Ordinance No. 3,979s
ORDINANCE NO. 3979
AN ORD AND D9tECTIM THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATW-ST TO AN AG,REEMDT
WITH BAYSHORE COMMIUNITY DEVELOPMENT, INC. TO PROVIDE
TRANSPORTATION FOR THE ELDERLY, THE HANDICAPPED, M41D
LOW INCOME RESIDENTS TO MEDICAL FACILITES, 913CIAL SERVICE
AGENCIES, PHARMACEUTICAL ENTITIES, ONCE- A-WEEK 94OPPM
TRIPS, AND SELECTED ENRICHMENT OR CULTURAL ACTIVITIES0
AUTHORIZMG PAYMENT BY THE CITY OF THIRTEEN THOUSAND
AND NO /100 ($13,=.W) DOLLARS; 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 an agreement with BAYSHORE COMMUNITY DEVELOPMENT, INC. and
authorizes the City Manager and City Clerk of the City of Baytown to execute and
attest to -said agreement 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. A copy of said agreement is attached hereto, marked Exhibit
"A ", and made a part hereof for all intents and purposes.
Section 2: The City Council hereby authorizes payment of THIRTEEN
THOUSAND AND NO /100 (13,000.00) DOLLARS to the Bayshore Community
Development, Inc. 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.
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 11th day of October, 1984.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED-
'RANDALL �:4 ;Prney
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This Contract and Agreement is made and entered into by and
between the CITY OF BAYTOWN, TEXAS, a municipal corporation in
Harris County, Texas, hereinafter called "CITY ", and.BAYSHORE
Ah CONhtNITY DEVELOPPME-NT INC., a non - profit corporation located in
Harris County, Texas, hereinafter called "CONTRACTOR ".
W I T N E S S E T W
WHEREAS, the Transportation Services Project established by
the WtSHORE COvMJsIiTY DEVELOPMENT, INC. has been organized in
the public interest of the CITY OF BAYTOV" 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, but will not
transport individuals for purposes of voting or voter's
registration; and
MEREAS, the City Council of the CITY OF BAYTOWN has
determined that it is in the public interest that such a service
be provided for these citizens;
KNOW ALL KU4 BY THESE PRESENTS:
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The CITY agrees to pay to the CONTRACTOR the sum of THIRTEEN
THOUSAND AND NO /100 ($13,000.00) 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 THIRTEEN THOUSAND AND NO /100 ($13,000.00) DOLLARS to the
CONTRACTOR.
Payment shall be made quarterly in the amount of $3,250.00
per quarter. Payments shall be made on December 31st, March
31st, June 30th and September 30th. A written annual report
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shall be submitted to the City Manager prior to the receipt of
ihe.Septennber 30th payment. The report shall show participation,
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expenses and year's activities.
.'l The CONTRACTOR, for and in consideration of the sum of
THIRTEEN THOLJSMD AND N0/100 ($13,000.00) DOLLARS agrees to do
~ all 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 vehicle4peration 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
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kept by the CONTRACTOR and all 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 of the
vehicle. The CONTRACTOR shall furnish the CITY with a copy of
its 1985 annual budget.
IV
CONTRACTOR agrees to carry Public Liability and Property
Damage Insurance covering its operations and agrees to furnish
the CITY proof of minimum liability coverage of limits of FIVE
HUNDRED THOUSAND AND N0/100 ($500,000.00) combined single limit.
V
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It is expressly agreed and understood by all parties hereto
that BAYSHURE COMNiNITY DEVELOPMENT, INC. is an independent
CONTRACTOR in its relationship to the CITY OF BAYTOM. Nothing
herein contained at any time or in any manner shall be construed
to (1) effect an agreement or partnership or joint venture or (2)
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render any part hereto the employer or master of any other party
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and /or its employees, agents, or :-epresentatives. All necessary
operating personnel shall be deemed employees of CONTRACTOR.
VI
BAYSHORE OONM.NITY DEVELO PENT, IhC. covenants and agrees to
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ind.emiify, and does hereby indemnify, hold harmless and, defend,
the CITY OF SAYTOWdv, its agents, servants or employees, from and
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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 of
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this agreement, arising out of or by reason of the operation of
the transportation of the citizens using the program and all
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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
unsatisfactory in the judgment of the City Council, and further
for the violation of any provisions hereof.
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This Contract shall become effective October 19 1984, and
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shall be in force and effect for a period of one (1) year,
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terminating on September 30, 1985. This Contract is entered into
subject to the Charter and Ordinances of the CITY OF BAYTOWN and
applicable State Laws, and CONTRACTOR further agrees to observe
and strictly comply with all the terms, conditions, rules and
regulations of all applicable federal state and city statues.
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EXECUTED IN DUPLICATE ORIGINALS by the CITY OF BAYTOAN and
9AYSf tE CO MNITY DEVELOPNENT INC. , act ing by and through i �s
_;duly constituted President, this the _day of
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ATTEST:
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CITY OF BOWTUR I
ity nager
SAYS437E COW4JNITY
DE VELORWENT, INC.
By
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