Ordinance No. 5,173890112 -4
ORDINANCE 5173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SENIOR
CITIZENS TAXICAB SERVICES CONTRACT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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 Senior Citizens Taxicab Services
contract, 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:
from and after
Baytown.
INTRODUCED,
City Council of
January, 1989.
This ordinance shall take effect immediately
its passage by the City Council of the City of
READ and PASSED by the affirmative vote of the
the City of Baytown, this the 12th day of
EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
RANDALL B. STRONG, City Attorney
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THE STATE OF TEXAS 5
COUNTY OF HARRIS §
This CONTRACT AND AGREEMENT is made and entered into on this
the day of , 19 , by and between the CITY OF
BAYTOWN, TEXAS, a municipal corporation of Harris County,Texas,
hereinafter called "CITY," and JOY HART, doing business as RED
TOP CAB COMPANY and SAFEWAY CAB COMPANY of Baytown, 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
determined that it is in the public interest for the City to
offer transportation service for Senior Citizens for specific
purposes pursuant to rules and regulations promulgated by the
City and on file with the City Clerk; and
WHEREAS, the City Council by action taken on the day
of , 19 , adopted Ordinance No. ,
authorizing the City Manager to execute a contract with JOY HART,
doing business as RED TOP CAB COMPANY and SAFEWAY CAB COMPANY for
transportation for the elderly; NOW THEREFORE, KNOW ALL MEN BY
THESE PRESENTS:
THAT, Contractor agrees as an independent contractor to
furnish transportation for the elderly in compliance with rules
and regulations promulgated by the City of Baytown (attached as
Appendix A), and filed with the City Clerk, and in compliance
with the terms and conditions, covenants and agreements
hereinafter set forth:
I.
Contractor covenants and agrees to furnish transportation
service for the elderly in compliance with the following
requirements:
(a) Contractor shall have and maintain taxicabs and
drivers available twenty -four (24) hours daily for
Transportation of elderly persons.
(b) Contractor agrees that the taxicabs will be
maintained at all times in accordance with the
requirements of Chapter 29 of the Code of Ordinances of
the City of Baytown.
II.
OPERATION
Contractor agrees that the taxicabs will be operated at all
times in accordance with the requirements of the State laws and
applicable ordinances of the City of Baytown.
III.
DISPATCHING
Contractor shall have her own telephone number, and receive
all calls relating to this service. Calls received pursuant to
this program shall be treated as any other fare and shall receive
no preference or disfavor.
As full compensation
above referred to trans,
reimburse the Contractor
passengers participating
conditions:
IV.
FARES
to the Contractor for operation of the
portation service, the City agrees to
for reduced rates and fares charged
in this program under the following
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r, o ga. ,T, it
(a) Contractor shall provide transportation at the
standard rate to those elderly persons enrolled in the
program and shall adhere strictly to the rules and
regulations which have been promulgated and approved by
the City of Baytown.
(b) Contractor shall be reimbursed twice monthly. The
City will collect individual ride tickets on each Monday
of each month. Payment will be based on approximately
one half month. Each check request shall be placed in
the regular check writing process for payment.
(c) The effective rate charged elderly program
participants and City shall not exceed the normal cab
fare as established in Chapter 29 of the Code of
Ordinances as amended periodically.
V.
INDEPENDENT CONTRACTOR
It is expressly agreed and understood by all parties hereto
that JOY HART, doing business as RED TOP CAB COMPANY and SAFEWAY
CAB COMPANY is an independent contractor in her 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.
VI.
INDEMNIFICATION AND ASSUMPTION OF LIABILITY
JOY HART, doing business as RED TOP CAB COMPANY and SAFEWAY
CAB COMPANY 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
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transportation of the elderly 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 elderly and
all other operations arising under or otherwise incident to the
provisions of this contract.
VII.
INSURANCE
CONTRACTOR agrees to carry Personal Liability and Property
Damage Insurance covering its operations and agrees to furnish
the CITY, upon request, proof of minimum liability coverage of at
least the amount required by the State of Texas for proof of
financial responsibility.
VIII.
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. The City Council
further reserves the right to cancel this Contract at any time
that JOY HART loses control of said corporation or is no longer
the major stockholder thereof. 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
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modification of the Contract to the City Council or reduction of
the scope of the transportation service.
IX.
TERM
This Contract shall become effective the 1st day of January,
1989, and shall be in force and effect for a period of twelve
(12) months, terminating on the 31st day of December, 1989,
provided, however, that the City at its sole option may continue
the contract until December 31, 1990. This Contract may be
renewed for further twelve month 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.
EXECUTED IN DUPLICATE ORIGINALS by the CITY OF BAYTOWN and
RED TOP CAB COMPANY and SAFEWAY CAB COMPANY, acting by and
through their duly constituted President, JOY HART, this the
day of , 19 89 .
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
CITY OF BAYTOWN
FRITZ LANHAM, City Manager
RANDALL B. STRONG, City Attorney
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ATTEST:
Secretary
ATTEST:
Secretary
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RED TOP CAB COMPANY
JOY HART, President
SAFEWAY CAB COMPANY
JOY HART, President
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