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Ordinance No. 2,2027419 ORDINANCE NO. 2202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT TO PROVIDE TAXI SERVICE FOR SENIOR CITIZENS CONSISTENT WITH THE RECOMMENDATION OF THE SENIOR CITIZENS TRANSPORTATION COMMITTEE'S REPORT 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 hereby authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to a contract for taxi service for senior citizens consistent with the recommendation of the Senior Citizens Transportation Committee's report. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That this ordinance shall take effect 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 14th day of April , 1977. TOM GENTRY, Mayor ATTEST: EMEEN P. HALL, Cit Clerk APPROVED: NEEL R HA DSON, City Attorney E X H I B I T "A" 7420 7421 I THE STATE OF TEXAS 0 COUNTY OF HARRIS 0 This CONTRACT AND AGREEMENT made and entered into on this the day of , 1977 by and between the CITY OF BAYTOWN, TEXAS, a Municipal Corporation of Harris County, Texas, hereinafter called "CITY," and C. GORDON HART, doing business as RED TOP CAB COMPANY and SAFEWAY CAB COMPANY of Baytown, Harris County, Texas, here- inafter called "CONTRACTOR ". W I T N E S S E T H: WHEREAS, the City Council of the City of Baytown has accepted the recommendation of the Mayor's Committee on Transportation for the Elderly for the City to offer service of transportation for senior citizens for specific purposes pursuant to rules and regulations promulgated by the Mayor's Committee on Transportation for the Elderly as approved by the City Manager and on file with the City Clerk; and WHEREAS, the City Council by action taken on April 14, 1977, adopted Ordinance No. 2202 authorizing the City Manager to execute a contract with C. Gordon Hart, doing business as Red Top Cab Company and Safeway Cab Company for transportation service for the elderly; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT Contractor agrees as an independent contractor to furnish transportation for the elderly in compliance with rules and regulations promulgated by the Mayor's Committee on Transportation for the Elderly (attached as Appendix A), as approved by the City Manager of the City of Baytown and filed with the City Clerk, and in compliance with the terms and conditions, covenants and agreements hereinafter set forth: .W- 7422 I. VEHICLE SERVICE REQUIREMENTS Contractor covenants and agrees to furnish transpor- tation service for the elderly in compliance with the following requirements: (a) Contractor shall have and maintain taxicabs and drivers available twenty -four (24) hours daily for transportation of elderly persons.- (b) Contractor agrees that the taxicabs will be maintained at all times in accordance with the requirements of Chapter 29 of the Code of Ordinances of the City of Baytown. II. OPERATION Contractor agrees that the taxicabs will be operated at all times in accordance with the requirements of the State law and applicable ordinances of the City of Baytown. III. DISPATCHING Contractor shall have his own telephone number, and receive all calls relating to this service. Calls received pursuant to this program shall be treated as any other fare and shall receive no preference or disfavor. IV. FARES As full compensation to the Contractor for operation of the above referred to transportation service, the City agrees to reimburse the Contractor for reduced rates and fares charged passengers participating in this program under the following conditions: (a) Contractor shall provide transportation at the reduced rates to those elderly persons previously approved by the Mayor's Committee on Transportation for the Elderly and shall adhere strictly to the rules and regulations which have been promulgated by said committee, approved by the City Manager, and filed with the City Clerk. -2- 7423 (b) Contractor shall invoice the City monthly, invoices to be submitted as of the last day of each month, accompanied by trip tickets which are collected by Contractor through his taxicab drivers, and shall include the last full week of each month. Invoices shall be paid by the City monthly, not later than the 10th day of the month following the month for which the invoice is rendered. (c) Procedure for reimbursement shall conform to rules agreed upon by City, Mayor's Committee, and Contractor, provided the effective rate charged elderly program participants and City shall not exceed the normal cab fare. V. INDEPENDENT CONTRACTOR It is expressly agreed and understood by all parties hereto that C. Gordon Hart, doing business as Red Top Cab Company and Safeway Cab Company contractor in its relationship to the C Nothing herein contained at any time or be construed to (1) effect an agreement joining venture or (2) render any party or master of any other party and /or its or representatives. VI. is an independent ity of Baytown. in any manner shall of partnership or hereto the employer employees, agents INDEMNIFICATION AND ASSUMPTION OF LIABILITY C. Gordon Hart, doing business as Red Top Cab Company and Safeway Cab Company 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 operation of a vehicle utilized for the transportation of the elderly and all other operations arising under or other- wise incident to the provisions of this contract. -3- W U a- 7424 Contractor hereby assumes all liability and respon- sibility for injuries, claims or suits for damages to person or property, of whatever kind or character, whether real or asserted, occuring during the term of this agreement, arising out of or by reason of the operation of the transportation of the elderly and all other operations arising under or otherwise incident to the provisions of this contract. VII. REVOCATION OF CONTRACT 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 the violation of any provisions hereof. The City Council further reserves the right to cancel this contract at any time that C. Gordon Hart loses control of said corporation or is no longer the major stock- holder thereof. This contract and the services rendered pursuant to this contract shall be subject to review by the City Manager, who may, if he deems it necessary recommend modification of the contract to the City Council or reduction of the scope of the transportation service. Reduction of the service, modification of the contract, or cancellation of the contract shall not be ordered by the Council without an opportunity for hearing by the Contractor and /or the Mayor's Committee on Transportation for the Elderly. VIII. TERM This contract shall become effective the 1st day of May , 1977, and shall be in force and effect for a period of eight (8) months, terminating on the 31st day of December , 1977, or until the City expends Twelve Thousand and No /100 ($12,000.00) Dollars in taxicab fare -4- 7425 subsidies, provided, however, that the City at its sole option may continue the contract until December 31, 1977. This contract may be renewed for further periods, provided that such renewals are mutually agreeable to both parties hereto. This contract is entered into subject to the Charter and Ordinances of the City of Baytown and applicable State laws. EXECUTED IN DUPLICATE ORIGINALS by the CITY OF BAYTOWN and RED TOP CAB COMPANY and SAFEWAY CAB COMPANY, acting by and through their duly constituted President, C. GORDON HART, this the day of , 1977. CITY OF BAYTOWN By Fritz Lanham, City Manager ATTEST: EILEEN P. HALL, City Clerk APPROVED: NEEL RICHARDSON, City Attorney RED TOP CAB COMPANY By C. Gordon Hart, President ATTEST: Secretary SAFEWAY CAB COMPANY BY C. Gordon Hart, President ATTEST: Secretary -5- •7426 ' �. 111.•• :i- - - - - APPENDIXA - :tom,. •:.,• • . - . .��i' +•� ; - • .t Al - . .. •r - S• �. I• ! 0 ,. 7427 APPENDIX A RULES AND REGULATIONS SENIOR CITIZEN TRANSPORTATION PROGRAM A. Transportation shall be provided to senior citizens of Baytown over the age of 65 who have been approved under the following income guidelines: Low Income Moderate Income S One person 0 $4,000 $4,000 -- $6,000 Two people 0 $5,000 $5,000 - $7,000 B. All senior citizens enrolled in the program are limited to eight (8), and only eight (8) one -way trips per month. Low income citizens shall be eligible to use this service free of charge. Moderate income citizens shall be eligible to use this service -for one -half of the normal fare.- C. Transportation shall be provided for any. purpose and available`on a twenty -four (24) hour basis, seven (7) days per week. Transportation service shall be limited to those areas within the City limits of Baytown. No transportation beyond..the City limits shall be provided. D. All senior citizens enrolled in the program shall be issued, by the City, an identification /ridership card. This card shall contain the enrollees' name, address, and signature to verify identification. The outer edge of the card shall consist of six (6) monthly boxes, each box containing eight (8) punch slots. Low income citizens shall be issued a green identification /ridership card labeled FREE. Moderate income. participants shall be issued a red iden- tification /ridership card labeled HALF -FARE. E. All senior citizens requesting transportation service shall call participating Taxicab Companies providing this service, and such taxicab company shall dis- patch a vehicle to the callers location. Upon termination of the one -way trip the rider shall present to the taxicab driver his identification /ridership card. X 7428 The driver shall then prepare a trip ticket and punch one of the eight slots in the proper month. For those senior citizens only eligible for half -fare rides, it shall be the responsibility of the driver to collect half of the total fare.