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Ordinance No. 8,418ORDINANCE NO. 8418 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAYTOWN EVENING OPTIMIST CLUB FOR DEVELOPING, ORGANIZING AND MANAGING- BAYTOWN YOUTH FOOTBALL PROGRAMS AS WELL AS PROCURING, OPERATING AND MANAGING A PORTABLE CONCESSION TRAILER FOR THE SAME; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, OF AN AMOUNT NOT TO EXCEED THIRTY -FIVE THOUSAND AND NO /100 DOLLARS ($35,000); 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 of the City of Baytown to execute and the City Clerk to attest to a contract with Baytown Evening Optimist Club for developing, organizing and managing Baytown youth football programs as well as procuring, operating and managing a portable concession trailer for the same. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Baytown Evening Optimist Club of the sum of THIRTY -FIVE THOUSAND AND NO/] 00 DOLLARS ($35,000), pursuant to the contract. Section 3: 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 24" day of September, 1998. A,a t (f. PETE C. ALFARO, Mayor ATTEST: ?'Z', 144'� Zq � �' EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, R City Attorney c:klh I I I \CityCouncil\ Ordinances \BaytownEvening0ptimistCluh .Ord 1998 0 AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § THIS AGREEMENT is between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, hereinafter referred to as the "City" and the BAYTOWN EVENING OPTIMIST CLUB, a non - profit corporation of Harris County, Texas, hereinafter referred to as the "Organization." WHEREAS, the City desires to provide a youth football program for the benefit of its citizens; and WHEREAS, the Organization desires to provide such a program for the citizens of Baytown on behalf of the City pursuant to the terms and conditions hereof; and WHEREAS, both the City and the Organization also desire to offer concession items for sale to the public during the youth football events; and WHEREAS, the Organization is willing, in exchange for the consideration herein provided, to develop, organize and manage, or cause to be developed, organized and managed, youth football programs affording all youth of the City of Baytown the opportunity to participate in organized football activities and to procure, operate and manage a portable concession trailer; and NOW THEREFORE, for and in consideration of the foregoing premises and the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows: Organization's Responsibilities. 1.1 Youth Football Program Responsibilities. In exchange for the consideration expressed herein, the Organization shall develop, organize and manage, or cause to be developed, organized and managed, youth football programs affording all youth of the City of Baytown the opportunity to participate in organized football activities throughout the entire term hereof. 1.2 Acquisition of Portable Concession Trailer. The Organization shall prepare or cause to have prepared specifications for a portable concession trailer, which specifications shall be approved in writing by the City Manager of the City. Thereafter, the Organization shall seek bids from responsible vendors that sell portable concession trailers. The Organization shall analyze the bids received to determine if the same meet the specifications approved by the City Manager. Once the Organization ascertains which bid is the most beneficial to the Organization, the Organization shall submit the bid along with a negotiated sales contract to the City Manager for his written approval. After obtaining the City Manager's approval, the Organization shall immediately submit an executed sales contract to the successful vendor and take all necessary steps to place its order for the trailer. The Organization understands and agrees that in order for the ® Organization to be able to receive any monies from the City pursuant to this Agreement, the Organization must have obtained the City Manager's written approval of the sales contract on or before December 31, 1993. EXHIBIT A -I- ® 1.3 Trailer Maintenance and Repair Responsibilities. The Organization hereby understands and agrees that it will be responsible for the maintenance and repair of the trailer acquired pursuant to Section 1.2 hereof and shall ensure that the same is in good operating condition at all times throughout the term of this Agreement. The Organization shall, at the Organization's own expense, replace and install any equipment, materials, supplies, or other items required for the concession trailer's proper operation. 1.4 Operation of Portable Concession Trailer. It is understood that the Organization will be responsible for total operation of the concession trailer during all youth football games sponsored by the City and /or the Organization, and during any youth football tournament that is sponsored by any party to this Agreement. Such trailer may be operated for other events of the Organization; provided, however, the trailer shall first be dedicated to the youth football program as described in this section, then to other youth events of the Organization, and then to other eventsrof the Organization. At no titiie shall the trailer be sublet or loaned to another person or entity without the prior express written permission of the City Manager. 1.5 Provision of Food and Beverage. The Organization hereby agrees to provide at the concession trailer only those food and beverage items approved by the City's Director of Parks and Recreation. Prices charged by the Organization shall be pre- approved in writing by the City's Director of Parks and Recreation. 1.6 Organization Reports. The Organization shall prepare and submit to the City, as soon as practicable after the end of the Organization's fiscal year, a written report describing in detail the services performed by the Organization pursuant to this contract during the preceding fiscal year. 1.7 Conduct of Business. The Organization shall conduct the Organization's activities, which are related in any way to this Agreement, so as not to endanger any person. City's Responsibility. 2.1 Fee. 2.1.1 Amount. For and in consideration of the services to be performed by the Organization and compliance with the terms of this Agreement and subject to the other provisions of this section, the City agrees to pay to the Organization an amount not to exceed THIRTY -FIVE THOUSAND AND NO /100 DOLLARS ($35,000.00). The fees provided for the services herein shall be applied wholly to the acquisition of the portable concession trailer and if the total purchase price Of such trailer as indicated on the sales contract submitted by the Organization is less than THIRTY -FIVE THOUSAND AND N0 1100 DOLLARS ($35,000.00), the City shall only be obligated to pay an amount not to exceed the purchase price. 2.1.2 Tirnine. The City shall pay the fee in the amount calculated in accordance with Section 2.1.1 directly to the Organization on or before the 30'x' day after the City • Manager approves the final sales contract for the purchase of the portable concession trailer. -1) - ® 2.1.3 Contingency. The Organization understands and agrees that the City's obligation to pay any fee under this Agreement to the Organization is expressly contingent upon the Organization's ability to secure the City Manager's written approval of the sales contract on or before Decembef 31, 1998. The City Manager's written approval shall not be unreasonably withheld. 2.1.4 Refund. Should the Organization for any reason fail to purchase the portable concession trailer under the sales contract approved by the City Manager within 180 days of such approval or any extension thereof approved in writing by the City Manager, the City shall be entitled to a full refund of any and all fees which it paid pursuant to the terms of this Agreement. Such refund shall be made on or before the 10 "' day after written demand therefor has been made by the City Manager. Interest shall accrue on any fees not timely refunded at a rate of one percent per month. 2.2 ` The payment of the fee as provided for in this Section 2 shall be the only responsibility and obligation of the City under this Agreement. Measures to Ensure Compliance. 3.1 Checks and Inspections. In order to ensure faithful performance and compliance with all the terms and conditions hereof, random checks of the youth football program's operation as well as the random inspections of the portable concession trailer acquired with the funds provided for herein shall be carried out throughout the term of this Agreement at the option and convenience of the City Manager. The City Manager or his designee will perform an inspection of the trailer at least once a year. At each such inspection, the trailer shall be in the same or better condition that it was in when the same was originally procured, taking into account normal wear and tear. 3.2 Liquidated Damages. The Organization and the City understand and agree that the failure to maintain or repair the trailer in a timely manner will cause daniage to the City and further agree that such damages cannot be accurately measured and that ascertainment of the same will be difficult. Therefore, the parties agree that for each and every calendar day the needed maintenance or repairs, as determined at the sole discretion of the City Manager, are not made, the Organization shall pay as compensation for the same a minimum,of $100.00. Additionally, the City may make a claim under the Organization's public liability, property damage insurance policy in effect. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the City and the Organization as to the minimum amount of damages which the City will sustain in any event by reason of the Organization's failure to maintain or timely repair the portable concession trailer. Should the City suffer damages over and above the minimum amount specified, the City shall recover such additional amount. All remedies enumerated herein shall be cumulative and the City shall not be required to elect any nor deemed to have an election by proceeding to enforce any one remedy. 3.3 Audit. The Organization shall provide to the City, within ninety (90) days of the close of the Organization's fiscal year, its annual financial statements. The City may, at any time it chooses, to conduct or cause to be conducted an audit of the Organization's records and ® financial transactions. The cost of said audit will be borne by the City. The Organization shall make available all of its records in support of the audit. ® 4. INDEMNITY THE ORGANIZATION 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 ANY AND ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PERFORMED BY THE ORGANIZATION PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF THE ORGANIZATION'S BUSINESS OR ACTIVITIES, OR FROM ANY ACT OR OMISSION BY THE ORGANIZATION, ITS AGENTS, SERVANTS, EMPLOYEES, SUBCONTRACTORS, GUESTS, OR INVITEES, WHERE SUCH INJURIES, DEATH OR-DAMAGES ARE CAUSED BY (I) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY OR THE (I1) JOINT OR SOLE NEGLIGENCE OF THE ORGANIZATION. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE ORGANIZATION AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE ORGANIZATION TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE AND /OR (II) THE ORGANIZATION'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. In the event that any action or proceeding is brought against the City by reason of any of the above, the Organization further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. The indemnity provided hereinabove shall survive the termination and /or expiration of this Agreement. Insurance. 5.1 Insurance during Term of Agreement. Throughout the term of this Agreement, the Organization at the Organization's own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from the Organization's operations and /or performance of its obligations under this Agreement, whether such operations and /or obligations be by the Organization, its agents, representatives, volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. is 5.2 Organization's Insurance Primary. The Organization's insurance coverage shall be primary insurance with respect to the City and its volunteers and agents. Any insurance M ® or self - insurance maintained by the City, its officials, employees or volunteers shall be considered in excess of the Organization's insurance and shall not contribute to it. Further, the Organization shall include all subcontractors as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5.3 Required Coverages: The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: (a) Workers' Compensation Policy IN Statutory amounts required by Texas law. • Employers' Liability: $500,000. • Should the Organization have no employees, the Organization shall sign an affidavit to such effect and shall indemnify, protect, and defend the City, its officers, agents and employees from any claim arising from a person claiming to be an employee of the Organization. (b) Commercial General Liability Policy; • General aggregate of $1,000,000 and • Minimum of $500,000 per occurrence. • Coverage shall be at least as broad as ISO CG 00 01 10 93 • No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance by the City. (c) Automobile Liability Policy, ■ Whenever, the portable concession trailer is being moved by means of a motor vehicle, the Organization shall ensure that the person moving the trailer has at a minimum the following level of insurance in effect at the time of movement: ■ Limits of: ■ $20,000 for bodily injury per person ■ $40,000 for bodily injury per accident ■ $15,000 for property damage per accident. 5.4 Filing Certificates. Before performing any of the obligations pursuant to this Agreement, the Organization shall file with the City valid certificates of insurance and endorsements acceptable to the City. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled, suspended, voided, or reduced until at least sixty (60) days' prior written notice has been given to the City via certified mail, return receipt requested. 5.5 General Requirements. The following are general requirements which are applicable to all policies: 5.5.1 General Liability and Automobile Liability insurance shall be written by a carrier with an A.M. Best Rating of A:VII or higher in accordance with the current Best Key Rating Guide. 5.5.2 Only insurance carriers licensed and admitted to do business in the State of Texas ®will be accepted. -5- ® 5.5.3 Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 5.5.4 Claims -made policies will not be accepted. 5.5.5 The City, its officials, employees and volunteers, are to be added as .`.`Additional Insureds" to the General Liability Policy. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officials, employees or volunteers. 5.5.6 A waiver of subrogation in favor of the City with respect to Workers' Compensation Insurance must be included should the Organization be required herein to obtain workers' compensation coverage. 5.5.7 Upon request, certified copes of all insurance policies and /or certificates of insurance shall be furnished to the City without cost to the City. Additionally, certificates of insurance showing evidence of insurance coverage shall be provided to the City on or before the execution of this Agreement. 6. Term. This Agreement shall become effectively immediately upon the signature of the City Manager of the City of Baytown and shall remain in full force and effect for a term of ten years, unless sooner terminated in accordance with the terms and conditions hereof. The City will have no claim to the portable concession trailer upon the expiration of this Agreement. Termination. A party may terminate this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this contract required to be performed or observed by that party, which shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due the city, state, or federal government, including, but not limited to, any taxes, fees, assessments, liens or any payments identified in this Agreement; (c) the dissolution of the Organization; (d) the failure to perform the Organization's obligations under this Agreement to the satisfaction of the City Council; and /or (e) any violation of this Agreement. Should such a default occur, the party against whom the default has occurred shall have the right to terminate this Agreement as of the 10 °i day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 10 -day period the defaulting party cures the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. INS • Upon the termination of tills Agreement and compliance with section 8 herein, both parties shall be relieved of their respective obligations herein stated, except the indemnity provision contained herein shall survive such termination. Transfer of Propert y. Upon termination of this Agreement, the Organization shall immediately and in any event no later than five (5) days after the effective date of the termination tender and /or transfer to the City the trailer together with its title to the trailer and all equipment and other materials relating to its operation as a portable concession trailer. Should the Organization fail to so tender and transfer the trailer along with its title, equipment and materials relating to the portable concession trailer, the parties hereto agree that such failure will cause damage to the City and further agree that such damages cannot be accurately measured and that ascertainment of the same will be difficult. Therefore, the parties agree that for each and every calendar day the Organization fails to tender and transfer the trailer along with its title, equipment and materials relating to the portable concession trailer to the City in accordance with this section, the Organization shall pay as compensation for the same a minimum of $500.00. Additionally, the City may make a claim under the Organization's public liability, property damage insurance policy in effect. Tile remedy 'enumerated herein shall be cumulative and the City shall not be required to elect any nor deemed to have an election by proceeding to enforce any one remedy. Resolution of Disputes. In the event the City is of the opinion that the intent of this Agreement is being violated by the Organization or its employees, the Director of Parks and Recreation shall direct that such violations be corrected or abated, which order shall be obeyed by the Organization within the time specified by the Director of Parks and Recreation, except that the Organization may appeal such decision to the City Manager if the Organization files a written appeal within ten (10) days of the Director of Parks and Recreation's order. The Organization may, within ten (10) days after the decision of the City Manager, file a written appeal to the City Council to review the subject matter of the controversy and the City Council in its discretion may pass on the matter or grant a hearing thereon. The decision of the City Council shall be final and binding and not subject to review by the Courts. Failure or refusal of the Organization to comply with any such order of the Director of Parks and Recreation if the same be not reversed by the City Manager or the City Council, the City Manager may cancel this Agreement without further liability or obligation. 10. Independent Contractor. It is expressly agreed and understood by all parties thereto that the Organization is an independent contractor in relation to the City of Baytown. Nothing herein contained shall be construed to effect an agreement of partnership or joint venture or render any party hereto the employer of any other party and /or its employees, agents, or representatives. All necessary operating personnel shall be deemed employees of the Organization. I I. Ambiguities. In the event of any ambiguity in any of the terms of this contract, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 12. Notice. All notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notices given by mail shall be deemed given three (3) days after the date of mailing thereof to the Following addresses: -7- 9 ORGANIZATION Baytown Evening Optimist Club Attn: Vernon Hayes, President P.O. Box 695 Baytown, TX 77522 Fax No. (281) 839 -0168 CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax No. (281) 420 -6586 13. Compliance with Applicable Laws. The Organization agrees that in the performance of its undertakings and obligations under this Agreement, the Organization will strictly observe and abide by all rules, regulations and laws of the United States of America, the State of Texas and the City of Baytown, as they now exist or may hereinafter be enacted or amended. 14. Time of the Essence. Both the Organization and the City acknowledge that time is of the essence in this Agreement. 15. Waiver. 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 of 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 or to exercise any right or remedy occurring as a result of any future default or failure of performance. 16. Choice of Law and Venue. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. 17. Sale of Interest. The Organization may not sell or assign all or part interest in this Agreement or in the portable concession trailer to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 18. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 19. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he /she represents. 20. No Third Party Beneficiaries. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the Organization and the City only. -8- 0 21. Entire Agreement. This Agreement represents the entire agreement of the parties hereto and may only be amended or supplemented by mutual agreement of parties hereto in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the _ day of 1998, the date of execution by the City Manager of the City of Baytown. Baytown Evening Optimist Club VERNON HAYES, Presi City of Baytown BOBBY ROUNTREE, City Manager ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR. Ci Attorney STATE OF TEXAS COUNTY OF HARRIS § V Before me, t l(1. R the undersigned notary public, on this day personally appeared Vernon Hayes, in his capacity President of Baytown Evening Optimist Club, on behalf of such corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. \``,�tttttult1:111 l' r� Sh S DP ORN before me this��ay of , 1998. y g aNta Public in Ind far the Stgt-o exas OF c:klh l 10\contrae r3 T'i OptimistClubPonablcConccssionTrailcrContract .Clcan �111111111it (tlll���� -9- STATE OF TEXAS AWNTY OF HARRIS AFFIDAVIT Before me, the undersigned authority, personally appeared VERNON HAYES, the President of the Baytown Evening Optimi Club (the "Organization ") who is personally known to me and who, after being duly sworn according to law, upon his oath deposed an said: My name is VERNON HAYES. I am over eighteen (18) years of age. I have never .been convicted of a crime involving moral turpitude. I am fully competent to make this affidavit and personally acquainted with the facts herein. am the President of the Organization; and in such capacity, I hereby certify and avow that the Organization has no employees. 1 further understand and agree that should the Organization subsequently hire any employee during the term of the Agreement during which the Organization is obligated to provide a youth football program for the City. of Baytown, (the "Agreement ") that the Organization shall immediately procure and maintain Workers' Compensation Insurance in accordance with Section 5.3 of the Agreement. . Furthermore, the Organization hereby, for itself, its officers, agents, and assigns, forever RELEASES, ACQUITS, DISCHARGES, and HOLDS HARMLESS, the City of Baytown, its officers, agents and employees of and from any and all claims for debts, damages, causes of action, suits, liabilities, and demands of whatever nature, whether contractual, statutory or in tort or otherwise, which may accrue by reason of the representations which 1 have made in this affidavit and /or which may arise out of or in any way be connected with, directly or indirectly, the Project brought by a person claiming to be an employee of the Organization. IN CONSIDERATION OF BEING AWARDED THE AGREEMENT, THE ORGANIZATION SHALL INDEMNIFY AND DEFEND THE CITY OF BAYTOWN, ITS OFFICERS, AGENTS AND EMPLOYEES, COLLECTIVELY REFERRED TO IN THIS PARAGRAPH AS THE CITY, 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 ANY PERSON OR FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FAILURE OF THE ORGANIZATION TO PROCURE AND MAINTAIN WORKERS' COMPENSATION INSURANCE AS REQUIRED IN THE AGREEMENT, WHETHER SUCH INJURIES OR DAMAGES ARE CAUSED BY THE SOLE OR JOINT NEGLIGENCE OF THE CITY. IT IS MY EXPRESSED INTENTION THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY ME TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE RESULTING INJURY OR DAMAGE. In the event that any action or proceeding is brought against the City by reason of any of the above, I further agree and covenant to defend the action or proceeding by legal counsel acceptable to the City of Baytown. Further, affiant saith not. ki�� ze VERNON HAYES, Pr ent Ba town Evening Op mist Club SWORN TO AN ` ',fore me on this th�day of -�1�1J , 199Q _ J• ao ® z Notary blic in nd for the St ts-o Tesas � F+ 0F TE*V. X20 0 0 Z1uttuntttt����� e klh I I Wont racIsl optimistClubContract\ Organizat ion AFfi davit. NoEinployecs