score box MUST be dropped in the slot at the maintenance building by the pavilion. Score boxes will not be taken home by scorekeepers. 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 the scorekeeper's box at the end of each day. 12. INDEPENDENT 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. INDEPENDENT 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.) INDEPENDENT CONTRACTOR shall submit a schedule to the 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 INDEPENDENT CONTRACTOR to notify all registrants of schedule changes. INDEPENDENT CONTRACTOR shall inform all teams that the Sports Complex fields are not available for practices; 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 liability or approval of INDEPENDENT CONTRACTOR. 15. INDEPENDENT CONTRACTOR must actively advertise for his respective Adult softball and baseball programs to increase in participation. All advertisements, news releases, fliers, web sites, etc. must be reviewed and approved in writing by CITY prior to distribution. The program shall be referred to as the City of Paris Parks and Recreation Softball League. The INDEPENDENT CONTRACTOR shall be referred to as the Softball Contractor for the City of Paris. 16. INDEPENDENT CONTRACTOR shall immediately report to CITY any problems, complaints, injuries, or incidents arising from the Recreation Softball/Baseball League. 17. INDEPEIVDENT CONTRACTOR shall, at all times hold himself out to the public as being an independent contractor. INDEPENDENT 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 INDEPENDENT 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. INDEPENDENT CONTRACTOR shall be responsible for paying and/or withholding 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 INDEPENDENT CONTRACTOR shall accrue no benefits. CITY, its officers, directors, employees, and agents shall not be liable in any way for INDEPENDENT CONTRACTOR's failure to report or pay any Federal, State or Local taxes. INDEPENDENT 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 INDEPENDENT CONTRACTOR's failure to report, withhold or pay any such taxes. 18. INDEPENDENT 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. 19. In consideration of the INDEPENDENT CONTRACTOR's performance of all duties and obligations set out herein, the City will remit 85% of$ross receipts from registration fees to INDEPENDENT CONTRACTOR said a ment shall be made in two installments one paKment when at least 1/2 of total fees is collected and cleared with the second installment being paid at mid-season. EXCEPTION: Fall Softball Lea ue will be aid in one final installment. Final Pa ment will not be aid until all fees are collected and cleared. 20. Compensation will be paid as follows: Payments will be made in agreement with the Ci of Paris' financial rocedure. INDEPENDENT CONTRACTOR will submit an invoice for one-half of monies owed when at least half of all fees have been collected. A Purchase Re uisition will be made and a check sent to INDEPENDENT CONTRACTOR'S home address. When all fees have been collected and turned in to CITY a second and final invoice must be submitted bv INDEPENDENT CONTRACTOR for a final check to be cut and mailed. 21. INDEPENDENT CONTRACTOR shall provide a complete written financial accounting showing all monies received and all paid receipts to the City of Paris Recreation Supervisor at the end of each league, i.e. (Spring, Industrial & Fall). 22. In the event a league is cancelled at CITY's request, INDEPENDENT CONTRACTOR shall refund registration fees to the teams/players that 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 INDEPENDENT CONTRACTOR's expense. 23. INDEPENDENT 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 and against any and all claims, suits, actions, causes of action, demands, damages, costs, expenses, attorney's fees, and other compensation, whether 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 subject to this Agreement. CITY OF PARIS INDEPENDENT CONTRACTOR Signature Signature Kevin Carruth, City Manager Steve Coker STATE OF TEXAS ) ) COUNTY OF LAMAR ) 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 February, 2010. 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 February, 2010. Notary Public, State of Texas