Ordinance No. 3,982............
ORDINANCUE NO. 3982
Of3DH AUITHDREEING AND DIRECT•G THE CITY MANAGER
M EXECUITE AND 711-K CITY CLERK TO ATTEST TO AN AGREEMENT
BAYTOWN VOLUNTEER FIRE DEPARTMENT EMERGENCY
C TO PROVIDE SEARCH AND RESCUE CAPABRITIES ON
TAE _NF,#%,JERS AROUND AND IN BAYTO111N, TO PROWX LAND BASE
MBVL�ANCE CALLS„ AM TO ASSIST IN MAJIM FIRES IN BAYTOWN
W SLJRROLIND94G AREAS WHEN NEEDED; AUTHORIZING
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THE CITY OF TWO 45AND SIX M24OWD AND
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DOLLARS; AM PROVIDING FOR TV -1E EFFECT,
IT.JbRDAIJ14ED BY THE CITY COUNCIL OF TFIE CITY OF BAYTOWN,
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tibn 1: That the City Council of the City of Baytown, Texas, hereby
_...agreement with the Baytown Volunteer Fire Department Emergency
awl authorizes the City Manager and City Clerk of the City of Baytown
and attest to said agreement to provide search and rescue capabilities an
waters around and in Baytown, to provide land base ambulance calls, and to
In major fires in Baytown and the surrounding areas when needed. A copy of
�, said agreement is attached hereto, marked Exhibit "A!*, and made a part hereof for
® sll ,intents and purposes.
Section 2: The City Council hereby authorizes payment of TWO TFIOUSAND
SIX HUNDRED DRED AND NO/100 ($2,600.00) DOLLARS to the Baytown Volunteer Fire
Department Emergency Corps, Inc. to provide search and rescue capabilities an the
waters around and in Bayto,..., to provide land base ambulance calls, and to assist in
major fires in Baytown and the surrounding areas when needed.
Section 3: This ordinance shall take effect immediately from and after its
passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City
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Council of the City of Baytown, this the 11th day of October, 1984.
ALLEN CANNUN, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
,,,$My Attorney
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?FE STATE OF TEXAS $
AGREEMENT
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THISA[REENENT is made and entered into by and between the
i CITY_OF BAYTO", a municipal corporation, hereinafter called
:.06-1 TV.* and BAYTOWN VOLUNTEER FIRE DEPARTMENT EIvEXENCY OORPS.
INC:., a non - profit corporation of Harris County, Texas,
:`here:inaf.ter called the "PROCIrifWl APPLICANT."
W I THE S SE TH:
WHEREAS, the Baytown Volunteer Fire Department Emergency
Corps. Inc., was organized to provide search and rescue
capabilities on the waters around and in Baytown, to provide land
base ambulance calls, and to assist in major fires in Baytown and
the surrounding areas when needed, and
WHEREAS, the City Council of the City of Baytown has
determined that a program to provide emergency search and rescue
services and emergency ambulance care is in the public interest;
NOW THEREFORE,
1043W ALL KN BY THESE PRESENTS:
That in consideration of the mutual covenants, agreements,
and benefits to both parties, it is agreed as follows:
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The PROGRAM APPLICANT, as independent contractor, agrees to
provide search and rescue services on the waters around and in
Baytown, to provide land base ambulance calls, to assist the
Baytown Fire Department in major fires when needed, and to do all
..� other things necessary for the successful operation of this civic
enterprise.
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This agreement is to cover servi ^es to be rendered from
October 1, 1984, to September 30, 1985.
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k, The CITY agrees to pay to the BAYTOWN VOLUNTEER FIRE
DEPARTMENT EVER ENCY CORPS. INC., t h e I ump s un of TWO THOIJ SAND
SIX HUNDRED AND NO /100 ($2,600.00) DOLLARS for service to be
rendered in the development, arganizatior, supervision, and
management of this program. In no event will the City pay more
r then TVC 11-WSAM SIX 1- �D AND N] /100 $2,600.00) DOLLARS to
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the PROGRAM APPLICANT.
Payment shat l be made in full in the amount of TWO THOUSAND
SIXF-14MED AND N0000 ($2,600.00) DOLLARS. Payment shall be
made November 1, 1984. A written annual report including the
year's activities, shall be submitted to the City Manager prior
to September 30, 1985.
IV.
Accurate records of all receipts and disbursements shall be
kept by the PROGRAM APPLICANT and all accounts may be audited by
the City of Baytown. The PROGRAM APPLICANT will disclose in
® these records that amount of funds that it raised from whatever
sources, including the sums derived from anonymous donations,
private contributions, fees, and other revenues. These records
shall also show the names of personnel, salaries, and amounts
necessary for supplies and other incidental items as may be
necessary and proper for the operation of the program.
The PROGRAM APPLICANT agrees to furnish the CITY with a copy
of its final budget for the fiscal year 1985.
V
In performance of the services agreed to herein, the PROGRAM
APPLICANT agrees to observe and strictly comply with all the
• terms, conditions, rules, and regulations of all applicable
federal, state and city statutes.
VI
It is expressly agreed and understood by all parties hereto
® that the PROGRAM APPLICANT is an independent contractor in its
relationship to the City of Baytown. Nothing herein contained at
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erry AIme or in any manner shall be construed to effect an
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$` 'agreement of partnership or joint venture or render any party
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hereo;',the employer or master of any other party and /or it
empl.o.yees, agents or representatives. All nea:essary personae!
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shall.be deemed employees of the PROGRAM APPLICANT.
VII
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 BAYTOWN VOLUNTEER FIRE 3
DEPARTMENT EMERGENCY CORPS. INC., and all other operations
arising under or otherwise incident to the provisions of this s
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
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or asserted occurring during the term of this a reement arising
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out of or by reason of the support of the BAYTC N VOLLNTEER FIRE
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DEPARTMENT EMERGENCY CORPS. INC., and all other operations
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arising under or otherwise incident to the provisions of this
contract.
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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.
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PROGRAM, APPLICANT agrees to carry Public Liability and
Property Damage Insurance covering its operations and agrees to
furnish the CITY proof of minimum liability coverage limits of
FIVE RJNDRED THOUSAND A11,1D N7/ l00 ($500,000.00) DOLLARS combined
single limit prior to receiving its first payment.
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El
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-Elll= P. FOU, City Clerk
SAYTCVN VCLUNTEER FIRE
DEPARTWNT EMUtGENCY OORPS.,
INC.
By
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