Ordinance No. 4,14850509 -4
ORDINANCE NO. 4148
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH OASIS LANDSCAPING FOR ANNUAL LOT - MOWING CONTRACT;
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 Oasis Landscaping and authorizes the City Manager and
City Clerk of the City of Baytown to execute and attest to said Contract for
annual lot - mowing contract. A copy of said contract is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section Z: 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 9th day of May 1985.
ekmm 0- HUTTO, Myor
ATTEST:
ILEEN P. HAL City Clerk
APPROVED:
iAMN15 A LL�I - STRONG, Ci Attorney
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THE STATE OF TEXAS O
COUNTY OF HARRIS ()
This Contract and Agreement made and entered into on this day of
1985, by and between 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, conditions,
covenants, and agreements hereinafter set forth:
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 written notice from the
Baytown Health Department.
(b) Residential lots will be mowed within five (5 ") inches of any
buildings, 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 of lots shall be mowed with seven (7) days after
notification that the tract or lot needs mowing; provided, hooever, 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 be paid an hour for each
mower and driver provided, however, that Contractor shall be paid a minimum
of for each lot mowed.
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III.
INDEPENDENT CONTRACTOR
It is expressly agreed and understood by both parties hereto that
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.
INSURANCE
Contractor agrees to carry Public Liability and Property Damage
Insurance for its operations and will furnish the City Clerk proof of a
minimum liability coverage of limits of $500,000.00 combined single limit
prior to commencement of contract.
I!M
INDEMNIFICATION 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 damages to
persons or property.
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. ,
1)
e 50509 -4c
Lyj"
TERM
This Contract shall become effective on the 1st day of April, 1985,
and shall be in force and effect for a period of twelve (12) months,
terminating on the 31st day of March, 1986. 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 expiration 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 . , 1985.
ATTEST:
EILEEN P. HALL, City Clerk
3
CITY OF BAYTOWN
BY
FRITZ LANHAM, City Manager
CONTRACTOR