Ordinance No. 5,11981013 -3
ORDINANCE NO. 5119
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH BAYTOWN OPPORTUNITY CENTER FOR THOROUGHFARE LITTER
PICKUP, 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 Baytown Opportunity Center
for thoroughfare litter pickup, park cleaning and mowing, and
authorizes and directs the City Manager and City Clerk of the
City of Baytown to execute and attest to said contract. A copy
of said contract is attached hereto, marked Exhibit "A," and made
a part hereof for all intents and purposes.
Section 2: 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
October, 1988.
and PASSED by the affirmative vote of the
City of Baytown, this the 13th day of
EkMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
RANDALL B. STRONG, C Attorney
C:1:15:1
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. CONTRACTOR will
collect bags and dispose of them at Park Service Center.
f ' BIT A
i
II
This contract is to cover services to be rendered from
October 1, 1988, to September 30, 1989.
® 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 -SEVEN THOUSAND THREE HUNDRED
FORTY -NINE AND N01100 ($37,349.00) DOLLARS to the CONTRACTOR for
the services rendered over the life of this contract.
III
In performance of the services agreed to herein, the
10 CONTRACTOR agrees to observe and strictly comply with all the
terms, conditions, rules, and regulations of all applicable
federal, state and city statutes.
F�
IV
It is expressly agreed 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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C]
V
•
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.
VA 4"
CONTRACTOR
CONTRACTOR convenants and agrees to
indemnify, and does
Liability and
hereby indemnify, hold harmless and defend, the
CITY OF BAYTOWN,
covering
its agents, servants or employees, from and
against any and all
furnish
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.
VA 4"
CONTRACTOR
agrees to
carry Public
Liability and
Property
Damage Insurance
covering
its operations
and agrees to
furnish
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the CITY proof of minimum liability coverage limits of THREE
HUNDRED THOUSAND AND N01100 ($300,000.00) DOLLARS combined single
limit prior to receiving its first payment.
EXECUTED, this the day of ,
1988.
ATTEST:
0 EILEEN P. HALL, City Clerk
C:5:10:1
CITY OF BAYTOWN
FRITZ LANHAM, City Manager
BAYTOWN OPPORTUNITY CENTER
By
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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
LITTER WILL BE PICKED UP FROM THE FOLLOWING STREETS AT LEAST
® QUARTERLY:
Greenbriar - from Shreck to Winkler
Shreck - from Bayway past Westwood Park
Tri City Beach Road - from apartments-to HL &P canal
EXH1Bi i A
EXHIBff A
PARK CLEANUP AND MOWING
I. LITTER PICKUP
A. Wayne Gray Sports Complex - during the months of March through
September on the days Monday through Friday. Include parking
lot and rest of park.
® B. Roseland Park - during months of March through September -
every Monday and Friday
C. Bicentennial Park special cleanup after July 4th celebration
II. CLEANING
A. Wayne Gray Sports Complex restrooms and restrooms near tennis
courts. - during months of March through September on the days
of Monday through Friday
B. Roseland Park and Jenkins Park Pavilions and outside restrooms
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
S. Defee /Sterling Triangle
EXHIBIT A
11
1988 -89 BOC CONTRACT DETAIL
(All pickups are monthly unless otherwise noted)
® A. LITTER PICKUP $27,264
See attached schedule. Now includes
pickup of bags and disposal at Parks Barn
B. PARK CLEANUP AND MOWING 9485
See attached. Increases service to 7 months
of the year and increases areas cleaned
C. EMERGENCY SPOT CLEANUPS 600
TOTAL 1988 -89 CONTRACT $37,349
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