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HomeMy WebLinkAboutContract 35148 (2)CPTY SECRETi�RY � ,., ��fvT�A�� n��a. `�-��lj�' � CONTRACT AGREEMENT BETWEEN THE THE CITY OF FORT WORTH AND THE YOUTH SPORTS COUNCIL OF FORT WORTH, INC. STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH ("City"), a home municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, and THE YOUTH SPORTS COUNCIL OF FORT WORTH, INC. ("Contractor"), a Texas non-profit corporation, both parties acting herein by and through their duly authorized representatives. NOW THEREFORE, in consideration of the mutual covenants herein expressed, City and Contractor agree as follows: 1. OPERATING RIGHTS AND DUTIES. A. City hereby grants to Contractor the license and right to operate and manage the municipal youth sports program (hereinafter referred to as the "Program") located in Fort Worth, Texas. B. The Program shall be operated as public service open to members of the public under the ordinances, rules and regulations of the City of Fort Worth and the Parks and Community Services Department and in strict accordance with all of the terms and conditions provided for in this Agreement. C. The City has budgeted a total of $255,505 annually for the operation and staffing of this program. The City will allocate these funds to the Contractor in exchange for the operation and programming of the Program. All expenses and reimbursements must be directly related to the administration and coordination of the Program. In the event that the City Council has not appropriated these funds by the applicable date, this contract shall terminate pursuant to the termination terms and conditions of this Agreement pursuant to Section 18 herein. D. In addition to the budgeted funds listed in Subsection C, the City will allocate additional funds in the amount of $16,100 in order to subsidize � yo�th ,- �� ,; i ,,.:. � ,, � �vJ�''� ,�� .._ �,..�,- .a,�l�'j1'�j�leil',`i �:iiJ� c.���ai�ur!;:� ����;�1 �,"'i s'?,�;i a �':���:%jJ,.���1� UfSG�:� sports program. The additional allocated funds will be used to cover the following costs: Workshop & Retreats (coaches certifications) $ 5,000 Printing (flyers) Misc. Rentals (storage unit) Portable toilets $ 5,500 $ 600 $ 5,000 E. The City shall not be obligated to expend funds over the annual maximum amount specified in Subsections C and D above for the Program. In the event that the annual appropriation is exhausted before the end of the City's budget year, the parties agree to negotiate in good faith concerning any required reduction in programming, use of revenues from the Program, or further appropriations by the City or supplemental revenue contribution by the Contractor (or a combination thereo�. In no event, however, is the City committed to expending more than the aforesaid maximum annual amount for operation of the program unless there is further appropriation of funds by the City Council, subject to Section 18 of this Agreement. 2. TERM This Agreement shall be for a license period beginning May 24, 2004 and ending May 23, 2009. This Agreement is subject to earlier termination due to non- appropriation of funds as provided for in this Agreement. 3. REGISTRATION FEES The Parks and Community Services Department Director and Contractor shall mutually agree to the amount, if any, of registration fees charged for participation in any Program. In the instance that neither party can mutually agree, a proposal outlining conditions of registration fee implementation will be submitted to the Youth Sports Council Executive Board and a final decision will be rendered based on their disposition. 2 0 4. REVENUES Contractor shall be obligated to use revenues generated from the program for the purposes related to operation and program. Contractor shall provide separate accounting reports for all revenues and expenditures for each program. The City shall make payments to Contractor within thirty (30) days of receipt of a detailed invoice by Contractor each sports season, provided that funds are appropriated by the City Council and � said expenditures are authorized by this contract. This detailed invoice should include hours worked by all professional staff that are included in the request and a breakdown of administrative expenses. A separate invoice shall be submitted for officials and scorekeepers. This monthly invoice should include the total number of games worked, facility location, and the date(s) the official/scorekeeper worked. 5. RESPONSIBILITIES OF CONTRACTOR A. When available, Contractor shall provide, schedule, and budget transportation for City youth sport leagues and special events through an approved annual transportation grant from the Fort Worth Independent. School District (FWISD), with the financial arrangements through the FWISD. B. Contractor shall have all outdoor sports set up and ready for play each game day at least 30 minutes before the first game. C. Contractor shall remove and store all equipment at the conclusion of each day's activities. D. Contractor shall assist the community center staff in setting up all indoor sports and ready for play each game day at least 30 minutes before the first game. E. Contractor shall distribute and provide game equipment at all sport facilities and to all teams in the Program. Equipment shall be in good working condition for each sport. Prior to each sports season, the City will inspect all equipment to ensure good working condition prior to distribution. F. Contractor shall provide uniforms to all recreation teams that participate in the Program for soccer, baseball, basketball, flag football, kickball and volleyball. Prior to each program, the City will inspect all uniforms distributed to determine proper condition and suitability. 3 G. Contractor shall provide supervisory level staff on all game days for the entire length of each sports season. H. Contractor shall be responsible to ensure site coordinators are visible during scheduled games and are effectively monitoring all activities associated with the program. I. Contractor shall perform criminal background checks on all coaches before acceptance into the leagues as a coach. Contractor shall follow the policy adopted by the Youth Sports Council of Fort Worth, Inc. for accepting coaches into the leagues. J. Contractor shall provide game officials and scorekeepers for all sports seasons. Scorekeepers are utilized in all sports with the exception of flag football and soccer. Contractor is responsible for providing adequate training methods for game officials and scorekeepers for all sports programs. This may be in the form of a preseason meeting, testing of rule knowledge, and game mechanics for each sport. K. Contractor shall schedule games and submit the schedule to the City three (3) days prior to coaches meeting. Prior to distribution by the Contractor, the City shall notify the Contractor of any changes to the game schedule. The City shall notify community centers and the Contractor will notify volunteer coaches on any changes to schedules or games pertaining to the Program a minimum of three (3) days prior to the change in programming. During inclement weather, the Contractor is responsible for contacting all volunteer coaches for game delays, cancellations and updating the rainout line. L. The City will require the Contractor to submit itemized invoices of games worked by each game official and scorekeeper for inclusion in the monthly financial reimbursement submitted to the City by the Contractor. M. Contractor shall adhere to all policies and procedures set forth by the City, including all Program and facility rules and shall assist City staff to ensure that all policies and procedures are followed. N. It is the responsibility of the Contractor, along with the City, to advertise and market the Program for recruiting additional participants, coaches, officials, scorekeepers, special events, and clinics for the Program. This includes, but is not � limited to flyer distribution, school group presentations; and any other marketing efforts that could potentially increase the number of participants, coaches, officials, scorekeepers, special events, and clinics for the Program. O. Contractor shall keep accurate records and rosters of all activities pertaining to the Program for the three (3) priar years. Upon request by the City, Contractor must supply the City with any records or rosters pertaining to the Program. Records are defined as official and scorekeeper schedules, time sheets, score sheets, disciplinary action letters and documentation, program evaluations, and team rosters. P. Contractor will pay Texas Amateur Athletic Federation (hereinafter referred to as TAAF) tournament registration fees for first place teams representing the Program. Q. The Contractor will assist in training and paying for expenses related to the certification of volunteer coaches through the National Youth Sports Coaches Association over and above the City's budgeted $5,000. R. Contractor shall be responsible to update all sections of the YSC webpage inclusive of current game schedules and standings. S. Contractor shall coordinate a minimum of eight (8) volunteer coaches meetings to ensure compliance with league rules and regulations, Contractor will ensure all coaches submit a signed verification form confirming receipt of all league rules, coaches' manuals, and any other documentation pertaining to league guidelines. Upon request by the City, Contractor must supply the City with these signed verification forms that pertain to the Program. 6. RESPONSIBILITIES OF CITY A. The Athletic Coordinator of the City is the primary representative for all correspondence affiliated with the administration and coordination of the Program between the Contractor and the City. B. The City will provide facilities in a good faith effort when available, for all sport activities and special events. These facilities will include both indoor and outdoor sports. The City shall have the responsibility for determining opening and closing of facilities. 5 7. C. The City will provide a designee to be the game-day contact for the Program and serve as an advisor to the Program Coordinator of the Contractor. D. The City will assist in training and paying for expenses up to the budgeted amount of $5,000 for the certification of volunteer coaches through the National Youth Sports Coaches Association. E. The City will pay all registration fee expenses related to the registration of teams with the TAAF. F. The City will complete the registration process for eligible City youth teams in the TAAF Tournament. JOINT RESPONSIBILITIES OF THE CITY AND CONTRACTOR A. The City, with the aid of the Contractor, will complete all registration materials for all teams with TAAF. B. In an effort to obtain feedback from Program participants, the City will distribute Program evaluations to participants, parents, and volunteer coaches. These evaluations will be distributed at the halfway mark of each sports season. The Contractor shall assist City staff with this process as requested by the City. A summary report will be communicated to the Executive Director of the Youth Sports Council at the conclusion of each sports season. C. The City and Contractor shall coordinate and offer the following youth sports programs per calendar year. Pro rg_am Winter Basketball Spring Baseball/Softball Spring Volleyball Spring Kickball Summer Basketball Fall Soccer Flag Football 0 Seasonal Dates January — March March — May March — May March — May June — August September — November September — November **Sports, seasons, and programs offered are subject to change if agreed upon by both the City and Contractor. D. The Contractor and the City will host four (4) Recreation Programmer meetings, four (4) Superintendents meetings, four (4) Supervisors meetings, and two (2) in-service trainings for community center staff throughout the calendar year. The City and Contractor shall mutually agree upon the dates. E. The Contractor and the City will jointly agree upon program dates and calendars. In the instance that neither party can mutually agree, the City will make the final determination due to the nature of scheduling and its relation to the availability of resources and facilities. F. It is the responsibility of the Contractor to print and distribute a copy of all sport specific rules and the coaches manual to a coaching representative for each team in the Program prior to each season. Contractor must also provide a copy to community center staff before each season. Before each program, Contractor and the City shall meet to review any necessary rule revisions. All proposed rule changes must be submitted in writing to the Athletic Coordinator. No changes in the rules shall be made without the consent of the City. G. Contractor and City employees shall not engage in conduct that could be determined to be detrimental to the public trust. Such conduct shall include, but not be limited to, public intoxication, criminal activity, illegal drug activity, discourteous treatment of others, slandering or defaming public officials, appointees or staff or any other conduct which could damage or harm the public's perception or trust of the City and any of its officials, appointees or staff. 8. NONDISCRIMINATION/EQUAL OPPORTUNITY Contractor shall not discriminate on the basis of race, color, creed, religion, sex, age, military status, disability, sexual orientation or national origin in the performance of this Agreement. 9. ASSIGNMENT Contractor may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any party without the prior written c�nse�t af1 =.- � } I � L ; � �� �.,�.�. J � '� 'i ..� � � � � y�, �ti'� i:�. r ���7 ` '��a :'��•�' �i'L. Iu r:? �•( �Y_r... ;�'1'.�T.�� u"�G��;o .... � i _ , the City, which consent shall not be unreasonably withheld or delayed, conditioned on (i) the prior approval of the assignee or successor and a finding by the City Council that the proposed assignee or successor is financially capable of completing this Ageement and (ii) the proposed assignee ar successar has executed a written agreement with the City under which it agrees to assume all covenants and obligations of Contractor under this Agreement, in which case such assignee or successor shall thereafter be deemed "Contractor" for all purposes under this Agreement. 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent contractor in each and every respect hereunder and not as an agent, representative or employee of the City. Contractor shall have the exclusive right relative to the terms of this Ageement and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Contractor acknowledges that the doctrine of Yespondeat superior will not apply as between the City and Contractor, its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Contractor further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the City and the Contractor. 11. INDEMNITY CONTRACTOR AGREES TO DEFEND, INDEMNIFYAND HOLD THE CITY, ITS OFFICERS, A GENTS SER VANTS AND EMPLOYEES, HARMLESS A GAINST ANY AND ALL CLAIMS, LA WSUITS, A CTIONS, COSTS AND EXPENSES OF ANY KIND, INCL UDING, B UT NOT LIMITED TO, THOSE FOR PROPERTY DAMA GE OR LOSS (INCL UDING ALLEGED DAMA GE OR LOSS TO OWNER'S BUSINESS AND ANYRESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE O UT OF OR BE OCCASIONED BY (i) CONTRA CTOR'S BREA CH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELA TED TO THE TERMS AND CONDITIONS OF THIS A GREEMENT OR THE PERFORMANCE OF THIS A GREEMENT; EXCEPT THA T THE : INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCUIZRENT NEGLIGENCE OF BOTH CONTRACTOR AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LA WS OF THE STATE OF TEXAS. 12. INSURANCE During the term of this contract, Contractor shall maintain in full force and effect, at its own cost and expense, the following minimum insurance coverage: A. Commercial General Liability Insurance with no exclusion in policy, naming the City as additional insured, and having the following minimum policy limits: $1,000,000 each occurrence, $1,000,000 annual aggregate limit, with the policy written on an occurrence basis. B. Automobile Liability Insurance with a policy limits of $1,000,000 dollars each accident, or reasonably equivalent split limits approved by the City's Risk Manager. C. Additional Insurance Requirements 1. The City of Fort Worth shall be made an additional insured, by endorsement, on the Contractor's applicable insurance policy or policies, with the exceptions of Contractor's automobile liability insurance and Workers' Compensation. 2. Applicable insurance policies shall be endorsed with a wavier of subrogation in favor of the City. 3. The insurers shall be authorized to do business in the State of Texas or otherwise be approved by the City; and, the Contractor's insurers shall be acceptable to the City as to their financial strength and solvency. 4. The deductible limit on any of the policies shall not exceed $10,000 per occurrence or per accident unless otherwise approved by the City. 5. The City shall be notified a minimum of thirty (30) days prior to insurer action in the event of cancellation, non-renewal, or material change on coverage. The agreement to provide such notice shall be endorsed on the Contractor's policies. 6. Certificates of insurance documenting required coverage shall be provided to the City. A copy of any or all policies shall be provided upon request. 7. In the event that Contractor becomes aware of any damages sustained by third parties, or a claim thereof, or occurring at the Licensed Premises, the City shall be notified as soon as possible. 0 8. All notices provided pursuant to this section shall be provided in accordance with the notice requirements of this contract. 13. FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 14. SIGNS Contractor shall not place any advertising sign or other advertisements upon any City of Fort Worth facilities, any other public property, or upon any vehicle used by or its customers in the performance of this Agreement without the prior written approval of the Parks and Community Services Department Director. 15. BREACH, TERMINATION, AND REMEDIES A. Condition of Default. The following conditions will constitute a breach of this Agreement and default hereunder: 1. Failure of Contractor to maintain the insurance coverages required by the agreement shall be grounds for immediate termination by the City. 2. Failure of the Contractor to perform any of its other obligations under this Contract when due or called for, and the Contractor fails to cure such default within thirty (30) days after written notice from the City of such default; provided, however, that if the nature of the default is such that it cannot be fully cured within said thirty (30) day cure period, the Contractor shall have additional time as is reasonably necessary, as determined by the City, to cure the default, so long as the 10 Contractor is proceeding diligently to complete the necessary cure after service of notice by the City. B. Termination /Remedies. If any of the conditions identified in Section (A), above, should occur and the Contractor does not cure the default, the City may elect to terminate this contract immediately and seek all other remedies provided under law and equity. The right to terminate this contract pursuant to this section shall be cumulative of any other remedies available to the City or Contractor at law or in equity for a breach of this contract. All such remedies may be exercised concurrently, whenever, and as often as the need therefore arises. Waiver of any breach does not constitute any continuing wavier or a wavier of any subsequent breach of this contract. 16. APPLICABLE LAW; VENUE If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 17. NOTICES All notices required or permitted under this Agreement may be given to a party personally, by facsimile, or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. Notice by personal delivery shall be deemed effective at the time of personal delivery. Notice may also be given by means of electronic facsimile transmission ("fax"); provided, however, that in order for a fax notice to be deemed effective, the party giving notice of fax shall provide a hard copy of the faxed notice thereafter to the other party pursuant to one 11 of the methods of hard copy delivery specified in this section. For purposes of notice, demand, request reply, or payment the address shall be: CITY OF FORT WORTH Parks and Community Services Department Attention: Northeast Region Senior Administrative Assistant 4200 South Freeway, Suite 2200 Fort Worth, Texas 76ll 5 FAX: (817) 871-5724 With Co�Y to: City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 FAX: (817) 871-8359 CONTRACTOR: Youth Sports Council of Fort Worth, Inc. Attention: Mary Ann Dorris 3612 West Vickery Fort Worth, Texas 76107 FAX: (817) 817-732-9677 Each party shall have the right to designate a different address within the United States of America by giving in conformity with the Section. 18. NON-APPROPRIATION If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to Contractor of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 19. PARAGRAPH HEADINGS AND CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 12 20. ASSIGNMENT AND SUCCESSORS Contractor may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any party without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, conditioned on (i) the prior approval of the assignee or successor and a finding by the City Council that the proposed assignee or successor is financially capable of completing this Agreement and (ii) the proposed assignee or successor has executed a written agreement with the City under which it agrees to assume all covenants and obligations of Contractor under this Agreement, in which case such assignee or successor shall thereafter be deemed "Contractor" for all purposes under this Agreement. 21. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS Contractor covenants and agrees that it shall not engage in any unlawful use at any City of Fort Worth facilities). Contractor further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Licensed Premises and Contractor immediately shall remove from the Program any person engaging in such unlawful activities. Unlawful use of the program by Contractor itself shall constitute an immediate breach of this Agreement. Contractor agrees to comply with all federal, state and local laws; all ordinances, rules and regulations of City; all rules and regulations established by the Directar; and all rules and regulations adopted by the City Council, as such laws, ordinances, rules and regulations exist or may hereafter be amended or adopted. If City notifies Contractor or any of its officers, agents, employees, contractors, subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation at its own cost and expense. 22. GOVERNMENTAL POWERS It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers 13 23. CONTRACT CONSTRUCTION In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 24. NO THIRD-PARTY BENEFICIARIES The provisions and conditions of this Agreement are solely for the benefit of the City and Contractor and any lawful assign or successor of Contractor and are not intended to create any rights, contractual or otherwise, to any other person or entity. 25. SEVERABILITY If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 14 . EXECUTED on this the day of , 200�� CITY OF FORT WORTH: ; �; , -�'-' By: � �,�� ��- �` — Libby Watsori� Assistant City Manager ATTEST By: City Secretary Fort Worth, Texas YOUTH SPORTS COUNCIL OF FORT WORTH, INC. By: /��1lti�j,� �i�u�L/ /U�'i-�. � Mary A Dorris, Executive Director APPROVED AS TO FORM AND LEGALITY: By. �� ^�"""l -�'�-�/`�� Assistant City Attorney ��or.L-rac'c .�utho�izatiAb� 1 C�_1 �i- T - nate .�,n_l .. , ,.._,.. �.- . �i 11��1 � ,,,� l � f , ,'I+; � Cl �. i'J iS 1; LS V t � . I'�7 j� y� � 1,��� C� �.:'' �'����; � IS v� Jl� J:�� ����!�` l ��� i,1c�, i ^���U ���R;�' � �� .. ����.:��; J �,�e , STATE OF TEXAS COUNTY OF TA.RRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, known to me as the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that Libby Watson executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. ��G�IVEN UNDER MY HAND AND SEAL OF OFFICE this ��� ��i day of �I/l���i . , 200�% % ,, � �,rZ.tl�. 'r'G'.z �, �rt��= L�: �_�- --.�-�'��� Notary Public in and for the State of Texas - ;.:;�:«;ti r;'tiRNES ,` - <<�ii5t;��tr�fcXPIRES �'�, ��.�'� , frlarcti 31, 2W9 "'•%�,�t��`�'�� STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared f11f�2�.�1"�l�l �UI?R�S�f D/�UI () 0' l�k�l ti►�l , known to me as the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Youth Sports Council of Fort Worth, Inc. and that he/she executed the same as the act of the said Youth Sports Council of Fort Worth, Inc, for the purposes and consideration therein expressed and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS � l`�-� day of }�.��UI't�.iJ , 200Z�- ������, KRISTINE LYNN NORDYKE Notary Public, State of Texas My Commission Expires �''�O6 Februar 4, 2010 J ' �-,'�,� _ �.�,� ' - Notary Public in and for the S ate of Texas 16 City of Fort Worth, Texas Mayor artd Council Communication COUNCIL ACTION: Approved on 10/17/2006 DATE: Tuesday, October 17, 2006 LOG NAME: 80YTHSPRTSCT REFERENCE NO.: '"'`C-21785 SUBJECT: Authorize Contract Amendments with the Youth Sports Council of Fort Worth, Inc., to Hire, Schedule, and Pay the Game Officials and Scorekeepers and to Provide Increased Oversight of the Youth Sports Program RECOMMENDATION: It is recommended that the City Council authorize amendments to City Secretary Contract No. 29988 with the Youth Sports Council of Fort Worth, Inc., to allow the Youth Sports Council to hire, schedule, and pay the game officials and scorekeepers and to provide increased oversight of the Youth Sports Program. DISCUSSION: In 1989, the Parks and Community Services Department, in cooperation with the Youth Sports Council of Fort Wo�th, Inc., (YSC) established the Youth Sports Program. Since its inception, this program has provided free organized sports opportunities for youth ages 5-17. Year-round activities are conducted in six sports programs: winter basketball, baseball/softball, summer basketball, soccer, and volleyball. Annually, the General Fund allocates $278,&40 to underwrite the operations of the Youth Sports Program. This amount of $195,000 is paid to the YSC for program operations that include pragram management, uniforms, awards and related program supplies and materials. The remaining $83,840 is paid from the Parlcs and Community Services pepartment's budget for game officials, coach certifications, printing, and portable toilets. In March 23, 2004, City Council approved a contract agreement with the YSC for program services for a period of five consecutive years beginning March 23, 2004 and ending March 22, 2009 (City Secretary Contract No. 29988, M&C C-20009, March 23, 2004). To provide for greater efficiency in the day-to-day operations, the YSC and the Parks and Community Services Department are recommending the following amendments to the current contract: 1. Allow the YSC to hire, schedule, monitor and pay the game officials and scorekeepers for this Program on a reimbursement basis, not to exceed $67,140; 2. The YSC will be required to provide separate accounting invoices for the officials and scorekeepers that will include total number of games worked, facility location and the dates the official/scorekeeper worked; 3. YSC expenses and reimbursements must be directly related to the administration and coordination of the Program; 4. The sports of kickball and flag football will be added to the program offerings and the YSC will ensure all players receive uniforms for these additional sports; and 5. The YSC will be responsible for payment of Texas Amateur Athletic Federation tournament registration fees for all first place teams within each division of league play. Logname: 80YTHSPRTSCT Page 1 of 2 The Youth Sports Program operates in all City Council Districts and is available to all youth ages 5-17 who reside within the City of Fort Worth. FISCAL INFORMATIONlCERTIFICA710N: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. � TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM FundlAccount/Centers GG01 539120 0808060 $262,140.00 Libby Watson (6183) Melody Mitchell (Acting) (5704) Melody Mitchell (Acting) (5704) r ,,,.,,.,,,,o. Qnv�ruenn�rcrrr v�R� � �-��