Ordinance No. 3,0671 0 1 0 5— 1 4
ORD T N A NC E N O _ 3 0 6 7
AN OFiD S NANCE AL7THOR S Z S l%iG AND D T RE CT S NG THE C TTY MANAGER
OF THE C STY OF SAYTOWN TO EXECL7TE A W I TH F SRS T
PRE S B Y TE R T A i� C HL3 RCH O F GODS E C R EE K T O FUND THE OP E RAT T O N
OF A VA1-T FOR THE BAYTOWN NUTR T T T ON CENTER ; ALLjTHOR S Z S NG
PAYMENT BY THE C TTY OF F T F TE EN THOi3 S AND AND NO / 1 0 0
0 0] D OL LA R S W= TH R E GA RD T O S UCH A G RE E 1VEE NT AND
P ROV T D T NG FOR THE EFFECTIVE DATE HEREOF _
BF = T ORDA T NED BY THE C = TY COLTNC = L OF THE C I'1'Y OF
B AY T OWN
S e c t i o n 1 T h a t t h e C i t y C o u n c i l o f t h e C i t y o f B a y t
T e x a s h e r e b y a u t ra p r i z e s a n d d i r e c t s t h e C i t y M x-l- a g o r t o
execute a contract with First Presbytcriara Craurch of Goose
Creek for the paymerat by the City of Baytown of the sum of
Fifteera T�iousand and No/ 300 < $1 000 _ 00 3 Dollars to fund trae
operation of a vaxz for tree Baytown Nutrition Center _ A copy
of said AgreBrraerat is attached hereto marred Exhibit
and made a part hereof for a.11 intora -it s and purposes _
Section 3 That this ordinance shall tale effect from
grad after its passage
=NTRODUCED READ arced PASSED by the of f irmat :L -,,7 vote of
the City Council of the City of Baytown this gth day of
�3arsuary 2980 _
FSLEE�T P_ HAL , City C1er1�
A P PROVED
y
ri U-1- "l-tJ, ivi ayor
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E X H I B I T "A"
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THE STATE OF TEXAS
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 PRESBY-
TERIAN CHURCH OF GOOSE CREEK, a non -- profit corporation lo-
cated in Harris County, Texas, hereinafter called "CONTRACTOR ".
W I T N E S S E T H
WHEREAS, the Baytown Senior Citizen's 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 continue this
program at its present level of service; 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 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. .
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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, 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 participation,
expenses, and year's activities. The report shall be submitted
at the end of the contract year.
M
CONTRACTOR agrees to carry Public Liaiblity 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
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manner shall be construed to (1) effect an agreement of
partnership or joint 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 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 aris-
ing under or otherwise incident to the provisions of this
contract. CONTRACTOR hereby assumes all liability and re-
sponsibility 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 January 1, 1981 ,
and shall be in force and effect for a period of twelve (12)
months, terminating on December 31, 1981 This
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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 BAYTOrFN
and FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK, acting by and
through its duly elected Trustees, this the day of
1981.
ATTEST:
CITY OF BAYTOWN
EILEEN P. HALL, City Clerk #a
APPROVED:
RANDALL B. STRONG, Caty torney
ATTEST:
Secretary
FIRST PRESBYTERIAN CHURCH
OF GOOSE CREEK
Trustee
By
Trustee
m
Trustee