Ordinance No. 4,866n
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ORDINANCE NO. 4866
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH BAYSHORE COMMUNITY DEVELOPMENT INC. TO PROVIDE
TRANSPORTATION SERVICE FOR LOW INCOME CITIZENS OF
BAYTOWN; 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 Bayshore Community
Development Inc. and authorizes and directs the City Manager and
City Clerk of the City of Baytown to execute and attest to said
contract for transportation service for low income citizens of
Baytown. 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
TWENTY -NINE THOUSAND THREE HUNDRED SEVENTY -SEVEN AND NO 1100
($29,377.00) DOLLARS to the Bayshore Community Development Inc.
for transportation service for low income citizens of Baytown .
Section 3: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ
City Council of the
November, 1987.
and PASSED by the affirmative vote of the
City of Baytown, this the 12th day of
P;'-'FM.1ET�T i
ATTEST:
EILEEN P. HALL, City Clerk
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RANDALL B. STRONG, City A rney
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THE STATE OF TEXAS
COUNTY OF HARRIS §
This CONTRACT AND AGREEMENT is made and entered into on this
the day of 1987, by and between the CITY OF
BAYTOWN, TEXAS, a municipal corporation of Harris County, Texas,
hereinafter called "CITY," and BAYSHORE COMMUNITY DEVELOPMENT,
INC., Harris County, Texas, hereinafter called "CONTRACTOR."
W I T N E S S E T H:
WHEREAS, the City Council of the City of Baytown has
accepted the recommendation of the Community Development Advisory
Committee for the City to offer transportation service to low
income citizens, subject to rules and regulations promulgated by
the Community Development Advisory Committee, approved by the
City Manager and on file with the City Clerk; and
WHEREAS, the City Council by ordinance authorized the City
Manager to execute a contract with Bayshore Community
Development, Inc. for transportation services for low income
citizens, NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
e n independent THAT, Contractor agrees as a n contractor to w
furnish transportation service for low income citizens in
compliance with the rules and regulations promulgated by the
Community Development Advisory Committee (attached as Appendix
A), approved by the City Manager of the City of Baytown and filed
® with the City Clerk, and in compliance with the terms and
conditions, covenants and agreements hereinafter set forth:
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® I
Contractor covenants and agrees to furnish transportation
service for low income citizens in compliance with the following
requirements:
(a) Contractor shall have and maintain van and drivers
available during normal business hours for
transportation of low income citizens.
(b) Contractor agrees that the vans will be maintained
and serviced on a regular basis, not less than
weekly.
II
OPERATION
Contractor agrees that the vans will be operated at all
times in accordance with the requirements of Federal and State
laws and applicable ordinances of the City of Baytown.
Contractor agrees that the City may review and audit Contractor's
records to insure compliance with this Contract. Contractor
shall also allow a City representative to periodically ride on
its vans in order to review Contractor's compliance with this
Contract.
III
DISPATCHING
Contractor shall have his own telephone number, and receive
all calls relating to this service. Calls received pursuant to
this program shall be treated as any other call and shall receive
® no preference or disfavor.
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IV
RATES
® As full compensation to the Contractor for operation of the
above referred to transportation service, the City agrees to
reimburse the Contractor as specified in Appendix A for
passengers participating in this program under the following
conditions:
(a) Contractor shall provide transportation to those
low income citizens previously approved by the
Bayshore Community Development Board of Directors
and shall adhere strictly to the rules and
regulations which have been promulgated by said
committee, approved by the City Manager, and filed
with the City Clerk.
(b) Contractor shall invoice the City bi- weekly on
Monday, invoices to be submitted as of the prior
Friday, accompanied by a copy of Contractor's
daily trip ledgers. Invoices shall be paid by the
City bi- weekly, not later than the 10th day
Ic
following the period for which the invoice is
rendered.
(c) Procedure for reimbursement shall conform to rules
agreed upon by City, Community Development
Advisory Committee, and Contractor.
V
T14DEPENDENT CONTRACTOR
It is expressly agreed and understood by all parties hereto
that Bayshore Community Development 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 of partnership or joint venture or (2) render
any party hereto the employer or master of any other party and /or
® its employees, agents or representatives.
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VI
INDEMNIFICATION AND ASSUMPTION OF LIABILITY
® 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 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 operation of a
vehicle utilized for the herein described transportation services
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 herein described transportation
services and all other operations arising under or otherwise
incident to the provisions of this Contract.
VII
INSURANCE
Contractor agrees to carry Public Liability and Property
Damage Insurance covering its operations of the van and agrees to
furnish the City, upon request, proof of minimum liability
® coverage of limits of Five Hundred Thousand & No /100
($500,000.00) combined single limit.
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REVOCATION OF CONTRACT
® 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. This Contract and
the services rendered pursuant to this Contract shall be subject
to review by the City Manager, who may, if he deems it necessary,
recommend modification of the contract to the City Council or
reduction of the scope of the transportation service. Reduction
of the service, modification of the Contract, or cancellation of
the Contract shall not be ordered by the Council without an
opportunity for hearing by the Contractor and the Community
Development Advisory Committee.
IX
TERM
This Contract shall become effective the lst day of October,
1987, and shall be in force and effect for a period of twelve
(12) months, terminating on the 30th day of September, 1988, or
until the City expends TWENTY -NINE THOUSAND THREE HUNDRED
SEVENTY -SEVEN AND N01100 ($29,377.00) DOLLARS in fare subsidies,
whichever comes first. This Contract may be renewed for further
periods, provided that such renewals are mutually agreeable to
® both parties hereto. This Contract is entered into subject to
the Charter and ordinances of the City of Baytown and applicable
State Laws.
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1987.
ATTEST:
EILEEN P. HALL, City Clerk
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ATTEST:
JACK HAGEE, Secretary
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CITY OF BAYTOWN
FRITZ LANHAM, City Manager
BAYSHORE COMMUNITY DEVELOPMENT,
INC.
ALMA HADDICK, Chair
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EXECUTED IN
DUPLICATE ORIGINALS
by the CITY OF BAYTOWN and
BAYSHORE COMMUNITY
DEVELOPMENT, INC.,
acting by and through their
®
duly constituted
officers, this the
day of ,
1987.
ATTEST:
EILEEN P. HALL, City Clerk
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ATTEST:
JACK HAGEE, Secretary
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CITY OF BAYTOWN
FRITZ LANHAM, City Manager
BAYSHORE COMMUNITY DEVELOPMENT,
INC.
ALMA HADDICK, Chair
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APPENDIX A
RULES AND REGULATIONS
LOW INCOME CITIZEN TRANSPORTATION PROGRAM
® A. Transportation shall be provided to low income citizens of
Baytown who have been approved under the following annual
income guidelines:
Head of Household Under 60
No. in Household
1
2
3
4
5
6
7
8
9
10
Annual Income
6,825.00
9,165.00
11,505.00
13,845.00
16,185.00
17,525.00
20,865.00
23,205.00
25,545.00
27,885.00
Head of Household Over 60
No. in Household Annual Income
1 8,663.00
2 11,663.00
3 14,603.00
4 17,523.00
5 20,543.00
6 23,513.00
7 26,483.00
8 29,453.00
9 32,423.00
10 35,393.00
B. Subsidies shall be paid for each one way trip on the
following basis:
a) $3.00 per person for a trip within the
city limits of the City of Baytown
b) $5.00 per person for a trip between a
location inside the City of Baytown and a
point outside of the City of Baytown
within Harris County (excluding trips to
or from the City of Houston) with
originations at either location.
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c) $10.00 per person for a trip between a
point inside the City of Baytown and a
point within the City of Houston with
originations at either location.
C. Transportation shall be provided for any purpose and shall be
available between 8:30 a.m. and 4:30 p.m. Monday through
Friday.
D. All low income citizens enrolled in the program shall have on
file in the Bayshore Community Development Office an
application showing enrollee's name, address, social security
number, and signature to verify identification. Also on file
shall be -proof of enrollee's income.
® E. All low income citizens requesting transportation service
® shall call Bayshore Community Development to arrange
transportation. The daily driver's log sheet will contain
the name, address, destinations, and signature of each
enrollee transported that day. The driver's daily log will
be used to determine number of rides.
F. All daily log sheets from Bayshore Community Development
shall be turned into the City, and upon verification by the
City, payment will be made to Bayshore Community Development.
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