Ordinance No. 6,061911022 -16
ORDINANCE N0. 6061
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH THE 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 the Baytown Opportunity Center for thoroughfare litter
pickup and park cleaning. 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 and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 22nd day of
October, 1991.
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ATTEST:
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EILEEN P. LL, City Clerk
(-±G' ACIO RAMIREZ, SR. 1 City Attorney
C:1:75:4
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 - prof it 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
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
Unidad Park and to provide the necessary trash bags. 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, 1991, to September 30, 1992.
Wig A
The CITY agrees to pay to the BAYTOWN OPPORTUNITY CENTER,
the amounts shown on Exhibit OBO 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 -NINE THOUSAND FOUR HUNDRED AND
N01100 ($29,400.00) 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.
W
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
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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 Worker0s Compensation, General
Liability and Property Damage Insurance covering its operations
and agrees to furnish the CITY proof of minimum liability
coverage limits of TWO HUNDRED FIFTY THOUSAND AND N01100
($250,000.00) DOLLARS and FIVE HUNDRED THOUSAND AND N01100
($500,000.00) DOLLARS separate sublimits. The City of Baytown
shall be name as an Additional Insured on said policies of
insurance, as its interests may appear. Contractor shall provide
the City with a Certificate of Insurance evidencing said coverage
prior to initiation of contracted services. Contractor agrees to
maintain said coverages of insurance. Contractor shall notify
the City within twenty -four (24) hours of any lapse or change of
coverage or in the identity of the insurance carrier during the
contract period. In the event that the Contractor receives an
order for modifications of any contracted services Contractor
shall provide proof of insurance coverage as outlined in this
Agreement. If the insurance policy is on a claims made basis,
the Contractor agrees to make reasonable efforts to obtain an
unlimited reporting endorsement from their insurance carrier upon
nonrenewal or expiration of the policy.
EXECUTED, this the day of
1991.
ATTEST:
EILEEN P. HALL, City Clerk
5:5:10:1
BOBBY ROUNTREE, City Manager
BAYTOWN OPPORTUNITY CENTER
By
Title
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EXHIBIT "A"
THOROUGHFARE LITTER PICKUP 1991/92
LITTER WILL BE PICKED UP FROM THE FOLLOWING STREETS AT LEAST ONCE EACH MONTH.
CITY WILL PROVIDE BAGS.
Airhart
Alexander - from 146 to S. Main
Barkaloo - from Massey Tompkins to Baker
Bayway - Decker to Market
Birdsong - Garth to Edgebrook
Bob Smith
Cedar Bayou - from N. Main to McKinney
Decker -- Garth to 201 intersection
Ferry Road
Garth Road
J.B.Lefevre - from Market St. to R.R. tracks
Kilgore
Lee - Gentry to S. Main
Lynchburg Cedar Bayou - from Garth to N. Mann
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
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 - behind 10th and old Dairy Queen on S. side
LITTER WILL BE PICKED UP FROM THE FOLLOWING STREETS AT LEAST TWICE EACH MONTH.
Garth and Baker intersection
Garth and Rollingbrook intersection
LITTER WILL BE PICKED UP FROM THE FOLLOWING STREETS AT LEAST EVERY OTHER MONTH
Danubina
Deanne
Tenth
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 - only parameter roads
EXHIBIT "B"
PARK CLEANUP 1991 -92
I. LITTER PICKUP
A. Wayne Gray Sports Complex - during the months of March 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 near tennis courts during
months of March through September on the days of Monday 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 press -
box next to E and F (see diagram).
B. Unidad Park restrooms during the months of March through August
on the days of Monday through Friday.
* City of Baytown will provide all cleaning and janitorial supplies.
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A
Litter Pick --Up and Park Clean -Up
For
City of Baytown
1991 -92
A. Litter Pick -Up
B. Wayne Gray Sports Complex
(Designated Fields March- September)
C. Unidad Park
(Restrooms Only March- August)
TOTAL
$25,105 (Annual)
$ 2,149
$ 1,145
$ 29,400
CITY OF BAYTOWN PARKS CLEANUP
WAYNE GRAY SPORTS COMPLEX
Duties to be performed Monday through Friday between the hours of 10:00 a.m.
and 3:00 p.m., weather permitting, with approval by the Parks and Recreation
Department, 420 -6597.
I. Pick up litter in and around ballfields and empty trash barrels and
wastebaskets in restrooms, including bleachers and batters box, except
the ballfield and bleachers on Fields E, F and G during the months of
March through July.
2. Clean restrooms - sweep, mop with disinfectant and clean sinks, urinals
and commodes. Replenish paper towels and toilet tissue in all restrooms,
except those located in E & F Pressbox from March through July.
3. Pick up litter and empty trash barrels in entire park, including
playground area, parking lot, tennis courts and ditches, except around
Fields E, F and G during March through July.
4. -Fake collected trash in tied trash liners to designated pickup area
inside wooden fence near entrance at garage adjacent to pool.
5. Sweep up cigarette butts once weekly.
Baytown Opportunity Center shall provide manpower and supervision to complete
duties. Cleaning materials, including brooms, mops and bucket, disinfectant,
bowl cleaner, paper towels, toilet paper and large trash liners shall be
provided by the City of Baytown.
UNIDAD RESTROOMS
1. Clean men and womens restrooms and pavilion - sweep, mop with
disinfectant and clean sinks, urinals and commodes. Replenish paper
towels and toilet tissue in both restrooms Monday through Friday from
March 1, 1992 through August 31, 1992.