Ordinance No. 16,053 ORDINANCE NO. 16,053
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 FOURTH AMENDMENT TO THE SERVICES
AGREEMENT WITH THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER
CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 and the City Clerk to attest to the Fourth Amendment to the Services
Agreement with The University of Texas M.D. Anderson Cancer Center. A copy of said amendment is
attached hereto as Exhibit "A," and incorporated herein 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 23rd day of January, 2025.
t'xTCI.Jry� C LE JOII , Mayor
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A 'E JACK N;;Qity lerk"1
APPROVED A TO �s-�
SCOTT LEM ND, City Attorney
R:Ordinances and Resolutions Ordinance Drafts 2025-01-23.Ordinance for 4th Amendment to Services Agreement with M D Anderson docr
City of Baytown
EXHIBIT "A"
AMENDMENT NOA TO SERVICES AGREEMENT
This Amendment No. 4 to the Services Agreement(this "Amendment")is made as of the
31st of August 2024, by and between City of Baytown ("Partner") and The University of
Texas M. D. Anderson Cancer Center ("MD Anderson").
WHEREAS, the parties entered into a Services Agreement dated April 1, 2018, as
amended September 1, 2019, July 1, 2020, and July 15, 2022 (collectively, the
"Agreement"):
WHEREAS, the parties wish to amend the terms of this Agreement to add to the
Services and extend the term of the Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreement contained herein, the parties hereby agree to amend the Agreement as follows:
1. Section 1.1 is hereby deleted in its entirety and replaced with the following:
1.1 The Parties agree that Partner shall appoint Clifford Hatch as the Lead
Implementer.Coordinator, who shall act on behalf of and as an employee of
Partner, to oversee the performance of the Services. Partner agrees that
performance of the Services on behalf of Partner hereunder will be within the
scope of, and governed by the terms of, this Agreement.
2. Section 2.1 is hereby deleted in its entirety and replaced with the following:
2.1 Subject to Partner', timely performance of the Services in accordance with the terms of
this Agreement, and the timely achievement of objectives noted in Exhibits A, A-1, A-2, and
A-3, MD Anderson shall pay the Partner in an amount not to exceed one million, tvventv_four
thousand, one hundred and eighteen dollars ($1,024,118.00). Invoiced amounts should
reflect the actual expenditure made by Partner to achieve set objectives. MD Anderson may
decrease or withhold any payments if the performance of the Services is not timely
performed as required by this Agreement. Partner shall invoice MD Anderson irr
accordance with the instructions set_forth in Exhibit C-I for Services
performed and the fee schedule set.
3. The Services to be performed by Partner under the Agreement are hereby further
expanded to include the services set forth in Exhibit A-3, attached hereto.
4. Exhibit C is hereby deleted in its entirety and replaced with the attached Exhibit C-1.
5. Section 5.1 is hereby deleted in its entirely and replaced with the following:
5.1 This Agreement is effective as of the Effective Date until August 31, 2026, unless
earlier terminated as set forth herein. This Agreement may be extended by nuttetal
City of Baytown
agreement of the parties.
All other terms and conditions ofthe Agreement shall remain in full force and effect.
The parties have signed this Amendment as set forth below.
[Signature page to,follow]
City of Baytown
By:
Name:
Title:
Date:
The University of Texas M. D. Anderson Cancer Center
By:
Name:
Title:
Date:
Read and Approved:
By:
Name:
Title:
Date:
City of Baytown
Exhibit A-3
Additional Services Overview
In addition to the Services set forth in Exhibit A, A-1, and A-2, City of Baytown will strengthen
initiatives centered around improving neighborhood parks and increasing their usage to get
Baytown residents moving, as well as initiatives that continue to promote sun safely efforts.
Activities will include hosting senior fitness classes; hosting bike event at the Baytown Nature
Center; kayaking workshops, installation of umbrellas at aquatic facilities: implementing the
Pool Cool training for lifeguards.
City of Baytown agrees that it is solely responsible for supervising and overseeing the design.
construction, and maintenance of the infrastructure items, such as sunshades, walking trail and
umbrellas.
Table A-3 Objectives and Reporting Metrics
• . 1 • 4 1
Objective Evaluation Metrics & Milestones
By August 31, 2025, host up to 8 park events, • Number of events held where trailer is used
where Park trailer will be used resulting in a total of
1600 people attending. Number of attendees per event
By August 31, 2025, will encourage the use of the Number of neighborhood parks
Agents of Discovery app in up to 8 neighborhood
parks, resulting in 1,000 application users. Number of individuals participating in activity
challenge (number of phones played on the
virtual scavenger hunt)
Distance walked (obtained from Agents of
Discovery app)
By August 31, 2025, host up to 4 Senior Fitness • Number of classes
Classes, each with weekly sessions. Total weekly
attendance goal is 75 participants. Number of weekly sessions
• Average number of class participants per week
By August 31, 2025, update content for the Be • Number of updated social media posts used
Well Moves campaign to improve the use of the • Number of updated digital displays used
overall campaign.
• Number of outdoor printed signs posted
By August 31, 2025, host a Family Bike Ride and . Number of individuals registered for event
bike safety instruction at the Baytown Nature
Center, resulting in a total of 100 individuals • Number of individuals attending event
registering for the event . Number of promotional strategies used (provide
list of strategies in notes section)
By August 31, 2025, host up to four kayaking . Number of kayak workshops presented
workshops at locations in Baytown resulting in up
to 150 individuals participating in workshops. Number of individuals attending workshop
Kayaks will be transported on new kayak trailer to
City of Baytown
multiple locations. . Number of locations utilized for kayaking
workshop (list the locations)
By March 31, 2025, will actively participate in It's . Number of classes and programs uploaded into
Time Texas Community Challenge (ITT), resulting
in increased participation among Baytown the ITT app.
residents. • Number of registration events hosted
By August 31, 2025, increase sun safe practices at . Number of sunscreen bottles provided to
community pools through education and
infrastructure improvements lifeguards
• Number of umbrellas installed at the aquatic
facilities
Number of lifeguards participating in the Pool
Cool survey
Percent of lifeguards who complete Pool Cool
training who feel confident that they can
decrease their risk of developing skin cancer
through behaviors that protect their skin from
UV radiation (e.g. applying sunscreen, seeking
shade, etc.
• Percent of lifeguards who complete Pool Cool
training who believe that it is important to use
sun protection such as applying sunscreen,
wearing protective clothing, and seeking shade
to prevent sunburn and reduce the risk of skin
cancer
• Percent of participants who complete Pool Cool
lessons who feel confident that they can
decrease their risk of developing skin cancer
through behaviors that protect their skin from
UV radiation (e.g. applying sunscreen, seeking
shade, etc.
Percent of participants who complete Pool Cool
lessons who believe that it is important to use
sun protection such as applying sunscreen,
wearing protective clothing, and seeking shade
to prevent sunburn and reduce the risk of skin
cancer
City of Baytown
• Number of lifeguards trained on Pool Cool
curriculum
• Number of lifeguards teaching Pool Cool
curriculum
• Number of participants receiving Pool Cool
curriculum
ME
Objective Evaluation Metrics & Milestones
By August 31, 2026, host up to 8 park • Number of events held where trailer is used
events, where Park trailer will be used, Number of attendees per event
resulting in a total of 1600 people
attending.
i By August 31, 2026, will encourage the • Number of neighborhood parks
use of the Agents of Discovery app in • Number of individuals participating in activity challenge
up to 8 neighborhood parks, resulting in
1,000 application users. (number of phones played on the virtual scavenger hunt)
• Distance walked (obtained from Agents of Discovery app)
By August 31, 2026, host up to 4 Senior • Number of classes
Fitness Classes, each with weekly . Number of weekly sessions
sessions. Total weekly attendance goal
is 75 participants. • Average number of class participants per week
By March 31, 2026, will actively • Number of classes and programs uploaded into the ITT
participate in It's Time Texas
Community Challenge (ITT), resulting app'
in increased participation among • Number of registration events hosted
Baytown residents.).
By August 31, 2026, increase sun safe • Number of sunscreen bottles provided to lifeguards
practices at community pools through
education and infrastructure Number of umbrellas installed at the aquatic facilities
improvements • Number of lifeguards participating in the Pool Cool survey
• Percent of lifeguards who complete Pool Cool training who
feel confident that they can decrease their risk of
developing skin cancer through behaviors that protect their
skin from UV radiation (e.g. applying sunscreen, seeking
shade, etc.
• Percent of lifeguards who complete Pool Cool training who
believe that it is important to use sun protection such as
applying sunscreen, wearing protective clothing, and
seeking shade to prevent sunburn and reduce the risk of
skin cancer
City of Baytown
• Percent of participants who complete Pool Cool lessons
who feel confident that they can decrease their risk of
developing skin cancer through behaviors that protect their
skin from UV radiation (e.g. applying sunscreen, seeking
shade, etc.
• Percent of participants who complete Pool Cool lessons
who believe that it is important to use sun protection such
as applying sunscreen, wearing protective clothing, and
seeking shade to prevent sunburn and reduce the risk of
skin cancer
• Number of lifeguards trained on Pool Cool curriculum
• Number of lifeguards teaching Pool Cool curriculum
• Number of participants receiving Pool Cool curriculum
City of Baytown
Exhibit C-1 Payment for Services
Payment for Services
In consideration for Services to be performed by City of Baytown and subject to the terms of this
Agreement, MD Anderson agrees to pay an additional amount of ninety thousand three hundred dollars
($90,300.00) for the Services set forth in Exhibit A-3, for a total contract amount of one million twenty-
four thousand one hundred and eighteen dollars($1,024,118.00) for the term of the agreement. Table 3.
Payment Schedule outlines the estimated payment structure per quarter throughout the life of this
Agreement. Payment is contingent upon timely and satisfactory progress or achievement towards set
objectives described in Table A, A-1 A-2,and A-3. Invoice amounts should reflect the actual expenditure
made to achieve set objectives. MD Anderson may decrease or withhold any payments if the
performance of the Services is not timely performed as required by this Agreement.
Note: The budget should include the full costs of program implementation. In stewardship of the
resources available to The University of Texas MD Anderson Cancer Center and with the intent to
directly impact the needs of communities through direct investment in evidence-based interventions, all
expenses directly related to projects and execution of the agreed teens in the statement of work are
allowable; indirect costs as a standalone category are not an allowable expense.
Rendering Payment
Quarterly invoice amounts should reflect the actual expenditures made during the given quarter and
should be submitted once the quarterly report has been received and approved by the Be Well
Communities team. The Be Well Communities team will notify the project manager at City of Baytown
to submit the invoice. Payments will be rendered quarterly throughout the fiscal year based on progress
of set objectives. If services are postponed or no progress has been made on set objectives, invoices
submitted will not be approved for payment. The Purchase Order number will be provided by MD
Anderson to City of Baytown after the execution of this agreement. To request payment, an invoice
should be emailed to MD Anderson's Accounts Payable department at mdaccap(cUindanderson.org and
cc'd bwcreporting{a.mdanderson.or . Send only one invoice per email and include vendor name in
subject line. Electronic invoices shall be provided in a secure, non-alterable electronic format(such as
Adobe .pdo. To submit an invoice by mail, send to:
MD Anderson Cancer Center
Accounts Payable, Unit 1699, PO Box 301401 Houston, TX 77230-1401
Phone: 713-745-9439
Please submit each invoice within sixty (60) calendar days of the end of month in which the invoiced
services were performed. Each invoice must be standard typed original invoice GCCISD letterhead.
Invoice requirements shall include but are not limited to the following:
• Billing related to only one valid MD Anderson Purchase Order. with the Purchase Order
number listed on the face of invoice:
• Invoice date and unique invoice number
• Description of services provided
• Amount
• Remittance advice, with organizations legal name and `remit to' address,telephone, and fax
numbers
City of Baytown
Table 3. Tentative Payment Schedule
SchedulePayment
QuarterFunding Year 1st Quarter 2nd
(Sept) D-
Fiscal Year 18 - - - $195,050 $195,050
Fiscal Year 19 $15,600 $15,600 $15,600 $15,600 $62,400
Fiscal Year 20 $29,650 $29,650 $29,650 $29,650 $118,600
Fiscal Year 21 $0 $167 $167 $166 $500
Fiscal Year 22 $0 $334 $333 $333 $1,000
Fiscal Year 23 $93,446 $93,446 $93,446 $93,446 $373,784
Fiscal Year 24 $45,621 $45,621 $45,621 $45,621 $182,484
Fiscal Year 25 $13,037.50 $13,037.50 $13,037.50 $13,037.50 $52,150
Fiscal Year 26 $9,537.50 $9,537.50 $9,537.50 $9.537.50 $38,150
Total • • - $1,024,118