Ordinance No. 2,87100410 -6
ORDINANCE NO. 2871
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A
CONTRACT WITH THE CITY OF HOUSTON FOR THE SENIOR CITIZENS'
TAXICAB PROGRAM; MAKING VARIOUS PROVISIONS RELATED
THERETO; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: The Mayor and City Clerk are hereby authorized
and directed to execute and attest to a contract, attached
hereto as Exhibit "A," with the City of Houston for the
Senior Citizens' Taxicab Program.
Section 2: This ordinance shall take effect immediately
from and after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 10th day
of April , 1980.
a
EMMETT 0. H TTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
\, C& W V et, �, t,
SCOTT BOUNDS, City Attorney
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E X H I B I T "A"
THE STATE OF TEXAS I
C O N T R A C T
COUNTY OF HARRIS I
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This contract made and entered into between the City of
Houston, a municipal corporation, principally situated in
Harris County, Texas, P. O. Box 1562, Houston, Texas, 77001,
hereinafter called the -"City", and the City of Baytown, P. O.
Box 424, Baytown, Texas, 77520, for a project entitled "Senior
Citizens Taxi -Cab Program," hereinafter called "Contractor ".
W I T N E S S E T H:
WHEREAS, the State of Texas acting through the Governor's
Committee on Aging, has designated the City to act as the-Area
Agency on Aging (Contract No. AA3-- 808 -28 ); and
WHEREAS, the City is acting herein pursuant to authority
of Title III of the Older Americans Act; NOW, THEREFORE,
The. City and the Contractor hereby agree as follows,
to -wit:
SCOPE OF SERVICES
The Contractor agrees to provide the services set out in
Attachment A, a copy of which is attached hereto and made a
part hereof for all purposes.
2.
TIME OF PERFORMANCE
The-Contractor agrees to commence performance of the
services described in Paragraph 1 of this contract and to
complete such performance within the time period set out on
Page Al hereof, provided, the Director of the Houston /Harris
County Area Agency on Aging who has the primary responsibility
for administering this contract on behalf of the City, shall
be authorized to extend the period of this contract for an
additional period of time not to exceed six months in order to
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C
The Con T=ac=o= is:
City o'f Bayt6wn
P. 0. Box 424
Baytown, Texas 77520
:B. T'ha Pzoject Tr- 'l. is:
Senior Cit'izens Taxi-Cab Program
C. The Peric)cl of' the Ccat=aatl is -f-==
January 1990 to
December 31 1980
Subject to e:cter-sioa as -_p in ?P-2-- z�?'n 3 "-'-eo'r
3). The =Z:: � compemsatilDZI 4s $19,800.00
De:-'a=tmen'. Or tale City Wi_2.
Area Agency on Acing
have primary zesvor-sib-51" 'r= is
beh-alf of the CITY.
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permit completion of the Performance of this contract by the
Contractor. Such action shall not require any amendment of
by a letter from said
this contract and may be evidenced
Director to the Contractor with a copy thereof to be trans-
mitted to the City Controller of the City of Houston. This
contract may be extended for a period in excess of six months
b formal contract amendment. Such performance shall be
Y
undertaken and completed in such sequence as will insure the
editious completion of the performance of this contract in
e x p
light of the purposes to be accomplished.
3.
COMPENSATION
The City agrees to make payment to the Contractor in the
amounts and upon the terms► provisions, and grant budgets as set
forth in Attachment B, a COPY of which is attached hereto an
art hereof for all purposes, and the Contractor agrees to
made a P
accept such payment as full compensation for services performed
hereunder.
4.
RULES OF GOVERNING ENTITIES
This contract shall be subject to all valid rules, regula-
zs and laws applicable hereto passed or promulgated by the
d States of America,
the State of Texas, or any governmental
agency having lawful jurisdiction or the authorized
tative or agency of any of them. Reference herein to
rules, regulations, and laws of governmental bodies or
ving lawful jurisdiction shall not be considered
if the applicability of any other rules, regulations,
able to this contract or the subject matter con-
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5.
PERSONNEL
The Contractor shall .furnish all necessary personnel with
the professional classification, qualifications, skill, and
expertise required to perform the scope of services to be rendered
pursuant to Article 1 hereof. The Conractor shall be responsible
for completion of the services to be rendered and will provide .
all necessary supervision and coordination of activities that may
be required to complete such services. The Contractor shall not
subcontract work to be performed as described by Article I
hereof without prior written consent of the City.
5.
COORDINATION
The Contractor agrees that the City may establish procedures
and mechanisms necessary to assure the effective coordination
between the various activities and programs operating pursuant to
Title III of the Older Americans Act, as amended. Such procedures
shall include, but are not necessarily limited to, the filing of
monthly and periodic reports as may be required by the City. It
is further agreed that the City may act when needed or requested
as a technical and policy advisory committee on matters relating
to this agreement and the subject matter contained herein.
7.
RECORDS AND AUDIT
The Contractor agrees that the City, Department of Labor,
Equal Employment Opportunity Commission (hereinafter called the
"EEOC "), Comptroller General of the United States, and any other
governmental body or agency having lawful jurisdiction or any of
their duly authorized representative shall, until the expiration
of three (3) years after final payment under this Contract, have
access to and the right to examine any directly pertinent books,
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documents, papers, invoices, and records of the Contractor involv-
ing transactions relating to this Contract. Contractor shall
further permit the City, Department of Labor, EEOC, Comptroller
General of the United States, and any other governmental body or
agency having lawful jurisdiction or any of their duly authorized
representatives, to audit, examine and make excerpts or tran-
scripts from such records and documents, and to make audits of
all contracts, invoices, materials, payrolls, records of personnel
and other data relating to transactions relating to this Contract.
The Contractor further agrees to include in all its subcontracts
permissible pursuant to Article V hereof, a provision to the
effect that the subcontractor agrees that the City, Department of
Labor, EEOC, Comptroller General of the United States, and any
other governmental body or agency having lawful jurisdiction or
any of their duly authorized representatives, shall, until the
expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine any directly
pertinent books, documents, papers, invoices, and records of such
subcontractor, involving transactions relating to the subcontract.
8.
GENERATED INCOME
The Contractor agrees that it is accountable to the City for
any income generated by or derived directly or indirectly from
activities conducted pursuant to the Contract such income may
include, but is not limited to service fees, sale of commodities,
usage or rental fees and royalties on payments and copyrights.
The Contractor further agrees that it shall not use such income
for any purpose without prior written consent to the City.
9.
TITLE TO PROPERTY
a. The government, or City may deliver to the Contractor,
for use in connection with this Contract, certain property at
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times and locations to be subsequently established by the parties
hereto. Title to the Government - furnished property shall remain
in the Government. Title to nonexpendable personal property
acquired wholly or in part by funds provided by the Contract
shall vest in the Contractor upon acquisition until such time as
the government or the City may require otherwise. It is further
agreed that the Contractor shall maintain adequate property
control records, perform regular inventories every two (2) years,
provide adequate maintenance, and establish adequate safeguards
to prevent loss, damage, or theft to any such property in accord-
ance with sound industrial practice.
b. Unless otherwise provided in this contract, the Contrac-
tor, upon delivery or acquisition of any such property, assumes
the risk of, and shall be responsible for, any loss thereof or
damage thereto, except for reasonable wear and tear, and except
to the extent that such property is consumed in the performance
of this contract.
C. The Contractor shall, upon completion of this contract
or where there is no otherwise no longer a need for such property,
give written notice to the City within ten (10) days to such
effect. It is further agreed that upon receipt of such written
notice by City, the City shall issue instructions as to continued
use or disposition of such property to the Contractor pursuant to
applicable federal regulations.
10.
EMPLOYMENT PRACTICES
The Contractor will not discriminate, directly or indirectly,
against any employee or applicant for employment because of race,
color, religion, sex, political beliefs, or national origin.
Such action shall include, but not be limited to the following.
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
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other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment,
notices to be provided by the City setting forth the provisions
of this equal opportunity clause.
11.
AFFIRMATIVE ACTION PLAN
It is further agreed that the Contractor shall develop a
written affirmative action compliance program for each of its
establishments, unless the contract or subcontract is exempt.
The Contractor's program shall provide in detail the specific
steps to guarantee equal opportunity employment keyed to the
problems and needs of members of minority groups, including, when
there are deficiencies, the development of specific goals and
time tables for the prompt achievement of full and equal employ-
ment opportunity. Each Contractor shall include in his affirma-
tive action compliance program a job classification table. This
table should include, but need not be limited to, job titles,
principal duties, rates of pay, and where more than one rate of
pay applies, the applicable rates. The affirmative action compli-
ance program shall be signed by an executive official of the
Contractor.
12.
LABOR STANDARDS
This contract, to the extent that it is of a character
specified in the Contract Work Hours and Safety Standards Act, 40.
U.S.C. 327 -33, is subject to the provisions and exceptions of
such Act and Regulations of the Secretary of Labor promulgated
thereunder. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employ-
ment of laborers, mechanics, apprentices, trainees, watchmen, and
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guards shall require or permit any laborer, mechanic, apprentice,
trainee, watchman, or guard in any work week in which he is
employed on such work to work in excess of eight (8) hours of.any
calendar day or in excess of forty (40) hours in such work week
on work subject to the provisions of the Contract Work Hours and
Safety Standards Act unless such laborer, mechanic, apprentice,
trainee, watchman, or guard receives compensation at a rate not
less than one and one -half (1 -1/2) times his basic rate of pay
for all such hours worked in excess of eight (8) hours in any
calendar day or in excess of forty (40) hours in such work week,
whichever is a greater number of overtime hours.
13.
LIABILITY TO THIRD PERSONS
a. The City does not assume any liability to third persons,
nor will the City reimburse the Contractor for its liability to
third persons, with respect to loss due to death, bodily injury,
or damage to property resulting in any way from the performance
of this contract or any subcontract hereunder.
b. The Contractor shall give City or its representatives
immediate notice of any suit or action files, or prompt notice of
any claim made, against the Contractor arising out of the perform-
ance of this contract, the cost and expenses of which may be
reimburseable to the Contractor under the provisions of this
contract. The Contractor shall furnish immediately to City
copies of all pertinent papers received by the Contractor in
connection with any such suit, action, or claim. The City or the
Government shall have the option to settle or defend any such
claim and to represent the Contractor and /or take charge of any
litigation in connection therewith. The Contractor may, at its
own expense, be associated with the representatives of the City
and settle or defend any such claim or act of litigation.
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14.
TERMINATION OF CONTRACT
a. When permissible by federal regulation, the City, may,
upon thirty {30} days written notice, terminate this contract, in
whole or in part, at any time prior to time of performance as
provided in Article 2 hereof, when it is in the best interest of
the City or the Government to take such action.
b. If this contract is for supplies and if so terminated,
the Contractor shall be compensated in accordance with Part I -A
of the Federal Procurement Regulations in effect on the date
hereof. To the extent that this contract is for services and if
so terminated, the City shall be liable only for payment in
accordance with the payment provisions of Article 2 hereof for
services rendered prior to the effective date of termination.
C. The City may, at any time before date of completion, by
written notice of default to the Contractor, terminate this
contract, in whole or in part, whenever it is determined that the
Contractor has materially failed to comply with the terms and
conditions of this contract within the time specified herein or
in the extension thereof. The City shall promptly notify the
Contractor in writing of the determination and the reasons for
the termination, together with the effective date.
d. Notwithstanding the above, the Contractor shall not be
relieved of liability to the City for damages sustained by the
City by virtue of any breach of this contract by the Contractor
and the City may withhold any payments to the Contractor for the
purpose of set -off until such time as the exact amount of damages
due City from the Contractor is determined.
e. In the event the City terminates this contract in whole
or in part as provided above, the City may procure, upon such
terms and in such manner as the City may deem appropriate, the
services of another contractor to complete the work so terminated
and the Contractor shall be liable to City for any excess cost
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for such similar work; provided that the Contractor shall continue
the performance of this contract to the extent not terminated
under the provisions of this Article.
f. If this contract is terminated as provided above, City,
in addition to any rights provided in this Article, may require
the Contractor to transfer title and deliver to the City in a
manner and to the extent directed by the City, any of the com-
pleted or partially completed work not theretofore delivered to,
and accepted by City, and any property, including contract rights,
specially produced or specially acquired for the performance of
such part of this Contract as has been terminated.
15.
MINIMUM WAGE PROVISION
a. This contract, to the extent that it is of a character
specified in the Davis -Bacon Act, 40 U.S.C. 276a, as amended, is
subject to the provisions and exceptions of such Act and Regula-
tions promulgated thereunder. Every laborer, mechanic, or em-
ployee employed directly upon the site of the work contemplated
by the contract shall be paid unconditionally and not less often
than once a week, without subsequent deduction or rebate on any
account, the full amount that is due at time of payment computed
at wage rates not less than the aggregate of the basic hourly
rates and the rates of payments, contributions, or costs of any
fringe benefits contained in the wage determination decision of
the Secretary of Labor.
b. In the event that it is found by City or any other
governmental body or
laborer or mechanic,
by the Contractor or
work covered by this
of wages less than t
or such governmental
agency having lawful jurisdiction, that any
including apprentices and trainees, employed
any subcontractor directly on the site of
contract has been or is being paid at a rate
he rate of wages required by above, the City
body or agency may by written notice to the
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Contractor terminate its right to proceed with the work, or such
part of the work as to which there has been a failure to pay such
required wages, and prosecute the work to completion by Con-
tractor or otherwise, whereupon such Contractor and his surety
shall be liable to City for any excess cost occasioned thereby.
16.
INSURANCE
It is further agreed that City may, upon the execution of
this contract, require the Contractor to furnish to City certifi-
cates of insurance evidencing insurance as follows:
(a) Workmen's Compensation and Employers Liability
(b) Comprehensive General Liability including coverage of
risks mentioned hereinafter in an amount not less than:
1. Bodily Injuries
(all hazards)
2. Property Damage
(automobile)
3. Property Damage
(other than automobile)
17.
ASSIGNMENT
$100,000 per person
$300,000 per occurrence
$300,000 aggregate
$ 50,000 per occurrence
$ 50,000 per occurrence
$100,000 aggregate
The provisions of this contract shall not be assignable
without the prior written consent of the other party. Written
consent on the part of the City shall require such consent to be
in the form of a council motion, resolution or ordinance adopted
by the City Council of the City of Houston.
flup
FORCE MAJEURE
To the extent that either party to this contract shall be
wholly or partially prevented from the performance within the
term specified of any obligation or duty placed on such party by
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any reason of or through strikes, stoppage of labor, riot, fire,
flood, invasion, insurrection, accident, order of any court,
judge or civil authority, an act of God, or any cause reasonably
beyond the parties' control and not attributable to its neglect,
then, in such event, the time for the performance of such obliga-
tion or duty shall be suspended until such disability to perform
is removed.
19.
NOTICE
Any notice required to be given pursuant to the provisions
of this contract shall, until due notice has been given of a
change of address, be sent by certified mail, postage prepaid to
the addresses of the parties hereto as set out in the opening
paragraph hereof.
or
CITY'S OBLIGATION
The Contractor admits knowledge of the fact that City's
obligation hereunder for payment of compensation herein provided
for is limited to monies received from the Governor's Committee
on Aging for the State of Texas; and that unless and until ad-
equate funds have been received by the City under the grant from
this committee, the City shall not have obligations to the contract.
The Contractor admits knowledge that said committee is on a
reimbursable basis. Therefore, it is understood that the Con-
tractor must generate enough funds to sustain said contract
performance and that adequate funds are received by the City to
reimburse said Contractor.
21.
REPORTING
The Contractor further agrees that all reimbursement request,
and required monthly and periodic reports shall be in the Area
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Agency on Aging Division by the fifth working day of each month
to insure proper payment. Failure to do so will delay reimburse-
ment for an additional thirty (30) days.
EXECUTED as of the day of ►
A.D. 1980, in duplicate originals.
ATTEST:
City Secretary
ATTEST:
City Secretary
APPROVED:
CITY OF HOUSTON
Mayor
COUNTERSIGNED:
City Controller
CONTRACTOR: CITY OF BAYTOWN
Mayor
Senior Assistant City Attorney
A7 D:
Director, Houston /Harris Co.
Area Agency on Aging
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ATTACHMENT. A
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SCOPE OF SERVICES 00410 -6p '
CITY -OF BAWGiNNi
To improve the quality of life of the elderly in the City of Bayto-Wn.
B. PRCG:?AM OW=IVES:
1. To increase the mobility of the elderly through an adequate level of trans-
portation services currently inaccessible to the imp-act. group because of
financial constraints or the non - existence of transportation services and
facilities.
2. To improve the quality of life in Bayta,;n by utilizing accessible transpor-
tation services and subsequent increased mobility.
1. To provide transportation services purchased from a local taxicab compeny-
2. To provide eight (8) one -way rides per =nth.
D. BE TEFICIA IES-
Those persons 60 and over residing in the City of Baytown, Texas.
E. CO_q= Alm OPERATI( �N:
The Baytown Senior Citizens Taxi Service Program will enroll up to 540 senior
citizens and, will operate a transportation service during tha`twelve.(12) months
from January 1, 1980, through DeceTber 31, 1980. Eligible participants must be
residents of Baytown, and must be over the age of 60. Income guidelines will
be used to determine what portion of the taxi fare the City will pay. Fare
categories include free and half -fare rides. Transportation service will be
purchased from the local taxicab companies. Riders will call the cab companies
to request service. The cab monies will pick up riders and take than to any
place within the city limits.. Riders will be eligible for eight (8) one way
rides per month. The fares will be Lased on fares set by city ordinance.
Average cost per ride will be about $2.75. Each month the cab companies will
provide about 1,000 rides.
F. 'VQk9Pc.S OF _P R'V -NCE;
Unduplicated total number of persons over 60 served
Number of senior citizens receiving transportation services to and frcm, per month.
a.) Medical
b.) Shopping
c -) Food Stamp Office
d.) Nutrition Sites
e.) . aLher (Specify)
Number of rides provided per month by taxicab conies.
Number of senior citizens receiving free transportation.
Number of senior citizens receiving half fare transportation.
Ljog of calls to taxicab co:cpanies from senior citizens.
Project will be monitored on a monthly basis with two in -depth reviews of the
Project during the contract year.
G. IN- SERVICE TRAINING:
The Contractor shall be required to attend all training sponsored by the Area
Agency on Aging-
H. ADVOCACY:
It shall be the responsibility and role of the Contractor to advocate for the
enhancement of the "quality of life" of persons 60 and over. The Contractor
shall involve itself in such activities which it deems effective in fulfilling
the goals and objectives of the Older Americans Act.
:'attachment A
ATTACHMENT B
's