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Ord 107-99 10/19/1999ORDINANCE NO. � -mac ORDINANCE APPROPRIATING $9,000 IN THE GENERAL FUND FOR OPERATING ASSISTANCE FOR THE BOYS AND GIRLS CLUBS OF WICHITA FALLS, INCORPORATED, DOING BUSINESS AS TEEN COURT, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FUNDING CONTRACT; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls has received a request for funding from the Boys and Girls Clubs of Wichita Falls, Incorporated, Doing Business as Teen Court; and WHEREAS, the City Council has reviewed this request and desires to provide financial assistance for the Teen Court Program; and WHEREAS, it is necessary to appropriate funds in the amount of $9,000 from the General Fund for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. There is hereby appropriated in the General Fund the amount of $9,000 for financial assistance to the Boys and Girls Clubs of Wichita Falls, Incorporated, Doing Business as Teen Court. SECTION 2. It is further ordained that the City Manager is authorized to enter into a funding contract with this agency to outline the terms and conditions for the use of the funds. SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 19th day of Ogtober 19 ATTEST: City Clerk MAYO CONTRACT WITH BOYS AND GIRLS CLUBS OF WICHITA FALLS, INCORPORATED This contract made and entered into this the day of October, 1999 by and between the City of Wichita Falls, Texas, hereinafter referred to as "City" and the Boys and Girls Clubs of Wichita Falls, Incorporated, Doing Business As Teen Court, hereinafter referred to as "Contractor." WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties do hereby agree as follows: 1. Scope of Services. The Contractor agrees to provide the following services in a satisfactory and proper manner as determined by the City: a. Promote the administration of justice by educating teens about the judicial system and law by providing an avenue of "hands on learning" while at the same time addressing the needs of first time juvenile offenders of non - violent Class C misdemeanors. b. Provide teen attorneys the legal education necessary in order for them to competently prepare their cases for the Teen Court. C. Provide teen attorneys a forum in which they can learn to function as litigators in the courtroom, much like law school students in mock trials. 1. Term of Contract. The term of this agreement shall be for the one -year period beginning October 1, 1999 and ending September 30, 2000, subject to satisfactory performance by the Contractor as outlined herein. 3. Compensation. The City agrees to reimburse the Contractor for expenses associated with the scope of services a maximum amount of Nine Thousand Dollars ($9,000), which shall constitute full compensation for the Contractor's services and expenses incurred under this contract. 4. Method of Payment. Payment to the Contractor shall be made in four equal payments of Two Thousand Two Hundred Fifty Dollars ($2,250) per quarter from October 1999 through September 2000. Payments shall be processed quarterly upon receipt of a request for payment. 5. Budget. In performing the services called for under the provisions of this contract, the Contractor shall conform his expenditures to an approved budget. Said budget and any account, set out herein can be altered, amended or modified as mutually agreeable between the two parties hereto so that the full intent and purpose of this contract can be carried out. Upon request of the Contractor, line item changes may be made in the budget referred to herein without further City Council action if approved by the City Manager; provided, however, no such change may alter the intent of purpose of this contract without further approval by the City Council of the City. In no event shall the City be required to pay more than Nine Thousand Dollars ($9,000) to the Contractor under the terms of this contract. 6. Contractor's Contribution. In the event that the total sum to be paid by the City to the Contractor under the terms of this agreement is not sufficient for the Contractor to continue performance of his obligations hereunder until termination date hereof, the Contractor shall contribute sufficient funds for continued performance to fulfill terms of the contract. 7. Refund. At the termination date hereof, the Contractor shall pay to the City any sums paid to the Contractor by the City which have not been expended or committed as budgeted. 8. Financial Reports. A budget report, to contain such reasonable financial information and data as the City deems necessary, shall be submitted to the City by the Contractor annually or at the specific request of the City Manager or his representative. 9. Future Funding. The funding of this project in no way commits the City to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the Contractor. 10. Restriction on Disbursement. No funds under this contract shall be disbursed by the Contractor to any other party nor shall any of the work or services covered by this contract be subcontracted without the prior written approval of the City. 11. Termination of The Contract. This agreement shall continue in full force and effect until the expiration of the term set forth above. If either party fails to fulfill their obligations under this contract in a timely and proper manner, the other party shall have the right to terminate this contract for cause. Written notice stating the grounds for termination will be given the other party, not less than thirty (30) days prior to the effective date of such termination. If either party to the contract should desire to terminate the contract prior to the date of expiration, they may do so by giving written notice to the other party not less than sixty (60) days prior to the intended termination date. Upon termination of this contract, all future obligations are hereby extinguished. The Contractor shall be entitled to receive just and equitable compensation from the City for any satisfactory work completed prior to the termination. The Contractor will refund any unearned funds advanced by or received from the City. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contractor. The City may withhold any payments due the Contractor for the purposes of setoff until such time as the exact amount of damages due the City from the Contractor are determined. 12. Changes. The City may, from time to time, request changes in the Scope of Services of the contract as may be mutually agreed to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to the contract. 13. Assignability. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the City. However, claims for money due or to become due to the Contractor from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 14. Records. a. Establishment and Maintenance of Records. The Contractor shall establish and maintain records in accordance with requirements prescribed by the City, with respect to all matters covered by this contract. Except as otherwise authorized by the City, the Contractor shall retain such records for a period of three years after receipt of the final payment under this contract or termination of this contract b. Documentation of Costs. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders, and /or any other accounting documents. Any of the above related in whole or in part to this contract shall be clearly identified and readily accessible. c. Reports and Information. The Contractor at such time and in such forms as the City may require, shall furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this contract. All of the reports, information, data and other related materials, prepared or assembled by the Contractor under this contract are confidential and shall not be made available to anyone without the prior written approval of the Contractor. Information restricted by law or Contractor policy and relating to personal, medical and financial data will be treated as confidential and will not be released by the City except as may be required pursuant to Texas Government Code Chapter 552 and any amendments thereto. d. Audits and Inspections. The Contractor shall at any time during normal business hours and as often as the City may deem necessary, make available to the City for examination all of its records and data with respect to all matters covered by this contract and shall permit the City or its designated authorized representative to audit and inspect all invoices, materials, payrolls, records of personnel conditions of employment and other data relating to all matters covered by this contract. Contractor shall furnish to the City a certified audit report of the expenses pertaining to this contract upon completion. e. Accounting. The Contractor shall establish and maintain on a current basis an adequate accounting system on an accrual or other accounting basis in accordance with generally accepted accounting principles and standards. 15. Limitation on Compensation for Personal Services. Compensation for personal services includes, but is not limited to, wages, salaries, and supplementary compensation and benefits. Compensation for employees of the Contractor shall not exceed that paid for similar work paid by the City. In cases where the kinds of personal services provided have no counterpart in local governmental agencies, compensation shall not exceed that paid for similar work in the labor market in which the Contractor competes for the kinds of personal services involved or the compensation level established by the Contractor's primary funding source. 16. Interest of City and Others. No officer, or employee of the City and no members of its governing body of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decisions relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. 17. Compliance with Local Laws. The Contractor shall comply with applicable laws, ordinances, and codes of the State and local governments and the Contractor shall save and hold harmless the City with respect to damages arising from any tort committed in performing any of the work embraced by this contract. 18. Political Actives Prohibited. None of the funds, materials, property or services provided directly or indirectly under this contract shall be used in the performance of this contract for any partisan political activity. 19. Lobbying Prohibited. None of the funds provided under this contract shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before any governmental entity. 20. Equal Employment Opportunity. During the performance of this contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other terms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to all employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of its employees as the City may require. 21. Renegotiation. This contract may be renegotiated at the request of either party in the event alternate sources of funding become available during the term of the contractual agreement. The Contractor must notify the City of all occurrences where alternate funding becomes available. 22. Liability Insurance. The Contractor shall maintain during the term of this contract liability insurance in the amount of $250,000 for bodily injury or death to any individual and in the amount of $500,000 for any single occurrence for bodily injury or death. Liability insurance for injury or destruction to property shall also be maintained in the amount of $100,000. The City shall be named as a co- insured and a certificate of insurance evidencing the above liability limits shall be furnished and kept on file with the City Clerk during the duration of this agreement. Such liability policy shall further provide that in the event the insurance is canceled for any reason that the City shall be immediately notified of the intent to terminate coverage by the insurance provider. This agreement made and entered into the day of October 1999. CITY OF WICHITA FALLS, TEXAS BY: James Berzina, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney BOYS AND GIRLS CLUBS OF WICHITA FALLS, INCORPORATED Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA 1050571 _ Paste Clipping Here ORDINANCE NO. 106-99 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX IN- (R F) FUND IAN THE On this 8TH day of November, 1999.A.D. personally appeared before AMOUNT NOT TO EX- CEED $5,625.00 T O me, the undersigned authority, Saundra Barnett, bookkeeper for the RICHMONDCONDO- MINI T 1 O N A EXTERADDI- IOR R Times Publishing Company of Wichita Falls, publishers of the I MPROVEMENTSAT 1000 TENTH STREET Wichita Falls Times/Record News, a newspaper published at Wichita (FORMERLY WILLIAM & MARY APTS.); DE- Falls in Wichita County, Texas, and upon being duly sworn by me, on TERMINING THAT THE MEETING AT WHICH T H 1 S O R D I- oath states that the attached advertisement is a true and correct copy of PASSED WAS `o ENS TO THE advertising published in ONE (1) issues thereof on the following PUBLIC AS REQUIRED BY LAW. dates: November 7th, 1999. ORDINANCE NO. 107-99 ORDINANCE APPRO. PRIATING $9,000 IN THE GENERAL FUND FOR OPERATING AS. S I S T A N C E FOR THE BOYS AND GIRLS Bookkeeper for the Times Publishing CLUBS OF WICHITA Company of Wichita Falls FALLS, INCORPORAT- ED DOING BUSINESS AS TEEN COURT, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FUND- ING CONTRACT; DE- THE MI E E TIN G AT Subscribed and sworn to before me this the day and year first above written: WHICH THIS ORDI- NANCE WAS PASSED _ WAS OPEN TO THE PUBLIC AS REQUIRED BYLAW. 7 ORDINANCE NO. 108-99 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REV- ENUE FUND FOR AD- DITIONAL GRANT REVENUE RECEIVED FROM TEXAS DE- A1410 PARTME NT OF�rt�� HEALTH; DETERMIN- F�ti�,(� ING THAT THE MEET- / ,� �, L`y ING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW. ORDINANCE NO.109 -99 ORDINANCE TO AMEND SECTION 15 -127 OF THE CODE OF ORDINANCES WHICH CLASSIFIES THE NUMBER OF DESIGNATED CIVIL SERVICE POSITIONS IN THE WICHITA FALLS FIRE DEPART- MENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDI- NANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.