Ordinance No. 3,346'0311 -7 ORDINANCE NO. 3346 AN ORDINANCE AUTFORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT FOR '_!MOWING SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT 0 DAINIID BY THE CITY COUNCIL OF THE CITY OF BAYTOWN : Section 1: That the City Council of the City of Baytown hereby authorizes and directs the City Manager and City Clerk to execute and attest to a contract for mowing services. A copy of said Agreement is attached hereto, mar- ked Exhibit "A ", and made a part hereof for all purposes. Section 2: That this ordinance shall take effect from and after its passage. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11th day of 'March , 1982. �►� • J ATTEST: EILEEN P. HALL, City Clerk APPROVED: RANDALL B. S RONC�, City orney 20311 -7a BXHTBIT "A" 20311 --7b THE STATE OF TEXAS COUNTY OF HARRIS This Contract and Agreement made and entered into on this day of , 1952, by and be- tween the CITY OF BAYTOWN, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "City ", and , an individual, hereinafter called "Contractor" 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 services 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 writ- ten notice from the Baytown Health Department. (b) Residential lots will be mowed within five inches of any building, 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; pro- vided 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 completion of mowing the assigned lot(s) or tract(s). The Contractor shall 20311 -7c shall be paid an hour for each mower and driver pro- vided however, that Contractor shall be paid a minimum of for each lot mowed. that III. INDEPENDENT CONTRACTOR It is expressly agreed and understood by both parties hereto 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 AATf'V Contractor shall furnish either a certified copy of policies of insurance or properly executed certificate of insurance con- firming and verifying that said Contractor has in force public liability insuranc in the amount of $100,000.00 for injuries to one person, $300,000.00 for one accident, and $50,000.00 for pro- perty damage. V. INDEMNIFIATION AND ASSUMPTION OF LIABILITY Contractor agrees to 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 provisions of this Contract, and Contractor agrees to assume all liability and responsibility for said injuries, claims or suits for dama- ges to persons or property. -2- 20311 -7d 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. VII. TERM This Contract shall become effective on the lst day of March, 1982, and shall be in force and effect for a period of twelve (12) months, terminating on the 28th day of February, 1983. 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 ex- piration 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 day of , 1982. ATTEST: EILEEN P. HALL, City Clerk CITY OF BAYTOWN By: FRITZ LANHAM, City Manager CONTRACTOR -3-