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12-APPROVE CONTRACT FOR MANAGEMENT AND OPERATION OF ADULT SOFTBALL PROGRAMItem No. 12 memo�andum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: ADULT SOFTBALL DATE: January 18, 2013 BACKGROLTND: Steve Coker has for many years managed the city's adult softball program, with his contract expiring every winter. We recently issued a request for proposals to manage the program in 2013-14, and did receive interest from various potential vendors. However, in the end, only Mr. Coker submitted an actual proposal. STATUS OF ISSUE: To the best of my knowledge, Mr. Coker has complied with the contract in past years and has done a satisfactory job of running the program for a very long period of time. We therefore feel comfortable in awarding a contract renewal to him. One change I do suggest is the expansion of the contract from one year to three. Going through the RFP process every year when there is almost always a single vendor anyway, is, I believe, unnecessary work both for city staff and for Mr. Coker. BUDGET: NA. RECOMMENDATION: Approve new three-year contract with Steve Coker to manage adult softball program. AGREEMENT FOR 2013 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 after 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, 2013 , and end on December 31, 2015; 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 far services rendered through the date of contract termination. 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. CONTRACTOR may utilize the following CITY fields ar facilities for the Adult Softball League: Sports Comnlex, Wise Field. 4. CONTRACTOR agrees to manage the following schedule: Spring Softball Industrial Softball Fall Softball Winter Softball Spring Softball Industrial Softball Fall Softball Winter Softball Spring Softball Industrial Softball Fall Softball Winter Softball and run the Adult Softball Program in accordance with Apri12013 - June 2013 July 2013 - October 2013 September 2013 - November 2013 November 2013 — December 2013 Apri12014 - June 2014 July 2013 - October 2013 September 2014 - November 2014 November 2014— December 2014 Apri12015 - June 2015 Julv 2015 - October 2015 September 2015 - November 2015 November 2015 — December 2015 CONTRACTOR must attend all softball games personally or designate a qualified and responsible adult as the "Person in Charge" during any absence, to answer Page 1 of 5 questions and handle any problems that may arise. 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 in the Agreement and in the Proposal Form attached hereto as Exhibit, "A" 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 far 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 Page 2 of 5 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 will be determined by CITY at its sole discretion. All schedule changes and "add-on" games must be submitted at least 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 Page 3 of 5 claim any right arising from employee status. Nothing contained herein shall authorize CONTRACTOR to assume ar 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 programhegistration fees received on a weekly basis to the City of Paris Finance Office, located at 135 SE lst Street. 21. In consideration of the CONTRACTOR'S performance of all duties and obligations set out in this Agreement, the City will remit 85% of gross receipts received from registration fees to CONTRACTOR, said pavment will be made in two installments; the first pavment will be made when at least one-half of all re�istration fees have been collected and cleared with the second installment being paid at mid-season. EXCEPTION: Fall and Winter Softball Leagues will be paid in one installment. This Pavment will not be paid until all fees are collected and cleared. 22. Compensation will be paid as follows: Payments will be made in accordancewith the Citv 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, (i.e., 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. Page 4 of 5 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 ar 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. 26. CONTRACTOR must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy or policies of insurance, providing at least $300,000.00 per occurrence and $600,000.00 aggregate for bodily injury or death and $300,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of CONTRACTOR, its agents, servants, or employees, and shall pay all premiums due thereon when due. The City of Paris, its elected officials, officers and employees shall be named as an additional insured on all insurance policies. 27. Neither this Agreement nor any duties or obligations contained herein may be assigned or sub-contracted to a third party without prior written authorization from the City Manager for the City of Paris, Texas. 28. This Agreement shall be governed by the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas; therefare exclusive venue for any disputes arising from this Agreement shall be in Lamar County, Texas. IN WITNESS WHEREOF the parties have executed this Agreement in multiple originals. CITY OF PARIS, TEXAS CONTRACTOR John Godwin, City Manager Steve Coker Page 5 of 5 TO FROM: PROPOSAL FORM Honorable Mayor, City Council and City Manager ��G� � E�. �d�ei�' (Name of Person or Company) 6 �� C�� C��e� �e�o, T ��a (Address) ��3-- ��- �`��8 (Phone Number) (I)(We) hereby submit the following proposal in accordance with the attached specifications for the Managing and Coordinating the Adult Softball Leagues for the City of Paris. (I}(We) will provide the City of Paris j 5 % of all monies collected through registration fees for the Adult Softball Leagues; Spring, Industrial, Fall and Winter. , � ,+ ��1C Ceo� ;.c�ex cef�fi�e� 3�'jS " ��%G� rrre�' (I)(We) will charge each team a fee of $�t J�4��g �'� o particig�te m a City af Pans � � � a�� Softball League. t�r� 5'`'-' � 1�� e�i�,,�(�,) ��t _�,9 (Signature of Person Submitting Proposal) c` � � '�,�� 1� � lZ (Date) % REFERENCES 1.) C�NTACT NAME: C� �K � �J C u r,-i FULL MAILING ADDRESS: I�a� S� L��- LPq f �r� � e� ��r� ) � l �- '7S 4�� PHONENUMBER: ��3� ��S�D�aS / �'�3'%8�/-�q�'9 , � SIGNIFICANCE OFREFERENCE: _��, `��(� ` G ! �� uCu� ��L /" t�%'� a 1 UyU�u ��PCvrr` 1� O� ��aQ i� `t�� 1tre� �� y2c;c.r� . 2.) CONTACT NAME: \I J Y� C� 5�ei�' FULL MAILiNG ADDRESS: � 3D Sc,J � 3 f� _ �� X . %��D PHONE NUMBER: �� 3 � � $ y '�'9� � w � SIGNIFICANCE OF REFERENCE: �rn Y(as- p(�y� 1'h �'1'� y��Gt�j•�e3" � / —r— c� �� IOs�r� flP c��s� (,e�n/,�ire s' �� rne � c`fs De�i O�� L%-� v ��( 3.) CONTACT NAME: �u ��S /r7 � � FULL MAILING ADDRESS: 5b a 5�� {�Gtr►s, �. '%S `��O � PHONE NUMBER: �D 3��1 �S'D 5 Lf �-- 7�ar , SIGNIFICANCE OF REFERENCE: lC��u f' �S (� �in V►'i� Sd fi�,E�GL � ` �Q Cc.Cs LC itC�J /�� Vj't �� u�ic� i t' " .�n , 4.) CONTACT NAME: ��'�it(',(C� �U� FULL MAILING ADDRESS: a 3 g �� U� �� Qr� S, /u . �1 `� �f � � PHONE NUMBER: �U � ' � ��"� � � SIGNIFICANCE OF REFERENCE: ��.��(� �G�S y�! y,�p� ,�+COQ�.Q,�/ ✓� f%�1 �'o�"�h�%( t eQ�c.E� ��v��- /�C� c�xcs" �,vrfl� .��vt�uce�1 ��sT . ADULT SOFTBALL LEAGUE SPECIFICATIONS The management and coordination of the Adult Softball Leagues shall cover all leagues; Spring, Industrial, Fall, and Winter. Adult games will be held at the City of Paris Sports Complex, located at 2005 S. Collegiate and at Wise Field, located at 638 SW 4`� Street (if needed). The CONTRACTOR shall submit registration fee amounts for each league prior to the league starting. It is the purpose of these specifications to grant the CONTRACTOR the right to manage and coordinate the Adult Softball Leagues based on the following: 1. The CONTRACTOR agrees to manage, instruct and coordinate Adult Softbail Leagues for the City of Paris at the facilities mentioned above. 2. The CONTRACTOR agrees to attend all softball games or must appoint a person "In Charge" during his/her absence. 3. Registration fee collection for the Adult Softball Leagues will be the joint responsibility of CITY and the CONTRACTOR; however, a11 program registration fees shall be paid directly to the CITY. 4. All fees are established by CONTRACTOR and such fees rnay not be changed wiihout prior written approval from CITY. 5. The following direct expenses for the program will be the sole responsibility of the CONTRACTOR: i. TAAF/ASA approved softballs for a11 games and end of season tournaments. ii. Hire and pay two umpires per game. The umpires must be ASA certified, with copies of their certifications on file in the Parks and Recreation office. Umpires shall dress professionally, wearing denim, navy or khaki shortslpants 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 also 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. iii. Hire and pay a scorekeeper for each game. The scorekeeper shall dress professionally. (See the unnpires 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. iv. Awards (Team Trophy & Player T-shirts for ls`, 2°a & 3rd place of each League) v. TAAF/ASA Fees for teams participating in TAAF/ASA tournaments. 6. The folIowing direct expenses for the program will be the sole responsibility of the CITY: i. Field preparations for games and tournaments ii. Bases for game and tournament use iii. Utilities will be paid for by CITY 7. 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 at the respective fields. If CONTRACTOR is not at games, the person "In Charge" should be noted in this log, also. 8. In the event of inclement weather or poor playing conditions, CITY will inform CONTRACTOR by 2:00 pm whether games will be played or canceiled. CONTRACTOR cannot override the decision made by CITY. Tt will be the responsibility of the CONTRACTOR to notify all teams of cancellations. 9. 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 prohibited at City parks and athletic facilities. CONTRACTOR will support the "No outside Food or Drink" policy at the Sports Complex. 10. CONTR.ACTOR shall retrieve 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 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. 11. 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. 12. CONTRACTOR or his/her designee will inspect bats being used at every game. Illegal bats or bats thought to be illegal shall not be permitted. CONTRACTOR shall provide each team with a current ASA BANNED BAT list. 13. All information handouts given to players by CONTR.ACTOR shall also be given to the Recreation Supervisor. I4. CONTRACTOR shall make every effort to schedule multiple games per day on both fields when they are available. (Rain outs aze an exception to this request.) 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 CONTR.ACTOR to notify all registrants of schedule changes. CONTR.ACTOR shall inform all teams that the Sports Complex fields are not available for practices; this includes times when a game is forfeited. 15. CONTRACTOR must actively advertise for his respective Adult Softball Leagues 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 Pazks and Recreation Softball League. The CONTRACTOR shall be referred to as the Softball Contractor for the City of Paris. 16. CONTRACTOR sha11 immediately report to CITY any problerns, complaints, injuries, or incidents arising from the Recreation Softball League. 17. 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. 18. CONTRACTOR shall, at ail 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 creafe 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 contrac# 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 employee 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, and causes of action, suits, or other litigation in connection with CONTR.ACTOR'S failure to report and pay such taxes. 19. CONTRACTOR shall deposit all program/regisfration fees received on a weekly basis to the City of Paris Finance Office, located at 135 SE 1S` Street. 20. Compensation will be based on what was approved during the proposal process with said payment being made in two installments; one payment when at least '/z of total fees is collected and cleared with the second installment being 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. 21. Compensation will be paid as follows: Payments wili 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 CONTR.ACTOR'S home address. When all fees have been collected and turned in to CITY, a second and final invoice must be submitted by CONTR.ACTOR for a final check to be cut and mailed. 22. CONTRACTOR shall present a complete, itemized financial report showing all revenues and expenses related to the program, to the City of Paris Recreation Supervisor within two weeks of the last game of each league, i.e. Spring, Industrial, Fall & Winter. All supporting documents shall be subject to inspection by the City upon request. 23. 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. 24. CONTRACTOR shall include a list of references of persons familiar with his/her ability to manage a softball league. (Page attached to be coznpleted.) 25. Unless waived by the CiTy Manager, (1) the CONTRACTOR shall provide proof of a current general commercial liabiliTy insurance policy with a$250,000/person and $500,000/aggregate minimum policy limits ($500,000/$1,000,000 preferred) (2) Contractor's must also provide a rider to his CGL Policy that names the Ciry of Paris, it's elected o�cials, officers and employees as an Additional Insured under this policy. The contractor should also show proof of carrying minimum Workers Compensation insurance for his workers/employees as required by State law. 26. The City of Paris reserves the right to reject any or all proposals, to waive any informality in bidding and to award the contract as may be most advantageous to the City. Term: One year