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Ordinance No. 3,79040308 -4 ORLINAKE 110. 3790 AN TO EXE ORDNANCE p CLEW DIRECTING TO ATTESTT TO A CONTRACT WITH BAYSHORE COMMUNITY DEVELOPMENT, INC. FOR THE OPERATION AND MfA1VTENANR:E OF A TRAWSPORiATION FRO[BiAb% AUTHEDRIZP PAYMENT BY THE CITY OF FIFTEEN THOUSAND AND NO /100 ($13s0011AM DE]LLARS$ AND PROV10I VG FOR THE EFFECTIVE DATE HEREOF sat *stts- tt *tstttwrrtswrttas�► Batt* rwwxrrwstttst�► tettstwttttf #tatttwtwttttt4ttt:F • BE IT ORDAINED BY THE CITY COUNCIL OF THE QTY OF DAYTON% IEXASr Section 1: That the City Council of the City of Baytown, Texas, hereby approves a contract with Bayshore Community Development, Inc. and authorizes the City Manager and City Cleric of the City of Baytown to execute and attest to said Contract for the operation and maintenance of a transportation program. A copy of said contract is attached hereto, marked Exhibit "A ", and made a part hereof far all intents and purposes Section 2: The City Council hereby authorizes payment of FIFTEEN THOUSAND AND NO /100 ( ;159000.00) DOLLARS to Bayshore Community Development, Inc. for the operation and maintenance of a transportation program. Section 3: This ordinance shall take effect immediately from and after its Passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 8th day of March, 1984. ATTESTt 1�& �tyerk 40308- THE STATE CF TEXAS i COLNTY OF Hill A I S !1[IREEI►E]+lET This Contract and Agreement made and entered into by and between the CITY OF BAYTOWN, TEXAS, a municipal corporation in 1-larris County, Texas, hereinafter called "CITY", and BAYSHO2E . COMrLNITY DEVELOPMENT, INC., a non- profit corporation located in Harris County, Texas, hereinafter called "O NTRACTOR ". i W I THE S SETH: *t];EAS, the Transportation Services Project established by the BAYSH RE C0MANITY DEVELOPMENT, INC. has been organized in the public interest of the CITY OF BAYTCW" and surrounding areas to provide transportation for the elderly, the handicapped, and low income residents to medical facilities, social service agencies, pharmaceutical entities, once -a -week shopping trips, and selected enrichment or cultural activities; and MfEREAS, the City Council of the CITY OF BAYTLW4 has determined that it is in the public interest that such a service be provided for these citizens; 104l W ALL 101 BY 'IMSE PRESENT: I The CITY agrees to pay to the CONTRACTOR the sum of FIFTEEN THOUSAND AND ND/ 100 ($15,000.00) DOLLARS for service to be rendered in the development, organization, supervision, and management of this program. In no event will the CITY pay more than FIFTEEN THOUSAND AND No/100 ($15,000.00) DOLLARS to the CONTRACTOR. • Payment shall be made quarterly in the amount of $3,750.00 per quarter, payments shall be made on December 31st, March 318t, June 30th and September 30th. A written annual report shall be submitted to the City Manager prior to the receipt of the September 30th payment. The report shall show participation, expenses and year's activities. 1 EXMBrr A 40308 -4b II The CONTRACTOR, for and in consideration of the sum of FIFTEEN TH©IJSAND AND ND /100 ($15,000.00) DOLLARS agrees to do adl things necessary to operate, supervise^, and manage the transportation program, which may include, but it is not limited, vehicle maintenance, drivers, salaries, fuel costs, purchase of • insurance, and other vehicle operation expenses_ No portion of the money shall be used for the acquisition of a vehicle or vehicles. III Accurate records of all receipts and disbursements shall be kept by the CONTRACTOR and a] I accounts may be audited by the CITY. The CONTRACTOR will disclose in these records the amount of funds that it raised from whatever sources. These records shall also show the names of operating personnel, salaries, and amounts necessary for maintenance, repair and operation or the vehicle. The CONTRACTOR shall furnish the CITY with a copy of its 1984 annual budget. IV CONTRACTOR agrees to carry public Liability and Property I7Ar'mnA insurance eyed i t 3 c hg of °rer ? ^• ^•° and A,2raww to furnish the CITY proof of minimum liability coverage of limits of FIVE H-"]RED T13ISAND AND NO /100 ( ;500,000.00) combined single limit. V It is expressly agreed and understood by all parties hereto that BAYSHORL CONM.NITY DEVELOPMENT, INC. is an independent CONTRACTOR in its relationship to the CITY OF BAYTOIAN. Nothing . herein contained at any time or in any manner shall be construed . rc (1) effect an agreement or partnership or joint venture or (2) render any part hereto the employer or master of any other party .. and /or its employees, agents, or representatives. All necessary operating personnel shall be deemed employees of OONTRACTOR. 2 • 0 V.1 BAYS-pgE CCNMJNITY OEVELOPhENT, INC. covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defen.;, the CITY OF BAYTOM, its agents, servants or employees, from and against any 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 citizens using the program 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, occurring during the term at this agreement, arising out of or by reason of the operation of the transportation of the citizens using the program and all other operations arising under or otherwise incident to the provisions of this contract. VII The City Council reserves the right to cancel this Contract in the event the services performed by CONTRACTOR hereunder are II i6 �Z i S : aC►v: j ;n the j udg,*-_ -nt of the C: F ♦ Count' ! , and fu ►.e. - for the violation of any provisions hereof. Vlll This Contract shall become effective October to 1983, and shall be in force and effect for a period of one (1) year, terminating on September 30, 1984. This Contract is entered into subject to the Charter and Ordinances of the CITY OF BAYTOIIIN and applicable State Laws, and 03NTRACTOR further agrees to observe and 8irictiy cuiliply With ail the tE�. ^..., C„nditions, ru !ee and regulations of all applicable federal state and city statues. 3 40308 -4d EXECUTED #N aJPLICATE GRIGIW-5 by the CITY OF BAYTCW4 and BAYS -ME OOKCNITY DEVELOPbENT INC. , act i nq by and through 't z duly constituted President, this the day of ,�_.____.�► 1984. s CITY CF BAYTUW. f FRI ity nager ATTEST: E1 , ity lcr RAYSI iE COKM1dI TY 4 EX EIa"ADO, INC. ATTEST: 4 8y