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Ordinance No. 4,85171022 -9 ® ORDINANCE NO. 4851 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 LITTER ® PICKUP, AND PARK CLEANING AND MOWING; 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 litter pickup, and park cleaning and mowing. 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 THIRTY -THREE THOUSAND FIVE HUNDRED SIXTY -ONE AND N01100 ($33,561.00) DOLLARS to the Baytown Opportunity Center for litter pickup, and park cleaning and mowing. Section 3: from and after Baytown. This ordinance shall take effect immediately its passage by the City Council of the City of INTRODUCED, READ City Council of the October, 1987. ATTEST: and PASSED by the affirmative vote of the City of Baytown, this the 22nd day of �y- • WHT70, e ® EILEEN P. HALL, ity Clerk ® RANDALL B. ST G, City tor C:1 :30:4 71022 -9a r1 U 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 litter pickup, and park cleaning and mowing 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 litter pickup, and park cleaning and mowing 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 C: EX-MBIT A 71022 -9b 10 the bags when full. II ® This contract is to cover services to be rendered from October 1, 1987, to September 30, 1988. The CITY agrees to pay to the BAYTOWN OPPORTUNITY CENTER, the amounts shown on Exhibit "B" for the various types of work as shown, such payments to be made by the 30th of the month following the month in which such work was done. In no event will the City pay more than THIRTY -THREE THOUSAND FIVE HUNDRED SIXTY -ONE AND N01100 ($33, 561.00) DOLLARS to the CONTRACTOR for the services rendered over the life of this contract. 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 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. - 2 - V 71022 -9c 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 0 - 3 - 71022 -9d 0 HUNDRED THOUSAND AND N01100 ($300,000.00) DOLLARS combined single 1987. ATTEST: EILEEN P. HALL, City Clerk. C:5:10:1 r CITY OF BAYTOWN FRITZ LANHAM, City Manager BAYTOWN OPPORTUNITY CENTER By 0 4 If limit prior to receiving its first payment. ® EXECUTED, this the day of 1987. ATTEST: EILEEN P. HALL, City Clerk. C:5:10:1 r CITY OF BAYTOWN FRITZ LANHAM, City Manager BAYTOWN OPPORTUNITY CENTER By 0 4 If El THOROUGHFARE LITTER PICKUP ® LITTER WILL BE PICKED UP FROM THE FOLLOWING STREETS AT LEAST ONCE EACH MONTH Airhart Alexander - from 146 to South Main Baker Road - N. Main to Bayway Barkuloo -from Massey Tompkins to Baker Bayway - Decker to Market Birdsong - Garth to Edgebrook Bob Smith *Brownwood - all streets, alternating months Cedar Bayou from N. Main to McKinney Danubina Deanne Decker - Garth to Park Ferry Garth Road J. B. LeFevre -from Market St. to RR tracks Kilgore Lee - Gentry to S. Main Lynchburg Cedar Bayou - from Garth to N. Main Market Massey Tompkins McKinney - Bowie to Massey Tompkins North Main - from Cedar Bayou past Republic of Texas Plaza Park - Decker to Pruett - twice each 'month Raccoon Drive - from Massey Tompkins to Holloway Park Rollingbrook Tenth Texas from Airhart to Tri City Beach Road Tri City Beach Road - E. Texas to past the apartments W. Main bridge - area at both ends Ward Road - between 10th and Dairy Queen on south side acaeptvo�s ® LITTER WILL BE PICKED UP FROM THE FOLLOWING STREETS AT LEAST QUARTERLY: 40 Greenbriar - from Shreck to Winkler Shreck - from Bayway past Westwood Park Tri City Beach Road - from apartments-to HL &P canal v PARK CLEANUP AND MOWING 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 months of April through September - every Monday and Friday C. Bicentennial Park special cleanup after July 4th celebration II. CLEANING A. Wayne Gray Sports Complex restrooms - during months of April through September on the days of Monday through Friday B. Roseland Park and Jenkins Park Pavilions - during months of March through September each Monday. 1. Sweeping, mopping 2. Cleaning restrooms and kitchen areas III. MOWING - During months of April through September - done once each week. Mow, edge, trim bushes A. Parks 1. Briarwood 2. Dale Street 3. Murdock B. Others 1. Fire Administration 2. Police Station 3. City Hall Defee Annex 4. Pelly Triangle 5. Defee /Sterling Triangle 1507 W. Baker Road Baytown Opportunity Center Baytown, Texas 77521 0 [713] 427 -0545 SCHEDULE OF PAYMENT for STREET LITTER PICK -UP PARK CLEAN -UP MOWING SPOT LITTER PICK -UP A. Street Litter Pick -up 12 month program to be billed in 12 equal payments of Total $24,231 B. Park Clean -Up & Mowing Total 6 month program (except cleaning at 2 pavilions for 7 months) To be billed in 6 equal payments April through September of C. Spot Clean -Up To be billed as incurred 'Io7 - �L Daniel R, Prontka Executive Director C Li A United Way Agency - MHMRA Affiliate Total $ 2,019.25 $ 7,830 $ 1,305 $ 1,500