Ordinance No. 8,707990923 -5
ORDINANCE NO. 8707
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
® TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
BAYTOWN OPPORTUNITY CENTER - FOR PARK CLEANING;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT
TWENTY - SEVEN_ THOUSAND THIRTY AND 73 /100.DOLLARS ($27,030.73);
MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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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 of the City of Baytown to execute and the City Clerk to attest to a contract
with Baytown Opportunity Center for 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 TWENTY -SEVEN THOUSAND THIRTY AND 73/100
DOLLARS ($27,030.73) pursuant to the contract.
Section 3: That the City Manager is hereby granted general authority to approve a
decrease or an increase in costs by FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00)
or less, provided that the amount authorized in Section 2 hereof may not be increased by more than
twenty -five percent (25 %).
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 23`d day of September, 1999.
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PETE C. ALFARO, ayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S ity Attorney
c:klh 1941CityCouncillOrdinances\ 3aytown0pportunityCenter .Annual.Ord 1999
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® THE STATE OF TEXAS §
CONTRACT
f
COUNTY OF HARRIS §
This contract ( "Agreement ") is made and entered into by and between the CITY OF
BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, hereinafter
called "City," and BAYTOWN OPPORTUNITY CENTER, a non - profit corporation of Harris
County, Texas, hereinafter called "Contractor."
WITNESSETH
WHEREAS, the Contractor was organized to provide opportunities for mentally handicapped
individuals; and
WHEREAS, the City has determined that a program to provide park cleaning is in the public
interest;
NOW THEREFORE, for and in consideration of the mutual covenants, contracts, and
benefits to both parties, the City and the Contractor hereby agree as follows:
I.
Services
The Contractor, as independent contractor, agrees to provide park cleaning services in certain
parks in Baytown, as detailed in Exhibit "A," which is attached hereto and incorporated herein for
all intents and purposes, 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, Roseland Park, and Jo Roosa Pavilion restrooms and
to provide the necessary trash bags. Contractor will collect bags and dispose of them at the Park
Service Center. Contractor understands and agrees that the services supplied by the Contractor under
this Agreement shall be performed by mildly, moderately, or severely disabled persons.
II.
Compensation
The City agrees to pay to Contractor, the amounts shown on Exhibit "B," which is attached
hereto and incorporated herein for all intents and purposes, for the various types of work as shown.
Such payments shall 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 TWENTY -SEVEN THOUSAND THIRTY AND
73/100 DOLLARS ($27, 030.73) to the Contractor for the services rendered during the term of this
contract.
Baytown Opportunity Center Contract, Page
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® III.
Compliance with Applicable Laws
The Contractor shall comply with all rules, regulations; and laws of the United States of
America, the State of Texas, and all laws, regulations and ordinances of the City of Baytown as they
now exist or may hereafter be enacted or amended.
IV.
Independent Contractor
. 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.
Indemnity
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.
In the event that any action or proceeding is brought against Owner by reason of any
of the above, Manager further agrees and covenants to defend the action or proceeding by
legal counsel acceptable to the Owner. The indemnity provision contained in this article shall
survive expiration or earlier termination of this Agreement.
VI.
Termination
The City, besides all other rights or remedies it may have, shall have the right to terminate
is this Agreement with or without cause upon ten (10) days' written notice from the City Manager to
the Contractor of the City's election to do so. Furthermore, the City may immediately and without
'Baytown Opportunity Center Contract, Page 2
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® notice terminate this Agreement if the Contractor breaches this Agreement. A breach of this
Agreement shall include, but not be limited to, the following:
1. failing to pay insurance premiums, claims or other. charges,... -
2. failing to pay any payments due the City, State or Federal Government from the
Contractor or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
3. the institution of voluntary or involuntary bankruptcy proceeding against the
Contractor;
4. the dissolution of the Contractor;
5. the violation of any provision of this Agreement; and/or
6. the abandonment of the Agreement or any portion thereof and discontinuance of the
Contractor's services or any portion thereof.
Upon delivery of any notice of termination required herein, the Contractor shall discontinue
all services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, the Contractor shall submit a final statement showing in detail the
services satisfactorily performed and all other appropriate documentation required herein for
payment of services.
VII.
Notice
. All notices required to be given hereunder shall be given in writing either by telecopier,
overnight, or facsimile transmission, certified or registered mail at the respective addresses of the
parties set forth herein or at such other address as may be designated in writing by either party.
Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the
following addresses:
CONTRACTOR
Baytown Opportunity Center
Attn. Executive Director
1507 W. Baker Road
Baytown, TX 77521
Fax: (281) 427 -0547
CITY
City of Baytown
® Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
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® VIII.
Time of the Essence
Both the Contractor and the City acknowledge that time is of the essence in this Agreement.
IX.
Insurance
Throughout the term of this Agreement, the Contractor at its own expense shall purchase,
maintain and keep in force and effect insurance against claims for injuries to or death of persons or
damages to property which may arise out of or result from the Contractor's operations and/or
performance of the work under this Agreement, whether such operations and/or performance be by
the Contractor, its agents, representatives, volunteers, employees or subcontractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts any of them may be
liable.
The Contractor's insurance coverage shall be primary insurance with respect to the City, its
officers, agents and employees. Any insurance or self - insurance maintained by the City, its officials,
agents and employees shall be considered in excess of the Contractor's insurance and shall not
contribute to it. Further, the Contractor shall include all subcontractors as additional insureds under
its commercial general liability policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated
herein.
The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
1. Commercial General Liability (CGL)
General Aggregate: $1,000,000
Personal & Advertising Injury: $500,000
Per Occurrence: $500,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. No coverage shall be excluded from standard policy without notification of
individual exclusions being attached for review and acceptance.
2. Business Automobile Policy (BAP)
Combined Single Limits: $500,000
OR
BI Per Person: $100,000,
BI Per Accident: $300,000,
PD Per Accident: $100,000
a. Coverage for "Any Auto."
3. Workers' Compensation: Statutory Limits
Employer's Liability: $500,000
a. Waiver of Subrogation Required.
Baytown Opportunity Center Contract, Page 4
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® Upon execution of this contract, Contractor shall file with the City valid certificates of
insurance and endorsements acceptable to the City. Such certificates shall contain a provision that
coverage afforded under. the policies will not be canceled, suspended, voided, or reduced until at
least thirty (30) days' prior written. notice has been given to the City via certified mail, return receipt
requested.
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The Contractor shall also file with the City valid certificates of insurance covering all
subcontractors.
The following are general requirements which are applicable to all policies:
1. AM Best Rating of A:VII or better.
2. Insurance carriers licensed and admitted to do business in State of Texas will be
accepted.
3. Liability policies will be on occurrence form.
4. City of Baytown, its officials and employees are to be added as Additional Insured
to liability policies.
5. Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage
shall be provided to City of Baytown's representative prior to execution of this
agreement.
6. Upon request of and without cost to City of Baytown, loss runs (claims listing) of any
and/or all insurance coverage shall be furnished to City of Baytown's representative.
X.
Assignment
Contractor shall not sell, assign, or transfer any of its rights or obligations under this
Agreement in whole or in part without prior written consent of the City, nor shall Contractor assign
any monies due or to become due to it hereunder without the previous consent of the City.
XI.
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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.
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XII.
Choice of Law and Venue
This Agreement 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.
XIII.
Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this contract, which shall
continue in full force and effect.
XIV.
Entire Agreement
This Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties. This Agreement
shall not be amended or modified without the express written consent of both parties hereto.
XV.
Ambiguities
In the event of any ambiguity in any of the terms of this contract, it shall not be construed
for or against any party hereto on the basis that such party did or did not author the same.
XVI.
Authori
The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party he /she represents.
EXECUTED, this the day of , 1999.
Baytown Opportunity Center Contract, Page 6
CITY OF BAYTOWN
MONTE MERCER, City Manager
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0 ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
Secretary
cAklh 1941 contractsl Baytown0pportunityCentcr .Agrccment1999
Baytown Opportunity Center Contract, Page 7
BAYTOWN OPPORTUNITY CENTER
BY P , Executive Director
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°" I. Litter Pickup
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PARK CLEANUP 1999 -00'
• Wayne Gray Sports Complex during the months of February through September on
Monday through Friday.
• Bicentennial Park special cleanup after July 4'" Celebration.
II. Cleaning
• Wayne Gray Sports Complex main pressbox restrooms, Field E & F pressbox restrooms, and
restrooms near the tennis courts during the months of February through September on the
days of Monday through Friday.
• Unidad Park restrooms during the months of February through September on the days of
Monday through Friday.
• Jo Roosa Pavilion Restrooms — five days per week during the months of October through
September. This cleaning shall include the cleaning and hosing of the concrete pavilion area.
• Roseland Park Restrooms -- five days per week during the months of February through
September.
WAYNE GRAY SPORTS COMPLEX:
Duties to be performed Monday through Friday between the hours of 9:00 a.m. and 3:00 p.m.,
weather permitting, with approval by the Parks and Recreation Department, (281) 420 -6597.
• Pick up litter in and around ballfields and empty trash barrels and wastebaskets in restrooms,
including bleachers and batters box.
• Clean restrooms — sweep, mop with disinfectant and clean sinks, urinals and commodes.
Replenish paper towels and toilet tissue in all restrooms.
• Pick up litter and empty trash barrels in entire park, including playground area, parking lot,
tennis courts and ditches.
• Take collected trash in tied trash liners to designated pickup area inside wooden fence near
entrance at garage adjacent to pool.
• Sweep up cigarette butts once weekly.
'City of Baytown will provide all cleaning and janitorial supplies.
EXHIBIT "A"
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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:
From Monday through Friday from February 1, 2000, through September 30, 2000,
• Clean men's and women's restrooms and pavilion — sweep, mop with disinfectant and
clean sinks, urinals and commodes; and
• Replenish paper towels and toilet tissue in both restrooms.
JO ROOSA PAVILION RESTROOMS AND PAVILION:
From October 1,1999, through September 30, 2000, Monday through Friday,
• Clean men's and women's restrooms — sweep, mop with disinfectant and clean sinks,
urinals and commodes;
• Replenish paper towels and toilet tissue in both restrooms; and
• Clean and hose off concrete in pavilion area.
ROSELAND PARK RESTROOMS:
• From February 1, 2000, through September 30, 2000, Monday through Friday,
Clean men's and women's restrooms — sweep, mop with disinfectant and clean sinks,
urinals and commodes; and
• Replenish paper towels and toilet tissue in both restrooms.
c:klh 194\ Contracts \Baytown0pportunityCentcr .Contract 1999
EXHIBIT "A"
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PARK CLEANUP
FOR
CITY OF BAYTOWN
1999 -2000
A.
Wayne Gray Sports Complex
$11,591.00
B.
Unidad Park
3,058.00
C.
Jo Roosa Pavilion Restrooms
8,325.60
D.
Bicentennial Park
1,093.13
E.
Roseland Park
2,963.00
TOTAL
$27;030:73,::
c:klh 1941
I* Contract s\ ExhibitB .Baytown0pportunityCenter 1999
EXHIBIT "B"
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