Loading...
HomeMy WebLinkAboutContract 49509 CITY SECRETARY__2__ �� � CONTRACT NO._ CONTRACT SPORTS OFFICIAL AGREEMENT (SOFTBALL) THIS CONTRACT SPORTS OFFICIAL AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized representative, and �1Ic►y��� ,. , an individual ("Sports Official"). WHEREAS, City, through its Park and Recreation Department ("Park Department"), operates several sports leagues and tournaments throughout the City of Fort Worth; and WHEREAS, City is committed to improving the quality of life for residents and visitors by providing recreational and competitive sports leagues and tournaments at its sports complexes; and WHEREAS, to help provide such opportunities to the community, the Department has set up a program to allow independent sports officials to provide officiating services through written agreements; and WHEREAS, individuals or entities desiring to officiate a league or tournament must fill out an application and pass a background check prior to officiating any game at any City facility; NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, City and Sports Official hereby agree as follows: SECTION 1 LOCATION,PROGRAM,AND SCHEDULE 1.1 The Sports Official shall provide umpire, referee, and scorekeeper services for the City as may from time to time be detennined by the City ("Services"). 1.2 The Services shall be provided at the locations and times as directed by the City. SECTION 2 TERM OF AGREEMENT 2.1 Term. Unless terminated earlier pursuant to the terms herein,the term of this Agreement shall begin on August 17, 2017 and expire on December 31,2018 ("Tenn"). SECTION 3 FEES AND PAYMENT 3.1 Fees. As the entire compensation to the Sports Official or his/her services to the City under and during the term of this Agreement, in whatever capacity rendered, the Sports Official shall be paid a fee in the amount of$20.00 for games officiated with two-officials; and $30.00 for games officiated with one official for each game at which the Sports Official provides Services. 3.2 The City makes no representation or promise as to the number of games or assignments to be given to the Sports Official to officiate. CONTRACT SPORTS OFFICIAL AGREEMENT Page I of 11 OFFICIAL RECORD C11'Y SECRETLY FT,WORTH% SECTION 4 DUTIES AND RESPONSIBILITIES 4.1 Sports Official shall arrive for each game at the time directed by the City and shall remain until the conclusion of the game and to compete any additional duties directed by the City. Sports Official shall ensure that all participants comply with any and all policies, rules, and regulations governing the activity in which Sports Official is officiating. A copy of the policies, rules, and regulations are attached hereto as Exhibit A and incorporated herein for all purposes. 4.2 City shall provide staff to lock and unlock the fields, arm and disarm any security system and ensure that a City employee is present in the complex at all tunes during the Services. SECTION 5 AGE REQUIREMENT AND BACKGROUND CHECKS 5.1 The safety and security of all Program participants are of paramount importance to the City. Therefore, prior to performing any Program under this Agreement, Sports Official, must pass a thorough background investigation by an entity approved by the City. Sports Official shall be subject to future random background investigations and drug testing, as determined by the Director of the Park and Recreation Department("Director").. Refusal by a Sports Official to submit to a background investigation or a failure of any background investigation shall be cause for immediate termination of this Agreement. The Director shall determine failure of a background investigation in accordance with the Park and Recreation Department's background check policies for volunteers. 5.2 Sports Official,must be 18 years of age or older. SECTION 6 FORCE MAJEURE 6.1 If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crisis; earthquakes; fires; floods; restraints or prohibitions by any court,board,department, commission or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosion; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers,parks,or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. Sports Official hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event. SECTION 7 LIABILITY AND INDEMNIFICATION 7.1 SPORTS OFFICIAL SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,OF ANY KIND OR CHARACTER,WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SPORTS OFFICIAL, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, CONTRACT SPORTS OFI+ICIAL AGREEMENT Page 2 of 11 CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. SPORTS OFFICIAL HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO,PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH,DIRECTLY OR INDIRECTLY, THIS AGREEMENT. 7.2 INDEMNIFICATION — SPORTS OFFICIAL, AT ITS SOLE COST AND EXPENSE,AGREES TO AND DOES HEREBY DEFEND,INDEMNIFY,PROTECT,AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,LIABILITIES,DAMAGES,LOSSES,LIENS,CAUSES OF ACTION,SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THIS AGREEMENT (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF SPORTS OFFICIAL OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS, GUESTS, PROGRAM PARTICIPANTS, OR INVITEES OR OF ANY OTHER PERSON ENTERING UPON THE PARK WITH THE EXPRESS OR IMPLIED INVITATION OR PERMISSION OF SPORTS OFFICIAL; OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY- COVENANT OF SPORTS OFFICIAL UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES"). 7.3 If any action or proceeding shall be brought by or against the City in cormection with any such liability or claim,Sports Official,on notice from City,shall defend such action or proceeding at Sports Official's expense,by or through attorneys reasonably satisfactory to City. 7.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified,the indemnification obligation shall continue in full force and effect. 7.5 Sports Official agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages in relation to this Agreement. Sports Official agrees to make its officers,representatives,agents,and employees available to City,at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. SECTION 8 INSURANCE 8.1 Sports Official shall maintain the insurance requirements set forth in Exhibit B, which is attached hereto and incorporated herein for all purposes. SECTION 9 TAXES AND BENEFITS 9.1 The Sports Official shall be responsible for his/her own taxes and insurance. The City is not responsible for and shall not withhold taxes from, nor pay FICA contributions on monies paid to the CONTRACT SPORTS OFFICIAL AGREEMENT Page 3 of 11 Sports Official pursuant to the terms of this Agreement and the Sports Official shall be responsible for any and all applicable taxes due as a result of payment of monies to the Sports Official pursuant to this Agreement. The Sports Official is not entitled to receive any sick leave, vacation, retirement, health benefits,or any other benefits from the City. SECTION 10 TERMINATION 10.1 Termination. This Agreement may be terminated without cause by either party upon delivery of written notice to the other party of such intent to terminate. 10.2 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Agreement,the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement,the City may terminate the portion of the Agreement regarding such obligations to be effective on the later of: (i) delivery by the City to Sports Official of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Contract. SECTION 11 CERTIFICATIONS 11.1 Sports Official shall be certified by USA Softball during the term of this Agreement. SECTION 12 NONDISCRIMINATION 12.1 Sports Official shall not engage in any unlawful discrimination based on race,creed, color, national origin,sex,age,religion,disability,marital status,citizenship status,sexual orientation or any other prohibited criteria in performing the Services under this Agreement. SECTION 13 VENUE AND CHOICE OF LAW 13.1 Sports Official and City agree that this Agreement shall be construed in accordance with the laws of the State of Texas. 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. SECTION 14 THIRD-PARTY RIGHTS AND ASSIGNMENTS 14.1 The provisions and conditions of this Agreement are solely for the benefit of the City and Sports Official, and any lawful assign or successor of Sports Official, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 14.2 Sports Official agrees that it will not subcontract or assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the City, and any attempted subcontract or assignment of same without such prior consent of the City shall be void. CONTRACT SPORTS OI+FICIAL AGREEMENT Page 4 of 11 SECTION 15 BINDING COVENANTS 15.1 Subject to the limitations contained herein,the covenants,conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors,representatives and permitted assigns, if any. SECTION 16 INDEPENDENT CONTRACTOR 16.1 It is expressly understood and agreed that Sports Officials operates as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Sports Official shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Sports Official acknowledges that the doctrine of respondeat superior shall not apply as between the City and Sports Official or its officers, representatives,agents, servants and employees. Sports Official further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Sports Official. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Sports Official or any employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers of Sports Official. Neither Sports Official, nor any officers, agents, servants, employees or subcontractors of Sports Official shall be entitled to any employment benefits from the City. Sports Official shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. SECTION 17 AMENDMENTS CAPTIONS AND INTERPRETATION 17.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon the written consent of both the City and Sports Official. 17.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 17.3 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. SECTION 18 GOVERNMENTAL POWERS AND IMMUNITIES 18.1 It is understood that by execution of this Agreement,the City does not waive or surrender any of its governmental powers or immunities. CONTRACT SPORTS OFFICIAL AGREEMENT Page 5 of 11 SECTION 19 AUTHORIZATION COUNTERPARTS AND ELECTRONIC SIGNATURES 19.1 By executing this Agreement,Sports Official affirms that he or she is authorized to execute this Agreement and that all representations made herein with regard to Instructor's identity, address, and legal status are true and correct. 19.2 This Agreement may be executed in several counterparts,each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for-all purposes as an original signature. SECTION 20 SEVERABILITY AND NO WAIVER 20.1 It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction,the invalidity of such covenant,condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either Instructor or City in connection with the right and obligations contained in the valid covenants, conditions or provisions of this Agreement. 20.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 21 COMPLIANCE WITH LAWS 21.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 21.2 If City notifies Sports Official or any of its officers, agents, employees, contractors, subcontractors, licensees, volunteers, or invitees of any violation of such laws, ordinances, rules or regulations, Sports Official shall immediately desist from and correct the violation. SECTION 22 SOLE AGREEMENT 22.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and Sports Official, and any lawful assign and successor of Sports Official, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. [SIGNATURES ON FOLLOING PAGE] CONTRACT SPORTS OFFICIAL AGREEMENT Page 6 of 11 IN WITNESS WHEREOF,the parties have executed this Agreement to be effective on the date set forth in Section 2. CITY OF FORT WORTH SPORTS OFFICIAL By: By: " Su n Alanis N me: 44- Assistant City Manager Title: Date: S Date: Ay6 05 i 1, ,Z 0 APPROVED AS TO FORM AND LEGALITY: Richard A.McCracken Assistant City Attorney ATTEST: 4(j ®F FORS Mar4 Kayser City Secretary ;Z Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. Name: OFFICIAL RECORD Title: � Id/� ` CITY SECRETARY FT.WORTH,TX CONTRACT SPORTS OFFICIAL AGREEMENT Page 7 of 11 CONTRACT SPORTS OFFICIAL AGREEMENT Page 8 of 11 EXHIBIT A POLICIES RULES AND REGULATIONS 1. Umpires are required to be on-site no later than 15 minutes prior to the start of each game. 2. Umpires are required to wear the standard uniform required by USA Softball. 2.1 Exceptions can be made allowing black shorts in place of pants. 3. Umpires must officiate all games in accordance with the current Adult Softball City By- Laws which govern all games. Updated By-Laws are available by contacting the Adult Athletics Section of the Park and Recreation Department CONTRACT SPORTS OFFICIAL AGREEMENT Page 9 of 11 EXHIBIT B INSURANCE 1. Snorts Official's Insurance. Sports Official shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Contract. Sports Official has an ongoing duty to provide the City with an annual certificate of insurance to evidence coverage. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance, or nonperformance of this Contract. Sports Official shall maintain the following coverage(s) and limits thereof: 1.1 Coveraj4es and Limits i. Commercial General Liability(CGL) Insurance a. $2,000,000 each occurrence b. $5,000,000 aggregate limit ii. Accident Coverage—Policy Limits a. $100,000 per medical claim b. $2,000 accidental death C. $4,000 accidental dismemberment(principal sum) d. $2,500 Chiropractic & Physical Therapy($100 per visit) C. $1,000 Durable Medical Equipment f. $250 Deductible per claim g. 90/10%Coinsurance h. If applicable, this policy shall provide comprehensive bodily injury,dental,and death coverage and coverage while traveling in any automobile used to transport Sports Official to and from locations where Services shall be provided. 1.2 Additional Requirements. i. Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 6 months, and Sports Official shall revise such amounts within thirty (30) calendar days following notice to Sports Official of such requirements. ii. If applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, representatives, officers, agents, and volunteers of City. CONTRACT SPORTS OFFICIAL AGREEMENT Page 10 of 11 iii. If applicable, the Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. Such insurance shall cover employees performing work on any and all projects. Sports Official shall maintain coverages, if applicable. iv. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. V. Insurers of Sports Official's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by City. vi. Unless otherwise stated herein or approved by City, deductible limits on insurance policies shall not exceed $10,000 per occurrence. vii. In the event there are any local, federal or other regulatory insurance or bonding requirements for Provider's operations, and such requirements exceed those specified herein,the former shall prevail. viii. Provider shall contact the Park Director, as applicable, to determine whether any contractors or subcontractors will need to provide insurance. CONTRACT SPORTS OFFICIAL AGREEMENT Page 11 of 11