2012-010 RES AUTHORIZING/APPROVING EXECUTION OF CONTRACT BETWEEN COP AND STEVE COKER TO COORDINATE SOFTBALL PROGRAMRESOLUTION NO. 2012-010
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 Interim 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 13th day of February, 2012.
ATTEST:
)ice Ellis, City Clerk
APPROVED AS TO FORM:
~
W. Kent McIlya , City Attorney
AGREEMENT FOR
2012 CITY OF PARIS
SOFTBALL PROGRAM
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
CONTRACTOR, do hereby contract and agree as follows:
The term of this Agreement will begin on MarCh 1, 2012 , and end on December 31,
2012; 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.
2. CONTRACTOR hereby agrees to manage, instruct and coordinate Adult Softball 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 for the Adult Softball
League: Sports Complex, Wise Field.
4. CONTRACTOR agrees to manage and run the Adult Softball in accardance with the
following schedule:
Spring Softball April 2012 - June 2011
Industrial Softball July 2012 - October 2012
Fall Softball September 2012 - November 2012
Winter Softball November 2012 - December 2012
In the event of problems or questions, 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 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. TAAF/ASA approved softballs for all games and end of season tournaments.
The same brand, size and core hardness must remain the same through the entire league.
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 umpire's log in the Concession Stand at the Sports
Complex with the names and phone number of the umpires calling each game at 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. 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. CONTRACTOR will support the "No outside Food or Drink" policy at
the Sports Complex. Per city ordinance, dogs are not allowed at the Sports Complex.
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
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. 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. This includes the rules for teams to qualify as an Industrial or Church team. There
will be no "home" rules unless approved in writing by the Recreation Supervisor.
13. CONTRACTOR or his/her designee will inspect bats being used at every game. Illegal
bats, altered bats or bats thought to be illegal shall not be permitted. CONTRACTOR
shall provide each team with a current ASA BANNED Bat list and umpires shall learn
this list.
14. All information handouts given to players by CONTRACTOR shall also be given to the
Recreation Supervisor.
15. 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 Recreation Supervisor for each league.
Schedule approval and field allocation wi11 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.
16. CITY reserves the right to cancel any program which fails to meet minimum registration
requirements and refund registration fees without liability or approval of
CONTRACTOR.
17. 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 in writing by CITY prior to distribution. The
program shall be referred to as the City of Paris Parks and Recreation Softball League.
The CONTRACTOR shall be referred to as the Softball Contractor for the City of Paris.
18. CONTRACTOR shall immediately report to CITY any problems, complaints, injuries, or
incidents arising from the Recreation Softball/Baseball League.
19. CONTRACTOR shall, at all times hold himself out to the public as being an independent
contractor. 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
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. 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 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 CITY, its officers, directors and 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.
20. CONTRACTOR shall deposit all program/registration fees received on a weekly basis to
the City of Paris Finance Office, located at 135 SE 1 s` Street.
21. In consideration of the CONTRACTOR's performance of all duties and obligations set
out herein, the City will remit 85% of gross receiqts from registration fees to
CONTRACTOR, said pavment shall be made in two installments; one pavment
when at least of total fees is collected and cleared with the second installment
beim paid at mid-season.
EXCEPTION: Fall and Winter Softball Leagues will be paid in one final
installment. Final Payment will not be paid until all fees are collected and cleared.
22. Compensation will be paid as follows: Pavments will be made in agreement
with the City of Paris' financial procedure. CONTRACTOR will submit
an invoice for one-half of monies owed when at least half of all 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 in to CITY, a second and final invoice must be submitted by
CONTRACTOR for a final check to be cut and mailed.
23. CONTRACTOR shall present a complete, itemized financial report with all monies
received and all paid receipts to the City of Paris Recreation Supervisor within two weeks
of the last game of each league, ie, Spring, Industrial, Fall and Winter. The financial
report shall include, but not limited to: names of persons paying fees, paid receipts for
supplies, canceled checks showing payments, itemized umpires lists with payment
amounts, etc.
24. In the event a league is cancelled at CITY's request, 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 CONTRACTOR's expense.
25. 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, 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 the subject hereof.
CITY OF PARIS
CONTRACTOR
Signature Signature
Gene Anderson, Interim City Manager Steve Coker
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Gene
Anderson, Interim 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, thisl3th day of February,
2012.
STATE OF TEXAS )
)
COUNTY OF LAMAR )
Notary Public, State of TeXas
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 13`1' day of February,
2011.
Notary Public, State of Texas