Ordinance No. 14,190ORDINANCE NO. 14,190
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 FIRST
AMENDMENT TO THE SERVICES AGREEMENT WITH THE UNIVERSITY
OF TEXAS M.D. ANDERSON CANCER CENTER; 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 to execute and the City Clerk to attest to the First Amendment to
the Services Agreement with The University of Texas M.D. Anderson Cancer Center. A copy of
the amendment is attached hereto, marked Exhibit "A," and made a part hereof 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 261h day of September, 2019.
I-nno I Ali
B• •
ATT T:
ETICIA BRYSCH, C Clerk
APPROVED AS TO FORM:
NACIO RA M41RREZ, S�yi y Attorney
R' Karen Files City Council Ordinances\2019 September 26 FirstAmendmentwithMDAnderson.doc
Exhibit "A"
AMENDMENT No. 1 TO SERVICES AGREEMENT
This Amendment No. 1 to the Services Agreement (this "Amendment") is made
as of the Is' day of September, 2019, by and between City of Baytown ("Partner") and
The University of Texas M. D. Anderson Cancer Center ("MD Anderson').
NKHEREAS, the parties entered into a Services Agreement dated April 1, 2018
(the "Agreement");
WHEREAS, the parties wish to amend the terms of this Agreement to add to the
Services and change the Lead Implementer`Coordinator;
NOW,THE'REFORE, in consideration of the premises and the mutual covenants
and agreement contained herein, the parties hereby agree to amend the Agreement as
follows:
1. The first sentence of Section 1.1 is hereby deleted in its entirety and replaced
with the following:
The Parties agree that Partner shall appoint Scott Johnson as the Lead
Implementer Coordinator, who .shall act on behalf of and as an employee of
Partner, to oversee the performance of the Services.
2. Section 2.1 is hereby deleted in its entirety and replaced with the following:
2.1 Subject to Partner's timely performance of the Services in accordance
with the terms of this Agreement, and the timely achievement of milestones
noted in Exhibits A and A-1, MD Anderson shall pay to Partner in an amount
not to exceed three hundred seven!) --seven thousand five hundred fiy dollars
(S3"",550). Partner shall invoice MD Anderson in accordance with the
instructions setforth in Exhibit B-1 for Services performed and the fee
schedule set.
3. The Services to be performed by Partner under the Agreement are hereby
expanded to include the services set forth in Exhib it A- 1, attached hereto.
4. Exhibit B is hereby deleted in its entirety and replaced with the attached
Exhib it 13-1.
5. All other terms and conditions of the Agreement shall remain in full force and
effect.
[Signature page to follow]
The parties have signed this Amendment as set forth below.
City of Baytown
City Manager
By: _
Name:
Title:
The University of Texas
M. D. Anderson Cancer Center
By:
Name:
Title:
Exhibit A-1. Additional Services Overview
In addition to the Services set forth in Exhibit A, City of Baytown Parks and Recreation
Department (PARD) will create a series of "Pop -Up Park" events to encourage residents to
engage in free community fitness activities that they might otherwise not have access to due
to limited transportation. "Pop -Up Park" event brings free fitness opportunities to
underserved communities. Signature offerings will include POUND Fitness, dance fitness,
yoga and other activities. All programming will be free to the community and aims to capture
a wide audience. To encourage walkability the City of Baytown will be an instrumental
partner with Harris County Public Health in the development of the county's plan for safe
routes to schools `parks.
Table 1. Objectives and Reporting Metrics, outlines objectives and evaluation metrics to measure
the progress of the proposed plan.
Table A-1.Objectives and Reporting Metrics
M@1 :
I '
fflmogs
Objective
Evaluation Metrics & Milestones
•
Number of parks assessed
By September 2019, PARD will develop criteria to identify
•
Number of parks confimred for Pop -Up Park
locations for the pop-up park events resulting in a list of 12
events
potential locations for the Pop -lip Park Project.
•
Names of locations of parks confirmed for Pop-t'p
park events
By October 2019, PARD will develop aPop-l'p Park
•
Number of events scheduled
schedule outlining the details of 8 park events.
•
Number of kid friendly activities
•
Number and typeof materials ordered
By January 2019, PARD will begin promoting the Pop -Up•
•
Number of posts on social media
Park Project on social media, update the website, work with
Number of outreach opportunities attended to
2 edernal community partners resulting in community
promote the event(s)
awareness of the events.
.
Number of community partners to promote the
events
•
Number of events held
•
Estimated number of attendees per event (non -
unique adult and children)
By August 2020, PARD will have hosted 5 Pop Up Park
•
Number of individuals actively participating in the
events, resulting in a total of500 people attending.
fitness programming during the pop up park
event(s)
•
Number of minutes of each fitness class held
during o up park events
By August 31. 2020, City of Baytown will participant in the
•
Participate in the convening of stakeholders as part
working group developing the Safe Routes to Schools and
of the Safe Routes to Schools/Parks planning
Parks plan led by Harris County Public Health.
process led by Harris County Public Health
'
IalI=
'
Number of events assessed
By October 2020, PARD will re-evaluate last year's events
to identifj a list of potential locations for the Pop -Up Park
'
Number of parks confirmed for Pop -Up Park
Project.
events
0
List of locations that 12 events will be hosted
•
Number of events held
•
Estimated number of attendees per event (non -
unique adult and children)
By August 2021. PARD will have hosted 12 Pop -Up Park
•
Number of individuals actively participating in the
events resulting in 750 people attending.
fitness programming during the pop up park
event(s )
•
Number of minutes of each class held during pop
up park events
By August 31, 2021, City of Baytown will participant in up
to two training/technical assistance opportunities provided
0
Number oftrainings attended
by Harris County Public Health for key partners related to
SRTS/SRTP.
0
Number of city employees who attended a training
By August 31, 2021, City of Baytown will support Harris
County Public Health to host at least one SRTP engagement
•
Support the promotion of the Harris County Public
event at 1 of the priority parks.
Health community engagement event
By October of2021, PARD will re-evaluate last year's
'
Number of events assessed
events to identify a list of potential locations for the Pop -Up
'
Number of parks confirmed for Pop -Up Park
Park Project.
events
•
List of locations that 12 events will be hosted
•
Number of events held
•
Estimated number of attendees per event (non -
unique adult and children)
By August 2022, PARD will host 12 Pop -Up Park events
•
Number of individuals actively participating in the
resulting in 1000 people attending.
fitness programming during the pop up park
event(s )
•
Number of minutes of each fitness class held
during pop up park events
By August 31, 2021, City of Baytown N%ill participant in up
two training/technical assistance opportunities provided by
•
Number oftrainings attended
Harris County Public Health for key partners related to
•
Number of city employ ees who attended a training
SRTS/SRTP
By August 3l, 2022, City of Baytown will support Harris
County Public Health to host at least one SRTP engagement
.
Support the promotion of the Harris Count) Public
event at 1 of the priority parkscommunity
Health co engagement event
By August 31, 2022, City of Baytown will support the
finalized development and design of a Safe Routes to
•
Consider the execution of recommendations in the
Schools/Parks plan presented from Harris County Public
Safe Routes to School parks plan
Health
Exhibit B-1. Payment for Services
Payment for Services
In consideration for Services to be performed by City of Baytown to the terms of this Agreement,
MD Anderson agrees to pay an additional one hundred seventeen thousand seven hundred dollars
($117,700) for the additional Services set forth in Exhibit A-1, for a total contract amount of three
hundred seventy-six thousand eight hundred fifty dollars for the term of this Agreement. Table 2.
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 1 and Table A-1. 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.
Re nde ring Payment
Payments will be rendered in 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 the 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
mdaccapLa)mdanderson.ora and cc'd the Program Manager of the initiative. 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 .pdf). 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 on City
of Baytown's 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 City of Baytown's legal name and "remit to" address, telephone,
and fax numbers
Table 2. Payment Schedule