Ordinance No. 7,438u
951012 -7
ORDINANCE NO. 7438
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); MAKING OTHER
PROVISIONS RELATED THERETO; 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: That pursuant to the provisions of Texas Local
Government Code Annotated 9 252.048, the City Manager is hereby
granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTEEN THOUSAND AND N01100
DOLLARS ($15,000.00) or less, subject to the provision that the
original contract price may not be increased by more than
twenty -five (25 °s) or decreased by more than twenty -five (251)
percent without the consent of the contractor to such decrease.
Section 4: 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 12th day of October,
1995.
/& (I. eeelr*�
PETE C. ALFARO, Mayor
® ATTEST: '
f
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
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�EWACIO RAMIREZ, S ., City Attorney
legal /councilloctokr/ 10- 12- 95authMitter
.7
951012 -7a
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 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, Unidad Park, and
Jo Roosa 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
II
This contract is to cover services to be rendered from October
1, 1995, to September 30, 1996.
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.
V
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.
0 3
® 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
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.
F.7
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
1995.
BOBBY ROUNTREE, City Manager
5
ATTEST:
0
EILEEN P. HALL, City Clerk
IcgaVcontraas /BAYTO WNopptCTR
:7
BAYTOWN OPPORTUNITY CENTER
By
Ruby Pinson
Title
PARK CLEANUP 1995 -96
I. Litter Pickup
A. Wayne Gray Sports Complex - during the months of March
through August on the days Monday through Friday.
B. Bicentennial Park special cleanup after July 4th
Celebration,
II. Cleaning
A. Wayne Gray Sports Complex Main Pressbox restrooms and
restrooms near the tennis courts during the months of
March through August 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.
C. Jo Roosa Pavilion Restrooms - two days per week (Tuesday
and Thursday) during the months of October 1995 through
March 1996 and five days per week during the months of
April 1996 through September 1996.
*City of Baytown will provide all cleaning and janitorial supplies.
EXHIBIT "A"
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THOROUGHFARE LITTER PICKUP 1995/96
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
Bayway - Decker to Market
Cedar Bayou - from N. Main to McKinney
Decker - Garth to 201 Intersection
Emmett O. Hutto Boulevard
Garth Road
J.B. Lefevre - from Market St. to R.R. tracks
Lee - Gentry to W. Main
Market
Massey Tompkins
North Main - from Cedar Bayou past Republic of Texas Plaza
Park - Decker to Pruett
Rollingbrook
Texas - from Airhart to Tri City Beach Road
Tri City Beach Road - E. Texas to past the apartments
Ward Road - behind 10th and old Dairy Queen on S. side
LITTER WILL BE PICKED UP FROM THE FOLLOWING STREETS AT LEAST
QUARTERLY.
Sarkaloo - from Massey Tompkins to Baker
Birdsong - Garth to Edgebrook
Bob Smith
Ferry Road
Kilgore Road
Lynchburg Cedar Bayou -- from Garth to N. Main
McKinney - Bowie to Massey Tompkins
Raccoon Drive - from Massey Tompkins to Holloway Park
W. Main Bridge - area at both ends
• LITTER PICKUP AND PARK CLEANUP
FOR
CITY OF BAYTOWN
1995/96
A. Litter Pickup $28,000 (Annual)
B. Wayne Gray Sports Complex $ 3,074
(Designated Fields March - August)
C. Unidad Park $ 1,689
(Restrooms Only March - August)
D. Jo Roosa Pavilion $ 2,480
Restrooms
TOTAL $35,243
CITY OF BAYTOWN PARKS CLEANUP
EXHIBIT "B"
0
WAYNE GRAY SPORTS COMPLEX:
40 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. 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, 1996 through August 31,
1996,
JO ROOSA 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, 1995
through March 31, 1996, two days per week clean up (Tuesday
and Thursday) . From April 1, 1996 through September 30, 1996,
clean up Monday through Friday.
isIcgal /contracts /BayOPPctrcxhibits