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Ordinance No. 2,433ORDINANCE NO. 2433 80323 -4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK TO FUND THE OPERA- TION OF A VAN FOR THE BAYTOWN NUTRITION CENTER; AUTHO- RIZING PAYMENT BY THE CITY OF FIFTEEN THOUSAND AND N01100 ($15,000.00) DOLLARS WITH REGARD TO SUCH AGREE- MENT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 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 a contract with First Presbyterian Church of Goose Creek for the payment by the City of Baytown of the sum of Fifteen Thousand and No /100 ($15,000.00) Dollars to fund the operation of a van for the Baytown Nutrition Center. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That this ordinance shall take effect 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 23rd day of March , 1978. TOM GENTRY, Mayor -- ATTEST: EILEE P. HALL, City Clerk APPROVED: S 0 DS, Vi ty Attorney tip- r� id E X H I B I T "A" 80323 -4a ' j80323 -4b THE STATE OF TEXAS 0 0 AGREEMENT COUNTY OF HARRIS 0 This Contract and Agreement made and entered into on this day of , 19 , by and between the CITY OF BAYTOWN, TEXAS, a municipal corporation in Harris County, Texas, hereinafter called "CITY ", and FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK, a nonprofit corporation located in Harris County, Texas, hereinafter called "CON- TRACTOR". WITNESSETH WHEREAS, the Baytown Senior Citizens' Nutrition Center has been organized in the public interest of the City of Baytown to provide hot noon meals and transportation to the elderly (60 years or older); and WHEREAS, the City Council of the City of Baytown has determined that it is in the public interest that such a service be provided for the elderly; and WHEREAS, the City and Contractor desire to develop a transportation program following mutually acceptable guide- lines; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: I. The CITY agrees to pay to CONTRACTOR the sum of Fifteen Thousand and No /100 ($15,000.00) Dollars for service to be rendered in the operation and maintenance of a transportation program for a one (1) year period. The CITY agrees to pay the CONTRACTOR in advance in equal quarterly payments of Three Thousand Seven Hundred Fifty and No /100 ($3,750.00) Dollars. In no event will the CITY pay more than Fifteen Thousand and No /100 ($15,000.00) Dollars to the operation M W 80323 -4c and maintenance of a transportation program by the CONTRACTOR. If, however, CONTRACTOR fails to use the full Fifteen Thousand and No /100 ($15,000.00) Dollars for the transportation program, as shown by records provided herein, CONTRACTOR shall reimburse CITY the unused money. II. The CONTRACTOR, for and in consideration of the sum of Fifteen Thousand and No /100 ($15,000.00) Dollars agrees to do all things necessary to operate, supervise, and manage the transportation program, which may include, but it is not limited to, vehicle maintenance, drivers' salaries, fuel costs, purchase of insurance, and other vehicle operation expenses. No portion of the money shall be used for the acquisition of a vehicle or vehicles. III. Accurate records of all receipts and disbursements shall be kept by the CONTRACTOR and all accounts may be audited by the CITY. The CONTRACTOR will disclose in these records the amount of funds that it raised from whatever sources. These records shall also show the names of operating personnel, salaries, and amounts necessary for maintenance, repair, and operation of the vehicle. IV. CONTRACTOR agrees that it will submit to the City Council an annual report. The report shall show partici- pation, expenses, and year's activities. The report shall be submitted at the end of the contract year. M CONTRACTOR agrees to carry Public Liability and Property Damage Insurance covering its operations and agrees to furnish the CITY, upon request, proof of minimum liability coverage of limits of $100,000.00 per claim, $300,000.00 per -2- 5d 80323 -4d accident, and property damage of $25,000.00 per claim and $50,000.00 per accident.. VI. It is expressly agreed and understood by all parties hereto that FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK 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 (1) effect an agreement of partnership or joining venture or (2) render any party hereto the employer or master of any other party and /or its employees, agents or representatives. All necessary opera- ting personnel shall be deemed employees of CONTRACTOR. VII. FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK covenants and agrees to indemnify, and does hereby indemnify, hold harm- less and defend, the CITY OF BAYTOWN, its agents, servants or employees, from and against any and all claims for damages or injuries to persons or property of whatsoever kind or character, whether real or asserted, arising out of or incident to the operation of a vehicle utilized for the transportation of the elderly and all other operations arising under or otherwise incident to the provisions of this contract. CONTRACTOR 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, occuring during the term of this agree- ment, arising out of or by reason of the operation of the transportation of the elderly and all other operations arising under or otherwise incident to the provisions of this contract. -3- M 80323 -4e VIII. The City Council reserves the right to cancel this contract in the event the services performed by CONTRACTOR hereunder are unsatisfactory in the judgment of the City Council, and further for the violation of any provisions hereof. IX. This contract shall become effective , and shall be in force and effect for a period of twelve (12) months, terminating on This contract is entered into subject to the Charter and ordinances of the CITY OF BAYTOWN and applicable State laws. EXECUTED IN DUPLICATE ORIGINALS by the CITY OF BAYTOWN and FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK, acting by and through its duly constituted President, this the day of , 19 ATTEST: EILEEN P. HALL, City Clerk APPROVED: SCOTT BOUNDS, City Attorney ATTEST: Secretary CITY OF BAYTOWN BY FRITZ LANHAM, City Manager FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK BY President -4-