Ordinance No. 3,78940?08 -3
OROINUCE W. 3789
AN O EXEC E AU�m� AND OIRECTiiI+G THE CITY MANAGER CITY WITH PALMER DRUTHE A AG 9U �
SE AiOAM FOR T1�E O _ AN
MAINTENANCE OF A DRUG A831SE PRO[;RI &* AUTW*U
P
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AYMENT 13Y THE CITY OF FIFTEEN THOUS^ND AND Moil=
($15AW-00) DOLLARS; AND PROVK)M FOR TH EF1<ECTIW DATE
HEREOF.
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BE IT ORUAINED BY THE CITY COUNCIL OF THE CITY OF SAYTpW4,
TEXASa
Section l: That the City Council of the City of Baytown, Texas, hereby
approves a contract with Palmer Drug Abuse Program and authorizes the City
Manager and City Clerk of the City of Baytown to execute and attest to said
Contract for the operation and maintenance of a drug abuse program. A copy of
said contract is attached hereto, marked Exhibit °A °, and made a part hereof for
all intents and purposes.
Section 2: The City Council hereby authorizes payment of FIFTEEN
THOUSAND AND NO /100 ($15,000AO) DOLLARS to the Palmer Drug Abuse Program
for the operation and maintenance of a drug abuse program.
Section 3: This ordinance shall take effect immediately from and after its
passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 8th day of March, 1984.
i r
APPROVED%
ty tor
C
il"gS J00 E EW made and entered into by ant, between the CITY
OF BAYTC ", a municipal corporation, hereinafter called "CITY"
and PALMER ITLiG A9JSE PROUD" - 1- IMSTIN, INC., , a Texas non-profit
r,e corporation acting through its duly authorized agent, pAL14M CRM
ABUSE PFOGRAM BAYTOM SATELLITE , hereinafter called the "RXI;Rj*4
APPLICANT ".
W I T N E S S E T H:
%MWAS, the Palmer Drug abuse Program was organized to
effectively counsel and support young people and their families
with drug and alcohol abuse problems, and
1M'E3kEAS1 the City Council of the City of Baytown has
determined that a program to help young people in such a plight
in the cornnunity is in the public interest; N3W 7.�
s
bM3M ALL NETT By THESE RtESFNfS:
That in consideration of the mutual covenants, agreements,
and benefits to both parties, it is agreed as follows:
1
The PKlJlRAM A►'"PLIC44T , as ; ndePendent ,•
,.�•..._ nntraCtor. agrees to
council and support young people and their families in the
Baytown community with drug and alcohol problems without regard
to their financial condition, and to do all other acts necessary
for the successful operation of this civic enterprise.
11
This agreement is to cover services Lo be rendered from
October 1, 1983, to September 30, 1984.
The CITY agrees to pay to the PALW -R DRUG MUSE PRpUVM the
sum of FIFTEEN TE-WsAND AND NO /100 ($15,000,00) DOLLARS for
service to be rendered in the development, organization,
1
s
0
. _ •rte.,,
40308 -3b
supervis °o
n, env management of this program. In no event will
the CITY pay more than FIFTEEN THWSAND AND NO /100 (515,000.00)
COLLARS to the PROGRAM APPLICANT.
Payment shall be made quarterly in the amount of TMEE
P -CUSAM SEVEN HLHIRED FIFTY AND Pp /I00 ($3,750.00) DOLLARS per
quarter. Payments shall be made on December 319t, March 31st,
June 30th and September 30th. A written annual report =hall be
submitted to the City Manager prior to the receipt of the
September 30th payment. The report shall show participation,
expenses and year's activities.
IV.
Accurate records of all receipts and disbursements shall be
kept by the PROGRAM APPLICANT and all accounts may be audited by
the City of Baytown. The PROGRAM APPLICANT will disclose in
these records that amount of funds that it raised from whatever
sources, including the sums derived from anonymous donations,
Private contributions, fees, and other revenues. These records
shall also show the names of personnel, salaries, and amounts
necessary for supplies and other incidental items as may be
necessary and proper for the operation of the program.
The PR❑13RAM APPLICANT agrees to furnish the CITY with a copy
Of its final budget for the fiscal year 1964.
V
In performance of the services agreed to herein, the P90GRAM
APPLICANT agrees to observe and strictly comply with all the
terms, conditions, rules, and regulations of all applicable
reoeral, state and city statutes.
VI
it is expressiy ayrwed and understood by a;l partiaa befeto
that the PROGRAM APPLICANT 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 effect an
agreement of partnership or joint venture or render any party
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40301 -3c
hereto the employer or master of any other party and /or its
employees, agents or representatives. All necessary personnel
shall be deemed employees of the PRA(3i/1M APPLICANT.
VII i
l
PROGRAM APPLICANT 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 PALME=R DRLG ABtJSE
PROGRAM and all other operations arising under or otherwise
incident to the provisions of this contract. PROGRAM APPLICANT
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, occurring during the
term of this agreement, arising Out of or by reason of the
support of the PALMER CRUG ABUSE PROGRAM and at 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 PROGRAM APPLICANT
hereunder are unsatisfactory in the judgement of the City
Council, and further for the violation of any provisions hereof.
I
IX
PROGRAM APPLICANT agrees to carry Public Liability and 1
Property Damage Insurance covering its operations and agrees to
• furnish the CITY proof of minimum liability coverage limits of
FIVE HEED 7K)LISAND AND hD /luu ($5UU,U06.00) DOLLARS combined
single limit prior to receiving its first payment.
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40308 -3d yg
300JT®, this the day of , 3984.
F
CITY OF BAYTOMd
ity nsger
ATTEST:
LLM P. , Uity Clerk
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PALMH CRW, A!T<!SE F
By