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Res 059-84 4/3/1984RESOLUTION NO.619- RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE WICHITA FALLS BASEBALL ASSOCIATION FOR MAINTENANCE OF KIWANIS PARK BALLFIELD NO. 4 . 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 Wichita Falls Baseball Association, providing for the maintenance of Kiwanis Park Ballfield No. 4 for the 1984 baseball season, is hereby approved, and the City Manager is authorized to execute such contract for the City of Wichita Falls. PASSED AND APPROVED this the 3rd day of April, 1984 . Y 0 R ATTEST: 19 2AL./ 4 ? L City Clerk STATE OF TEXAS X COUNTY OF WICHITA X 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 specifi- cations 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 1984 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. 265 , on the same day that damage is observed, or, if office is closed, the firstefirst working day that office is open after observation of damage. E. Association shall be responsible for repairs of the Kiwanis Park fkBall field #4 facility damaged by their members durin g the perfor- mance 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. Associaton 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 Asso- ciation' 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 passage through said property. Association agrees to execute document of waiver and indemnification as outlined in Supplement A. 2- 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 $300,000. 00 per occurrence, bodily injury; and property damage liability in the amount of not less than 50,000. 00. Term: Contract shall be April 15, 1984 to April 15, 1985. Termination or Transfer: Association shall not transfer or assign this agreement or any portion thereof 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 19 CITY OF WICHITA FALLS City Manager President, W.F. Baseball Assoc. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3- 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 ofqP 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 or 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 Falls fWichiats or any and all injuries that we mayyuiesthtey incur in the course of performance of said contract. President, W.F. Baseball Assoc.