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Ordinance No. 6,647930527 -1 ORDT[1ANCE NO. 6647 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAYTOWN FAMILY YMCA FOR A YOUTH SUMMER RECREATION PROGRAM AT PELLY PARK AND BOWIE SCHOOL PARK; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIX THOUSAND THREE HUNDRED TWENTY -FOUR AND NO 1100 DOLLARS ($6,324.00); 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 Mayor and City Clerk of the City of Baytown to execute and attest to a contract with Baytown Family YMCA for a youth summer recreation program at Pelly Park and Bowie School Park. A copy of said agreement 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 Family YMCA of the sum of SIX THOUSAND THREE HUNDRED TWENTY -FOUR AND N01100 DOLLARS ($6,324.00), pursuant to the Agreement. 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 27th day of May, 1993. PETE C. ALFARO, Mayor ATTEST: '4_e — EILEEN P. HALL, City Clerk ACIO RAMIREZ, $3., City Attorney iagaUcounciU5 -27 -93 authAOREEymca THE STATE OF TEXAS: CONTRACT COUNTY OF HARRIS : WHEREAS, the Baytown Family YMCA desires to administer and supervise a youth summer recreation program in the City of Baytown; and WHEREAS, the City Council of the City of Baytown recognizes that a youth summer recreation program as described in Exhibits "A" and "B" to this contract is a recreational activity which would normally come within the purview of the Parks and Recreation Department of the City of Baytown; and WHEREAS, the City Council of the City of Baytown is of the opinion that the interest of the citizens of Baytown in general and the participants in these activities in particular would best be served by administration and supervision of this program by the Baytown Family YMCA; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT the City of Baytown, a body corporate and politic under the laws of the State of Texas hereinafter called "City" and the Baytown Family YMCA hereinabove called "YMCA," agree as follows: 1. The City agrees to pay the YMCA the sum of $6,324 as compensation for providing a youth summer recreation program at Pelly Park and Bowie School Park, as itemized in Exhibit "A ". 2. The City agrees to provide to the YMCA the facilities described in Exhibit "B" as compensation for the YMCA's services rendered in the supervision and management of a youth summer recreation program in the City of Baytown, Texas. EXHIBIT A 3. That the YMCA, for and in consideration of the funds and facilities provided by the City, agrees to do all things necessary to manage and administer said youth summer recreation program in the City of Baytown including, but not limited to the purchase of necessary equipment, soliciting, hiring, and supervising personnel, and the performance of all other acts necessary to insure a successful youth summer recreation program in the City of Baytown, Texas. 4. The City of Baytown does not assume any responsibility for the supervision and administration of the youth summer recreation program nor does it assume any liability arising thereunder. 5. It is expressly agreed and understood by all parties hereto that the YMCA is an independent contractor in its relationship to the City of Baytown. Nothing herein contained at any time or in any manner shall be construed to effect a contract of partnership or joint venture or render any party hereto the employer or master of any other party and/or its employees, agents or representatives. All necessary personnel shall be deemed agents or employees of the Association. 6. The YMCA covenants and agrees to indemnify, hold harmless and defend, the CITY OF BAYTOWN, its agents, servants or employees, from and against any and all claims for damages or injuries to persons or property of whatsoever kind of character, whether real or asserted, arising out of or incident to the support of the YMCA, and all other operations arising under or otherwise incident to the provisions of this contract. The YMCA hereby assumes all liability and responsibility for injuries, claims or suits for damages to person or property, of whatever kind or character, whether real or asserted, occurring during the term of this contract, arising out of or by reason of the support of the YMCA, and all other operations arising under or otherwise incident to the provisions of this contract. 7. This contract shall be effective from the date of signing by the YMCA until August 6, 1993, unless thirty days written notice of a party's desire to terminate this contract is given to the other party. SIGNED IN DUPLICATE ORIGINALS, this the day of , 199_. CITY OF BAYTOWN By: PETE C. ALFARO, Mayor VA5to1:II By: Baytown Branch 201 Wye Drive Baytown, Texas 77520 (713) 427 -1797 EXHIBIT "A„ GREA TER HOUSTON AREA BAYTOWN YMCA CITY PARKS PLAYGROUND PROPOSAL PARKS - PELLY & BOWIE Salaries - 4 Playground Counselors 20 hr. at $4.50 x 10 wks x 4 = $3,600.00 Fica 3600 @ 7.65% = 276.00 Worksmen Comp. 235.00 Unemployment 35.00 First Aid Supplies 200.00 Recreational Supplies & Equipment 1000.00 Snacks {one site} 25 x 45 days x 30 cents 338.00 Port A Can 2 playgrounds @ $60.00 x 2.5 mo. 340.00 + $20.00 delivery each Phones 300-00 Total $bJZ4.UU oerrmer Agenc', ,V ,.,e Lcre i :, z. EXHIBIT "B" Agreement between the Baytown Family YMCA and City of Baytown Parks & Recreation Department for the provision of a youth summer recreation program at Pelly Park and Bowie School Park. Item 1: The YMCA will provide the youth summer recreation program at both sites from Monday, June 7 through Friday, August 6, 1993. The program will be held Monday through Friday. Item 2: The YMCA is responsible for providing all staff, equipment, and supplies as listed in, but not limited to, Exhibit B. Item 3: The City is responsible for maintenance of the two sites including, but not limited to, mowing of grass, litter abatement, and playground equipment maintenance. Item 4: It is agreed that the YMCA will provide attendance records for each site at the completion of the youth summer recreation program. Item 5: It is agreed that the City of Baytown Parks and Recreation Department will be listed as a co- sponsor of the program. Item 6: It is agreed that the YMCA will be responsible for registering all participants in the program; the City will refer all inquiries about the program to the YMCA. Item 7: It is agreed that, upon request, the YMCA will provide financial records of all expenditures pertaining to the youth summer recreation program to the City of Baytown at the completion of the program. Further, any balance remaining from the contracted sum of $6,324 at the completion of the program will be refunded to the City of Baytown by August 31, 1993.