Ordinance No. 3,33920225 -11.
OTMINANCE -'I0. 3339
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
OF THE CITY OF BAYTOWN TO EiiECUTE A CONTRACT WITH FIRST
PRESBYTERIAN CHURCH OF GOOSE CREEK TO FUND THE OPERATION
OF A VAN FOR THE BAYTOWN NUTRITI014 CENTER; AUTHORIZING
PAYMENT BY THE CITY OF FIFTEEN THOUSAND AND NO /100
($15,000.00) DOLLARS WITH REGARD TO SUCH AGREEMENT, AND
PROVIDING FOR THE EFFEC`T'IVE DATE HERIEOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section l: That the City Council of the City of Baytown,
hereby authorizes and directs the City !.tanager 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.
INTRODUCED, READ, and PASSED by the affirmative vote
of the City Council of the City of Baytown this the 25tTZ_
day of February , 1982.
2V=0. ? TO, Mayor
ATTEST:
C 7
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. TRON , City orney
20225 -11a
E X H I B I T "A"
THE STATE OF TEXAS
COUNTY OF HARRIS
AGREEMENT
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This Contract and Agreement made and entered into on
this day of , 19 , by and
between the CITY OF BAYTOjVN, TEXAS, a municipal corporation
in Harris County., Texas, hereinafter called "CITY ", and
FIRST PRESBYTERIAN CITURCH OF GOOSE CREEK, a non - profit cor-
poration located in Harris County, Texas, hereinafter cal-
led "CONTRACTOR ".
W I T N E S S E T H:
WHEREAS, the Baytown Senior Citizen's Nutrition Center
has been orgainzed 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 IZEN BY THESE PRESENTS:
I.
The CITY agrees to pay to CONTRACTOR the sum of Fifteen
Thousand & 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 transporation program by the CONTRACTOR.
If, however, CONTRACTOR fails to use the full Fifteen Thou-
sand & o /100 ($15,000.00) Dollars for the transportation
20225 =11c
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, vehicle maintenance, drivers' salaries, fuel
costs, purchase of insurance, and other vehicle operation
expenses. No portion of the money shall be used for the ac-
quisition of a vehicle or vehicles.
III.
Accurate records of all receipts and disbursements
shall be kept by the CONTRACTOR and all accounts may be audit-
ed by the CITY. The CONTRACTOR will disclose in these re-
cords the amount of funds that it raised from whatever sources.
These records shall also show the names of operating person-
nel, salaries, and amounts necessary for maintenance, repair
and operation of the vehicle. The CONTRACTOR shall furnish
the CITY with a copy of its 1982 annual budget.
IV.
CONTRACTOR agrees that it will submit to the City Coun-
cil an annual report. The report shall show participation,
expenses, and year's activities. The report shall be sub-
mitted at the end of the contract year.
V.
CONTRACTOR agrees to carry Public - Liability and Pro-
perty 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.
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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 or
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 indeenify, 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 inci-
dent to the operation of a vehicle utilized for the transpor-
tation 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 pro-
perty, 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 transportation 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.
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IX.
This contract shall become effective ,
and shall be in force and effect for a period of twelve (12)
months, terminating on 1982. 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 1982•
CITY OF BAYTOWN
FRITZ LANHAM
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City Attorney
FIRST PRESBYTERIAN CHURCH
OF GOOSE CREEK
By
President
ATTEST:
ecretary