Ordinance No. 9,167V_►• ►• • •
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 FIFTEEN
THOUSAND THREE HUNDRED TEN AND NO /100 DOLLARS ($15,310.00);
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 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 FIFTEEN
THOUSAND THREE HUNDRED TEN AND NO/ 100 DOLLARS ($15,310.00), 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 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 24th day of May, 2001.
dr:g, e-
PETE C. ALFARO, Mayor
A 4QLf(
G'A& W. SMITH City Clerk
® APPROVED AS TO FORM:
ACIO RAMIREZ, , City Attorney
d AMyDocuments\CouncM0 -0 1 Wa ffMCAGreaterHoustonAreaContract
® YOUTH SUMMER RECREATION PROGRAM AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTO-,WN
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 thatthe interestofthe 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 $15,310.00 as compensation for providing youth summer
recreation programs, including, but not limitedAo, 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. ". The City shall be pay such amount in full to the YMCA by June 15, 2001.
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 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, land supervising personnel.
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
its relationship to the City of Baytown. Nothing herein
effect a contract of partnership or render any party F
employees, agents, or representatives. All necessai
Association.
6.
THE YMCA AGREES TO AND SHALL INDEM
CITY, ITS OFFICERS, AGENTS AND EMPL(
COLLECTIVELY REFERRED TO AS THE "CI
CLAIMS, LOSSES, DAMAGES, CAUSES OF,
KIND, INCLUDING ALL EXPENSES OF LITIG
FEES, FOR INJURY TO OR DEATH OF An
PROPERTY, ARISING OUT OF OR IN CONNE
SERVICES PERFORMED BY THE YMCA F
CONDUCT OR MANAGEMENT OF THE YMC
OMISSION BY THE YMCA, ITS A
SUBCONTRACTORS, GUESTS, OR INVITEE
WITH THIS AGREEMENT, WHERE SUCH
CAUSED BY THE JOINT NEGLIGENCE OF
ENTITY. IT IS THE EXPRESSED INTENTIOI
YMCAAND THE CITY, THAT THE INDEMNIT
INDEMNITY BY THE YMCA TO INDEMNIF`
CONSEQUENCES OF THE CITY'S OWN NEG
A CONCURRING CAUSE OF THE RESU
FURTHERMORE, THE INDEMNITY PROVIDE
NO APPLICATION TO THE CITY FOR ANY CL
SUIT AND LIABILITY WHERE THE INJURY, D
SOLE NEGLIGENCE OF THE CITY, UNMI)
PERSON OR ENTITY.
arties hereto that the YMCA is an independent contractor in
ntained at any time or in any manner shall be construed to
eto the employer or master of any other party and /or its
personnel shall be deemed agents or employees of the
4IFY, HOLD HARMLESS AND DEFEND THE
iYEES (HEREINAFTER IN THIS SECTION
Ty") FROM AND AGAINST ANY AND ALL
kCTION, SUITS, AND LIABILITY OF EVERY
4TION, COURT COSTS, AND ATTORNEYS'
Y PERSON, OR FOR DAMAGE TO ANY
CTION WITH A WORK DONE AND /OR THE
'URSUANT TO THIS AGREEMENT, THE
A'S ACTIVITIES, OR FROM ANY ACT OR
kGENTS, SERVANTS, EMPLOYEES,
S, ARISING OUT OF OR IN CONNECTION
INJURIES, DEATH OR DAMAGES ARE
'HE CITY AND ANY OTHER PERSON OR
I OF THE PARTIES HERETO, BOTH THE
'PROVIDED FOR IN THIS PARAGRAPH IS
' AND PROTECT THE CITY FROM THE
LIGENCE, WHERE THAT NEGLIGENCE IS
_TING INJURY, DEATH OR DAMAGE.
) FOR IN THIS PARAGRAPH SHALL HAVE
AIM, LOSS, DAMAGE, CAUSE OF ACTION,
EATH OR DAMAGE RESULTS FROM THE
ED WITH THE FAULT OF ANY OTHER
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 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 Co
Exhibit "C" which is attached hereto and incorporated
cate of Insurance evidencing the coverages required in
n for all intents and purposes.
i
8 The YMCA shall not sell, assign, or trai
whole or in part, without prior written consent of the City,
due to it hereunder without the previous consent of the
9. Unless otherwise provided in this Agr(
be in writing and delivered in person or by depositing
certified, and addressed to the party to be notified, wi
officer of such party. Notice deposited in the mail as dE
unless otherwise stated in this Agreement, from and al
For the purpose of notice, the addresses.of
provided for hereinbelow:
CITY OF
Attn: Monte Me
P. 0.
Baytown, Te;
YM
Attn: Jim Haugen,
201 Wy
Baytown,
Each party shall have the right at any time to change its
new address, provided that at least fifteen (15) days w
10. The City, besides all other rights or r
Agreement with or without cause upon ten (10) days w
election to do so. Furthermore, the City may immed
Agreement. A breach of this Agreement shall include,
sfer any of its rights or obligations under this Agreement, in
nor shall the YMCA assign any monies due to or to become
nent, any notice provided for or permitted to be given must
ime in the Unites States mail, postpaid and registered or
return receipt requested, or by delivering the same to an
,ribed above shall be conclusively deemed to be effective,
the expiration of three (3) days after it is so deposited.
parties shall be as follows unless properly changed as
YTOWN
City Manager
,424
77522 -0424
cecutive Director
Drive
( 77521
active address, and each shall have the rightto specify a
notice is given of such new address to the other party.
medies it may have, shall have the right to terminate this
Iten notice from the City Manager to the YMCA of the City's
itely terminate this Agreement if the YMCA breaches this
ut not be limited to, the following:
a. failing to pay insurance premiums, claims or other charges;
b. failing to pay any payments due the
principals, including, but not limited
identified in this Agreement;
C. the institution of voluntary or invol
d. the dissolution of the YMCA;
e. the violation of any provision of this
;ity, State or Federal Government from the YMCA or its
, any taxes, fees, assessments, liens, or any payments
bankruptcy proceeding against the YMCA;
ment; and /or
® f. the abandonment of the Agreement or any portion thereof and discontinuance of the YMCA's
services or any portion thereof.
3
l-4 .
fly
Et
Upon delivery of any notice of termi I ation re(
connection with the performance of the Agreement. WitP
YMCA shall submit a final statement showing in detail
documentation required herein to support the monies e
refund check for the difference between the amount pi
satisfactorily preformed.
11. The YMCA, besides all other rights or
Agreement, upon ten (10) days written notice from the'
the City fails to pay the YMCA as provided in paragrap
12. Failure of either party hereto to insist on
exercise any rights or remedies accruing thereunder up(
waiver of the right to insist on and to enforce by an appr
hereunder to exercise any right or remedy occurring as
13. This Agreement shall in all respects be
by the laws of the State of Texas, regardless of the plac
the place of performance for all purposes shall be Bayt
14. All parties agree that should any
unenforceable, such determination shall not affect any
and effect.
15. This Agreement shall not bestow any
YMCA and the City only.
16. This Agreement contains all the agrees
the full and final expression of the agreement between
aired herein, the YMCA shall discontinue all services in
n ten (10) days after receipt of the notice of termination, the
ie services satisfactorily performed, all other appropriate
:pended on the services actually performed, along with a
.paid by the City and the amount expended on services
;medies it may have, shall have the right to terminate this
FICA to the City Manager of the YMCA's election to do so, if
1 and Exhibit "A ".
ie strict performance of any of the agreements herein or to
default or failure of performance shall not be considered a
)riate remedy, strict compliance with any other obligation
result of any future default or failure of performance,
terpreted and construed in accordance with and governed
of its execution or performance. The place of making and
vn, Harris County, Texas.
ision of this Agreement be determined to be invalid or
ier term of this Agreement, which shall continue in full force
hts upon any third party, but rather, shall bind and benefit the
nts of the parties relating to the subject matter hereof and is
parties.
17. The officers executing this Agreement bn behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto ha)
shall be deemed to be an original, but all of which shall a
2001, the date of execubi
e executed this Agreement in multiple copies, each of which
►nstitute but one and the same Agreement on the oay of
in by the City Manager of the City of Baytown.
CITY OF BAYTOWN
MONT MERCER, City Manager
n
1
ATTEST:
�' ; , � j —i- a,4 0, t /; ic
xC
GA W. S - ITH', I Jerk
i
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, C= e'Rs the u
William V. Phillips, Preside t of the YMCA of the Greater
known to me
proved to me on the oath of
proved to me through his currel
identification card or other document is
contains the photograph and signaturf
to be the person whose name is subscribed to the fc
executed that instrument for the purposes and conside
Given under my hand and seal of office this
MARY C, BE N
MY COMMISSION EXPIRES
July 21, 2OD1
YMCA of the Greater H
Area
WILLIAM V. PHILLIPS, President
idersigned notary public, on this day personally appeared
Houston Area,
or
{description of
;d by the federal government or any state governmentthat
the acknowledging person}
Going instrument, and acknowledged to me that he/she
on therein expressed.
IS day of AVL A 2001.
Notary Pu lic in and for the_ S ate f Texas
My commission expires: 7
4,
n
U
EXHIBIT "A"
Youth Summer Recreation Programs
TENNIS YOUTH LEAGUE
This program will be held at Robert E. Lee High Schodll Lessons will be held Tuesday, Wednesday and Thursday
from 9:00 a.m. to 12:00 p.m. from June 51h — July 31St. The target number of children is approximately 40 between
the ages of 6 and 15 years of age. The cost to operate this program is $4,050.00. A detailed listing of expenses is
listed below:
YMCA Director
$ 900
Instructors (3)
$2,000
Supplies /Medical
$ 300
Awards[T- shirts
$ 300
Printing /Marketing
$ 250
Staff training
300
Total $4,050
PARKS PROGRAM
The Parks Program will operate at Goose Creek StrE
Wednesdays from 9:00 a.m. — 12:00 p.m., and at Berc
from 9:00 a.m. to 12:00 p.m. The YMCA will collabo
Program Monday through Thursday. The target numt
include, but not be limited to, arts and crafts, sports, and
sites is $6,680.00. A detailed listing of expenses is listei
YMCA Director
$ 900
Instructors (5)
$4,380
Supplies /Medical
$ 800
Staff shirts
$ 50
Printng/Marketing
$ 250
Staff training
$ 300
Total $6,680
CAMP FUN I SPECIAL POPULATIONS
The Camp Fun /Special Populations Program is for youa
challenged. This program works in collaboration with
held Monday and Thursday at the Eddie V. Gray Wetlal
but will not be limited to, arts and crafts, sports, games,
cost to operate this program is $4,580.00. A detailed list
Park and Ashbel Smith School Park on Mondays and
n Park and Barkaloo Park on Tuesdays and Thursdays
with the Goose Creek CISD and offer the Free Lunch
is to serve over 60 children at each site. Activities will
nes. The cost to operate this program at the four (4) park
below:
adults between the ages of 17 and older who are physically
kRC (Association of Retarded Citizens). Camp Fun will be
ds Center from 6:30 p.m. 9:30 p.m. Activities will include,
and field trips. The target is to serve 30 young adults. The
ng of expenses is listed below:
12
EXHIBIT "By'
1. The YMCA will provide youth recreation Iro rams at Robert E. Lee High School, Roseland Park,
p Y p� 9
Eddie V. Gray Wetlands Center, Goose Creek Stream Park, Ashbel Smith School Park, Bergeron
Park and Barkaloo Park from June 4, 2001, through August 10, 2001.
2. The YMCA is responsible for providing all staff, equipment, supplies and all other persons and/or
materials to ensure that the programs are r 1 n 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. I YMCA is responsible for clean -up of used area/facility.
4. The YMCA will provide attendance, revenue and expense records for each site at the completion of
the Youth Summer Recreation Programs.
5. The YMCA will be responsible for registedrig 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 $15,310.00 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 Camp
Fun / Special Population programs to help offset administration costs to the YMCA.
9. The YMCA will provide the Parks and Re�ereation Department a list of proposed registration fees
for the above - referenced programs for approval by the Director of the Parks and Recreation and
the Superintendent of Recreation 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 $1,950.00. 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 seNices performed.
c:kmd\ Parks &Recreation\YMCAIExhibitB2001 Agreement
Minimum Insurance Requirements
Commercial General Liability (CGL)
General Aggregate: $1,000,000
Products & Completed Operations Aggi
Personal & Advertising injury: $1,000,0
Per Occurrence: $500,000
Fire Damage: $50,000
a. Coverage shall be at least as b
b. No coverage shall be exclud
exclusions being attached for rE
Business Automobile Policy
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 Requ
Applicable to All Policies
a. AM Best Rating of A:VII or better
b. Only insurance carriers licensed and
accepted.
C. Liability policies will be on occurrence foi
d. Each insurance policy shall be endorse
canceled, or reduced in coverage or in
certified mail, return receipt requested, h
e. City of Baytown, its officials and employe
f. Upon request of and without cost to C
and /or certificates of insurance shall be
of insurance showing evidence of ins
representative prior to execution of this
g. City of Baytown reserves the right to re
requirements outlined above.
c:kmd\ Parks &Recreation\YMCAIExhibitC2001
IT "C"
$1,000,000
as ISO CG 00 01 10 93
om standard policy without notification of individual
and acceptance.
miffed to do business in the State of Texas will be
o state that coverage shall not be suspended, voided,
nits expect after sixty (60) days prior written notice by
been given to the City of Baytown.
are to added as Additional Insured to liability policies.
of Baytown, certified copies of all insurance policies
nished to City of Baytown's representative. Certificates
ice coverage shall be provided to City of Baytown's
any proposal that does meet the minimum insurance
nt