Ordinance No. 7,984970522 -5
ORDINANCE NO. 7984
® 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 FIVE HUNDRED
TWENTY -TWO AND NO /100 DOLLARS ($15,522.00); 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 Baytown
Family Y.M.C.A. of the sum of FIFTEEN THOUSAND FIVE HUNDRED TWENTY -TWO AND
NO /100 DOLLARS ($15,522.00), 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 1100 DOLLARS
($15,000.00) or less, subject to the provision that the original contract price may not be increased
by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %)
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 22nd day of May, 1997.
x� (7
PETE C. ALFA O, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
10 S�'� �e� -
ACIO RAMIREZ, SR ity Attorney
Ocouncil\meeti ngslmaylymea.22
® 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, which are attached hereto
and incorporated herein for all intents and purposes, 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 $15,522.00 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 as detailed in Exhibits "A" and "B" in the City of Baytown, Texas.
3. 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 ensure 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
1
EXHIBIT A
® 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.
•
a
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 DA.M.AGE
TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH A WORK DONE
AND /OR THE SERVICES PERFORMED BY THE YMCA PURSUANT TO THIS
AGREEMENT, THE CONDUCT OR MANAGEMENT OF THE YMCA'S ACTIVITIES, OR
FROM ANY ACT OR OMISSION BY THE YMCA, ITS AGENTS, SERVANTS,
EMPLOYEES, SUBCONTRACTORS, GUESTS, OR INVITEES, ON OR ABOUT THE
PROPERTY SUBJECT TO THIS AGREEMENT, WHERE SUCH INJURIES, DEATH OR
DAMAGES ARE CAUSED BY THE JOINT NEGLIGENCE OF THE CITY AND ANY
OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO, BOTH THE YNICA AND THE CITY, THAT THE INDEMNITY PROVIDED FOR
IN THIS PARAGRAPH IS INDEMNITY BY THE YMCA TO INDEN=Y AND PROTECT
THE CITY FROM THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHERE
THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTL IG INJURY, DEATH
OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH
OR DAINIAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
In the event that any action or proceeding is brought against the City by reason of any matter
from which the City is indemnified herein, the YMCA further agrees and covenants to defend the action
or proceeding by legal counsel acceptable to the City.
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 Contract.
7. The YMCA shall provide the City with Certificates of Insurance evidencing the
coverages required in Exhibit "C," which is attached hereto and incorporated herein for all intents
and purposes.
8 The YMCA shall not sell, assign, or transfer any of its rights or obligations under this
Contract, in whole or in part, without prior written consent of the City, nor shall the YMCA assign
any monies due to or to become due to it hereunder without the previous consent of the City.
® 9. Unless otherwise provided in this Contract, any notice provided for or permitted to
be given must be in writing and delivered in person or by depositing same in the Unites States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Contract, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly
changed as provided for hereinbelow:
CITY OF BAYTOWN
Attn: Pete C. Alfaro, Mayor
C/O Director, Parks and Recreation Department
P. 0. Box 424
Baytown, Texas 77522 -0424
YMCA
Attn:
Each party shall have the right from time to time at any time to change its respective address
and each shall have the right to specify a new address, provided that at least fifteen (15) days' written
notice is given of such new address to the other party.
10. The City, besides all other rights or remedies it may have, shall have the right to
terminate this Agreement with or without cause upon ten (10) days' written notice from the City
Manager to the YMCA of the City's election to do so. Furthermore, the City may immediately
terminate this Agreement if the YMCA breaches this Agreement. A breach of this Agreement shall
include, but not be limited to, the following:
failing to pay insurance premiums, claims or other charges;
2. failing to pay any payments due the City, State or Federal Government from the
YMCA or its principals, including, but not limited to, any taxes, fees, assessments,
Iiens, or any payments identified in this Agreement;
the institution of voluntary or involuntary bankruptcy proceeding against the YMCA;
4. the dissolution of the YMCA;
• 5. the violation of any provision of this Agreement; and/or
0 6. the abandonment of the Agreement or any portion thereof and discontinuance of the
YMCA's services or any portion thereof.
n
LJ
Upon delivery of any notice of termination required herein, the YMCA shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, the YMCA shall submit a final statement showing in detail the services
satisfactorily performed and all other appropriate documentation required herein for payment of
services.
11. Failure of either party hereto to insist on the strict performance of any of the
agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure
of performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
12. This Agreement shall in all respects be interpreted and construed in accordance with
and governed by the laws of the State of Texas, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be Baytown,
Harris County, Texas.
13. All parties agree that should any provision of this Agreement be determined to be
invalid or unenforceable, such determination shall not affect any other term of this Agreement,
which shall continue in full force and effect.
14. This Agreement shall not bestow any rights upon any third party, but rather, shall
bind and benefit the YMCA and the City only.
15. This Agreement contains all the agreements of the parties relating to the subject
matter hereof and is the full and final expression of the agreement between the parties.
16. The officers executing this Agreement on behalf of the parties hereby represent that
such officers have full authority to execute this Agreement and to bind the party he /she represents.
4
N WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same Agreement on the day of , 1997, the date of execution by
the City Manager of the City of Baytown.
ATTEST:
EILEEN P. HALL, City Cleric
APPROVED AS TO FORM:
CITY OF BAYTOWN
By:
BOBBY ROUNTREE, City Manager
YMCA
_ � fi�Jl� y ✓� t�P_c`cJc_x-
Printed Name
Title
A,o4& /r
C<s
® STATE OF TEXAS §
COUNTY OF HARRIS § 0�
Before me on this day personally appeared ail�c. , in his/her
capacity as r .yt _��� of the YMCA, on behalf of such
association, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he /she executed the same for the purposes and consideration therein
expressed.
SUBSCRIBED AND SWORN before me this a`f day of , 1997.
9:!9E] N
My COMMISSION EXPIRES Notary Pu >c in and for the State of Texas
• c: kIh331Parks &Rccrci6on\YMCAI.Contract
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uai;Iuiy1 lu:ui r.�_i :31 4GWI3Ys 5.0�fUhi':\ YaCA
SUMMER PARKS PROGRAM
TENNIS YOUTH LE6GUE
This program will include 2 sites, Baytown Jr. School and Robert E_
Lee High School.- Lessons will be held Monday thru Wednesday with
matches held on Thursday at Robert E. Lee High School_ Our target
' number of children is 120 between the ages of 6 -15 years of age.
FAMILY DAY IN THE PARK
This program will include 2 park sites in low income areas.
The program will be open to the public and people living in the surrounding
area of the park. The first "Day in the Park" will introduce the daily summer
Park Program. The second will serve as Back to School Bash; getting the
children excited about returning to school and putting an end to the
summer fun.
PA KS PROGRAM
The Park Program will operate Monday -Friday from 90:00 -1:00 p.m.
We will again collaborate with the Goose Creek CISD and offer the Free
Lunch Program Monday - Thursday. Our target number is to serve 50f
children at each site. Activities will include but not limited to: arts -n-
crafts, sports,,games, camping trip and swimming.
CAMP FUN /SPECIAL POPULATIONS
The Camp Fun /Special Populations program is for young adults
between the ages of 17 and older who are physically challenged. This
program works in collaboration with ARC (Association of Retarded
Citizens). Camp Fun will be held Monday and Thursday at the Sports Grey
Center from 6:30 - 9:30 p-m. Activities include but not limited to: arts -n-
crafts, sports, games, field trips, and swimming. We serve about 35 - 40
young adults.
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"EXHIBIT A"
A Day in the Park S Parks Program
Staff Salaries (combination of both programs)
Parks $4,292.39
Day in the Park 3$ 19.94
$4,6'12.04
Medical
$
125.00
Advertising
$
200.00
Awards
$
200.00
Equipment
471.00
170.00
$
996.00
TOTAL $5,608.33
Tennis Youth League
Staff Salaries = $3,433.6B
T- Shirts
$
500.00
Medical
$
175.00
Awards
$
200.00
Equipment
$
170.00
Printing
200.00
$ 1245.00
9 TOTAL $4,678.68
04/10/97 12 44 F.I 281 4201328 RAYTOWN IICA
camp Fun1S ecial Po s.
Staff Salaries . ;-- $2,410.33
TShirts
$ 500.00
Printing
$ 200.00
Medical
$ 125.00
Supplies
$ 800.00
Transportation
$ 200.00
$ 1825.00
TOTAL $4,235.33
ADMINISTRATION
TOTAL $ 1,000.00
U003
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
leagues at R.B.L. High School and Baytown Junior High: 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, 1997.
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 -- $5,608.33: (2)Tennis League Program -- $4,678.34:
(3) Special Population -- $4,235.33. Total contract will be for
$15,522.
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 $15.522 at the completion of the program will be
refunded to the City of Baytown by September 1. 1997.
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.
0
Minimum Insurance Requirements
Commercial General Liability (CGL)
General Aggregate: $1,000,000
Products & Completed Operations Aggregate: $1,000,000
Personal & Advertising Injury: $1,000,000
Per Occurrence: $500,000
Fire Damage:- $50,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. No coverage shall be excluded from standard policy without notification of
individual exclusions being attached for review and acceptance.
Business Automobile Policy (BAP)
Combined Single Limits: $500,000
OR
BI Per Person: $100,000,
BI Per Accident: $300,000, and
PD Per Accident: $100,000.
a. Coverage for "Any Auto."
Workers' Compensation: Statutory Limits
Employer's Liability: $500,000
a. Waiver of Subrogation Required.
Applicable to All Policies
a. AM Best Rating of A:VII or better.
b. Only insurance carriers licensed and admitted to do business in the State of Texas
will be accepted.
c. Liability policies will be on occurrence form.
d. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, or reduced in coverage or in limits except after sixty
(60) days prior written notice by certified mail, return receipt requested, has been
given to the City of Baytown.
e. City of Baytown, its officials and employees are to be added as Additional Insured to
liability policies.
f. Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and /or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage
shall be provided to City of Baytown's representative prior to execution of this
agreement.
g. .City of Baytown reserves the right to reject any proposal that does not meet the
minimum insurance requirements outlined above.
UNBIT C
YMCA 1997 SUMMER SERVICESNMCA97S.DOC