Ordinance No. 4,41760327 -11.
ORDINANCE NO. 4417
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK FOR THE
OPERATION AND MiAINTENANCE OF A TRANSPORTATION PROGRAM
AND A HOT NOON MEALS TO THE ELDERLY PROGRAM;
AUTHORIZING PAYMENT BY THE CITY OF TWENTY -THREE
THOUSAND NINE HUNDRED SIXTY AND NO/100 ($23,960.00)
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 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 -THREE
THOUSAND NINE HUNDRED SIXTY AND N0/100 ($23,960.00) 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 PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 27th day of March, 1986.
•
ATTEST:
0
EIL EN P. HALL, City Clerk
APPROVED:
RANDALL ff.- S7 G, City torney
IN
60327 -11a
THE STATE OF TEXAS §
§ AGREENENT
CQNTY OF HARR I S §
THIS AGREEMENT is made and entered into by and between the
CITY OF BAYTOWN, a municipal corporation, hereinafter called
"City," and FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK, hereinafter
called the "Contractor."
W I THE S SE TH:
WHEREAS, the Baytown Senior Citizen's Nutrition Center has
organized in the public interest of the City of Baytown to
provide transportation and program activities to the elderly (60
years or older), and;
WHEREAS, 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 NOW THEREFORE,
KNOW ALL IvEN BY THESE PRESENTS:
That in consideration of the mutual convenants, agreements,
and benefits to both parties, it is agreed as follows:
The Contractor, as an 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.
If
The Contractor also agrees to provide social services and
programs, which may include but not bp; limited to, counseling
and assistance with financial, medical, legal, housing, utilities
and personal problems.
1
60327 -11b
III
This Agreement is to cover services to be rendered from
October 1, 1985, to September 30, 1986.
IV
The City agrees to pay to the Contractor the sum of
NENTY- THREE THOUSAND N 1 NE HUNDRED SIXTY Ai\D N0/1U0 ($ 2 3, 9 6 0. U 0)
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 -THREE THOUSAND NINE
HL" -'RED SIXTY AND NO /100 ($23,960.00) DOLLARS to the Contractor.
Payment shall be made quarterly in the amount of FIVE
TH0JSAND NINE HUNDRED NINETY AND N0/100 ($5,990.00) 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.
V
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 personnel, salaries, and amounts necessary
for supplies and other incidental items as may be necessary and
proper for the operation of the program.
The Contractor agrees to furnish the City with a copy of its
final budget for the fiscal year 1986.
V1
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.
2
60327 -11c
VII
It is expressly agreed and understood by all parties hereto
that the Contractor 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 it.s
employees, agents or representatives.
VIII
The Contractor 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 operation of the above described
programs for the elderly and all other operations arising under
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.
IX
The City Council reserves the right to cancel this contract
in the event the services performed by Contractor hereunder are
unsatisfactory in the judgment of the City Council, and further
for violation of any provisions hereof.
3
60327 -11d
0
Contractor 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
HUNDRED THOUSA1\0 AID NO /100 ($500,000.00) DOLLARS combined single
limit prior to receiving its first payment.
EXECUTED this the day of
1986.
ATTEST:
EILEEN P. HALL, City Cleric
4
Cpl ti,1•i I
FRITZ LANHAM, City Manager
FIRST PRESBYTERIAN [ARCH OF
GOOSE CREEK
MIS