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HomeMy WebLinkAboutO-1994-1969 e e ORDINANCE NO. 94- 1969 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE SAN JACINTO BRANCH OF THE GREATER HOUSTON AREA YOUNG MEN' S CHRISTIAN ASSOCIATION, FOR THE OPERATION OF RECREATIONAL PROGRAMS IN THE BROOKGLEN RECREATION CENTER; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . e ORDINANCE NO. 94-1969 PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of March, 1994. CITY OF LA PORTE By: ~ Mayor ATTEST: s~~ Sue Lenes, City Secretary t5Zdd Knox W. Askins, . City Attorney . e ..... AGREEMENT THIS AGREEMENT is made and entered into by and between THE CITY OF LA PORTE, (hereafter referred to as "THE CITY") and SAN JACINTO BRANCH OF THE GREATER HOUSTON AREA YOUNG MEN'S CHRISTIAN ASSOCIATION (hereafter referred to as "YMCA"). WITNESSETH WHEREAS, THE CITY owns a recreational complex within that certain subdivision called Brookglen, which complex is located at 3326 Somerton, La Porte, Harris County, Texas, includes a community building; and WHEREAS, THE CITY desires to enter into an agreement with the YMCA to operate their facility as a YMCA and all YMCA program activities; and WHEREAS, YMCA is capable of and willing to provide all services desr.ribed in this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, the parties agree as follows: A. SERVICES AND RESPONSffiILITY OF YMCA 1. Scheduling. YMCA shall be responsible for scheduling all recreational activities at the recreational complex to insure that there are no scheduling conflicts between the YMCA, THE CITY and Brookglen, its committees and members. Dates for YMCA activities will be reserved, in writing, on a basis to be negotiated by the parties in Section J of this Agreement. No rental fee shall be charged by THE CITY for the dates as negotiated. YMCA shall deny no La Porte citizen access to their programs due to the lack of ability to pay required fees. No rental fee shall be charged to the Brookglen Community Improvement Association for use of the facility for regularly scheduled business meetings of the Board of Directors and membership. For the private use of the recreational facilities, THE CITY shall collect a deposit and user fee from persons desiring to rent the facility. All rental fees shall be retained by THE CITY. Rental of the facility shall be governed by the prevailing City of La Porte ordinances. THE CITY shall inspect and verify the condition of the property before refunding any deposit fee. If the property is not clean and orderly, then that portion of the deposit necessary to cover the cost to properly clean and/or restore the property shall not be refunded to the user. Each party to this agreement agrees to notify the other in case the condition of cleanliness of the facility does not meet minimum standards of cleanliness after an event sponsored by either party. The responsible party will immediately clean the facility. . e 2. YMCA Staff. At all times during which any activities are being conducted on THE CITY premises, YMCA shall maintain at the location of activities a sufficient number of qualified counselors. The number of counselors on duty during activities shall be in accordance with the ratios for the numbers of counselors for the number of children enrolled in the YMCA activities established by the Greater Houston Area YMCA. Each counselor who is assigned by YMCA to work on the premises shall be an employee of YMCA, shall be at least sixteen (16) years of age, shall have successfully completed a YMCA training program given or approved by YMCA, shall have successfully completed a CPR training program and shall be familiar with emergency procedures. Each counselor shall, at all times while on the premises, wear some type of apparel which identifies that person as a counselor. 3.Hours of Operation. The community building shall be open for YMCA activities at the discretion of YMCA, with prior approval of THE CITY, according to programming needs. All other hours will be at the discretion of THE CITY. All revenues generated from YMCA programs will be retained by the YMCA. The YMCA reserves the right, with the prior approval of THE CITY, to schedule activities for groups on the weekend at the building. B. EXPENSES PAID BY THE CITY I.General Cleaning. THE CITY shall be responsible for salary expense associated with the daily general cleaning of the facility. YMCA will be responsible for cleaning the facility after all YMCA activities. 2.0ther Expenses to be Paid by THE CITY. THE CITY shall pay all electrical utilities used in association with the activities at the recreational complex for the first three months of operation with YMCA paying one-half (112) thereafter. THE CITY shall pay tH telephone, water, sewer, and gas utilities used in association with the activities at the recreational complex. All telephone services will have toll charge call blocking. All utility charges shall be billed directly to THE CITY with THE CITY billing YMCA monthly for its portion of the electrical costs based on a flat rate of two hundred dollars ($200.00) per month. This flat rate will be adjusted annually based on the actual electrical billing costs. C. EXPENSES PAID BY YMCA l.ProlZram Expenses. All expenses associated with operation of programs including staff equipment and salaries shall be paid by YMCA. 2.Janitorial Supplies. YMCA, shall provide at its cost and expense, all chemicals, soap cleaners and/or detergents necessary to properly clean and maintain the bathrooms and building. YMCA shall provide at its sole cost and expense, all bathroom supplies. 3.Maintenance Eauioment. YMCA shall provide and maintain on the premises throughout the term of this Agreement the following maintenance equipment: (a) a broom, (b) mop, (c) mop bucket, and (d) toilet brush. . e D. REPAIRS YMCA shall notify THE CITY in writing of the need to repair or replace any portion of the facilities owned by THE CITY. All costs for repairs will be borne by THE CITY. If the need to repair or replace any portion of the facilities or any item of equipment owned by THE CITY results from the improper use or neglect of YMCA, the cost to repair or replace such equipment shall be borne by the YMCA. E. ALTERATIONS AND IM:PROVEMENTS YMCA shall not erect any temporary or permanent improvements on the premises or make any temporary or permanent modifications to or alterations of existing improvements on the premises without the prior written consent of THE CITY. F. COMPENSATION YMCA shall pay to THE CITY the sum of $1.00 during the initial term and any extension of this Agreement for the use of THE CITY recreational facilities. G. TERM This Agreement shall commence on the~4..of MOt.Y'(l, L, 1994, and shall continue in effect until 31st day of August, 1995, unless sooner terminated. Either party may terminate the Agreement, with or without cause, by giving forty-five (45) days written notice thereof to the other party. H. INSURANCE AND INDEMNIFICATION I.Insurance YMCA shall not commence any activities or services on the premises until it has obtained all insurance required under this paragraph and until such insurance has been approved by THE CITY. Insurance required consists of the following: a. Worker's Compensation Insurance for all YMCA's employees engaged in work on the premise in the statutory amounts. b. Public Liability and property damage insurance taken out and maint.?.ined for the duration of this Agreement by YMCA to protect YMCA from claims for damages for personal injury, accidental death and to property. The amounts of such insurance shall be as follows: 1) Public Liability Insurance. Not less than $1,000,000.00 for injuries, including wrongful death, to anyone person and subject to the same limits for each person. . e 2) Property Damage Insurance. In an amount not less than $100,000.00. c. THE CITY shall be named as a co-insured under the public liability and property damage insurance policies. All insurance required under the term of this paragraph must be obtained through an insurance company authorized to do business in the State of Texas, and certificates of such insurance shall be filed with THE CITY prior to the commencement of this Agreement. YMCA shall additionally be required to compel each of its insurance carriers to notify THE CITY, in writing, of the insurance carrier's intent to cancel or terminate any insurance required of YMCA under this Agreement. 2.Indemnification. YMCA shall indemnify and hold harmless THE CITY, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by THE CITY arising, directly or indirectly, from any activities conducted or services performed by YMCA under this Agreement, or from any event occurring on the premises owned by THE CITY during any period in which activities are being performed, conducted, or sponsored on the premises by YMCA. THE CITY shall indemnify and hold harmless YMCA, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by YMCA arising, directly or indirectly, from any activities conducted or services performed by THE CITY under this Agreement, or from any event occurring on the premises owned by THE CITY during any period in which activities are being performed, conducted, or sponsored on the premises by THE CITY. I. RIGHT OF INSPECTION THE CITY shall, at all times, have the right to enter the premises for the purposes of inspecting the community building to insure that all items required to be maintained by YMCA pursuant to the terms of this Agreement are being properly maintained. Inspections will be conducted by a representative of THE CITY and a YMCA senior staff person and should not interrupt any class. If, after reasonable notice, YMCA fails to correct any maintenance deficiency, THE CITY shall have the right to provide the necessary maintenance at YMCA's expense. YMCA agrees to pay THE CITY any expenses incurred by THE CITY for maintenance which it should have performed. J. NOTICES The parties designate the individuals named below as their respective agents for the purpose of this Agreement. All notices and/or correspondence between the parties shall be forwarded to the persons and addresses set forth below: .. To THE CITY: To YMCA: e Mr. Buddy Jacobs Parks & Recreation Director P. O. Box 1115 La Porte, Texas 77572-1115 Mr. Steve Peterson Executive Director San Jacinto YMCA 1716 Jasmine Pasadena, Texas 77503 K. MISCELLANEOUS 1. Entire Agreement. This Agreement sets forth the entire agreement of the parties and shall supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement. 2. Amendment. This Agreement may only be amended by an instrument in writing signed by both parties. 3. Interpretation. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties herein, shall be governed by the laws of the State of Texas. EXECUTED in duplicate originals on this the :;.q+L day of MCl-rc L ,1994 to become effective as provided above. ::~~~ddv Print Name: r -'1Lrf; I fSj)-j-fJe"r :::-~A~ Print Name: $IISAnI G. t11 / ZE Wi~~ . By. . ~'_ Pr~t Name: s:S~ G. Il.e CITY OF LA PORTE By:Q~ T.~ Print Name: 1<" bo4l"T T. H-e."V'oe<6-- Title: C \.~ Y"'\ ~ 'f". SAN JACINTO BRANCH OF THE GREATER HOUSTON.~= BY:~ Print Name: ~ R:1E{2.. SO V Title: 8'EDJl1tJe DIP-Eav(2. YMCA THE GREATER HOUSTON AREA By: c? tJ~ 11~ Print Name: /': W Ir '1"/LL 11...tAr".,l1:tJ'l- Title: I/(C~ I'A<S, .}~..,,- - r;--~.