HomeMy WebLinkAboutR-2020-034 Agreement with John Moorhead related to Pickleball Instruction RESOLUTION NO. R-2020-034
A RESOLUTION APPROVING A SERVICES AGREEMENT WITH JOHN MOORHEAD
RELATED TO PICKLEBALL INSTRUCTION.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
THAT the Agreement between the City and John Moorhead related to Pickleball
instruction, attached hereto in its substantial form, is hereby approved and the Mayor is
authorized to execute the Agreement on behalf of the City; and
FURTHER THAT the Mayor, the City Administrator, the Capital Projects and Parks
Manager, and other appropriate City officials are hereby authorized to take any and all
actions as may be deemed necessary or convenient to carry out and comply with the intent
of this Resolution and to execute and deliver for and on behalf of the City all certificates,
instruments, agreements and other documents, as may be necessary or convenient to
perform all matters herein authorized.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri, the f r 14 day of u,c , 2020.
Kath en L. Rose, Mayor
ATTEST:
Robin Kifcad, , ity Clerk
AGREEMENT
This Agreement ("Agreement") is entered between John Moorhead (the "Service
Provider") and the City of Riverside, Missouri, a Missouri municipal corporation (the "City"),
effective on the date last signed by the parties ("Effective Date").
In consideration of the promises and mutual covenants between the parties and for other
good and valuable consideration the receipt of which is acknowledged by the parties, they agree
as follows.
1. Term of Agreement. This Agreement shall begin as of the Effective Date and shall
continue until Nov. 30, 2020.
2. Scope of Services. The Service Provider shall provide the Project Services described in
Exhibit A. The Service Provider will be responsible for development and cost of program
publicity.
3. Compensation and Reports. The Service Provider will collect all fees for programs
outlined in Exhibit A. The Service Provider will meet regular reporting requirements as outlined
in Exhibit B. Should Service Provider collect compensation above the amount shown in Exhibit
B, the City shall be reimbursed as outlined in Exhibit B.
4. Advertisements at the Pickleball Courts. Service Provider will be allowed to hang up
to 6 (six) sponsor banners from the Pickleball fence. Banners must be produced using vinyl and
be approved by the City's Capital Projects and Parks Manager. The City maintains the right to
remove the banners for any reason. Banners will be attached using zip ties.
5. . Bulletin Board. Service Provider will have access to the Pickleball Court locking
bulletin board for posting class schedules, advertisements for special Pickleball events, and
pictures of participants. It is the responsibility of the Service Provider to obtain permission from
program participants to post their pictures. The City maintains the right to remove any content
from the bulletin board for any reason.
6. Storage Building. Service Provider will have access to the locking storage building at
the Pickleball Courts. Service Provider will be allowed to store equipment used for Pickleball
programming only. The City maintains the right to remove any content from the building for
any reason and return it to the Service Provider. The City will not be liable for any equipment
removed from the building or damaged by persons without authority to access the building.
7. Insurance. Service Provider shall file with the City evidence of liability insurance that is
consistent with the amounts set forth below.
A policy of insurance for Commercial General Liability Coverage shall be provided in the
aggregate amount of not less than $2,000,000 for all claims arising out of a single accident or
occurrence and $1,000,000 for any one person in a single accident or occurrence. The City shall
be listed as an additional insured.
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If applicable, the Service Provider shall obtain and maintain Workers' Compensation Insurance
for a limit of$500,000 for all of their respective employees, and in case any work is sublet, the
Service Provider shall require any subcontractors to provide Workers' Compensation insurance
for all subcontractor's employees, in compliance with Missouri law. The Service Provider
hereby indemnifies the City for any damage resulting to it from failure of either the Service
Provider or any contractor or subcontractor to obtain and maintain such insurance. The Service
Provider shall provide the City with a certificate of insurance indicating Workers' Compensation
coverage by the Effective Date.
8. Relationship of Parties. Nothing herein shall be construed to create an employer-
employee relationship. All services performed pursuant to this Agreement shall be performed by
the Service Provider as an independent contractor.
9. Entire Agreement; Governing Law. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof and supersedes all prior and
contemporaneous agreements and negotiations with respect thereto. This Agreement may be
amended only by a written instrument signed by all parties. This Agreement shall be governed
by the laws of the State of Missouri. In the event this Agreement is litigated, venue shall be
proper only in the Circuit Court of Platte County, Missouri.
10. Assignment. Neither the City nor the Service Provider shall assign any rights or duties
under this Agreement without the prior written consent of the other party, which consent may be
granted or withheld in such other party's absolute discretion.
11. No Third Party Rights. The provisions of this Agreement shall not be deemed to create
any third party benefit hereunder for any member of the public or to authorize any one, not a
party hereto, to maintain suit pursuant to the terms of this Agreement.
12. Counterparts. This Agreement may be executed in separate counterparts.
13. Termination. Failure of the Service Provider to fulfill its obligations under this
Agreement in a timely and satisfactory manner in accordance with the description of services set
forth in Exhibit A, as may be determined by the City in its sole discretion, shall constitute a
breach of the Agreement, and the City shall thereupon have the right to immediately terminate
the Agreement without further recourse.
14. Indemnification and Hold Harmless. Service Provider shall defend, indemnify and
hold harmless City and its officers, agents, employees, elected or appointed officials, and
attorneys, each in their official and individual capacities, from and against judgments, damages,
losses, expenses, including reasonable attorneys' fees, to the extent caused by the negligent acts,
errors, omissions, or willful misconduct of Service Provider, or its employees, or subcontractors,
in the performance of Service Provider's duties under this Agreement, or any supplements or
amendments thereto.
15. Work Authorization Affidavit. If applicable, Service Provider shall execute the
affidavit contained in Exhibit C.
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16. Waiver. No waiver shall be effective unless in writing and signed by the waiving party.
A waiver by a party of a breach or failure to perform this Agreement shall not constitute a waiver
of any subsequent breach or failure.
17. Anti-Discrimination Clause. Service Provider and its agents, employees, or
subcontractors shall not in any way, directly or indirectly, discriminate against any person
because of age, race, color, handicap, sex, national origin, or religious creed.
18. Amendment. Except as otherwise set forth in this Agreement, any amendments to this
Agreement shall be in writing and signed by both parties.
19. Force Majeure. If either party's performance under this Agreement is prevented,
hindered or delayed by reason of any cause beyond the party's reasonable control that cannot be
overcome by reasonable diligence, including war, acts of terrorism, civil disorders, labor disputes
(other than strikes within such party's own labor force), governmental acts, epidemics,
quarantines, embargoes, fires, earthquakes, storms, or acts of God, such party shall be excused
from performance to the extent that it is prevented, hindered or delayed thereby, during the
continuances of such cause; and such party's obligations hereunder shall be excused so long as
and to the extent that such cause prevents or delays performance.
20. Interpretation. Both parties have had the opportunity to review this Agreement with
legal counsel, and any ambiguity found in this Agreement shall not be construed in a party's
favor on the basis that the other party drafted the provision containing the ambiguity.
IN WITNESS WHEREOF, the Service Provider and the City have executed this Agreement as
of the Effective Date.
Service Provider: City of Riverside, Missouri:
By: By:
Nam • hn Moorhead N e: rai
Date: �~ t�. Title: +��dm;n ) ,&A+o�L
Date: Maw
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EXHIBIT A
Project Services
John Moorhead has the following qualifications:
• Ambassador for the USA Pickleball Association (USAPA)
• Professional Pickleball Registry (PPR) Certified Professional
• Bachelor of Science from the University of Kansas in Recreation Administration
Management
• 40+years teaching tennis, racquetball and pickleball
• Has and will continue to participate in the U.S. Open for Pickleball and the National
Indoor Championships, 1997-present
Project Services will include programs listed below. Programs will use a maximum of four (4)
courts during the reserved time. This will allow four (4) courts to be open at all times to first
come, first served park patrons.
The Service Provider acknowledges that the City has the right to change the below schedule to
reserve the Pickleball Courts for a special event or tournament. The City will provide 30 days'
notice to the Service Provider should such a change in schedule be necessary. If Service
Provider desires to reserve the Pickleball Courts for a special event, the Service Provider shall
follow the City special event permitting process.
In alignment with the Riverside Healthy Citizens Initiative, resident fees for fee-based programs
will be 75% of non-resident fees.
Mondays:
Intermediate Drills 6pm- 8pm
$5 per player for 2 hours ($1.25 for Riverside residents)
A weekly drill to teach 'skill s that are intended to improve intermediate players' skills on the
court. These drills are"' focused' for the players who enjoy competitive play, leagues and
tournaments. Not only fun, but the best way to improve your personal skills on court.
Expectations:Estimated maximum of participants, (2 courts)
Tuesdays:
Doubles Drills 6pm- 8pm
$5 per player for 2 hours, ($1.25 for Riverside residents)
This class is intended to give insights on becoming successful as a team using drills and
challenge games. Throughout the drills you will always keep your partner and improve your
game together. We invite any doubles teams, (Men's, Women's or Mixed teams), but if you don't
have a partner, we will find one for you. Move your team game up a level with this class.
Expectations:Estimated maximum of 6 teams or 12 participants, (2 courts)
Seniors Early Bird Pickleball 9am- 12noon_
Free
If you are a Senior Citizen, just show up and we will play games with old friends, new friends
and those new acquaintances. Although we will play games and keep score, this session is for
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fun and maintaining an active lifestyle. Player rotation will be stacking paddles in groups of 4 so
you know who goes on court next. The advantage to stacking paddles is that it offers a built in
rest period during the program.
Expectations:Estimated maximum of 12 participants, (3 courts)
Wednesdays:
Pickleball Basics bpm- 8pm
Free
This class is for people who want to learn how to play Pickleball. This is a non-competitive,
recreational program. The session may include games and scoring. However, these lessons are
focused on learning the basics and having fun.
Expectations:Estimated maximum of 12 participants, (3 courts)
Thursdays:
Tournament Tune Ups 6pm- 8pm
$5 per player for 2 hours, ($1.25 for Riverside residents)
These are drills and challenges to move recreational players into competitive players with the
intent of entering tournaments. Learn what skills you must master for the different ratings used
in tournaments. Come as individuals, but look for future teammates during our classes.
Expectations:Estimated maximum of 8 participants, (2 courts)
Seniors Early Bird Pickleball 9am- 12noon
Free
If you are a Senior Citizen, just show up and we will play games with old friends, new friends
and those new acquaintances. Although we will play games and keep score, this session is for
fun and maintaining an active lifestyle. Player rotation will be stacking paddles in groups of 4 so
you know who goes on court next. The advantage to stacking paddles is that it offers a built in
rest period during the program.
Expectations:Estimated maximum of 12 participants, (3 courts)
Fridays:
Social Round Robin bpm-9pm
$5 per player for 3 hours, ($1.25 for Riverside residents)
Sign up as teams or individuals. We will play 6 to 9 rounds of Round Robin play each Friday.
After each round you will get a new partner and new opponents. This is a great opportunity to
meet other players, make new friends and play pickleball games. This is a recreational
opportunity with an introduction into competitive play, but our emphasis is on making friends
and playing pickleball.
Expectations: Estimated maximum of 16 participants, (4 courts)
Saturdays:
Early Bird Round Robin lam-9am
$5 per player for 2 hours, ($1.25 for Riverside residents)
Avoid the summer heat as much as you can and get an early start on your day! We will have an
early morning Round Robin for those players who are early risers and love to play weekly. These
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round robins will offer you competitive games with alternating partners and opponents. A great
transition from recreation to competitive play without the commitment found in tournaments.
Expectations:Estimated maximum of 10 participants, (2 courts)
Mixed Doubles Challenge 5pm- I Qpm
$5 per player for up to S hours, ($1.25 for Riverside residents)
Sign up as a Mixed Doubles team for this competition. If you don't have a partner, we will try to
help you find one. This is not a recreational program, but focused on bracketed tournament
play. This is the closest practice to tournament play you can get. It is perfect for tuning up your
team's game as well as a great Saturday evening activity for a couple.
Expectations:Estimated maximum of 12 participants, (3 courts)
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EXHIBIT B
Compensation
The Service Provider shall be compensated as follows:
Provider will receive 100% of class and special event fees charged up to a maximum of$10,000.
The Service Provider shall provide a monthly report to the City indicating the name of each
participant, the class attended, the amount paid, and the participant's signed liability waiver.
When possible, reports will also include observed usage of other courts not being utilized by the
Service Provider. Reports for the previous month are due by the l Oth of each month and may be
submitted electronically to nbennion 24dversidemo.com or as hard copy by mailing or delivering
to Riverside City Hall at 2950 NW Vivion Rd, Riverside, MO 64150.
If Service Provider collects more than $10,000 in class and special event fees per season, the
Service Provider will provide 25% of earnings exceeding $10,000 to the City. Funds will be
provided in the form of a check made out to the City of Riverside. Subject to Board of Aldermen
budget and appropriation approvals, the City intends that the use of these funds will be for
pickleball nets or other pickleball court maintenance.
EXHIBIT C
CITY OF RIVERSIDE,MISSOURI
WORK AUTHORIZATION AFFIDAVIT
PURSUANT TO 285.530,RSMo
(FOR ALL CONTRACTS IN EXCESS OF$5,000.00)
STATE OF MISSOURI )
) ss.
COUNTY OF -VA CA-ftF )
As used in this Affidavit,the following terms shall have the following meanings:
EMPLOYEE: Any person performing work or service of any kind or character for hire within the State
of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work
authorization programs operated by the United States Department of Homeland Security or an equivalent
federal work authorization program operated by the United States Department of Homeland Security to
verify information of newly hired employees, under the Immigration Reform and Control Act of 1986
(IRCA), P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge, (a)with respect to the person's conduct or
to attendant circumstances when the person is aware of the nature of the person's conduct or that those
circumstances exist; or(b)with respect to a result of the person's conduct when the person is aware that
the person's conduct is practically certain to cause that result.
UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal
law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3).
BEFORE ME, the undersigned authority, personally appeared Sohn ADwho, being duly
sworn, states on his oath or affirmation as follows:
1. My name is John Moorhead and I am currently the owner of Academy(hereinafter"Contractor"),
whose business address is 12120 State Line Road#274, Leawood, KS 66209, and I am authorized to
make this Affidavit.
2. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts
stated herein.
3. Contractor is enrolled in and participates in a federal work authorization program with respect to the
employees working in connection with the services contracted between Contractor and the City of
Riverside, Missouri.
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4. Contractor does not knowingly employ any person who is'an unauthorized alien in connection with the
contracted services set forth above.
A cant
John Moorh
Printed Name
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Subscribed and sworn to before me this day of fy�a ' 2020.
ROBIN L WNGUD
=_�•���'}_ My Carunisslon Expires
March 8,2023
Notary Public 9. SFA 'g': ainton County
Conunission#15390631
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