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Ordinance No. 7,100940922 -7 ORDINANCE NO. 7100 • 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; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FIVE THOUSAND TWO HUNDRED FORTY -THREE AND N01100 DOLLARS ($35,243.00); 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 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 authorizes payment to Baytown Opportunity Center of the sum of THIRTY -FIVE THOUSAND TWO HUNDRED FORTY -THREE AND N01100 DOLLARS ($35,243.00), 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 22nd day of September, 1994. PETE C. ALFARO, Mayor ATTEST: 2&� le, zs;4� EILEEN P. LL, City Clerk APPROVED AS TO FORM: kov.,1,54 ACID QRAMTREZ, S . City Attorney • kgaYoa="- 22- %mdhnUa • 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 8 8 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, Unidad Park, and Goose Creek Pavilion Restrooms and to provide the necessary trash bags. Contractor will collect bags and dispose of them at Park Service Center. Contractor understands and agrees that the • services supplied by the Contractor under this contract shall be performed by mildly, moderately, or severely disabled persons. EXHIBIT A • 0 II This contract is to cover services to be rendered from October 1, 1994, to September 30, 1995. 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 THIRTY -FIVE THOUSAND TWO HUNDRED FORTY -THREE AND N01100 DOLLARS ($35,243.00) 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. 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. 2 0 V Cl Contractor covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the City, 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. It is the expressed intention of the parties hereto, both the Contractor and the City, that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect the City from the consequences of the City's own negligence, whether that negligence is the sole or a concurring cause of the injury, death or damage. 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. 3 i 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 DOLLARS ($250,000.00) and FIVE HUNDRED THOUSAND AND N01100 DOLLARS ($500,000.00) 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. VIII. Contractor shall not sell, assign, or transfer any of its rights or obligations under this contract in whole or in part • without prior written consent of City, nor shall Contractor assign 4 0 any monies due or to become due to it hereunder without the previous consent of the City. IX Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. r This contract shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris and Chambers Counties, Texas. XI All parties agree that should any provision of this contract be determined to be invalid or unenforceable, such determination shall not effect any other term of this contract, which shall continue in full force and effect. EXECUTED, this the day of CITY OF BAYTOWN . 1994. • BOBBY ROUNTREE, City Manager 5 11 PARK CLEANUP 1994 -95 I. Litter Pickup A. Wayne Gray Sports Complex - during the months of March through September on the days Monday through Friday. B. Bicentennial Park Celebration. II. Cleaning special cleanup after July 4th 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 September on the days of Monday through Friday. C. Goose Creek Park Pavilion Restrooms - three days per week (Tuesday, Wednesday and Thursday) during the months of October 1994 through February 1995 and five days per week during the months of March 1995 through September 1995. *City of Baytown will provide all cleaning and janitorial supplies. EXHIBIT A • O C J J W W tL 0 � J lt, W LL nW I c J W' LL. s- a d W J9 d W K F 4 Lli U � .N. ~ 2 cc EW" v 4 W cc z Y a 4 LL. O a J � W I J z LL W Y W LL 0. Q • O O N a W • THOROUGHFARE LITTER PICKUP 1994/95 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 Baker - North Main to Bayway 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 Emmett O. Hutto Boulevard 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 HL &P canal Brownwood - only parameter roads • • LITTER PICKUP AND PARK CLEANUP FOR CITY OF BAYTOWN 1994/95 A. Litter Pickup $28,000 (Annual) B. Wayne Gray Sports Complex $ 3,074 (Designated Fields March- September) C. Unidad Park $ 1,689 (Restrooms Only March - September) D. Goose Creek Stream Pavilion Restrooms $ 2,480 TOTAL $35,243 EXHIBIT B • 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. 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, 1995 through September 30, 1995. GOOSE CREEK STREAM PAVILION RESTROOMS: 1. Clean men and women restrooms - sweep, mop with disinfectant and clean sinks, urinals and commodes. Replenish paper towels and toilet tissue in both restrooms from October 1, 1994 through February 28, 1995, three days per week clean up (Tuesday, Wednesday, Thursday). From March 1, 1995 through September 30, 1995, clean up Monday through Friday. �.v�wB.yop.