Ordinance No. 4,57161023 -4
ORDINANCE NO. 4571
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH BAYTOWN OPPORTUNITY CENTER TO PROVIDE A LITTER
PICKUP PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF
SEVENTEEN THOUSAND THREE HUNDRED NINETY -ONE AND N01100
($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 and directs 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 2: 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 23rd day of
October, 1986.
ETT 0. HUTTO, Mayor
ATTEST:
r I 7
1
EILEEN P. HALL, City Clerk
ANDALL B. STRONG, Cioff Attorney
C :1 :5:1
61023 -4a
THE STATE OF TEXAS §
§ CONTRACT
COLNTY OF HARR I S §
THIS CONTRACT is made and entered into by and between the
CITY OF BAYTOVJN, a municipal corporation, hereinafter called
"CITY" and BAYTOWN OPPORTUNITY CENTER, a non- profit corporation
of Harris County, Texas, hereinafter called the "CONTRACTOR."
W I TN E S S E T
WHEREAS, the BAYTOyNN OPPORTUNITY CENTER, was organized to
provide opportunities for mentally handicapped individuals, and
WHEREAS, the City Council of the City of Raytown 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 THEREFORE,
KNOW 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
litter pickup services along certain streets around and in
Baytown as designated in Exhibit "A," and t.o do a I I 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 basis when full.
1
61023 -4b
II
This contract is to cover services to be rendered from
October 1, 1986, to Septemher 30, 1987.
The CITY ?grees to pay to the RAYTONIN OPPORTUNITY CENTER,
the sum of ONE THOUSAND FOUR HUNDRED FORTY -NINE AND 25/100
($1,449.25) DOLLARS per month for service to be rendered in the
development, organization, supervision, and mananement of this
program. In no event will the City pay more than SEVENTEEN
THOUSAND THREE HUNLtED NINETY -ONE AND NO /100 ($17,391.00) DOLLARS
to the CONTRACTOR.
III
In performance of the services agreed to herein, the
CONTRACTOR 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 aqreed and understood by all parties hereto
that the CONTRACTOR is an independent contractor in its
relationship to the City of Raytown. Nothinq 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
2
61023 -4c
employer or master of any other party and /or its employees,
aqents or representatives. All necessary personnel shall he
deemed employees of the CONTRACTOR.
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 aqainst any and all
claims for damages or injuries to persons a property c
whatsoever kind or character, whether real or asserted, arisinq
out of or incident to the support of the BAYTOWN OPPORTUNITY
CENTER, and all other operations arisinq 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, occurrinq durinq the term of
this contract, arisinq out of or by reason of the support of the
RAYTO',NN OPPORTUNITY CENTER, and all other operations arisinq
under or otherwise incident to the provisions of this contract.
V1
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.
C
61023 -4d
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
I- LJNDRED T -C U S AND AND N0/100 ($3 0 0 , 0 0 0 . 0 0 ) DOLLARS combined s i n g l e
limit prior to receiving its first payment.
EXECUTED, this the
1986.
U1119IM12C
EILEEN P. WALL, City Clerk
day of
CITY OF BAYTaW
FRITZ LWAW, City Manager
13AYTOMN OPPORTLNITY CENTER
By
4
7
61023 -Qe
EXHIBIT A
Litter will be picked up from the followinq streets at least
once a month:
Baker Road
North Main (from Cedar Bayou to new section)
Rollinqbrook
J. R. LeFevre (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 filth Street & 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 (from Alexander to Tri -City Beach Road)
Tri -City Beach Road (from F. Texas Avenue to
Apartments)
Lee (from C =entry to South Main)
Decker (from Garth to Park)
McKinney (from Bowie to Massey Tompkins)
Roth ends of West Main Bridge
Litter will be picked up from the followinq streets at least
quarterly:
Greenbriar (from Shreck to Winkler)
Shreck (from Bayway past Westwood Park)