Ordinance No. 6,786930923 -13
ORDINANCE NO. 6786
• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH SAFEWAY VAN SERVICE TO PROVIDE TRANSPORTATION
SERVICES TO LOW INCOME CITIZENS OF BAYTOWN; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY —SIX
THOUSAND AND NO /100 DOLLARS ($26,000.00); 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 Safeway Van Service to provide transportation services to low
income citizens of Baytown. 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
authorizes payment to Safeway Van Service of the sum of
TWENTY -SIX THOUSAND AND N01100 DOLLARS ($26,000.00), pursuant to
the contract.
Section 3: 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 23rd day of
September, 1993.
PETE C. ALFARO, Mayor
ATTEST:
GUJI
LYN _ K_ RE, Deputy ffity Clerk
ACIO RAMIREZ, S ., City Attorney
• bt&Vcoaaro- xi- "&AW(KfcWgVAN
STATE OF TEXAS S
S
COUNTY OF HARRIS $
• This CONTRACT AND AGREEMENT is made and entered into on this
the day of , 1993, by and between the CITY OF
BAYTOWN# TEXAS, a municipal corporation of Harris and Chambers
Counties, Texas, hereinafter called "CITY," and SAFEWAY VAST
SERVICE, 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 SAFEWAY VAN SERVICE 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:
I
Contractor covenants and agrees to furnish transportation
. service for low income citizens in compliance with the following
requirements:
EXHIBIT A
(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 Citv
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.
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 Community Development Advisory
Committee and shall adhere strictly to the
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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.
kN
INDEPENDENT CONTRACTOR
It is expressly agreed and understood by all parties hereto
that SAFEWAY VAN SERVICE 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.
VI
INDEMNIFICATION AND ASSUMPTION OF LIABILITY
SAFEWAY VAN SERVICE 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.
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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
INBIIRANCB
Contractor agrees to carry Commercial General Liability
Insurance covering its operations 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 limits
and automobile liability insurance with Five Hundred Thousand and
No /100 ($500,000.00) combined single limits. Contractor also
agrees to list the City of Baytown as an Additional Insured on all
liability policies.
VIII
NON - DISCRIMINATION
The Contractor agrees that no person shall, on the grounds 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
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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
C7
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.
Kl
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This Contract shall become effective the 1st day of October,
1993, and shall be in force and effect for a period of twelve (12)
months, terminating on the 30th day of September, 1994, or until
the City expends TWENTY -SIX THOUSAND AND N01100 DOLLARS
($26,000.00) 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 BAYTOWN and
SAFEWAY VAN SERVICE, acting by and through their duly constituted
officers, this the day of , 1993.
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CITY OF BAYTOWN
BOBBY ROUNTREE, City Manager
• ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
Secretary
k9aUwoftCWSAFEWAYvmSERVXE
0
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BAFZWAY VAST BEAVICB
JOY ALFORD HART, DOING BUSINESS
AS SAFEWAY VAN SERVICE
0
A.
B.
APPBNDIZ A
RULES AND REGULATIONS
LOW INCOME CITIZEN TRAN8PORTATION PROGRAM
Transportation shall be provided to low income citizens of
Baytown who have been approved under the following annual
income guidelines:
1
6,825.00
2
9,165.00
3
11,505.00
4
13,845.00
5
16,185.00
6
17,525.00
7
20,865.00
8
23,205.00
9
25,545.00
10
27,885.00
Head of Household .,Over 60
No. in Household
1
2
3
4
5
6
7
8
9
10
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
Subsidies shall be paid for each one -way trip on the following
basis:
(a) The rate of fare for one or more passengers picked up
from the same point and delivered to a common destination
shall be one dollar and forty cents ($1.40) initial fare
and fifteen cents ($0.15) for each one - seventh (1/7)
mile. There shall be a limit of eight (8) trips per
person per month.
. (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.
•
(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 person 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 Safeway Van Service 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.
E. All low income citizens requesting transportation service
shall call Safeway Van Service to arrange transportation. The
driver's daily 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 Safeway Van Service shall be turned
into the City, and, upon verification by the City, payment
will be made to Safeway Van Service.
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