Ordinance No. 7,186941208 -2
ORDINANCE NO. 7186
• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT
FOR A YOUTH SPORTS PROGRAM; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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 authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to a contract
with Goose Creek Consolidated Independent School District for a
Youth Sports Program. A copy of said contract is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 8th day of December,
1994.
C.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
g4m.Q 9-nZil
JGWACIO RAMIREZ, U.f City Attorney
• IepUco =U/dwember/ 12- 8 -94sud Kgccisd
STATE OF TEXAS S
.s CONTRACT
COUNTY OF HARRIS §
WHEREAS, the (0. J, e7.,g . desires to
administer and supervise a youth sports program in the City of
Baytown; and
WHEREAS, the City Council of the City of Baytown recognizes
that a youth sports program as described in Exhibit "A" to this
contract 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
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
�� r � 0. A cc J.7 �Q . hereinafter called
"Association," agree as follows:
I. The City agrees to provide to the Association the
facilities described in Exhibit "A" as compensation for
the Association's services rendered in the supervision
and management of a youth sports program in the City of
0 Baytown, Texas.
EXHIBIT A
2. That the Association, for and in consideration of the
• facilities provided by the City, agrees to do all things
necessary to manage and administer said youth sports
program in the City of 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, providing
officiating personnel and the performance of all other
acts necessary to insure a successful youth sports
program in the City of Baytown, Texas. In addition, the
Association will be responsible for maintenance of the
facilities as described in Exhibit "A," which is attached
hereto and incorporated by reference herein for all
intents and purposes.
3. The City of Baytown does not assume any responsibility
for the supervision and administration of the youth
sports program nor does it assume any liability arising
thereunder.
4. It is expressly agreed and understood by all parties that
the dD"A* GAejF;Fok, L:, � J0 , 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
agents or employees of the Association.
�a
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5. The Association agrees
to and shall indemnify,
hold
harmless 'and defend the
City, its officers, agents
and
employees from and against any and all claims, losses,
damages, causes of action, suits, and liability of every
kind, including all expenses of litigation, court costs,
and attorneys' fees, for injury to or death of any
person, or for damage to any property, arising out of or
in connection with all operations by the Association,
whether real or asserted, where such injuries, death, or
damages, are caused by the City's sole negligence or the
joint negligence of the City and any other person or
entity. It is the expressed intention of the parties
hereto, both the Association and the City, that the
indemnity provided for in this paragraph is indemnity by
the Association contractor to indemnify and protect the
City from the consequences of the City's own negligence,
whether that negligence is the sole or a concurring cause
of the injury, death or damage.
6. This contract shall be effective from the date of signing
by the Association until , 19� unless
OF
thirty days written notice of a party's desire to
terminate this contract is given to the other party.
7. The Association shall not sell, assign, or transfer any
of its rights or obligations under this contract in whole
or in part without prior written consent of the City, nor
0 shall the Association assign any monies due or to become
due to it hereunder without the previous consent of the
City.
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8. Failure of either party hereto to insist on the strict
• performance of any of the agreements herein or to
exercise any rights or remedies accruing thereunder upon
default or failure to performance shall not be considered
a waiver of the right to insist on and to enforce by an
appropriate remedy strict compliance with any other
obligation hereunder to exercise any right or remedy
occurring as a result of any future default or failure of
performance.
9. This agreement.shall in all respects be interpreted and
construed in accordance with and governed by the laws of
the state of Texas, regardless of the place of its
execution or performance. The place making and the place
of performance for all purposes shall be Baytown, Harris
County, Texas.
10. All parties agree that should any provision of this
Agreement be determined to be invalid or unenforceable,
such determination shall not effect any other terms of
this Agreement, which shall continue in full force and
effect.
SIGNED IN DUPLICATE ORIGINALS, this the 19 r* day of
!N 0 QV-'% SEtZ , 19q4- .
CITY OF BAYTOWN
. BOBBY ROUNTREE, City Manager
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0 EXHIBIT "A"
Agreement between the Goose Creek C.I.S.D. and the City of Baytown Parks & Recreation
Department for the use of Field G. at the Wayne Gray Sports Complex Softball Fields.
Item 1: The City agrees to give Goose Creek C.I.S.D. first priority use of Field G
during the months of January 1 to May 15.
Item 2: The Baytown Girls Fast Pitch Assoc. retains first priority use of Field G during
the months of May 15 to December 31 and second priority use all other months.
If B.G.F.P.A. has a need to use Field G prior to May 15, that need shall be
worked out between Goose Creek C.I.S.D. and the B.G.F.P.A.
Item 3: Electrical service costs /payments at the Gray Sports Complex Field G is the
responsibility of Goose Creek C.I.S.D. during their use (cost - $10 per hour).
Item 4: B.G.F. P. A. will be responsible for year -round maintenance of Field G including,
but not limited to the following: pre - season field preparation of infield and
outfield, addition of infield dirt, watering infield, dragging infield, marking field
on game days, filling holes around bases daily, purchasing and maintenance of
all bases, home plate, and pitching plate, working field after rain days to make
it playable, mowing outfield, trimming around fences and backstop, etc. Be
responsible for maintenance or repair of the scoreboard, P.A. system, pressbox,
and fence around field. The B.G.F.P.A. will be responsible for all field
0 maintenance as described above for all Goose Creek C.I.S.D. home games.
• Item 5: The City will be responsible for any major fencing, electrical service and
plumbing repairs, plus field light fixtures aiming /adjusting and replacement of
ballfield lamps.
Item 6: B.G.F.P.A. will be responsible for the supplies and cleaning of restrooms and
litter control while field is being used by Goose Creek C.I.S.D.
Item 7: The telephone (if applicable) will be maintained by and billed directly to
the B.G.F.P.A.. Goose Creek C.I.S.D. will have a written agreement with the
B.G.F.P.A.. about Goose Creek C.I.S.D. use of the telephone. This agreement
for telephone use must be filed with the Baytown Parks & Recreation Department
by Goose Creek C.I.S.D. within thirty (30) days of signing this contract.
Item 8: The operation of the concession stand shall be under the management of the
organization that has the current contract. The management of the concession
stand and Goose Creek C.I.S.D. shall have an annual written agreement for the
sale of concessions by Goose Creek C.I.S.D. /Booster Clubs of either school
during Goose Creek C.I.S.D. home games and any other activities sponsored by
the Goose Creek C.I.S.D. during the agreement. A copy of said agreement shall
be filed with the Baytown Parks and Recreation Department by Goose Creek
C.I.S.D. within thirty (30) days of signing this contract. Proceeds from the
concession sales during Goose Creek C.I.S.D. primary use during school district
games and any other activities sponsored by Goose Creek C.I.S.D. shall be used
for the operation of the Goose Creek C.I.S.D. softball program.
Item 9: It is agreed that should Goose Creek C.I.S.D. desire to expand or modify fY the
facilities during the tenure of this agreement, the school district shall pay the cost
of said improvements. Prior to beginning construction, all expansions /additions
or modifications shall first be reviewed by the Parks and Recreation Advisory
Board and approved by the Director of Parks and Recreation.
Item 10: It is agreed that Goose Creek C.I.S.D. shall have the responsibility and authority
for protection of all game officials, players, coaches, and spectators with whatever
action is deemed necessary at the time by the school district.
Item 11: Goose Creek C.I.S.D. & B.G.F.P.A. shall agree to provide a current set of keys
for all locks and update as needed to the Superintendent of Parks.
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