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Ordinance No. 3,79140308 -5 ORDINANCE NO. 3741 AN O EX'ECUT'E ORDINANCE AND � CITY CLEW TO ATTEST TO CITY &W4AGER A CONTRACT WITH FIRST PRESBYTERIAN C }LRCH OF GOOSE CREOC FOR THE OPERATION AND M ME)NANCE OF A TRANSP©RTATX" PRCKXt Yrt AND A HOT NOON IrEALS To THE ELDERLY PROGRAMf AUTHORIZING PAVhENT BY THE CITY OF TWENTY SIX TI1OjSAND AND NO /IW ($26, MOO) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. t#ti'� f7tF- f }i }i. } * }iit i�Fti f i }itt; }it�ttfit iK tt iiii�F elf if¢K�F F!}K4�Yi # # ►tt *�FtFF ; # #!#�f #! • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXASe Section 1: That the City Council of the City of Baytown, Texas, hereby approves a contract with First Presbyterian Church of Goose Creek 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 transportation program and a hot noon meals for the elderly 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 TWENTY SIX THOUSAND AND NO /100 ($26,000.00) DOLLARS to First Presbyterian Church of Goose Creek for the operation and maintenance of a transportation program and a hot noon meals to the elderly 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 PASSEt3 by the affirmative vote of the City Council of the City of Baytown, this the 8th day of March, 1984, ATTEST: L, ity Clerk ■ OwIlwo- 40308 -5a THE STATE OF TEXAS CC NTY OF "*a] S AGREEMENT I THIS AGREEMENT made and entered into by and between the CITY OF BAYTO%N, a municipal corporation, hereinafter called "CITY" and the c'IRST PRESBYTERIAN Ci-MCH OF CMSE CREEK, hereinafter • called t he "OONTRACTOR". W I T N E S S E T H: wfREAS, the Baytown Senior Citizen's Nutrition Center has been organized in the public interest of the CITY OF BAYTOIiiN to provide transportation and program activities to the elderly (60 Years or older); MFEREAS, the City Council of the CITY OF BAYTOWN, has determined that it is in the public interest that such services be provided for the elderly; and NNW ALL KI N BY THESE FRESENTS: That in consideration of the mutual covenant, agreements, and benefits to both parties, it is agreed as follows: I The CONTRACTOR, as independent contractor, 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 r..oney shall be used for the acquisition of a vehicle or vehicles. _ II . The CONTRACTOR also agrees to provide social services and programs, which may include but not be limited to, counseling and assistance with financial, medical, legal, housing, utilities and Personal problems. 1 i�.ilf a n This Agreement is to cover services to be rendered from October 1, 1983, to September 30th, 1984. The CITY agrees to pay to the CONTRACTOR ti i 0 0 r e SUM 011 iw.NTY SIX Ti- DJSAND AND [gyp /100 ($26,000.00) DOLLARS for service to be rendered in the development, organization, supervision, and management of this program. In no event will the CITY pay more than TWENTY SIX THOIJSAND AND NO/ 100 ($26,000.00) DOLLARS to the CONTRACTOR. Payment shall be made quarterly in the amount of SIX THO.lSAND FIVE FLNORM AND hp /100 ($6,500,00) DOLLARS per quarter. Payments shall be made on December 31st, March 31st, June 30th and September 30th. A written annual report shall 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 CONTRACTOR and all accounts may be audited by the CITY OF BAYTOWN. The CONTRACTOR will disclose in these records that amount of funds that it re:sed from whatever sources, including the suns derived from anonymous donations, private contributions, fees, and other revenues. These records shall also show the names of operating personnel, salaries, and amounts necessary for the maintenance, repair, and operation of the vehicle, supplies and other incidental items as may be necessary and proper for the program operation. The CONTRACTOR agrees to furnish the CITY with a copy of its final budget for the fiscal year 1994. V In performance of the services agreed to herein, the CONTRACTOR agrees to observe and strictly compiy with all the terms, conditions, rules, and regulations of all applicable federal, state and city statutes. 2 X10308 -5c V1 It is expressly agreed and understood by all parties hereto that ttre CONTRACTORR is an independent contractor in ita �. relationship to the CITY of BAY7O11N, Nothing herein contained at any time or in any manner shall be construed to effect an agree(ftnt of partnership or joint venture or render any party hereto the employer or master of any other parry and/or its employees, agents or representatives. VII CONTRACTOR covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the C1Ty OF gpyTCMN, 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 the above described programs for 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, Occurring during the term of this agreement, arising out of or by reason of the above described programs for the elderly and all other operations arising under or otherwise incident to the provisions Of this contract. Vlll The City Council reserves the right to cancel this Contract in the event the services performed by CONTRACTOR hereunder are unsatisfactory in the judgement of the City Council, and further for the violation of any provisions hereof. 3 0 IX PROGRAM APPLICANT agrees to carry Public liability and Property Damage Insurance covering its operations and agrees t� furnish the CITY proof of minimum liability coverage of limits of F I W RnAED 7HQ15ApD AND ND/ 100 (55009000.00) combined single limit prior to receiving its first payment. Executed, this the _ day of It 1984. ATTEST: s �• mm .,,r 41 C 1 TY OF SAYTO11IN C! if nager 13AYTOM SENIOR CITIZEN'S NUTRITION CENTER