Ordinance No. 8,88320000413 -7
ORDINANCE NO. 8883
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO A CONTRACT WITH THE YMCA OF THE GREATER HOUSTON
AREA FOR YOUTH SUMMER RECREATION PROGRAMS;_ AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FOURTEEN
THOUSAND FIVE HUNDRED TWENTY -TWO AND 34/100 DOLLARS
($14,522.34); 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 and the City Clerk of the City of Baytown to execute and attest to a
contract with the YMCA of the Greater Houston Area 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 the
YMCA of the Greater Houston Area for youth summer recreation programs of the sum of
FOURTEEN THOUSAND FIVE HUNDRED TWENTY -TWO AND 34/100 DOLLARS
($14,522.34), 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 TWENTY -FIVE THOUSAND AND NO /100
DOLLARS ($25,000.00) 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 13th day of April, 2000.
�.C. C
PETE C. ALFARO, Mayor
ATT T:
ZY�a/(.
GAP W. SMITH, City Clerk
® APPROVED AS TO FORM:
NACIO RAMIREZ, W., City Attorney
c: \MyDocuments \Council \99 -00\ April \YMCAGreaterHoustonAreaContract
• YOUTH SUMMER RECREATION PROGRAMS AGREEMENT
BY AND BETWEEN
THE, CITY. OF BAYTOWN
AND
THE YMCA OF THE GREATER HOUSTON AREA
THE STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, the YMCA OF THE GREATER HOUSTON AREA 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 Agreement, 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 YMCA OF THE GREATER
HOUSTON AREA;
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 YMCA OF THE GREATER HOUSTON AREA,
hereinafter called "YMCA," agree as follows:
1. The City agrees to pay the YMCA the sum of $14,522.34 as compensation for providing
youth summer recreation programs, including, but not limited to, the Tennis Youth League Program,
Parks Program, the Camp Fun/Special Populations Program and Summer Day Camp Program, all
such programs being further detailed in Exhibit "A."
2. The City agrees to provide to the YMCA the facilities described in Exhibit "B" as
additional compensation for the YMCA's services rendered in the supervision and management of
the youth summer recreation programs 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 and the monies
® received, 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,
EXHIBIT A
1
® 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 /or
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 parry 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.
a
THE YMCA AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (HEREINAFTER
IN THIS SECTION COLLECTIVELY REFERRED TO AS THE "CITY ") 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 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, ARISING OUT OF OR IN
CONNECTION WITH 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 YMCA AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE YMCA TO
INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE
CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING
CAUSE OF THE RESULTING 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 DAMAGE
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. This entire Section 6 shall survive the
termination or expiration of this Agreement.
® 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
FJ
during the term of this Agreement, 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 Agreement.
7. The YMCA shall provide the City with a Certificate 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
Agreement, 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 Agreement, 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
Agreement, 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: Monte Mercer, City Manager
C/O Director, Parks and Recreation Department
P. O. Box 424
Baytown, Texas 77522 -0424
YMCA
Attn: Troy Durkee, Executive Director
201 Wye Drive
Baytown, TX 77521
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:
0 a. failing to pay insurance premiums, claims or other charges;
® b. 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,
liens, or any payments identified in this Agreement;
the institution of voluntary or involuntary bankruptcy proceeding against the YMCA;
d. the dissolution of the YMCA;
e. the violation of any provision of this Agreement; and/or
f. the abandonment of the Agreement or any portion thereof and discontinuance of the
YMCA's services or any portion thereof.
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, all other appropriate documentation required herein to support the monies
expended on the services actually performed, along with a refund check for the difference between
the amount prepaid by the City and the amount expended on services satisfactorily preformed.
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
®IN 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 , 2000, the date of execution by
the City Manager of the City of Baytown.
CITY OF BAYTOWN
Bv:
MONTE MERCER, City Manager
ATTEST:
GARY SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
YMCA of the Greater Housto Area
By: WK t
WILLIAM V. PHILLIPS, President
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, ti wl t C. 0&6hWti , the undersigned notary public, on this day
personally appeared Willialn V. Phillips, President of the YMCA of the Greater Houston Area,
® (✓ one)
known to me
proved to me on the oath of or
proved to me through his current (description
of identification card or other document issued by the federal government or any state
government that contains the photograph and signature of the acknowledging person}
5
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he /she executed that instrument for the purposes and consideration therein expressed.
Given under_mv hand and seal of office this the day of yjMI •ate?
~ MARY C. GE C•
AftiIN
` MY COMMISSIONOMWES
Ju►y 21, X001 Notary blic in and for the State of Texas
My commission expires: {2 J D/
® c:k1h167\Parks&Rmreation \YMCA \YMCAContract.050599
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EXHIBIT "A"
® Youth Summer Recreation Programs
TENNIS YOUTH LEAGUE
This program will include two sites, Baytown Jr. School and Robert E. Lee High School. Lessons will be
held Monday through Wednesday with matches held on Thursday at Robert E. Lee High School. The
target number of children is 120 between the ages of 6 and 15 years of age.
PARKS PROGRAM
The Parks Program will operate Monday through Friday from 10:00 a.m. to 1:00 p.m. The YMCA
will collaborate with the Goose Creek CISD and offer the Free Lunch Program Monday through
Thursday. The target number is to serve over 50 children at each site. Activities will include, but not be
limited to, arts and crafts, sports, games, camping trips and swimming. The City will expend up to
$14,522.34 on such program. Lifeguards shall be provided by the YMCA or if provided by the City will be
reimbursed by the YMCA within 30 days of receipt of an invoice for reimbursement.
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 Gray Center from 6:30 p.m. —
9:30 p.m. Activities will include, but will not be limited to, arts and crafts, sports, games, and field trips.
The target is to serve about 35 to 40 young adults.
SUMMER DAY CAMP
The Summer Day Camp Program will be held at the following areas at Roseland Park:
1. Covered Pavilion (picnic area)
2. Enclosed Pavilion (for inclement weather days)
3. Restroom Facilities
4. Baseball Fields
5. Soccer Fields
6. Basketball Courts and
7. Playgrounds.
The program will operate each Monday, Wednesday, Thursday and Friday from June 5, 2000, to July 27,
2000, from 8:30 a.m. through 4:00 p.m. The program will service 150 children in the Baytown
community. To ensure that the City's property will not be destroyed or damaged and to ensure the safety
of the children, YMCA will provide adult supervision at a ratio of one adult to every ten children. The
activities in this program will include, but not be limited to, devotion, archery, canoeing, riflery, hiking,
group games, songs, and skits.
The following consideration is given to and accepted by YMCA to perform and operate this
program:
1. Waiver of the $1,000 administrative fee
and
® 2. Right to be. able to use Roseland Park at no expense.
c:klh167\ Parks& Recreation \YMCA \ExhibitA1999Agreement
Exhibit "A," Page 1
u
EXHIBIT "B"
1 _ The YMCA will provide youth recreation programs at Robert E. Lee High School,
Baytown Junior- High,- Roseland Park, Gray Recreation Center, and various selected
neighborhood parks (the "sites") from June 5, 2000, through July 27, 2000.
2. The YMCA is responsible for providing all staff, equipment, supplies and all other
persons and /or materials to ensure that the programs are run efficiently and effectively.
3. The City is responsible for maintenance of the sites including, but not limited to, mowing,
litter abatement, tennis net repair, playground equipment maintenance, and facility set-
up, when appropriate and requested by the YMCA. YMCA is responsible for clean -up of
used area /facility.
4. The YMCA will provide attendance records for each site at the completion of the youth
summer recreation programs.
5. The YMCA will be responsible for registering all participants in the programs. The City
will refer all inquires about the programs to the YMCA.
6. The City of Baytown's Parks and Recreation Department shall be listed as a co- sponsor
of the programs.
7. The City will pay the YMCA a total amount of $14,522.34 for the Youth Summer
Recreation programs enumerated in Exhibit "A."
8. The City will allow the YMCA to retain the registration fees from the Tennis Little League
and Special Population Programs to help offset administration cost to the YMCA.
g. The YMCA will provide the Parks and Recreation Department a list of proposed
registration fees for the above - referenced programs for approval by the Director of the
Parks and Recreation Department prior to the registration of participants.
10. During any of the programs involving a municipal swimming pool, the YMCA
understands and agrees to allow public access to the same at all times, other than
during swimming lessons.
11. The YMCA shall pay the City the actual cost of any lifeguards provided by the City,
which is not expected to exceed a total of $1,734.40. The actual cost shall include, but
not be limited to, the salaries of the lifeguards as well as the associated administrative
expenses of scheduling, staffing, processing payroll and invoicing for the services
performed. However, the City shall only provide these lifeguards if the YMCA is not able
to obtain such services and if the City is able to obtain such services.
0 c:klh167\Parks& Recreation \YMCA\ExhibitB1999Agreement
Exhibit `B," Page Solo
Minimum Insurance Requirements
EXHIBIT "C"
0 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.
YMCA 1997 SUMMER SERVICES/YMCA97S.DOC