Ordinance No. 3,53430113 -2
ORDINANCE NO. 3534
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO A CONTRACT WITH FIRST PRESBYTERIAN CHURCH OF
GOOSE CREEK FOR THE OPERATION AND MAINTENANCE OF
TRANSPORTATION PROGRAM AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section: That the City Council of the City of Baytown,
Texas, hereby approves a contract with First Presbyterian Church
of Goose Creek for the operation and maintenance of trans-
portation program, and authorizes and directs the City Manager
and City Clerk of the City of Baytown to execute and attest to
said Contract. A copy of said contract 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 13th
day
of
January , 1983.
• HUT • •
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City Att ney
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THE STATE OF TEXAS
AGREEMENT
COUNTY OF HARRIS
This Contract and Agreement made and entered into on this
the day of , 1983, 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 non - profit corporation located 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 transportation to the elderly (50 years or older);
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 & No /100 ($15,000.00) Dollars for services 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 & No /100 ($3,750.00) Dollars. In no
event will the CITY Pay more than FIFTEEN THOUSAND & N01100
($15,000.00) Dollars to the operation and maintenance of a
transportation program by the CONTRACTOR. If, however, CON-
TRACTOR fails to use the full FIFTEEN THOUSAND & N01100
($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 & N01100 ($15,000.00) Dollars agrees to do all
things necessary to operate, supervise, and manage the trans-
portation 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. The CONTRACTOR shall furnish the CITY with a copy of
its 1983 annual budget.
IV.
CONTRACTOR agrees that it will submit to the City Council an
annual report. The report shall shown participation, expense's
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 Five Hundred Thousand & No /100 ($500,000.00) combined
single limit.
K
30113 -2c
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 part 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
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.
3
30113 -2d
IX.
This Contract shall become effective January 1, 1983, and
shall be in force and effect for a period of twelve (12) months,
terminating on December 31, 1983. 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 , 1983.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City Attorney
ATTEST:
Trustee
Trustee
4
CITY OF BAYTOWN
FRITZ LANHAM
FIRST PRESBYTERIAN CHURCH
OF GOOSE CREEK
By: