Ordinance No. 5,666901011 -12
ORDINANCE NO. 5666
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 AND PARK CLEANING; 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 authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to a contract
with Baytown Opportunity Center for thoroughfare litter pickup
and park cleaning. 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 and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 11th day of
October, 1990.
ATTEST.
EILEEN P. HALL, City Clerk
RANDALL B. STRONG, City 'A rney
C:1:55:8
•
ETT 0. HUTTO, Mayor
0
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 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
lifter 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 will collect bags
and dispose of them at Park Service Center.
II
This contract is to cover services to be rendered from
October 1, 1990, to September 30, 1991.
EX[HL"`7"
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 TWENTY -EIGHT THOUSAND TWO HUNDRED
FIFTY -FIVE AND N01100 ($28,255.00) DOLLARS to the CONTRACTOR for
the services rendered over the life of this contract.
III
In performance of the services agreed to herein, the
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 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 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 AND N01100 ($300,000.00) DOLLARS combined single
limit prior to receiving its first payment.
1990.
EXECUTED, this the day of ,
CITY OF BAYTOWN
BOBBY ROUNTREE, City Manager
40 - 3 -
ATTEST:
I 1
EILEEN P. HALL, City Clerk
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0
BAYTOWN OPPORTUNITY CENTER
By
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i
PARK CLEANUP 1 990 -91
I. LITTER P1CLUP
A. Wayne Gray Sports Complex- during the months of March through
September on the days Monday through Friday
B. Bicentennial Park special cleanup after duly 4th celebration
11. CLEANING
A. Wayne Gray Sports Complex restrooms near tennis courts during
months of March through September on the days of Monda
through Friday except from March through July there will be no
cleaning of the area around Fields E. F, and G and restroom in
the pressbox next to E. and F. (See diagram)
EX[ KE A