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Ordinance No. 6,442,",7A 921112 -18 ORDINANCE NO. 6442 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; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY THOUSAND THREE HUNDRED AND N01100 ($30,300.00) DOLLARS; 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: That the City Council of the City of Baytown hereby authorizes the payment of THIRTY THOUSAND THREE HUNDRED AND N01100 ($30,300.00) DOLLARS to the Baytown Opportunity Center as per the contract. Section 3: from and after Baytown. INTRODUCED, City Council of November, 1992. ATTEST: 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 MY ED LLE a or 7� Y EILEF.N P.. LL, City Clerk —� W ACIO RAMIREZ, R., City Attorney • legal /council /11- 12- 92AGREEboc THE STATE OF TEXAS § • § CONTRACT COUNTY OF HARRIS S 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 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, 1992, to September 30, 1993. EXHIBIT 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 be made Oy the 30th of the month following the month in which such pork was done. In no event will the CITY pay more than THIRTYiTHOUSAND THREE HUNDRED AND N01100 ($30,300.00) DOLLARS to the ONTRACTOR for the services rendered over the life of this contrac . III In performance of the service agreed to herein, the CONTRACTOR agrees to observe and s rictly comply with all the I 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 indep ndent contractor in its relationship to the City of Baytown. lothing herein contained at any time or in any manner shall be con trued 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. i i 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 Worker's 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 N0 1100 ($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 , 1992. ATTEST: EILEEN P. HALL, City Clerk legal /ccntractEAYcpptCTR I• CITY OF BAYTOWN BOBBY ROUNTREE, City Manager BAYTOWN OPPORTUNITY CENTER By Title • 14D PARK CLEANUP 1992 -93 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 the 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 pressbox 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. EXHIBIT A TOO rt m r G Cfw] �1le- IL �► i a m r 'R ..0 r m r .Q Q f � r • 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. 1. 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. Take 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. UNTDAD 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, 1993 through August 31, 1993. legal /coatractSOCexhibits • EXHIBIT A • LITTER PICKUP AND PARK CLEANUP FOR CITY OF BAYTOWN 1992/93 A. Litter Pickup $26,753 (Annual) B. Wayne Gray Sports Complex $ 2,299 (Designated Fields March - September) C. Unidad Park $ 1,248 (Restrooms Only March - August) TOTAL $30,300 -rtHiBIT B • THOROUGHFARE LITTER PICKUP 1992/93 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. 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 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 HUP canal Brownwood - only parameter roads