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Ordinance No. 7,158941110 -4 ORDINANCE NO. 7158 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER • TO EXECUTE AND THE CITY CLERK TO ATTEST TO SEPARATE CONTRACTS WITH JOY HART, DOING BUSINESS AS RED TOP CAB COMPANY AND SAFEWAY CAB COMPANY, AND ROBERT KAPPLER, DOING BUSINESS AS TRI -CITY CAB FOR THE SENIOR CITIZEN TAXI PROGRAM; 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 separate contracts with Joy Hart, doing business as Red Top Cab Company and Safeway Cab Company, and Robert Kappler, doing business as Tri -City Cab for the Senior Citizen Taxi Program. A copy of said contracts are attached hereto, marked Exhibit "A" and Exhibit "B," 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 10th day of November, 1994. �9* ef G PETE C. ALFARO, Mayor ATTEST: S:!:� �- )e)' "-'e� EILEEN P. HALL, City Clerk APPROVED AS TO FORM: - — - - I— W/.., ACIO RAMIREZ R., City Attorney • kgaYmm Wwnmb"/11- 10-%awW0Ntaxi THE STATE OF TEXAS § § • COUNTY OF HARRIS § This CONTRACT AND AGREEMENT is made and entered into on this the day of , 19_, by and between the CITY OF BAYTOWN, TEXAS, a municipal corporation of Harris and Chambers Counties, Texas, hereinafter called "City," and JOY HART, doing business as RED TOP CAB COMPANY and SAFEWAY CAB COMPANY of Baytown, 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 determined that it is in the public interest for the City to offer transportation service for senior citizens and handicapped /disabled citizens for specific purposes pursuant to rules and regulations promulgated by the City and on file with the City Clerk; and WHEREAS, the City Council by action taken on the day of , 19_, adopted Ordinance No. , authorizing the City Manager to execute a contract with Contractor for transportation for elderly and handicapped /disabled persons; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, Contractor agrees as an independent contractor to furnish transportation for elderly and handicapped/ disabled persons in compliance with rules and regulations promulgated by the City (attached as Appendix A) , 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 elderly and handicapped/ disabled persons in compliance with the following requirements: EXHIBIT A (a) Contractor shall have and maintain taxicabs and drivers available twenty-four (24) hours daily for transportation of elderly and handicapped /disabled persons. (b) Contractor agrees that the taxicabs will be maintained at all times in accordance with the requirements of Chapter 29 of the Code of Ordinances of the City. II. OPERATION Contractor agrees that the taxicabs will be operated at all times in accordance with the requirements of the state and federal laws and applicable ordinances of the City. III. DISPATCHING Contractor shall have their own telephone number and receive all calls relating to this service. Calls received pursuant to this program shall be treated as any other fare and shall receive no preference or disfavor. IV. FARES As full compensation to the Contractor for operation of the above referred to transportation service, the City agrees to reimburse the Contractor for reduced rates and fares charged passengers participating in this program under the following conditions: (a) Contractor shall provide transportation at the standard rate to those elderly and handicapped /disabled persons enrolled in the program and shall adhere strictly to the rules and regulations • which have been promulgated and approved by the City. 2 (b) Contractor shall be reimbursed twice monthly. The City • will collect individual ride tickets on each Monday of each month. • Payment will be based on approximately one half month. Each check request shall be placed in the regular check writing process for payment. (c) The effective rate charged elderly and handicapped/ disabled program participants and City shall not exceed the normal cab fare as established in Chapter 29 of the Code of Ordinances as amended periodically. V. INDEPENDENT CONTRACTOR It is expressly agreed and understood by all parties hereto that 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 (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 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 operation of a vehicle utilized for the transportation of elderly and handicapped /disabled persons and all other operations arising under or otherwise incident to the provisions of this contract. 3 • Contractor hereby assumes all liability and responsibility for CJ 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 transportation of elderly and handicapped/ disabled persons and all other operations arising under or otherwise incident to the provisions of this contract. VII. INSURANCE The Contractor agrees to carry Personal Liability and Property Damage Insurance covering its operations and agrees to furnish the City, upon request, proof of minimum liability coverage of at least the amount required by the state of Texas for proof of financial responsibility. VIII. REVOCATION OF CONTRACT 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. This Contract is not transferrable without the expressed written consent of the City Council of the City of Baytown. This Contract and the services rendered pursuant to this Contract shall be subject to 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. 4 IX. • TERM This Contract shall become effective the 21st day of November, 1994, and shall be in force and effect for a period of approximately twelve (12) months, terminating on the 30th day of November, 1995, provided, however, that the City at its sole option may continue the contract until December 31, 1995. This Contract may be renewed for further twelve month 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 and applicable state and federal laws. EXECUTED IN DUPLICATE ORIGINALS by the CITY OF BAYTOWN and RED TOP CAB COMPANY and SAFEWAY CAB COMPANY, acting by and through their duly constituted President, JOY HART, this the day of , 19 ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: CITY OF BAYTOWN BOBBY ROUNTREE, City Manager • IGNACIO RAMIREZ, SR., City Attorney 5 0 ATTEST: Secretary ATTEST: Secretary hgal/contracVTAXisrCn'V2NShad • RED TOP CAB COMPANY JOY HART, President SAFEWAY CAB COMPANY JOY HART, President THE STATE OF TEXAS § • § COUNTY OF HARRIS § This CONTRACT AND AGREEMENT is made and entered into on this the day of r 19_, by and between the CITY OF BAYTOWN, TEXAS, a municipal, corporation of Harris and Chambers Counties, Texas, hereinafter called "City," and ROBERT KAPPLER, doing business as TRI -CITY CAB of Baytown, 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 determined that it is in the public interest for the City to offer transportation service for senior citizens and handicapped/ disabled citizens for specific purposes pursuant to rules and regulations promulgated by the City and on file with the City Clerk; and WHEREAS, the City Council by action taken on the day of , 19_, adopted Ordinance No. , authorizing the City Manager to execute a contract with Contractor for transportation for elderly and handicapped /disabled persons; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, Contractor agrees as an independent contractor to furnish transportation for elderly and handicapped/ disabled persons in compliance with rules and regulations promulgated by the City (attached as Appendix A), 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 elderly and handicapped /disabled persons in compliance with the following requirements: EXHIBIT B (a) Contractor shall have and maintain taxicabs and drivers • available twenty -four (24) hours daily for transportation of elderly and handicapped /disabled persons. (b) Contractor agrees that the taxicabs will be maintained at all times in accordance with the requirements of Chapter 29 of the Code of Ordinances of the City. II. OPERATION Contractor agrees that the taxicabs will be operated at all times in accordance with the requirements of the state and federal laws and applicable ordinances of the City. III. DISPATCHING Contractor shall have their own telephone number and receive all calls relating to this service. Calls received pursuant to this program shall be treated as any other fare and shall receive no preference or disfavor. MW FARES As full compensation to the Contractor for operation of the above referred to transportation service, the City agrees to reimburse the Contractor for reduced rates and fares charged passengers participating in this program under the following conditions: (a) Contractor shall provide transportation at the standard rate to those elderly and handicapped /disabled persons enrolled in the program and shall adhere strictly to the rules and regulations is which have been promulgated and approved by the City. 2 (b) Contractor shall be reimbursed twice monthly. The City • will collect individual ride tickets on each Monday of each month. • Payment will be based on approximately one half month. Each check request shall be placed in the regular check writing process for payment. (c) The effective rate charged elderly and handicapped/ disabled program participants and City shall not exceed the normal cab fare as established in Chapter 29 of the Code of Ordinances as amended periodically. V. INDEPENDENT CONTRACTOR It is expressly agreed and understood by all parties hereto that 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 (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 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 operation of a vehicle utilized for the transportation of elderly and handicapped /disabled persons and all other operations arising under or otherwise incident to the provisions of this contract. 3 • 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 transportation of elderly and handicapped/ disabled persons and all other operations arising under or otherwise incident to the provisions of this contract. VII. INSURANCE The Contractor agrees to carry Personal Liability and Property Damage Insurance covering its operations and agrees to furnish the City, upon request, proof of minimum liability coverage of at least the amount required by the state of Texas for proof of financial responsibility. VIII. REVOCATION OF CONTRACT 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. This Contract is not transferrable without the expressed written consent of the City Council of the City of Baytown. This Contract and the services rendered pursuant to this Contract shall be subject to 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. 4 • IX. TERM This Contract shall become effective the 21st day of November, 1994, and shall be in force and effect for a period of approximately twelve (12) months, terminating on the 30th day of November, 1995, provided, however, that the City at its sole option may continue the contract until December 31, 1995. This Contract may be renewed for further twelve month 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 and applicable state and federal laws. EXECUTED IN DUPLICATE ORIGINALS by the CITY OF BAYTOWN and TRI -CITY CAB, acting by and through their duly constituted President, ROBERT KAPPLER, this the day of , 19_ CITY OF BAYTOWN ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney 5 BOBBY ROUNTREE, City Manager