Ordinance No. 2,783t�
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ORDINANCE NO. 2783
AN ORDINANCE 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 OPERATION
OF A VAN FOR THE BAYTOWN NUTRITION CENTER; AUTHORIZING
PAYMENT BY THE CITY OF FOUR THOUSAND AND N01100 ($4,000.00)
DOLLARS WITH REGARD TO SUCH AGREEMENT; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the City Manager to
execute a contract with First Presbyterian Church of Goose
Creek for the payment by the City of Baytown of the sum of
Four Thousand and No /100 ($4,000.00) 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.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this 13th day of
December , 1979.
ATTEST:
EILEEN P.--HALL,--city Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
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is
THE STATE OF TEXAS
0 AGREEMENT
COUNTY OF HARRIS
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 PRES-
BYTERIAN CHURCH OF GOOSE CREEK, a nonprofit corporation
located in Harris County, Texas, hereinafter called "CONTRACTOR ".
WITNESSETH
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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 Four
Thousand and No /100 ($4,000.00) 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 One
Thousand and No /100 ($1,000.00) Dollars. In no event will
the CITY pay more than Four Thousand and No /100 ($4,000.00)
Dollars to the operation and maintenance of a transportation
program by the CONTRACTOR. If, however, CONTRACTOR fails to
use the full Four Thousand and No /100 ($4,000.00) Dollars
for the transportation program, as shown by records provided
herein, CONTRACTOR shall reimburse CITY the unused,money.
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II.
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The CONTRACTOR, for and in consideration of the sum of
Four Thousand and No /100 ($4,000.00) 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.
Accurate records of all receipts and.disbursements
shall be kept by the CONTRACTOR and`all,,4ccounts 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 participation,.
expenses, and year's activities. The report shall be_ submitted
at the end of the contract year.
V.
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
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
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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 operating
personnel shall be deemed employees of CONTRACTOR
VII.
FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK covenants and
agrees to indemnify, and does hereby indemnify, hold harmless
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 agreement,
arising out of or by reason of the operation of the transpor-
tation of the elderly and all.other operations arising under
or otherwise incident to the provisions of this contract.
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.
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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
CITY OF BAYTOWN
By
FRITZ LANHAII, City
Manager
ATTEST:
EILEEN P. HALL,
City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
FIRST PRESBYTERIAN CHURCH
OF GOOSE CREEK
By
President
ATTEST:
Secretary
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