Ordinance No. 3,56630224 -1
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO A CONTRACT WITH RED TOP CAB COMPANY AND
SAFEWAY CAB COMPANY PROVIDING TRANSPORTATION
FOR SENIOR CITIZENS FOR SPECIFIC PURPOSES WITHIN
THE CITY LIMITS OF BAYTOWN, 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, Texas, hereby
approves a contract with Red Top Cab Company and Safeway Cab Company of
Baytown, for the providing of transportation service within the city limits of
Baytown for senior citizens and authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to said Contract. A copy of
said contract is attached hereto, marked Exhibit "A ", and made a part hereof for
all intents and purposes.
Section 2: 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 24th day of February, 1983.
EMMETT O. HU TO, Mayor
ATTEST:
r
a --
EILEEN P. HALL, City Clerk
APPROVED:
ANDALL B. STR NG, Ci Olorney
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THE STATE OF TEXAS
COUNTY OF HARRIS
This CONTRACT AND AGREEMENT is made and entered into on this the
day of , 1983, by and between the CITY OF BAYTOWN,
TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY,"
and JOY HART, doing business as RED TOP CAB COMPANY and SAFEWAY CAB
COMPANY of Baytown, Harris County, Texas, hereinafter called "CONTRACTOR ".
WITNE SSETH:
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 Trans-
portation 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 the day of
adopted Ordinance No. , authorizing the City
Manager to execute a contract with JOY HART, doing business as RED TOP CAB
COMPANY and SAFEWAY CAB COMPANY for transportation for the elderly; NOW
THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT, Contractor agrees as an independent contractor to furnish transpor-
tation for the elderly in compliance with 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:
I.
Contractor covenants and agrees to furnish transportation 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.
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11.
OPERATION
Contractor agrees that the taxicabs will be operated at all times in ac-
cordance with the requirements of the State laws and applicable ordinances of the
City of Baytown.
III.
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.
FARES
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.
(b) Contractor shall invoice the City monthly, invoices to
be submitted as of the last day of each month accom-
panied by trip tickets which are collected by Contractor
through his taxicab drivers, and shall include the last full
week of each month. Invoices shall be paid by the City
monthly, not later than the 10th day of each month follow-
ing 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 parti-
cipants and City shall not exceed the normal cab fare.
V.
INDEPENDENT CONTRACTOR
It is expressly agreed and understood by all parties hereto that JOY 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 agree-
FA
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ment of
partnership or joint 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
JOY 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 otherwise incident to the provisions of this
contract.
Contractor hereby assumes all liability and responsibility for injuries, claims or
suits for damages to person or property, of whatever kind or character, whether
real or asserted, occuring 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.
INSURANCE
CONTRACTOR agrees to carry Public Liability and Property Damage In-
surance covering its operations and agrees to furnish the CITY, upon request, proof
of minimum liability coverage of limits of Five Hundred Thousand & No /100
($500,000.00) combined single limit
VIII.
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 provisions hereof. The City
Council further reserves the right to cancel this contract at any time that JOY
Hart loses control of said corporation or is no longer the major stockholder 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
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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.
IX.
TERM
This Contract shall become effective the Ist day of January, 1983, and shall be
in force and effect for a period of twelve (12) months, terminating on the 31st day
of December, 1983, or until the City expends Thirty Eight Thousand and No /1013
($38,000.00) Dollars in taxicab fare susidies, provided, however, that the City at its
sole option may continue the contract until December 31, 1984. 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, JOY HART, this the day of
1983.
ATTEST:
EILEEN P. HALL, City Clerk
RANDALL B. STRONG, City Attorney
CITY OF BAYTOWN
FRITZ LANHAM, City Manager
RED TOP CAB COMPANY
JOY HART, President
4
ATTEST:
Secretary
SAFEWAY CAB COMPANY
JOY HART, President
ATTEST:
Secretary
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APPENDIX A
RULES AND REGULATIONS
SENIOR CITIZEN TRANSPORATION PROGRAM
A. Transporation shall be provided to senior citizens of Baytown over the age of 65
who have been approved under the following income guidelines:
Low Income
Moderate Income
One Person 046,000.00 $6,000.00 -$ 9,000.00
Two People 0- $7,500.00 $7,500.00- $10,500.00
B. All senior citizens enrolled in the program are limited to eight (8), and only
eight (8) one -way trips per month. Low income citizens shall be eligible to use this
service free of charge. Moderate income citizens shall be eligible to us this service
for one -half of the normal fare.
C. Transportation shall be provided for any purpose and available on a twenty -four
(24) hour basis, seven (7) days per week. Transportation service shall be limited to
those areas within the City limits of Baytown. No transportation beyond the City
limits shall be provided.
D. All senior citizens enrolled in the program shall be issued, by the City, an
identification /ridership card. This card shall contain the enrollees" name, 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 card labeled FREE. Moderate
income participants shall be issued a red identification /ridership card labeled
HALF -FARE.
E. All senior citizens requesting transportation service shall call participating
Taxicab Companies providing this service, and such taxicab company shall dispatch a
vehicle to the callers Iocation. Upon termination of the one -way trip the rider shall
present to the taxicab driver his identification /ridership card. The driver shall then
prepare a trip ticket and punch one of the eight slots in the proper month. For
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those senior citizens only eligible for half -fare rides, it shall be the responsibility of
the driver to collect half of the total fare.
F. The trip
ticket
shall
contain the following
information; date, vehicle number,
drivers' name,
time,
origin
and destination of the
trip, the amount of the fare owed
the taxicab company, the program charged to, and the signature of the senior
citizen who's card was validated.
G. All
trip
tickets pertaining to
the Senior Citizen Transportation
Program
shall be
turned
into
the City and upon
verification payment will made
to the
taxicab
company.
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