Ordinance No. 9,353ORDINANCE NO. 9353
® AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
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 THIRTEEN THOUSAND SEVEN HUNDRED SEVENTY -NINE AND NO /100
DOLLARS ($13,779.00); 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 THIRTEEN THOUSAND SEVEN
HUNDRED SEVENTY -NINE AND NO 1100 DOLLARS ($13,779.00), 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 ofTWENTY -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 25`h day of April, 2002.
e,
PETE C. ALFARO, May &r
ATTEST:
4 zw_'-�Z�6
G .�/ . *ITFI; City Clerk
APPROVED AS TO FORM:
eIG&ACIO RAMIRE R., City Attorney
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• 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 $13,779.00 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,
soliciting, hiring, and supervising personnel.
0M A►
• 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 YiVICA 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 YMCA.
a
THE YNICA AGREES TO AND SHALL INDEMNIFY, HOLD HARUVILESS
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 SOLE OR JOINT NEGLIGENCE OF THE YMCA. 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 INDEMWFY AND
PROTECT THE CITY FROM THE CONSEQUENCES OF THE YMCA's
OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A SOLE OR
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 OR JOINT NEGLIGENCE OF THE CITY.
• 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
2
• 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 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: Jim Haugen, 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. Either party shall have the right to terminate this Agreement with or without cause
upon ten (10) days' written notice.
0
Upon delivery of any notice of termination required herein, the YMCA shall discontinue all
services in connection with the performance of the Agreement. Within thirty (30) 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.
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 , 2002, the date of execution by
the City Manager of the City of Baytown.
4
CITY OF BAYTOWN
By:
MONTE MERCER, City Manager
L�
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
YMCA of the Greater Houston Area
STATE OF TEXAS §
COUNTY OF HARRIS §
WILLIAM V. PHILLIPS, President
Before me, ' the undersigned notary public, on this day
personally appeared William V. Phillips, President of the YMCA of the Greater Houston Area,
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)
(4 one)
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 my hand and seal of office this the day of 12002.
Notary Public in and for the State of Texas
My commission expires:
FAKaren\FilesTarl6 & Recreaticn\YMCA Agreement \YMCAConnct.041702Re%ised.doc
E
EXHIBIT "A"
Youth Summer Recreation Programs
TENNIS YOUTH LEAGUE
This program will be held at Robert E. Lee High School. Lessons will be held Tuesday, Wednesday and Thursday
from 9:00 a.m. to 12:00 p.m. from June 0 — August 151. 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
$2,000
Supplies/Medical
$ 300
Awards[T- shirts
$ 300
Printing/Marketing
$ 250
Staff training
L 300
Total
$4,050
PARKS PROGRAM
The Parks Program will operate at Pelly Park on Mondays and Wednesdays from 9:00 a.m. —12:00 p.m., Bergeron
Park on Mondays, Tuesdays, Wednesdays and Thursdays from 9:00 a.m. to 12:00 p.m., and Central Heights Park on
Tuesdays and Thursdays from 9:00 a.m. — 12:00 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 60 children at each
site. Activities will include, but not be limited to, arts and crafts, sports, and games, The cost to operate this program
at the four (3) park sites is $6,680.00. A detailed listing of expenses is listed below:
YMCA Director
$ 900
Instructors
$4,380
Supplies/Medical
$ 800
Staff shirts
$ 50
Printing/Marketing
$ 250
Staff training
$ 300
Total $6,680
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 Wayne 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 30 young adults. The cost to
• operate this program is $4,580.00. A detailed listing of expenses is listed below:
YMCA Director
$
900
Instructors (5)
$1,780
Supplies /Medical
$
600
AwardsfT- shirts
$
300
Printing /Marketing
$
100
Staff Training
$
300
Transportation
$
200
Field Trips
400
Total 1 $4,580
The Administration Fee for the Tennis Youth League, Parks Program and Camp Fun 1 Special Populations:
is 10% of the total cost to operate all three (3) programs: 10% x $15,310.00 = $1,531.00. This fee shall be waivered.
SUMMER DAY CAMP
The Summer Day Camp Program will utilize the following areas at Roseland Park:
1. Outdoor Pavilion (picnic area)
2. Roseland Spray Park
3. Restroom Facilities
4. Baseball Fields
5. Soccer Fields
6. Basketball Courts
7. Playgrounds
The program will operate each Monday, Tuesday, Thursday and Friday from May 27, 2002, to August 2, 2002, 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, the YMCA will provide adult
supervision at a ratio of one (1) adult to every ten (10) 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 $1,531.00 Administrative Fee for the Youth Summer Recreation Programs
and
2. Right to be able to use the Roseland Park facilities listed above at no expense
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• EXHIBIT "B"
•
The YMCA will provide youth recreation programs at Robert E. Lee High School, Roseland Park,
Wayne Gray Center, Pelly Park, Bergeron Park and Central Heights Park from June 3, 2002,
through August 9, 2002.
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, and playground equipment maintenance. YMCA is responsible for
set -up and clean -up of the used area /facility, and must remove all supplies and equipment for the
program from the area /facility each day.
4. The YMCA will provide attendance, revenue and expense records for each site at the completion of
the Youth Summer Recreation Programs,
The YMCA will be responsible for registering all participants in the programs. The City will refer all
inquires about the programs to the YMCA.
The City of Baytown's Parks and Recreation Department shall be listed as a co- sponsor of the
programs.
The City will pay the YMCA a total amount of $13,779.00 for the Youth Summer Recreation
Programs enumerated in Exhibit "A." The City shall pay 50% of the agreement amount at the
beginning of the summer program. The City will pay the remaining balance of the agreement at the
conclusion of the summer program, provided that all expense records have been submitted and all
program expenses are paid in full.
6. The City will allow the YMCA to retain the registration fees from the Tennis Lessons and Camp
Fun /Special Population programs to help offset administration costs to the YMCA.
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 and
the Superintendent of Recreation prior to the registration of participants.
10. During any of the programs involving a public park, or aquatic facility, the YMCA understands and
agrees to allow public access to the same at all times.
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EXHIBIT "C"
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
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 expect after sixty (60) days poor 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 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 meet the minimum insurance
requirements outlined above.
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