Ordinance No. 2,80400110 -3
ORDINANCE NO. 2804
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 THE BAYTOWN NUTRITION CENTER; AUTHORIZING PAYMENT BY
THE CITY OF FOUR THOUSAND AND N01100 ($4,000.00) DOLLARS
WITH REGARD TO SUCH AGREEMENT; REPEALING ORDINANCES
INCONSISTENT HEREWITH; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
WHEREAS, by Ordinance No. 2783 the City of Baytown
authorized a $4,000.00 grant to First Presbyterian Church of
Goose Creek for its hot noon meals program; and
WHEREAS, it was the intent of the parties that such
grant money was not to be limited to transportation services;
NOW THEREFORE,
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 hot
noon meals program 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 Ordinance No. 2783 and all other
ordinances or parts of ordinances inconsistent with the
terms of this ordinance are hereby repealed.
Section 3: 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 Loth day
Of. January , 1980.
ATTEST: (-.-RUTM, Mayor
v
ILEEN P. HALL, City Clerk
APPROVED:
'SL
SCOTT BOUNDS, City Attorney
00110 -3a
E X H I B I T "A"
00110 -3b
THE STATE OF TEXAS
AGREEMENT
COUNTY OF HARRIS 0
This Contract and Agreement made and entered into on
this day of , 1980, 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 "CONTRACTOR ".
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, due to budgetary constraints, the Baytown
Senior Citizens' Nutrition Center is unable to maintain its
present level of service; 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 Four
Thousand and No /104 ($4,000.00) Dollars for service to be
rendered in the support of the Baytown Senior Citizens'
Nutrition Centex for a one (1) year period. The CITY agrees
to pay the CONTRACTOR in advance in equal quarterly payments
on 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 for the support of the Nutrition Center by the CITY.
00110 -3c
If, however, CONTRACTOR fails to use the full Four Thousand
and No /100 ($4,000.00) Dollars for the support of the Nutrition
Center, as shown by records provided herein, CONTRACTOR
shall reimburse CITY the unused money.
II.
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 support the Baytown Senior Citizens'
Nutrition Center and to provide the assistance necessary for
the Nutrition Center to continue to offer its present level
of service. Such support and assistance includes salary
supplements for employees of the Nutrition Center, providing
group trips and tours, furnishing arts and crafts material
for use at the Nutrition Center, and other similar activities
that the CONTRACTOR determines are in need of support. The
CONTRACTOR is not bound by the terms of this contract to
provide support to the Nutrition Center in excess of Four
Thousand and No /100 ($4,000.00) Dollars.
III.
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.
Iv.
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 operating
personnel shall be deemed employees of CONTRACTOR.
-2-
00110 -3d
V.
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 support of the Nutrition Center 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
support of the Nutrition Center and all other operations
arising under or otherwise incident to the provisions of
this contract.
VI.
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.
VII.
This contract shall become effective January 1, 1980,
and shall be in force and effect for a period of twelve (12)
months, terminating on December 31, 1980. 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 elected trustees, this the day of
•:1
CITY OF BAYTOWN
BY
FRITZ LANHAM, City Manager
-3-
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
xlw
SCOTT BOUNDS, City Attorney
APPROVED:
4
00110 -3e
FIRST PRESBYTERIAN CHURCH
OF GOOSE CREEK
BY
Trustee
M.
rustee
BY
Trustee
-4-