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Ordinance No. 4,64370212 -4 ORDINANCE NO. 4643 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH THE BAYTOWN TEENAGE BASEBALL ASSOCIATION TO PROVIDE A TEENAGE BASEBALL PROGRAM; AUTHORIZING PAYMENT BY THE ® CITY OF ONE THOUSAND TWO HUNDRED AND N01100 ($1,200.00) ® DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE'HEREOF. rI L �J BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby approves a contract with the Baytown Teenage Baseball Association and authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to said contract for a teenage baseball program. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: The City Council hereby authorizes payment of ONE THOUSAND TWO HUNDRED AND N01100 ($1,200.00) DOLLARS to the Baytown Teenage Baseball Association for a teenage baseball program. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ City Council of the February, 1987. ATTEST: and PASSED by the affirmative vote of the City of Baytown, this the 12th day of EILEEN P. HALL, City Clerk RANDALL B. STRONG, Cit orney C:1:14:8 TT 0. HUTTO, Mayor 70212 -4a THE STATE OF TEXAS CONTRACT COUNTY OF HARRIS ® WHEREAS, the BAYTOWN TEENAGE BASEBALL ASSOCIATION desires to administer and supervise the Teenage Baseball Program in the City of Baytown; and WHEREAS, the City Council of the City of Baytown recognizes that Teenage Baseball is a recreational activity which would normally come within the purview of the Parks and Recreation Department of the City of Baytown; and WHEREAS, the City Council of the City of Baytown is of the opinion that the interest of the citizens of Baytown in general and the participants in these activities in particular would best be served by the administration and supervision of this program by the BAYTOWN TEENAGE BASEBALL ASSOCIATION; NOW THEREFORE, KNOW ALL MEN BY THESE.PRESENTS: THAT the City of Baytown, a body corporate and politic under the laws of the State of Texas hereinafter called "City" and the BAYTOWN TEENAGE BASEBALL ASSOCIATION agree as follows: 1. That the City agrees to pay to the BAYTOWN TEENAGE BASEBALL ASSOCIATION the sum of ONE THOUSAND TWO HUNDRED AND N0 1100 ($1,200.00) DOLLARS for service to be rendered in the supervision and management of the' Teenage Baseball Program in the City of Baytown, Texas. 2. That the BAYTOWN TEENAGE BASEBALL ASSOCIATION, for and ® in consideration of the sum of ONE THOUSAND TWO HUNDRED AND NO 1100 ($1,200.00) DOLLARS, agrees to do all things necessary to manage and administer the Teenage Baseball Program in the City of - 1 - 70212 -4b G Baytown, Texas. 3. That the City of Baytown will not assume any responsibility for the supervision and administration of the Baytown Teenage Baseball Program nor assume any liability arising thereunder. 4. It is expressly agreed and understood by all parties hereto that the BAYTOWN TEENAGE BASEBALL ASSOCIATION is an independent contractor in its relationship to the City of Baytown. Nothing herein contained at any time or in any manner shall be construed to effect a contract of partnership or joint venture or render any party hereto the employer or master of any other party and /or its employees, agents or representatives. All necessary personnel shall be deemed employees of the BAYTOWN TEENAGE BASEBALL ASSOCIATION . 5. BAYTOWN TEENAGE BASEBALL ASSOCIATION convenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the CITY OF BAYTOWN, its agents, servants or employees, from and against any all claims for damages or injuries to ® persons or property of whatsoever kind or character, whether real or asserted, arising out of or incident of the support of the ® BAYTOWN TEENAGE BASEBALL ASSOCIATION, and all other operations - 2 - Baytown including, but not limited to the purchase of necessary equipment, soliciting and obtaining sponsors for teams, if necessary, soliciting and directing managers of teams and leagues, maintaining playing fields, providing officiating personnel and the performance of all other acts necessary to insure a successful Teenage Baseball program in the City of Baytown, Texas. 3. That the City of Baytown will not assume any responsibility for the supervision and administration of the Baytown Teenage Baseball Program nor assume any liability arising thereunder. 4. It is expressly agreed and understood by all parties hereto that the BAYTOWN TEENAGE BASEBALL ASSOCIATION is an independent contractor in its relationship to the City of Baytown. Nothing herein contained at any time or in any manner shall be construed to effect a contract of partnership or joint venture or render any party hereto the employer or master of any other party and /or its employees, agents or representatives. All necessary personnel shall be deemed employees of the BAYTOWN TEENAGE BASEBALL ASSOCIATION . 5. BAYTOWN TEENAGE BASEBALL ASSOCIATION convenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the CITY OF BAYTOWN, its agents, servants or employees, from and against any all claims for damages or injuries to ® persons or property of whatsoever kind or character, whether real or asserted, arising out of or incident of the support of the ® BAYTOWN TEENAGE BASEBALL ASSOCIATION, and all other operations - 2 - 70212 -4c 1987. CITY OF BAYTOWN Bv: - FRITZ LANHAM, City Manager BAYTOWN TEENAGE BASEBALL ASSOCIATION By S:5:9:1 LJ - 3 - arising under or otherwise incident to the provisions of this contract. BAYTOWN TEENAGE BASEBALL ASSOCIATION hereby assumes all liability and responsibility for injuries, claims or suits ® for damages to person or property, of whatever kind or character, whether real or asserted, occurring during the term of this contract, arising out of or by reason of the support of the BAYTOWN TEENAGE BASEBALL ASSOCIATION and all other operations arising under or otherwise incident to the provisions of this contract. EXECUTED IN DUPLICATE ORIGINALS, this the day of 1987. CITY OF BAYTOWN Bv: - FRITZ LANHAM, City Manager BAYTOWN TEENAGE BASEBALL ASSOCIATION By S:5:9:1 LJ - 3 -