Ordinance No. 2,3878206
ORDINANCE NO. 2387
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
of December , 1977.
TOM GENTRY, Mayor
ATTEST: -
E LEEN P. HAL ity Clerk
APPROVED:
NEEL R H RDSON, City Attorney
20th
day
8207
E X H I B I T "A"
W
ria
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go
THE STATE: OF TEXAS 0
COUNTY OF HARRIS 0
8208
This CONTRACT AND AGREEMENT made and entered into
on this the day of
, 1977 by and between the
CITY Or BAYTOWN, TEXAS, a municipal corporation -of Harris
County, Texas, hereinafter called "CITY," and C. GORDON
BART, doing business as RED TOP CAB COMPANY and SAFEWAY CAB
COMPANY of Baytown, Harris County, Texas, hereinafter 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
December 20, 1977, adopted Ordinance No.2387 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:
8209
I.
Contractor covenants and agree; to furnish trans-
portation 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.
nDT'n AMT()N
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.
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.
PARES
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.
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8210
(b) Contractor shall invoice the City monthly,
invoices to be submitted as of the last (hay
of each month, accompanied by trip ticket;
which are collected by Contractor through his
taxicab drivers, and shall include the last
full week of each month. Invo:i.ces 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.
W
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 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
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.
IBM
M
8211
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, occurring 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 Cantel. 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 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 January, 1978, and shall be in force and effect for a
period of twelve (12) months, terminating on the 31st day of
December, 1978, or until the City expends Twenty Thousand
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8212
and No/1.00 ($20,000.00) Do:ll.ars in taxicab -Care subsidies,
provided, however, that the City at its sole option may
continue the contract until December 31, 1978. 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:
ATTEST:
ATTEST:
DP CAB COMPANY
By
C. Gordon Hart, President
Secretary
SAFEWAY CAB COMPANY
By
C. Gordon Hart, President
Secretary
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8 213
APPBNAIK A
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APPENDIX A
RULES AND
IZEGUL�Ii'Ib;i5
SENIOR CITIZEN TRANSPORTKfMJ
A.. Txar�sporiation
,all be provided to senior citizens of Bayt'oWn over the age
Of G5 ti.ho have been approved under the following ;nco.^=:-:� guidelines:
Low Income Moderate Income
..{••�• . •, .. , 0 - , 4 000 • ; �� • . $�, 000 - ' $G,000 "..
>. One person S _ .
~'
o
$5,000
TWO people '$7,000 '
.:: rogxam are
limited to eight (8)', and only
B. All senior citizens enrolled in the p
eight (8) one-way trips per month.• Lowincome citizens shall be eligible to
use this service free of charge. 1•Sodexate income citizens shall be eligible
to use this service .fox one-half of .the normal faze-•
roxtation shall" be provided for any. purpose and available : on a twenty-four
Txansp 1
we
sx ek. ,transportation service shall be
(24) hour•basis, seven (7) days per
limited to those areas w*thin the City limits of Baytol�-n. No -transportation
be ond..the City limits shall be
'
D. All senior citizens enrolled in the prop am shall be issued, by the City, an
:; `:• _
identification/ridership card. This card shall contain the enrollees' nark'
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
I card labeled FREE. t•Ioderate income. participants shall be issued a red iden-
tification/ridership card labeled HALF -PARE.
i
E. All senior citizens reqcall partici
uesting transportation sE:rvicc. s:it�tl7
Taxicab Companies proviu-<,g
this service and such taxicab colm�any shall dts-
patch a vehicle to the callers location. Upon termination of the OIIE:-1Fay trip
1
s
the rider ::hall present to tllc taxicab driver his identification/ridership card_
8215
'Ftt�: driver sh::? 1 then prepare a trip t•ickeL and pU<<ch OM: i.Lht slots
ill the propLr i,:ont'h. For those senior c:it'izcns only c1.i.f;i.ljlc- St,r
-rides, it shall be the x'esponsibil•i.t.y of tho drlvcr to co}. CL 11' of thc:
total Fare.
'file trip ticket shall can4ain the fc)l:l.o:4i•ng inf:ormatiarI-
datc, �•eiiicle I u„b,.r, drivers' name,
time, origin and destination of the trip,
rIY
. ••f+ a •••.y'•
• rJtiJoyw:.
• :.F �r.y r.« .
st tign
the acount of the fare o,red the taxicab company, the program charged 'to, and
tlie' signaturf= or the senior citizen who's card Sras val7.dated.
A,3. trip tickets pertaining to the S.-nior Citizen Transnaxtatian:Progxam en all
be turned into the city and Upon verification payment rade to the'taxicab congarly.
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