Ordinance No. 4,41360327 -7
ORDINANCE NO. 4413
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH THE PALMER DRUG ABUSE PROGRAM FOR THE OPERATION
AND MAINTENANCE OF A DRUG ABUSE PROGRAM; AUTHORIZING
PAYMENT BY THE CITY OF FIFTEEN THOUSAND EIGHT HUNDRED
HUNDRED FORTY AND NO/100 ($15,840.00) DOLLARS; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby
approves an agreement with the Palmer Drug Abuse Program 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 drug abuse program. 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 FIFTEEN
THOUSAND EIGHT HUNDRED FORTY AND NO /100 ($15,840.00) 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 27th day of March, 1986.
A A 4 • •
ATTEST:
4� 2� i? I ;?
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City torney
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THE STATE OF TEXAS §
§ AGREEMENT
COUNTY OF HARR I S §
THIS AGREENENT is made and entered into by and between the
CITY OF BAYTOWN, a municipal corporation, hereinafter called
"City," and PALMER DRUG ABUSE PROGRAM- HOUSTON, INC., a Texas
non - profit corporation acting through its duly authorized agent,
PALMER DRUG ABUSE PROGRAM BAYTOWN SATELLITE, hereinafter called
the "Program Applicant."
W I T N E 5 S E T H:
WHEREAS, the Palmer Drug Abuse Program was organized to
effectively counsel and support young people and their families
with drug and alcohol abuse problems, and;
WHEREAS, the City Council of the City of Baytown has
determined that a program to help young people in such a plight
in the community is in the public interest; NOW THEREFORE,
KNOW ALL NEN BY THESE PRESENTS:
That in consideration of the mutual convenants, agreements,
and benefits to both parties, it is agreed as follows:
The Program Applicant, as an independent contractor, 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.
II
This Agreement is to cover services to be rendered from
October 1, 1985, to September 30, 1986.
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60327 -7b
III
The City agrees to pay to the Palmer Drug Abuse Program
FIFTEEN THOUSAND EIGHT HUNDRED FORTY AND NO/100 ($15,840.00)
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 FIFTEEN THOUSAND EIGHT HUNDRED
FORTY AND NO /100 ($15,840.00) DOLLARS to the Program Applicant.
Payment shall be made quarterly in the amount of THREE
THOUSAND NINE HUNDRED SIXTY AND NO /100 ($3,960.00) 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 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 1986.
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.
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60327 -7c
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
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 iLs
employees, agents or representatives. All necessary personnel
shall be deemed employees of the Program Applicant.
VII
The Program Applicant 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 Palmer Drug Abuse
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 Drug Abuse Program 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 Program Applicant
hereunder are unsatisfactory in the judgment of the City Council,
and further for violation of any provisions hereof.
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IX
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 I- LIIVDRE D THOU S A \D AND NU / 1 0 0 ($500,000.00) DOLLARS combined
single limit prior to receiving its first payment.
EXECUTED this the day of
1986.
ATTEST:
E LEEK P. HALL, City Clerk
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CITY OF BAYTGW14
FRITZ LANHW, City Manager
By
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