Ordinance No. 5,372E
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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 authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to an
agreement with Bayshore Community Development, Inc. which
provides transportation services to low income citizens® A copy
of said agreement 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, 1989.
and PASSED by the affirmative vote of the
City of Baytown, this the 12th day of
METT 0. HU TO, City Mayor
RAND ALL B. STRONG,, C Attorney
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THE STATE OF TEXAS 5
COUNTY OF HARRIS 5
This CONTRACT AND AGREEMENT is made and entered into on this
the day of , 1969, by and between the CITY OF
BAYTOWN, TEXAS, a municipal corporation of Farris 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:
THAT, Contractor agrees as an independent contractor to
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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is
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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 van will be maintained
and serviced on a regular basis, not less than
weekly.
II
OPERATION
Contractor agrees that the van 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 van 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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0 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
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
INDEPENDENT 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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0 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
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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 and No /100
($500,000.00) combined single
limit.
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0 VIII
NON- DISCRIMINATION
The Contractor agrees that no person shall on the ground of
race, color, national origin or sex, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under, the transportation program that it operates
with funding from this agreement.
IX
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 /or the Community
Development Advisory Committee.
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TERM
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This Contract shall become effective
the 1st day of
October,
1989, and shall be in force and effect
for a period
of twelve
(12) months, terminating on the 30th day
of September,
1990, or
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until the City expends TWENTY -EIGHT THOUSAND EIGHT HUNDRED
TWENTY -SIX AND N01100 ($28,826.00) 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.
EXECUTED IN DUPLICATE ORIGINALS by the CITY OF BAYT'OWN and
BAYSHORE COMMUNITY DEVELOPMENT, INC., acting by and through their
duly constituted officers, this the day of ,
1989.
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
Secretary
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CITY OF BAYTOWN
BOBBY ROUNTREE, City Manager
BAYSHORE COMMUNITY DEVELOPMENT,
INC.
ALMA HADDICK, President
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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:
Bead of Household Under
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
No. in Household
1
2
3
4
5
6
7
8
9
10
B. Subsidies shall be paid for
following basis:
Annual Income
8,663.00
11,663.00
14,603.00
17,523.00
20,543.00
23,513.00
26,483.00
29,453.00
32,423.00
35,393.00
each one way trip on the
a) $4.00 per person for a trip within the
city limits of the City of Baytown
b) $6.00 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.
EXHIBIT A
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c) $12.00 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., Tuesday
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.
F. 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.
S(K.JiT A