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Ordinance No. 10,078Ordinance No. 10,078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE CONTRACT FOR ADVERTISING SERVICES IN CONNECTION WITH THE 2005 BAYOU BOWL WITH THE BAYTOWN AREA/WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION FOR ADVERTISING SERVICES IN CONNECTION WITH THE 2005 BAYOU BOWL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR THE ADDITIONAL SERVICES IN AN AMOUNT OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 to execute the First Amendment to the Contract for Advertising Services in Connection with the 2005 Bayou Bowl with the Baytown Area[West Chambers County Economic Development Foundation for additional advertising services in connection with the 2005 Bayou Bowl. 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 the Baytown Area/West Chambers County Economic Development Foundation in an amount of TWO THOUSAND AND NO / 100 DOLLARS ($2,000.00) in accordance with the contract authorized in Section I hereof. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by TWENTY -FIVE THOUSAND AND NO/ 100 DOLLARS ($25,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent (25 %). Section 4: 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 26th day of May, 2005. CALVIN MUNDINGER, Mayor ATTEST: AU00M4L GARNUW. SMIT -H, City Clerk APPROV►?D AS TO FORM: ® ACIO RAMIREZ, SR., Ci ttolmey R:\ Karen\ Files\ CityCounci l \Qrdinances\2005\h9ay 6 \BayouBoµl FIRST AMENDMENT ® TO THE CONTRACT FOR ADVERTISING SERVICES IN CONNECTION WITH THE 2005 BAYOU BOWL STATE OF TEXAS § § COUNTY OF HARRIS § This First Amendment ( "Amendment ") to that certain "Contract for Advertising Services in Connection with the 2005 Bayou Bowl" by and between the City of Baytown and the Baytown Area/West Chambers County Economic Development Foundation, dated March 15, 2005, is made by and between the same parties on the date hereinafter last specified. WITNESSETH: WHEREAS, the City of Baytown (the "City ") and the Baytown Area/West Chambers County Economic Development Foundation, ( "Foundation ") did enter into a Contract for Advertising Services in connection with the 2005 Bayou Bowl, dated March 15, 2005, ( "Agreement ") to perform certain economic development services to attract visitors to the City of Baytown by providing information about the City and emphasizing the City's many amenities; and WHEREAS, the City desires that additional economic development services be provided; and WHEREAS, the City and Professional agree to amend the Agreement to include the desired additional services in accordance with the Agreement with the revised compensation as incorporated herein; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows: Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment shall have the same meanings as in the Agreement. Section 2 of the Agreement is hereby amended to read as follows: Section 2. Services to be Provided. A. The Foundation shall provide the following economic development services for and on behalf of the City: 1. purchase five thirty- second advertisements on Fox Sports Southwest to be aired during the initial broadcast of the 2005 Bayou Bowl as well as any subsequent rebroadcasts and two mid -game broadcast billboards; 2. obtain: ® a. signage space between the 40 and 50 yard markers; b. one full -page advertisement in the game program; C. 200 game tickets; d. one customized in -game feature; and EMU A First Amendment to the Agreement for Advertisinp_ Services, Page I C. a Fox Sports interview of a designated representative of ® the City during the game; 3. submit a. the print advertisement to be included in the game program to the Bayou Bowl Association; b. the signage to be displayed on the field between the 40 and 50 yard markers to the Bayou Bowl Association; C. the thirty - second television advertisements developed by the Baytown Chamber of Commerce and approved by the City to Fox Sports Southwest; and d. the name and contact information of the City's designated representative who will be interviewed during the game to Fox Sports Southwest; 4. conduct other promotional programs to attract tourists to the Baytown area and the Bayou Bowl; and 5. coordinate and ensure that all of the advertising services specified herein are performed in a professional and positive manner to attract visitors to the City of Baytown by providing informative information about the City of Baytown and emphasizing the City's many amenities. B. The Foundation shall provide safety and security services as specified herein, for the health, security and safety of the public and convenience of traffic shall be regarded as prime importance throughout the Bayou Bowl and during all events connected thereto. In order to accomplish this purpose, the Foundation hereby contracts for safety services with the City of Baytown to provide one standby EMS ambulance & crew during the Bayou Bowl. Neither the City nor any officer of the City guarantees a safe, secure event or an event without incident. As such, the Foundation agrees to and shall assume all liability with respect to the safety and security of persons and property at all times during the Bayou Bowl, including, but not limited to, the periods during which the Stallworth Stadium and the surrounding parking areas are being set up and used by the fans and spectators, and releases and fully discharges the City from any and all actions, causes of action, claims, demands, costs, controversies, damages, and all other liability whatsoever for any and all personal injuries, deaths or property damages arising out of or in connection with the operation, control, and security of the Bayou Bowl. Section 4 of the Agreement is hereby amended to read as follows: Section 4. Fees. A. For and in consideration of the economic development services to be performed by the Foundation and in compliance with the terms of this contract and subject to the other provisions of this section, the City agrees to pay to the Foundation the total sum of TWENTY -SEVEN THOUSAND AND NO /100 DOLLARS ($27,000.00), within thirty (30) days of receipt and acceptance of the services detailed in Section 2 or within thirty (30) days of receipt of an invoice therefore, whichever is later. Should any of the services not be performed by the • Foundation in a timely manner as determined by the City, the Foundation agrees that it shall reduce its fee in proportion to the cost of the services not timely performed. First Amendment to the Agreement for Advertising Services, Page 2 B. For and in consideration of the safety and security services to be performed by the City and in compliance with the terms of this contract and subject to the other ® provisions of this section, the Foundation agrees to pay to the City a fee not to exceed THREE HUNDRED SIXTY AND NO 1100 DOLLARS ($360.00). The parties understand and agree that the fee will not be greater than the actual expense incurred by the City in providing safety services required herein. This fee shall be due within thirty (30) days after the Foundation receives an invoice for the services rendered. Should any security and/or additional safety services be required, the Foundation must contract directly with the provider of those services. 0 The provisions of this Amendment and the provisions of the Agreement should be read together and construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Agreement, the provisions of this Amendment shall control. Nothing contained in this Amendment or in the Agreement shall be construed in any way to limit or to waive the City's sovereign immunity. IN WITNESS WHEREOF, the parties have made and executed this contract in multiple copies, each of which shall be an original, on this the day of March, 2005. CITY OF BAYTOWN GARY JACKSON, General Manager ATTEST: GARY W. SMITH, City Clerk APPROVED AS TO FORM: BAYTOWN AREA/WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION (Signature) (Printed Name) (Title) ATTEST: (Signature) (Printed Name) (Title) IGNACIO RAMIREZ, SR., City Attorney R; \Karen\Files\Contracts \Economic Development\ IstAmendment2Agreement4AdverlisingServices4BayouBow lR.doc First Amendment to the Agreement for Advertising Services, Page 3 FIRST AMENDMENT TO THE CONTRACT FOR ADVERTISING SERVICES IN CONNECTION WITH THE 2005 BAYOU BOWL STATE OF TEXAS COUNTY OF HARRIS This First Amendment ("Amendment") to that certain "Contract for Advertising Services in Connection with the 2005 Bayou Bowl" by and between the City of Baytown and the Baytown Area/West Chambers County Economic Development Foundation, dated March 15, 2005, is made by and between the same parties on the date hereinafter last specified. WITNESSETH: WHEREAS, the City of Baytown (the "City") and the Baytown Area/West Chambers County Economic Development Foundation, ("Foundation") did enter into a Contract for Advertising Services in connection with the 2005 Bayou Bowl, dated March 15, 2005, ("Agreement") to perform certain economic development services to attract visitors to the City of Baytown by providing information about the City and emphasizing the City's many amenities; and WHEREAS, the City desires that additional economic development services be provided; and WHEREAS, the City and Professional agree to amend the Agreement to include the desired additional services in accordance with the Agreement with the revised compensation as incorporated herein; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows: I. Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment shall have the same meanings as in the Agreement. II. Section 2 of the Agreement is hereby amended to read as follows: Section 2. Services to be Provided. A. The Foundation shall provide the following economic development services for and on behalf of the City: 1. purchase five thirty-second advertisements on Fox Sports Southwest to be aired during the initial broadcast of the 2005 Bayou Bowl as well as any subsequent rebroadcasts and two mid -game broadcast billboards; 2. obtain: a. signage space between the 40 and 50 yard markers; b. one full -page advertisement in the game program; C. 200 game tickets; d. one customized in -game feature; and First Amendment to the Agreement for Advertising Services, Page 1 e. a Fox Sports interview of a designated representative of the City during the game; 3. submit a. the print advertisement to be included in the game program to the Bayou Bowl Association; b. the signage to be displayed on the field between the 40 and 50 yard markers to the Bayou Bowl Association; C. the thirty-second television advertisements developed by the Baytown Chamber of Commerce and approved by the City to Fox Sports Southwest; and d. the name and contact information of the City's designated representative who will be interviewed during the game to Fox Sports Southwest; 4. conduct other promotional programs to attract tourists to the Baytown area and the Bayou Bowl; and 5. coordinate and ensure that all of the advertising services specified herein are performed in a professional and positive manner to attract visitors to the City of Baytown by providing informative information about the City of Baytown and emphasizing the City's many amenities. B. The Foundation shall provide safety and security services as specified herein, for the health, security and safety of the public and convenience of traffic shall be regarded as prime importance throughout the Bayou Bowl and during all events connected thereto. In order to accomplish this purpose, the Foundation hereby contracts for safety services with the City of Baytown to provide one standby EMS ambulance & crew during the Bayou Bowl. Neither the City nor any officer of the City guarantees a safe, secure event or an event without incident. As such, the Foundation agrees to and shall assume all liability with respect to the safety and security of persons and property at all times during the Bayou Bowl, including, but not limited to, the periods during which the Stallworth Stadium and the surrounding parking areas are being set up and used by the fans and spectators, and releases and fully discharges the City from any and all actions, causes of action, claims, demands, costs, controversies, damages, and all other liability whatsoever for any and all personal injuries, deaths or property damages arising out of or in connection with the operation, control, and security of the Bayou Bowl. Section 4 of the Agreement is hereby amended to read as follows: Section 4. Fees. A. For and in consideration of the economic development services to be performed by the Foundation and in compliance with the terms of this contract and subject to the other provisions of this section, the City agrees to pay to the Foundation the total sum of TWENTY-SEVEN THOUSAND AND N0/100 DOLLARS ($27,000.00), within thirty (30) days of receipt and acceptance of the services detailed in Section 2 or within thirty (30) days of receipt of an invoice therefore, whichever is later. Should any of the services not be performed by the Foundation in a timely manner as determined by the City, the Foundation agrees that it shall reduce its fee in proportion to the cost of the services not timely performed. First Amendment to the Agreement for Advertising Services, Page 2 B. For and in consideration of the safety and security services to be performed by the City and in compliance with the terms of this contract and subject to the other provisions of this section, the Foundation agrees to pay to the City a fee not to exceed THREE HUNDRED SIXTY AND N0/100 DOLLARS ($360.00). The parties understand and agree that the fee will not be greater than the actual expense incurred by the City in providing safety services required herein. This fee shall be due within thirty (30) days after the Foundation receives an invoice for the services rendered. Should any security and/or additional safety services be required, the Foundation must contract directly with the provider of those services. The provisions of this Amendment and the provisions of the Agreement should be read together and construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Agreement, the provisions of this Amendment shall control. Nothing contained in this Amendment or in the Agreement shall be construed in any way to limit or to waive the City's sovereign immunity. IN WITNESS WHEREOF, the parties have made and executed this contract in multiple copies, each of which shall be an original, on this the 10 day of .Jore-, , 2005. CITY OF BAYTOWN ARY JAC , General Manager ATTEST: G . SMtT-H, City Clerk BAYTOWN AREA/WEST CHAMBERS ONOM[ EVELOPMENT TI (Signature) E. Reginald Brewer (Printed Name) Vice Chairman (Title) ATTEST: (Signature) (Printed Name) 64. c,�.Lor- 1 A-,L ,t- G� .�. (Title) APPROVED AS TO FORM: NACIO RAMIREZ, SR. C' Attorney R:\Karen\Filcs\Contracts\F—nomic Dcvclopmcnt\lstAmcndmcnt2Agrccmcnt4AdvcrtisingScrviccs4BayouBowlR.doc First Amendment to the Agreement for Advertising Services, Page 3 ka CERTIFICATION I, GARY W. SMITH, the duly appointed and acting City Clerk of the City of Baytown, Harris County, Texas, do hereby certify and attest that as part of my duties, I do supervise and act as lawful custodian of the records of the City of Baytown; that the attached 'document is a true and correct copy of Ordinance No. 10,078 ORDINANCE NO.109078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE CONTRACT FOR ADVERTISING SERVICES IN CONNECTION WITH THE 2005 BAYOU BOWL WITH THE BAYTOWN AREAIWEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION FOR ADDITIONAL ADVERTISING SERVICES IN CONNECTION WITH THE 2005 BAYOU BOWL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR THE ADDITIONAL SERVICES IN AN AMOUNT OF TWO THOUSAND AND NO1100 DOLLARS ($2,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Adopted by the City Council at its meeting held on May 26, 2005. WITNESS MY HAND AND SEAL of the City on May 28, 2005. G ry W. Smith, City Clerk