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.
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ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. S RONC�, City orney
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BXHTBIT "A"
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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
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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.
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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
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