Ordinance No. 4,74570623 -7
ORDINANCE NO. 4745
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 THREE THOUSAND AND
N01100 ($3,000.00) 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
THREE THOUSAND AND N01100 ($3,000.00) 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 23rd day of June,
1987.
• • Mayor
ATTEST:
® EILEEN P. HALL, City Clerk
® RANDALL B. STRONG, Ci ttorney
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70623 -7a
STATE OF TEXAS
AGREEMENT
COUNTY OF HARRIS .
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
COMMUNITY DEVELOPMENT, INC., a non - profit corporation located in
Harris County, Texas hereinafter called "CONTRACTOR ".
W I T N E S S E T H:
WHEREAS, the Transportation Services Project established by
the BAYSHORE COMMUNITY 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;
KNOW ALL MEN BY THESE PRESENTS:
I
The CITY agrees to pay to the CONTRACTOR the sum of THREE
THOUSAND AND N01100 ($3,000.00) DOLLARS for service to be
rendered in the development, organization, supervision, and
management of this program. In no event will the CITY pay more
than THREE THOUSAND AND N01100 ($3,000.00) DOLLARS to the
CONTRACTOR.
Payment shall be made for the full amount of THREE THOUSAND
AND N01100 ($3,000.00) DOLLARS by July 31st, 1987. A written
annual report shall be submitted to the City Manager by December
31, 1987, which report shall show participation, expenses and
year's activities.
II
The CONTRACTOR, for and in consideration of the sum of
THREE THOUSAND AND N01100 ($3,000.00)
DOLLARS, agrees to do all
®
things necessary to
operate,
supervise, and manage the
transportation program,
which may
include, but it is not limited
to, vehicle maintenance,
drivers'
salaries, fuel costs, purchase
of insurance, and other
of the money shall be
vehicle
used for
operation expenses. No portion
the acquisition of a vehicle or
vehicles.
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70623 -7b
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 1987 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
HUNDRED THOUSAND AND N01100 ($500,000.00) combined single limit.
V
It is expressly agreed and understood by all parties hereto
that BAYSHORE COMMUNITY DEVELOPMENT, INC. 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 (1) effect an agreement or partnership or joint venture or (2)
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 COMMUNITY DEVELOPMENT, INC. covenants 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 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
is 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.
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70623 -7c.
40 VIII
This Contract shall become effective July 1, 1987, and shall
be in force and effect for a period of three months, terminating
on September 30, 1987. 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 CITY OF BAYTOWN and
BAYSHORE COMMUNITY DEVELOPMENT INC., acting by and through its
duly constituted President, this the day of
. 1987.
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
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CITY OF BAYTOWN
FRITZ LANHAM, City Manager
BAYSHORE COMMUNITY
DEVELOPMENT, INC.
By
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