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Ordinance No. 2,2717764 ORDINANCE NO. 2271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING 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 28th day of July 1977. TOM GENTRY, Mayor ATTEST: E TEN P. HALL, City Clerk APPROVED: 'D • Attorney 77771--- Nl- ... ....... ........ C T T T J JU "J i !"", J. E X H I B I T "A" 7765 7766 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 TEXAS KAPCO, INC., doing business as RED TOP CAB COMPANY and SAFEWAY CAB COMPANY of Baytown, Harris County, Texas, herein- after 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 July 28, 1977, adopted Ordinance No. authorizing the City Manager to execute a contract with Texas Kapco, Inc., 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 7767 filed with the City Clerk, and in compliance with the terms and conditions, covenants and agreements hereinafter set forth: I. 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 laws 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 -2- 7768 • 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. (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 Texas Kapco, Inc., doing business as Red Top Cab Company and Safeway Cab Company 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 (1) effect an agreement of partnership or joining venture or (2) render any party hereto the employer or master of any other party and /or its employees, agents or representatives. VI. INDEMNIFICATION AND ASSUMPTION OF LIABILITY Texas Kapco, Inc., 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 -3- 7769 operation of a vehicle utilized for the transportation of the elderly and all other operations arising under or otherwise incident to the provisions of this contract. 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 B. R. Minter looses 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 August, 1977, and shall be in force and effect for a we 7770 period of five (5) months, terminating on the 31st day of December, 1977, or until the City expends Seven Thousand Five Hundred and No /100 ($7,500.00) Dollars in taxicab fare 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 TEXAS KAPCO, INC., acting by and through its duly constituted President, B. R. MINTER, this the day of , 1977. CITY OF BAYT0WN By Fritz Lanham, City Manager ATTEST: EILEEN P. HALL, City Clerk APPROVED: NEEL RICHARDSON, City Attorney TEXAS KAPCO, INC. ATTEST: John Minter, Secretary By B. R. Minter, President -5- 7771 • APPEND IX.A •• ,: f .. ti's •! � •�:•' ••, � - � :% i j` •' •_ '`'• . {~ :f � %. r • •;_ice .; t� •. MIN • B. C. D. 7772 APPENDIX .A RULES AND REGULATIONS SENIOR CITIZEN TRANSPORTATION PROGRAM- A. Transportation shall be provided to senior citizens of Baytown over the age- of 6S who have been approved under the following income guidelines: -- .� Low Income Moderate Income• t ,. 0 $4,000 One person +. .... • $5,000 Mio people 0 $5,000 ' . .. . .. are limited to eight (8 ); and only. • All senior citizens'enrolled in the program 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.. 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 transportatian beyond-the City limits shall be provided =. _ •_ _ ..:..;;; �, PFXI 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) ppnch 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 sensor 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 termxnaziwl ui Luc vac -way Grip the rider shall present to the taxicab driver his identification /ridership card. 7773 The driver shall then prepare a trip ticket and punch one of the eight slots in the proper month_ For those senior citizens only eli•gible .fox half. -fare rides, it shall be the responsibility of the driver to collect half of the total. fare. F. The trip ticket shall-contain the following information: G. Xf J ,i date, vehicle number, drivers' name, time, origin and destination of the trip, the amount of the fare owed the taxicab company, the program charged 'to, and the signature of the senior citizen who's card was validated. All trip tickets pertaining to the Senior Citizen Transportation:Pragram shall:. be turned into the city and upon verification payment made to the'taxicab company. • •`` Z. - . j..,JJ•-' a v.: :v • .• ,'_• • a ' '` - ..� •• - +;art -X:E. .. . • ;•)x••C• _ ?•': :' - ::=w..1�.