Ordinance No. 7,733•I1I -iwmt
ORDINANCE NO. 7733
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH BAYTOWN FAMILY Y.M.C.A. FOR
YOUTH SUMMER RECREATION PROGRAMS; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, THE SUM OF FIFTEEN THOUSAND SIX
HUNDRED EIGHTY -FIVE AND N0 1100 DOLLARS ($15,685.00); MAKING
OTHER PROVISIONS RELATED THERETO; 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 of the City of Baytown to execute and attest to a contract with Baytown
Family Y.M.C.A. for youth summer recreation programs. A copy of said contract 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 Name
of Company of the sum of FIFTEEN THOUSAND SIX HUNDRED EIGHTY -FIVE AND NO /100
DOLLARS ($15,685.00), pursuant to the contract.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated
§ 252.048, the City Manager is hereby granted general authority to approve any change order
involving a decrease or an increase in costs of FIFTEEN THOUSAND AND NO /100 DOLLARS
($15,000.00) or less, subject to the provision that the original contract price may not be increased
by more than twenty -five (25 %) or decreased by more than twenty-five (25 %) percent without the
consent of the contractor to such decrease.
Section 4: 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 13th day of June, 1996.
"�& e ��
PETE C. ALFARO, Mayor
ATTEST:
- EILEEN P. H_AL , City Clerk
APPROVED AS TO FORM:
•
ACIO RAMIREZ, St City Attorney
c:\counci1\meetings\iune\ymca. 13
•
THE STATE OF TEXAS §
§ CONTRACT
COUNTY OF HARRIS §
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 $15,685.00 as compensation for providing
youth summer recreation programs at two tennis little league sites, a day in the park program at
various sites each Saturday, 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 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 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 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 reasons of the support
of the YMCA, and all other operations arising under or otherwise incident to the provisions of this
0 contract.
2
® 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
aAymcaxon
, 199_
CITY OF BAYTOWN
By:
BOBBY ROUNTREE, City Manager
YMCA of the Greater Houston Area
Y
William V. Phillips, President
3
EXHIBIT "B"
® 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: a special population program: two(2) tennis little leagues.
sites yet to be identified: and a family day in the park program aimed at
selected neighborhood parks on rotating Saturdays .
Item 1: The YMCA will provide youth recreation programs at the sites from
June 3 through August 9, 1996.
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
not limited to, mowing of grass, litter abatement, tennis net repair,
playground equipment maintenance, and facility set up (Gray
Recreation Center).
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
participants in the programs: the City will refer all inquiries about
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
for each program: (1) Administration -- $1,000.00: (2) Family Day In
the Park -- $5.833.33; (2)Tennis Little League Program -- $4.718.33:
(3) Special Population -- $4.133.34. Total contract will be for
$15.685.
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
programs. Further, any balance remaining from the total contracted
sum of $15,685 at the completion of the program will be refunded to
the City of Baytown by September 1, 1996.
Item 9: It is agreed that the City will allow the YMCA to retain the
registration fees from Tennis Little League and Special Population
to help offset administration cost to the YMCA.
• Item 10: It is agreed that. the YMCA will provide the Parks & Recreation
Department a list of proposed registration fees for the above
programs for approval by the Department prior to the registration of
participants.
THE STATE OF TEXAS §
§ CONTRACT
COUNTY OF HARRIS §
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 S 15,685.00 as compensation for providing
youth summer recreation programs at two tennis little league sites, a day in the park program at
various sites each Saturday, 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 rendered in the supervision and management of a youth
0 summer recreation program in the City of Baytown, Texas.
0 3. That the YMCA, for and in consideration of the facilities provided by the City, agrees to
do all things necessary to manage 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 ail 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 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 reasons of the support
of the YMCA, and all other operations arising under or otherwise incident to the provisions of this
40 contract.
2
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
aAymca.con
C
199
C�7111�Z���i_:�J'� r��`d1►1
By:
BOBBY ROUNTREE, City Manager
YMCA of the Greater Houston Area
William V. Phillips, President
V
- EXHIBIT "B"
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: a special population program: two(2) tennis little leagues,
sites yet to be identified: and a family day in the park program aimed at
selected neighborhood parks on rotating Saturdays
Item 1: The YMCA will provide youth recreation programs at the sites from
June 3 through August 9, 1996.
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
not limited to, mowing of grass, litter abatement, tennis net repair.
playground equipment maintenance, and facility set up (Gray
Recreation Center).
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
participants in the programs: the City will refer all inquiries about
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
for each program: (1) Administration -- $1,000.00: (2) Family Day In
the Park -- $5.833.33: (2)Tennis Little League Program -- $4.718.33:
(3) Special Population -- $4,133.34. Total contract will be for
$15,685.
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
programs. Further, any balance remaining from the total contracted
sum of $15.685 at the completion of the program will be refunded to
the City of Baytown by September 1, 1996.
Item 9: It is agreed that the City will allow the YMCA to retain the
registration fees from Tennis Little League and Special Population
to help offset administration cost to the YMCA.
• Item 10: It is agreed that the YMCA will provide the Parks & Recreation
Department a list of proposed registration fees for the above
programs for approval by the Department prior to the registration of
participants.
:7
SPECIAL POPULATIONS "CAMP FUN" - 1996
STAFF/ DIRECTOR $ 630.00
STAFF SALARIES $1215.00
FICA $14114
WORKER'S COMP. $ 87.45
TOTAL SALARIES $2073.59
POSTAGE
$
35.00
PRINTING
$
16.00
T-SHIRTS
$
350.00
MEDICAL
$
125.00
EDUCATIONAL
$
714.00
ADVERTISING
$
68.00
TOTAL $1308.00
TOTAL BUDGET CAMP FUN $3381.59
•
•
PARKS PROGRAM
PELLY PARK & GOOSE CREEK STREAM
STAFF PART TIME $4788.00
FICA $ 366.28
WORKER'S COMP. $ 226.95
TOTAL SALARIES $5381.23
EQUIPMENT
$
711.00
MEDICAL
$
125.00
PORTACAN
$
340.00
PHONES
$
300.00
TOTAL
$1476.00
TOTAL PARKS PROGRAM BUDGET $6857.23
•
171
Administrative Services
Staff Saiaries
FICA
Workers Compensation
TOTAL SALARIES
Printing
T- Shirts
Educational
TOTAL SUPPLIES
Advertising
PortaCan Rental
TOTAL SERVICES
TENNIS LITTLE LEAGUE - 1996
TOTAL TENNIS LITTLE LEAGUE BUDGET
0
$ 324.00
$3363.00
$ 257.77
$ 59.41
$4114.18
$ 30.00
$ 350.00
$ 588.00
$ 968.00
$ 68.00
$ 300.00
$ 368.00
$5450.18