Res 012-85 2/15/1985' J
RESOLUTION N0. / i— 'P
RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH THE WICHITA
FALLS BASEBALL ASSOCIATION FOR MAINTENANCE OF
KIWANIS PARK BALLFIELD NUMBER FOUR.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and the Washita Falls Baseball
Association, providing for the maintenance of Kiwanis Park
Ballfield Number Four for the period from February 1, 1985, to
December 31, 1985, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 5th day of February, 1985.
ATTEST:
Cit Clerk
STATE OF TEXAS )(
COUNTY OF WICHITA H
City of Wichita Falls
Parks and Recreation Department
Contract for Maintenance of Kiwanis Park Ballfield #4
This agreement made and entered into by and between the City
of Wichita Falls, a municipal corporation, and the Wichita Falls
Baseball Association, hereinafter called Association.
Scope: Association shall furnish all labor, materials, equipment,
supplies, and services to maintain, in a superior condition
Kiwanis Park Ballfield #4. The field shall be maintained to
provide a safe playing surface with a neat, clean appearance
according to the specifications set out in this contract.
General:
A. All work must be performed in a safe, professional,
workmanlike manner with quality equipment and materials. All
equipment must-be maintained for top performance and safety and
be available for a safety inspection by a representative of the
Parks and Recreation Department, if deemed necessary.
B. Association agrees to prepare Kiwanis Park Ballfield #4
according to their � published game schedule. Field
preparation shall include, but not be limited to, dragging, filling
holes, field marking, and pitcher's mound preparation.
C. All dugouts, bleacher area, and inside of fenced play
area on Field #4 must be free of debris and trash, and said
debris must be removed from site by Association and deposited in
an authorized dump site. All debris hauling must be done in such
a manner as to abide by all applicable City and State codes and laws.
D. Any damaged park property observed by Association must
be reported to the Parks and Recreation Office, 322 -5611, ext. 255,
on the same day that damage is observed, or, if office is closed,
the first working day that office is open after observation of damage.
E. Association shall be responsible for repairs of the Kiwanis
Park Ballfield #4 facility damaged by their members during the
performance of this contract. The Parks and Recreation Office must
be notified if such damage is sustained by Association so that a
Parks and Recreation representative may assess degree of damage
before repairs are made.
F. Association shall not sublease Kiwanis Park Ballfield #4
to any other teams or organizations, without the prior approval of
the Director of Parks and Recreation or his authorized agent.
G. With the approval of the Director of Parks and Recreation,
Association may make improvements to Kiwanis Park Ballfield #4 at
Association's own expense.
Liability: The City of Wichita Falls, the Parks and Recreation
Department, and its authorized agents will not be liable for any
loss or damage sustained by Association or any other person.
Association shall save the City of Wichita Falls whole and harmless
from any and all claims for damage of whatever kind and nature,
suffered or asserted to have been suffered by any member of
Association or any property of Association or any other person
arising out of or resulting from or in any way connected with the
performance of this contract. Association shall exercise every
necessary precaution for the safety of the property and the protection
of any and all persons and /or property located adjacent to or making
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Passage through said property. Association agrees to execute
document of waiver and indemnification as outlined in Supplement A.
Insurance: Contractor further agrees to provide City with a
certificate of insurance attesting to the ownership of a contractor's
liability insurance policy in the amount of $1,000,000.00 C.S.L.
bodily injury and property damage. The City is listed as an
additional named insured.
Term: Contract shall be February 1,1�61 to December 31,1-
Termination or Transfer: Association shall not transfer or assign
this agreement or any portion there of to any person or persons,
except upon written approval of the Director of Parks and Recreation.
Either party may terminate this contract with one week written
notice prior to termination to the other party.
This agreement entered into this the day of
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CITY OF WICHITA FALLS
President , W.F. Baseball Assoc.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Maintenance Supplement A
Waiver and Indemnification
We, the Wichita Falls Baseball Association, for and in consideration
of the extension of contract to perform certain maintenance services
for the City of Wichita Falls Parks and Recreation Department at
Kiwanis Park Ballfield #4, hereby acknowledge that we are aware of
the risks inherent in such acts, especially the risks inherent in the
use of powered maintenance equipment to be used in the performance
of said contract; and further, we agree to indemnify and hold the City
of Wichita Falls harmless against any and all claims by all persons
arising out of the work to be performed by us under the aforesaid
maintenance contract, as well as claims by agents, servants, employees,
or any member of their family acting in his stead for any injury of
damage occurring including acts of employees of the City of Wichita
Falls, property damage claims, or personal injury during the term of
this contract. In our behalf, for and in consideration of the above
aforesaid contract with the City of Wichita Falls, we hereby
acknowledge that we are fully aware of the risks that we may incur in
performing said contract and agree to indemnify and hold harmless the
City of Wichita Falls for any and all injuries that we may incur in
the course of performance of said contract.
President, W. F. Baseball Assoc.