Ordinance No. 3,1081 0 3 1 2- 1 5
ORD T H A N CE NO _ 3 1 O 8
AN ORD T NANCE AT3THOR T Z T 1`7G AND D T RECT T I'qG THE C T 'P -Y- MANAGE R
ANTI C STY C LE RK OF THE C I TY OF B AYT OWN TO EXE CUT E AND
A T TE S T T O A C O NTRA C T F OR MOW T NG S E RV T CE S AND P ROV T D 1 N G
FOR. THE EFFECTIVE DATE HEREOF
B E T T O RDA T 1�T E D B Y TH E C T TY C OU N C T L dF TH E C I TY OF
BAYTfli+`7N =
S e c t i o n 1= T h a t t h e C i t y C o u n c i l o f t h e C i t y o f
73 ay t o w n h e r e b y a u t h o r u e s a n d d i r e c t s t h e C i t y i' -i a n a g e r a n d
C i t y C 1 c r o f F3 a y t o w n t o e x e cu t o a n ti a t t e s t t o a c o n t r a c t
for rraowing serviccs _ A copy of said Agreement is attached
hereto , marked Exhibit •'A" and rrsacla a part hereof for a11-
p u r p o s e s_
Section 2 = That this ordinance slzaZl take effect frc�m
a rid after its passage _
TNTFtODLTCED READ and PASSED by the of f 1 rma t ive vote of
the City Cours.cil of the City of Y3-oL rn this the 12th day of
M a r c h , 1 9 8 1_
1SiTTF.ST
ETisEEN P _ HALL, City Clerk
APP ROVED =
1031.2 -15a
E Y H I B I T "A"
10312 -15b
THE STATE OF TEXAS (I
COUNTY OF HARRIS
This Contract and Agreement made and entered into on
this 16th day of March , 1981, by and between the
CITY OF BAYTOWN, TEXAS, a municipal corporation of Harris
County, Texas, hereinafter called "City," and S. V.
ROBBERSON an individual, hereinafter called "Contrac-
tor."
KNOW ALL MEN BY THESE PRESENTS:
That Contractor agrees to comply with the terms, condi-
tions, covenants, and agreements hereinafter set forth:
I.
SERVICE
Contractor covenants and agrees to furnish mowing ser-
vices in compliance with the following requirements:
(a) Contractor shall furnish labor and equipment to
mow high weeds and grass on private property as authorized
by written notice from the Baytown Health Department.
(b) Residential lots will be mowed within five inches
of any buildings, trees, and shrubs.
(c) On all other tracts of land, that area within 50
to 100 feet of any building or structure shall be mowed.
(d) All tracts or lots shall be mowed within seven (7)
days after notification that the tract or lot needs mowing;
provided, however, that reasonable extensions may be granted
due to inclement weather.
II.
COMPENSATION
An invoice for the work performed shall be submitted on
form approved by City within three (3) days following comple-
tion of mowing the assigned lot(s) or tract(s). The Contrac-
tor shall be paid x,12.00 an hour for each mower and driver
10312 -15c
provided, however, that Contractor shall be paid a minimum
of $11,0 Q for each lot mowed.
III.
INDEPENENT CONTRACTOR
It is expressly agreed and understood by both parties
hereto that 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
the other party and/or its employees, agents, or representatives.
IV.
TTTQTTD A WTO-P
Contractor shall furnish either a certified copy of
policies of insurance or properly executed certificate of
insurance confirming and verifying that said Contractor has
in force public liability insurance in the amount of
$100,000.00 for injuries to one person, $300,000.00 for one
accident, and $50,000.00 for property damage.
V.
INDEMNIFICATION AND ASSUMPTION OF LIABILITY
Contractor agrees to indemnify, hold harmless, and de-
fend, 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
provisions of this Contract, and Contractor agrees to assume
all liability and responsibility for said injuries, claims
or suits for damages to persons or property.
VI.
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 provision
hereof.
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VII.
TERM
This Contract shall become effective on the 1st day of
March, 1981, and shall be in force and effect for a period
of twelve (12) months, terminating on the 28th day of Febru-
ary, 1982, or until the City expends FIVE THOUSAND & N01100
($5,000.00) Dollars, provided, however, that the City, at
its sole option, may continue the Contract until February
28, 1982. This Contract may be renewed for two additional
one year periods upon receipt by the City of written notice
from the Contractor of his desire to renew at least thirty
(30) days prior to expiration of this Contract. Such renewal
shall be for the same compensation set forth in Section II,
plus an inflation factor equal to the increase in the Consumer
Price Index for the United States for the prior calendar year,
as published by the United States Government.
EXECUTED on this 16th day of
ATTEST:
EILEEN P. HALL, City Clerk
,Yarch , 1981.
CITY OF BAYTOWN
By
F City Manager
CONTRACTOR
r0r.11M;F,4
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