Ordinance No. 5,38611
E
il
891012-16
ORDINANCE NO. 5386
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH BAYTOWN OPPORTUNITY CENTER FOR THOROUGHFARF LITTER
PICKUP AND PARK CLEANING; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS®
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
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1"'F'TT C. H�UTTT-O, Mayor
FILE N P. HALL, City Clerk
RAND ALL B. STRONG,C Xy Attorney
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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 Earr-42 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 Citv Council of the City of Baytown has
determined that a program to provide litter pickup, and park
cleaning 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 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 wi-1-1 collect bags
and dispose of them at Park Service Center.
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This contract is to cover services to be rendered from
October 1, 1989, to September 30, 1990.
EM;,:r,ir'r A
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
following the month in
will the CITY pay more
FIFTY-FIVE AND N01100 ($2
the services rendered over
be made by the 30th of the month
which such work was done. In no event
than TWENTY-EIGHT THOUSAND TWO HUNDRED
3,255.00) DOLLARS to the CONTRACTOR for
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 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.
V
CONTRACTOR convenants and agrees to indemnify, and does
hereby indemnify, hold harmless and defend, the CITY OF BAYTOWNr
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
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• 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
HUNDRED THOUSAND A.ND NO 1100 ($300,000.00) DOLLARS combined single
limit prior to receiving its first payment.
EXECUTED, this the day of
s � �
CITY OF BAYTOWN
BOBBY ROUNTREE, City Manager
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0 ATTEST:
EILEEN P. HALL, City Clerk
BAYTOWN pPPORTUNITY CENTER
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7HOROUGHPARE LITTER PICCUP 1989/90
LITTER WILL BE PICKED UP FROM THE FOLLOWING STREETS AT LEAST ONCE
EACH MONTH. CITY WILL PROVIDE BAGS.
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
Cedar Bayou from N. Main to McKinney
*Danubina- every other month
*Deanne- every other month
Decker - Garth to Park
Ferry
Garth Road
*Garth and Baker intersection - twice each month
*Garth and Rollingbrook intersection, twice each month
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
Raccoon Drive - from Massey Tompkins to Holloway Park
Rollingbrook
*Tenth- every other month
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
Fr pans
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
*Brownwood - all streets
EXHIBIT A
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PAUX CLEANUP 89/90
I. LITTER PICKUP
A. Wayne Gray Sports Complex - during the months of April through
September on the days Monday through Friday
B. 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
EXH131T A
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1989 -90 BOC CONTRACT DETAIL
(All pickups are monthly unless otherwise noted)
A. LITTER PICKUP $26,106
See attached schedule. Includes
pickup of bags and disposal at Parks Barn
B. PARK CLEANUP 2,149
See attached. Service for 7 months
of the year
TOTAL 1989 -90 CONTRACT $28,255
E. MPS 13