Ordinance No. 4,29551024 -2
ORDINANCE NO. 4295
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH THE BAYTOWN OPPORTUNITY CENTER TO PROVIDE A LITTER
PICKUP PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF
SEVENTEEN THOUSAND THREE HUNDRED NINETY -ONE AND NO /100
($17,391.00) 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 a contract with the Baytown Opportunity Center and authorizes the City
Manager and City Clerk of the City of Baytown to execute and attest to said
contract for a litter pickup program. A copy of said contract is attached hereto,
marked Exhibit "A ", and made a part hereof for all intents and purposes.
Section Z: The City Council hereby authorizes payment of SEVENTEEN
THOUSAND THREE HUNDRED NINETY -ONE AND NO /100 ($17,391.00) DOLLARS to
the Baytown Opportunity Center for a litter pickup 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 24th day of October, 1985.
M T NVUL HUTT .- Mfiyor
i
ATTEST:
t
EILEEN P;,. LL, City Clerk
APPROVED: r
"RON MCLEMORE, Assistant City Attorney
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THE STATE OF TEXAS §
§ CONTRACT
COLNTY OF HARR 15 §
THIS CONTRACT is made and entered into by and between the
CITY OF BAYTOWN, a municipal corporation, hereinafter called
"CITY" and BAYTOWN OPPORTUNITY CENTER, a non - profit corporation
of Harris County, Texas, hereinafter called the "CONTRACTOR."
W I T N E S S E T H
WHEREAS, the BAYTOWN OPPORTUNITY CENTER, was organized to
provide opportunities for mentally handicapped individuals, and
WHEREAS, the City Council of the City of Baytown has
determined that a program to provide litter pickup is in the
p u b l i c i n t e r e s t ; NOW TFEREFCRE ,
KNF_ W ALL NEN BY THESE PRESENTS:
That in consideration of the mutual covenants, contracts,
and benefits to both parties, it is agreed as follows:
I
The CONTRACTOR, as independent contractor, agrees to provide
Iitter pickup services along certain streets around and in
Baytown as designated in Exhibit "A," and to do ail other things
necessary for the successful operation of this civic enterprise.
The City agrees to provide the trash bags necessary and to pick
up the bags when full.
Ii
This contract is to cover services to be rendered from
October 1, 1985, to September 30, 1986.
The CITY agrees to pay to the BAYTOWN OPPORTUNITY CENTER,
the sum of ONE THWSAND FOUR HUNDRED FORTY -ivINE AND 25/100
($1,449.25) DOLLARS per month for service to be rendered in the
development, organization, supervision, and management of this
51024 -2b
prograrn. In no event will the City pay more than SEVENTEEN
THOUSAND THREE HUNDRED NINETY -ONE AND NJ/ 100 ($17,391.00) DOLLARS
to the CONTRACTOR.
III
In performance of the services agreed to herein, the
L'JJNTRACTOR agrees to observe and strictly comply with all the
terms, conditions, rules, and regulations of all applicable
federal, state and city statutes.
IV
It is expressly agreed and understood by a[I parties hereto
that the CONTRACTOR 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 a contract
of partnership or joint venture or render any party hereto the
employer or master of any other party and/or its employees,
agents or representatives. All necessary personnel shall be
deemed employee s of the CONTRACTOR .
V
CONTRACTOR convenants 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
clairns far damages or injuries to persons or property of
whatsoever kind or character, whether real or asserted, arising
out of or incident to the support of the BAYTOWN OPPORTUNITY
CENTER, 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
this contract, arising out of or by reason of the support of the
BAYTOWN OPPORTUNITY CENTER, and all other operations arising
under or otherwise incident to the provisions of this contract.
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VI
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.
VII
CONTRACTOR agrees to carry Public Liability and Property
Damage insurance covering its operations and agrees to furnish
the CITY proof of minimum liability coverage limits of THREE
HUNDRED THOU S A N D AND NJ/100 ($300,000.00) DOLLARS combined s i n g l e
limit prior to receiving its first payment.
EXECUTED, this the
1985.
ATTEST:
EILEEN P. HALL, City Clerk
day of ,
CITY OF BAYTOAN
FRITZ LAWM, City Manager
BAYTOWV OPPORTUNITY CENTER
M
51024 -2d
EXH I B I T A
Litter will be picked up from the following streets at least
once a month:
Baker Road
North Main (from Cedar Bayou to new section)
Rollingbrook
Lynchburg (between Market and the railroad tracks)
Garth Road
Massey Tompkins
Bob Smith
Kilgore
Ferry
Tenth
Market
Airhart
Park (from Decker to Pruett)
Ward Road (between 10th Street do the Dairy Queen on
the south side across from Kroger)
Alexander (from 146 to South Main)
Bayway (from Bay Villa to Decker)
Deanne
Danubina
East Texas to Tri City (Tri City to Apartments)
Lee (from Gentry to South Main)
Decker (from Garth to Park)
McKinney (from Bowie to Massey Tompkins)
Both ends of West Main Bridge
Litter will be picked up from the following streets at least
quarterly:
Greenbriar (from Shreck to Winkler)
Shreck (from Bayway past Westwood Park)