Ordinance No. 4,64270212 -3
ORDINANCE NO. 4642
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 PARK MOWING
AND CLEANING PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF
SEVEN THOUSAND EIGHT HUNDRED TWENTY -EIGHT AND 80/100
($7,828.80) 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 park mowing and cleaning 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
SEVEN THOUSAND EIGHT HUNDRED TWENTY -EIGHT AND 80/100 ($7,828.80)
® DOLLARS to the Baytown Opportunity Center for a park mowing and
cleaning 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 12th day of
February, 1987.
TT O. HUTTO, Mayor
ATTEST:
EILEEN P. H LL, City Clerk
RANDALL B. STRONG, Ci ttorney
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EXHIBIT "A"
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THE STATE OF TEXAS
CONTRACT
® COUNTY OF HARRIS
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 park mowing and cleaning is
in the public interest; NOW THEREFORE,
KNOW ALL MEN 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
mowing and cleaning services in certain parks in Baytown as
designated in Exhibit "A," and to do all other things necessary
for the successful operation of this civic enterprise. The City
agrees to furnish all materials necessary for the cleaning of the
restrooms at the Wayne Gray Sports Complex and to provide the
® trash bags necessary and to pick up the bags when full.
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II
This contract is to cover services to be rendered from
April 1, 1987, to March 31, 1988.
The CITY agrees to pay to the.BAYTOWN OPPORTUNITY CENTER,
the sum of ONE THOUSAND THREE HUNDRED FOUR AND 80/100 ($1,304.80)
DOLLARS per month for service to be rendered in the development,
organization, supervision, and management of this program. In no
event will the City pay more than SEVEN THOUSAND EIGHT HUNDRED
TWENTY -EIGHT AND 80/100 ($7,828.80) DOLLARS to the CONTRACTOR.
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 agree and understood by all 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 employees of the CONTRACTOR.
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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
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
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 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.
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
KI
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HUNDRED THOUSAND AND N01100 ($300,000.00) DOLLARS combined single
limit prior to receiving its first payment.
EXECUTED, this the day of ,
1987.
CITY OF BAYTOWN
FRITZ LANHAM, City Manager
ATTEST:
EILEEN P. HALL, City Clerk
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BAYTOWN OPPORTUNITY CENTER
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EXHIBIT A
I. Litter Pickup
® A. Wayne Gray Sports Complex - during the months of April
through September on the days Monday through Friday.
B. Roseland Park - during the months of May through August -
done two (2) days per week.
II. Cleaning
A. Wayne Gray Sports Complex restrooms - during the months
of April through September on the days of Monday through
Friday.
B. Roseland Park and Jenkins Park Pavilions - during the
months of April through September - done once per week.
1. Sweeping, mopping if necessary
2. Cleaning restrooms and kitchen areas
III. Mowing - during the months of April through September - done
once every ten (10) days
A. Parks
1. Briarwood
2. Dale Street
3. Murdock
B. Albert Thomas Plaza
C. Police Station
IV. Flower Bed Weeding
Highway 146 medians - twice per summer
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