HomeMy WebLinkAboutContract 50433 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
St to of Texas, acting by and through its duly authorized representative, and
Ab4e %'ie 51WAe , an individual ("Sports Official').
WHEREAS,City, through its Park and Recreation Department("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 determined 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 March 1,2018 and expire on December 31, 2018("Term").
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.
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CITYSECRETARY
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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 Sports Official shall demonstrate a high level of professionalism at all times. Sports
Official's conduct should be above reproach in all dealing with the community, sports participants, and
staff. Sports Official shall not engage in any conduct that may threaten, intimidate, disparage, bully,
verbally abuse, harass, or assault the City, City employees, sports participants, or any other person. The
City shall be the sole judge of Sports Official's compliance with this provision.
4.3 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 times 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 providing any Services 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, 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
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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,
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 A PARK OR OTHER CITY PROPERTY 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 connection 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,
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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
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
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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.
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.
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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.
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
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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.
SECTION 23
PROHIBITION ON BOYCOTTING ISRAEL
23.1 Sports Official acknowledges that in accordance with Chapter 2270 of the Texas
Government Code,the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and
(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall
have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing
this Agreement, Sports Official certifies that Sports Official's signature provides written verification to the
City that Sports Official: (1) does not boycott Israel; and(2)will not boycott Israel during the term of this
Agreement.
SECTION 24
IMMIGRATION AND NATIONALITY ACT
24.1 Sports Official shall verify the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility Verification Form
(I-9). Upon request by City, Sports Official shall provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Sports Official
shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that
no services will be performed by any Sports Official employee who is not legally eligible to perform such
services. SPORTS OFFICIAL SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES,OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY SPORTS OFFICIAL,SPORTS OFFICIAL'S EMPLOYEES,SUBCONTRACTORS,AGENTS,
OR LICENSEES. City, upon written notice to Sports Official, shall have the right to immediately
terminate this Agreement for violations of this provision by Sports Official.
[SIGNATURES ON FOLLOWING PAGE)
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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
I
By:. By: YAlw44*4
—Samul Malith Feryvi"Ao coj� Ili
Assistant City Manager Name:
Date: 32o/8 Date:
Recommended by: A ............. 211
7U
'chard Zavala
Director,Park&Recreation D t..
'
S
APPROVED AS TO FORM AND LEGALITY:
Richard A.McCracken
Assistant City Attorney
ATTEST: 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.
Mary
City Secretavy
Title:
CONTRACT SPORTS OFFICIAL AGREEMENT EOFFIC[ft RECORD f.
Page 8 of 11
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CITY SECRETARY
SIC
F FT
TX
T-WORTH,TX
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
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EXHIBIT B
INSURANCE
1. marts 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 Coverages and Limits
i. Commercial General Liability(CGL)Insurance
a. $2,000,000 each occurrence
b. $5,000,000 aggregate limit
iii. 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)
e. $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. Where applicable, insurance policies required herein shall be endorsed to
include City as an additional insured as its interest may appear. Additional
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insured parties shall include employees,representatives, officers, agents,
and volunteers of City.
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.
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