Ordinance No. 6,947940310 -2
ORDINANCE NO. 6947
• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH THE BAYTOWN FAMILY YMCA FOR YOUTH SUMMER RECREATION
PROGRAMS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF THIRTEEN THOUSAND NINE HUNDRED SEVENTY -ONE AND
N01100 DOLLARS ($13,971.00); 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 City Manager and City
Clerk of the City of Baytown to execute and attest to a contract
with the Baytown Family YMCA for youth summer recreation programs.
A copy of said contract is attached hereto, marked Exhibit "A,"
and wade 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 THIRTEEN
THOUSAND NINE HUNDRED SEVENTY -ONE AND N01100 DOLLARS ($13,971.00),
pursuant to the contract.
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 10th day of March,
1994.
, 4 c. _
PETE C. AL ARO, Mayor
ATTEST:
EILEEN P;. HALL, City Clerk
4"Z35!-2 2" _Pr/i
ACIO RAMIREZ, , City Attorney
• IopU— iU3- 10-94y=NC0MRACP
THE STATE OF TEXAS $
$ CONTRACT
COUNTY OF HARRIS S
WHEREAS, the BAYTOWN FAMILY YMCA desires to administer and
supervise youth summer recreation programs in the City of Baytown;
and
WHEREAS, the City Council of the City of Baytown recognizes
that youth summer recreation programs, as described in Exhibits "A"
and "B" to this contract, are recreational activities 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 the administration and supervision of this program by
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, hereinafter called "YMCA," agree as follows:
1. The City agrees to pay the YMCA the sum of $13,971.00 as
compensation for providing youth summer recreation programs at two
summer playground sites, four tennis little league sites, and a
special population program, 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
EXHIBIT A
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 facilities
provided by the City, agrees to do all things necessary to manage
i
and administer said youth summer recreation programs 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 successful youth
summer recreation programs 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
programs 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 agrees to and shall indemnify, hold harmless, and
defend the City, its officers, agents, and employees, from and
against any and all claims, losses, damages, causes of action,
suits, and liability of every kind, including all expenses of
litigation, court costs, and attorneys' fees, for injury to or
death of any person, or for damage to any property, arising out of
or in connection with the support and all other operations of the
YMCA arising under or otherwise incident to the provisions of this
2
contract, where such injuries, death or damages, are caused by the
City's sole negligence or the joint negligence of the City and any
other person or entity. It is the expressed intention of the
parties hereto, both the YMCA and the City, that the indemnity
provided for in this paragraph is an indemnity by the YMCA to
indemnify and protect the City from the consequences of the City's
own negligence, whether that negligence is the sole or concurring
cause of the injury, death or damage.
7. The YMCA shall provide the City with Certificates of
Insurance for Workers' Compensation coverage for all statutory
amounts as required by Texas Law including a waiver of subrogation
and Commercial General Liability coverage with an aggregate of
$1,000,000 and $500,000 per occurrence listing the City as an
additional insured.
SIGNED IN DUPLICATE ORIGINALS, this the day of
199
40 kg.v=a-U1YMCAyoM M„
CITY OF BAYTOWN
By:
BOBBY ROUNTREE, City Manager
YMCA
By.
3
Attachment A
Page 1 of 3
� 0
SUMN ER PLAYGROUNDS - 1994
Salaries -
4 Playground Counselors
20 hr. at $4.50 x 10 wks x 4 =
Fica
3600 @ 7.65% _
Worksmen Comp.
Unemployment
First Aid Supplies
Recreational Supplies & Equipment
Snacks (one site)
25 x 45 days x 30 cents
Port A Can
Phones
2 playgrounds @ $60.00 x 2.5 mo.
+ $20.00 delivery each
Total
1 1
s
YMCA
Of Greater
Houston
Baytown
201 Wye Drive
Baytown, Texas 77521
713/427 -1797
FAX 713/837 -1283
$3,600.00
276.00
235.00
35.00
200.00
1,000.00
338.00
340.00
212.00
$6,236.00
YMCA Minion
To put Judeo- Christian
principles into practice
through programs that
build healthy body, mind
and spirit for all.
A Member Agency
of me United Way
Attachment A
Page 2 of 3 71
. YMCA
of Greater
Houston
Baytown
201 Wye Drive
Baytown, Texas 77521
713/4271797
FAX 713/837 -1283
TENNIS LITTLE LEAGUE - 1994
Part Time Employees 11980
Social Security 152
Worker's Compensation 84
Total Salaries $ 2,216
Printing 30
Wearing Apparel 440
Educational 446
Total Supplies $ 916
Advertising 40
PortaCan Rental 300
Total Services 340
Total Tennis Little League $ 3,472
YMCA Miaion
To put Judeo - Christian
principles into practice
through programs that
build healthy body, mind
and spirit for all.
A :Member Agency
of the United Way
Attachment A
Page 3 of 3 170
• YMCA
of Greater
Houston
Baytown
201 Wye Drive
Baytown, Texas 77521
713/427 -1797
FAX 713/8371283
SPECIAL POPULATIONS - 1994
Part Time: Director (200hrs)
1,500
Aides (360hrs)
1,530
Lifeguards (32hrs)
144
Social Security: Director
115
Aides
117
Lifeguards
11
Workers Compensation: Director
64
Aides
65
Lifeguards
7
Total Salaries
$ 3,553
Postage 15
Printing 25
Wearing Apparel 45
Educational 325
Total Supplies $ 410
PortaCan Rentals S 300
Total Special Populations $ 4,263
YMCA Mission
To put Judeo - Christian
principles into practice
through programs that
build healthy body, mind
and spirit for all.
a.
W
A Member Agency
of the United Way
0 EXHIBIT
Agreement between the Baytown Family YMCA and City of Baytown Parks & Recreation
Department for the provision of providing youth summer recreation programs in the
following areas: two S2) sites et ytoobedidentifi yet and aispeciale population
tennis little league Y
program at the Wayne Gray Recreation Center.
Item 1:
The programs w 11 be offered eMonday
August youth recreation The
eY6Cthrouwill h
Jun 9 994 progrm
through Friday.
Item 2:
The YMCA is responsible for, but not limited to, providing all staff,
equipment, and supplies.
Item 3:
The City is responsible for maintenance of the sites including, but
litter abatement tennis net repair.
not limited to , mowing of grass, ,
playground equipment maintenance, and facility set up.
Item 4:
It is agreed that the YMCA will provide attendance records for each
site at the completion of the youth summer recreation programs.
Item 5:
It is agreed that the YMCA will be responsible for registering all
the City will refer all inquiries about
participants in the programs;
the programs to the YMCA.
Item 6:
It is agreed that the City of Baytown Parks & Recreation Department
will be listed as a co- sponsor of the programs.
Item 7:
It is agreed that the City will pay the YMCA the following amounts
(1) Summer Playground Program -- $6,236.00; (2)
for each program:
Tennis Little League Program -- $3,472.00: (3) Special Population
Program -- $4,236.00. Total contract will be for $13,971.00.
Item 8:
It is agreed that, upon request, the YMCA will provide financial
records of all expenditures pertaining to the youth summer
recreation programs to the City of Baytown at the completion of the
from the total contracted
programs. Further, any balance remaining
of $13,971.00 completion program will be refunded
sum
f Baytown by tember 1, 1994
to the City y
Item 9:
It is agreed that the City will allow the YMCA to retain the
fees League Special Population
registration efrom cost to the YMCA �
to help offset administration
Item 10:
It is agreed that the YMCA will provide the Parks & Recreation
fees for the
ptheoQepa oof
Department aalist oyal by Department priornto the registration
programs for pp
participants.