Ordinance No. 4,41260327 -6
ORDINANCE NO. 4412
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH 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, AND SELECTED ENRICHMENT OR CULTURAL ACTIVITIES;
AUTHORIZING PAYMENT BY THE CITY OF THIRTY THOUSAND AND
NO/100 ($30,000.00) 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 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 THIRTY
THOUSAND AND NO /100 (30,000.00) DOLLARS to the Bayshore Community
Development, Inc. to provide transportation for the elderly, the handicapped, and low
income residents in the manner described in the contract.
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 27th day of March, 1986.
dF
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
4LANDALZLEF.ST G, City orney
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THE STATE OF TEXAS §
§ AGREENENT
COUNTY OF HARR I S §
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
COMvUV1TY DEVELOPMENT, INC., a non- profit corporation located in
Harris County, Texas, hereinafter called "CONTRACTOR ".
W I THE S S E TH:
WHEREAS, the Transportation Services Project established by
the BAYSHCRE CONMJNITY DEVELOPMENT, INC. has been organized in
the public interest of the CITY OF BAYTOWN 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
WHEREAS, 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;
I,QSM ALL MEN BY THESE PRESENTS:
I
The CITY agrees to pay to the CONTRACTOR the sum of THIRTY
THOUSAND AND NO /100 ($30,000.00) COLLARS for service to be
rendered in the development, organization, supervision, and
management of this program. In no event will the CITY pay more
than THIRTY THOUSAND AND NO/100 ($30,000.00) DOLLARS to the
CSJN TRAC TOR .
Payment shall be made quarterly in the amount of SEVEN
THOUSAND FIVE HUNDRED AND NO /100 ($7,500.00) per quarter.
Payments shall be made on December 31st, March 31st, June 30th
and September 30th. A written annual report shall be submitted
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60327- -6b
to the City Manager prior to the receipt of the September 30th
payment. The report shall show participation, expenses and
year's activities.
II
The CONTRACTOR, for and in consideration of the sum of
THIRTY THOUSAND AND NO /100 ($30,000.00) 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 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 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 1986 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
F-Lt` RED THOUSAND AND NO /100 ($500,000.00) combined single limit.
V
It is expressly agreed and understood by all parties hereto
that BAYSHORE CONiUNITY UEVELOPNENT, INC. is an independent
CONTRACTOR in its relationship to the CITY OF BAYTOM. Nothing
herein contained at any tirne 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
and /or its employees, agents, or representatives. All necessary
operating personnel shall be deemed employees of CONTRACTOR.
VI
BAYSHORE C',ONNLJnI I TY DE VE LOPNENT , INC. c o v e n a n t s and agree s to
indemnify, and does hereby indemnify, hold harmless and defend,
the CITY OF BAYTOWN, 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 of
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
unsatisfactory in the judgment of the City Council, and further
for the violation of any provisions hereof.
VIII
This Contract shall become effective October 1, 1985, and
shall be in force and effect for a period of one (1} year,
terminating on September 30, 1986. 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 C I TY OF BAYTOâ–ºMV and
BAY SHOE CCMAt_JV I TY DE VE LDP W N T INC. , a c t i n g by and t h r o u g h i t s
duly constituted President, this the day of
VE UM-1-2
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
4
CITY OF BAYTOWV
FRITZ LAN-iAM, City Manager
BAYShORE CON" I TY
DEVELOPMENT, INC.
En