Ordinance No. 3,53530113 -3
ORDINANCE NO. 3535
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 HOT NOON MEALS TO THE ELDERLY
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 hot noon meals for the elderly, and autho-
rizes 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 13 day of
January , 1983.
q0 ..e
TT 0. HUTTO, Mayor
ATTEST:
7
EILEEN P. HALL, City Clerk
APPROVED:
CIRANDALL B. STRO City A orney
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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 hot noon meals to the elderly (60 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, due to the 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 ELEVEN
THOUSAND & No /100 ($11,000.00) Dollars for service to be
rendered in the support of the Baytown Senior Citizens' Nutrition
Center for a one (1) year period. The CITY agrees to pay the
CONTRACTOR in advance in equal quarterly payments of Two
Thousand Seven Hundred Fifty & No /100 ($2,750.00) Dollars. In no
event will the CITY Pay more than Eleven Thousand & NO /100
($11,000.00) Dollars to the operation and maintenance of a
transportation program by the CONTRACTOR. If, however, CON-
TRACTOR fails to use the full Eleven Thousand & N01100
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($11,000.00) 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
Eleven Thousand & No /100 ($11,000.00) Dollars agrees to do all
things necessary to support the Baytown Senior Citizens' Nutri-
tion 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 materials for use at the
Nutrition Center, and other similar activities that the CON-
TRACTOR 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 Eleven Thousand & N01100
($11,000.00).
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.
CONTRACTOR agrees to furnish the City with a copy of its
annual budget.
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 and No /100 ($500,000.00) Dollars,
combined single limit.
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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 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 support of the
Nutrition Center and all other operations arising under or
otherwise incident to the provisions of this contract. CON-
TRACTOR 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.
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.
K
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IX.
This Contract shall become effective January 1, 1983, and
shall be in force and effect for a period Qf 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
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CITY OF BAYTOWN
FRITZ LANHAM
FIRST PRESBYTERIAN CHURCH
OF GOOSE CREEK
By: