Ordinance No. 3,976P?"'.
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BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF ®AYTiOWN,
TEX/&
Section 1: That the City Council of the City of Baytown, Texas, hereby
approves an agreement with the 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 agreement for the operation and maintenance of a transportation
program and various social services and programs for the elderly. A copy of said
agreement 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- SEVEN
THOUSAND AND NO /100 ($27,000.00) DOLLARS to the First Presbyterian Church of
Goose Creek for the operation and maintenance of a transportation program and
various social services and programs for the elderly.
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 11th day of October, 1984.
ATTEST:
City Clerk
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THIS AGREEMENT is made and entered into t.y and between the
CITY OF BAYTOWN, a municipal corporation, hereinafter called
"CITY" and the FIRST PRESBYTERIAN C!J01 OF GOOSE CREEK, Manager
of the Baytown Senior Citizen's Nutrition Center, hereinafter
called the " CONTRACTOR".
W I THE S S E TH:
%fEREAS, the Baytown Senior Citizen's Nutrition Center has
been organized in the public interest of the CITY OF BAYTOWN to
provide transportation and various program activities to the
elderly (60 years or older);
MHEREAS, the City Council of the CITY OF BAYTOWN, had
determined that it is in the public interest that such services
be provided for the elderly; and
MON ALL WEN BY 71-ESE PRESENTS:
That in consideration of the mutual covenant, agreements,
and benefits to both parties, it is agreed as follows:
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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 money shall be used for the acquisition of a vehicle or
vehicles.
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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.
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J This Agreement is to cover services ervices to be rendered from
tOtober 1, 1984, to September 30th, 1985.
x The CITY agrees to pay to the CONTRACTR the sum of 71hENTY
SEEPI`THIJSAND AND NO /100 ($27,000.00) DOLLARS for service to be
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...........ndere in the development, organization, supervision, and
�$s �mifigetnen't of these programs. In no event will the CITY pay more
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���` Ah'r� TN�ENTY SEVEN TFiSAPD AND D
Q NO /100 ($27,000-00) DOLLARS to the
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Payment shall be made quarterl y
in the amount of SIX
THOUSAND SEVEN BRED FIFTY AND NO /100 ($6,750.00) DOLLARS per
,t quarter. Payments shall be made on December 31st, March 319t,
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3une 30th and September 30th. A written annual report shall be
k submitted to the City Manager prior to the receipt of the
' September 30th payment. The report shall show participation,
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expenses and year's activities.
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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 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 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.
e The CONTRACTOR agrees to furnish the CITY with a copy of its
final budget for the fiscal year 1985.
In performance of the services agreed to herein, the
CONTRACTOR agrees to observe and strictly comply with all the
terms, conditions, rules, and regulations of all applicable
federal, state and city statutes.
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It is expressly agreed and understood by all parties hereto
!!pp that the CCNTRACTOrZ is an independent contractor in it..
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relationship to the CITY OF BAYTOY.AV. Nuthing herein contained at
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f� any time or in any manner shall be construed to effect an
agreement of partnership or joint venture or render any party
} hereto the employer or master of any other party and /or its
employees, agents or representatives.
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,. CONTRACTOR covenants and agrees to indemnify, and does
h hereby inderrmify, hold harmless and defend, the CITY OF BAYTOV",
its agents, servants or employees, from and against any and all
claims far 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, arisinq 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.
VIII
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.
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CONTRACTOR agrees to
carry Public Liability and Property
01prnage Insurance covering its operations and agrees to fur iish
the CITY proof of minimum
liability coverage of limits of ► VE
AIJII,,M, ED iNO/ 10 13
($500,000.00' combined single I imit
prior to receiving its first
paynent.
Executed, this the
day of 1984.
N
0 1 TY OF BAYTOW
M I TZ LANHAM, C t Manager
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ATTEST:
- V - - F t A L L — C i t y Clerk
I L E E N -
FIRST PRESBYTERIAN CHURM OF
COOSE CREEK
E.,
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