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Res 190-83 10/4/1983ly RESOLUTION NO. »-4 RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH COMMUNITY COUNCIL OF GREATER WICHITA FALLS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and the Community Council of Greater Wichita Falls, Inc. , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 4th day of October, 1983. MA' SR ATTEST: City Clerk Project Title: Community Council Effective Date : October 1 . 1983 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA PART I AGREEMENT This AGREEMENT entered into as of the 1st day of October, 1983, by and between the City of Wichita Falls, Texas (hereinafter called the "CITY) and the Community Council of Greater Wichita Falls, Inc. (hereinafter called the CONTRACTOR") . WITNESSETH: WHEREAS, the CITY desires to engage the CONTRACTOR to render certain services in connection therewith. NOW, THEREFORE, the parties hereto mutually agree as follows: 1 . Scope of Services. The CONTRACTOR shall perform services in a satisfactory and proper manner as determined by the CITY and as outlined per Exhibit A. 2. Time of Performance. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this contract and shall be undertaken in the light of the purposes of this contract; but, in any event, this contract shall terminate on September 30, 1984. 3. Compensation. The CITY agrees to pay to the CONTRACTOR a maximum amount of Thirty-Five Thousand Dollars ($35,000) which shall constitute full and complete compensation for CONTRACTOR'S services and expenses incurred under this Contract. Such sum shall be paid to CONTRACTOR as set out below. 4. Method of Payment. Payments shall be made in four equal payments of up to $8,750 per quarter from October, 1983 through September, 1984. Payments shall be processed quarterly upon receipt of a request for payment. 5. Budget. In performing the services called for under the provisions of the Contract, CONTRACTOR shall conform his expenditures to the approved budget. Said budget, and any account set out therein, can be altered, amended or modified as mutually agreeable between the two parties here so that the full intent and purposes of this Contract can be carried out; upon request by the CCN T :;CT ,:.. referred to Herein ;without Th•_ :r;. , , City Manager; provided, however, ho s;,;c ht nt or purposes of this Contract '.ui thous further approval av the Council of thy_ CITY. In no event shill the CITY be required to pay !lore than THIRTY-FIV'E THOUSAND DOLLARS (S35 ,000) to 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, CONTRACTOR shall provide sufficient funds , whether from its own or other non-City sources , for continued per- formance to fulfill the terms of this Contract. 7. Refund. At the termination date hereof, CONTRACTOR shall pay to the CITY any sums paid to the CONTRACTOR by the CITY which have not been expended or committed as budgeted, or, upon approval of the CITY and as provided for under subsequent contracts or arrangements , may apply such budget balances to such future fundings as may be provided by the CITY. 8. Property. Upon termination of the programs provided by CONTRACTOR, however brought about, any and all non-expendable equipment, supplies or other items purchased by CONTRACTOR with funds paid by or to CONTRACTOR under the terms hereof shall become the property of the CITY. 9. Terms and Conditions and Labor Standard Provisions . This Contract or agreement is subject to and incorporates the provisions_attached hereto as "Part II - Terms and Conditions ." 10. Fidelity Bonding. All persons employed by CONTRACTOR who will handle funds received or disbursed under this Contract shall as a minimum be covered by fidelity bond in the amount of ten percent (10;x) of the funds provided or FIFTY THOUSAND DOLLARS ($50,000) , whichever is more. A certificate, assuring all persons handling funds received or disbursed under this Contract are properly bonded, shall be forwarded to the CITY prior to the initial disbursement of funds to CONTRACTOR. If the bond or bonds pro- vided herein are cancelled or reduced, the CONTRACTOR shall immediately notify the CITY. In that event, the CITY shall not make any further dis- bursements to CONTRACTOR until adequate bonding has been obtained. 11 . Financial Reports . A budget report, to contain such reasonable financial information and data as CITY deems necessary, shall be submitted 3- to the CITY by the CONTRACTOR monthly. 12. Program Improvements. The CONTRACTOR agrees , whenever feasible and practicable, to consider such measures as may improve the economy and efficiency of the services, programs and activities provided hereunder. The CONTRACTOR agrees to cooperate with the CITY or its designated agent in such analyses, plans and studies as may be undertaken in pursuit of improved economy and efficiency of operation. 13. Future Funding. The funding of this Contract in no way commits the CITY to future funding beyond the current Contract period. Any future funding is solely the responsibility of the CONTRACTOR. IN WITNESS WHEREOF, the CITY and COMMUNITY COUNCIL OF GREATER WICHITA FALLS have hereunto set our hands on the day of 1983. CITY OF WICHITA FALLS, TEXAS BY: James Berzina, City Manager ATTEST: Wilma J. Thomas, City Clerk COMMUNITY COUNCIL OF GREATER WICHITA FALLS, INC. BY: APPROVED AS TO LEGALITY AND FORM: H. P. Hodge, Jr. , City Attorney EXHIBIT A The Contractor agrees, at a minimum, to provide the following services : 1 . To continue to maintain and update an inventory or data bank of social services provided and social service agencies operating in Wichita Falls . 2. To continue to provide, as funds and circumstances permit, intake and referral services for social service users and providers . 3. To continue to provide, as funds and circumstances permit, a service for the recruitment and utilization of volunteers. 4. To evaluate and monitor such social service programs and contracts as may be designated by the City. 5. To prepare or assist in the preparation of such plans, reports, studies, surveys and similar tasks as may reasonably be requested by the City. 6. To continue to coordinate the Leadership Wichita Falls Program. DART : I TERMS AND CONDITIONS 1 . Restriction on Disbursement. No money under this Contract shall be disbursed by the CONTRACTOR to any party except pursuant to a written contract which incorporates the applicable Supplemental General Conditions and unless the party receiving the disbursement is in compliance with requirements with regard to accounting and fiscal matters to the extent that are applicable. 2. Termination of Contract for Cause. If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants , agreements or stipulations of this Contract, the CITY shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of termination. In such event, all finished or unfinished documents , data, studies, surveys, drawings, maps , models, photographs, and reports prepared by the CONTRACTOR under this Contract shall , at the option of the CITY, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensa- tion for any work satisfactorily completed hereunder. 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 Contract by the CONTRACTOR, and the CITY may withhold any payments to the CONTRACTOR as determined. 3. Termination for Convenience of CITY. The CITY may terminate the Contract at any time by giving at least thirty (30) days notice in writing to the CONTRACTOR. If the Contract is terminated by the CITY as provided herein the CONTRACTOR will be paid an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of the CONTRACTOR covered by this Contract, less payments of compensation previously made. . 4. Changes. The CITY may, from time to time, request changes in the Scope of Services of the CONTRACTOR 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 amendements to the Contract. 5. 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 tne prior .;r, t en HOWEVER, that claims for money due or to oecome due _ one CONTR,ACTOP from tne CITY under this Contract may be assigned to a bank , -rust company, or other financial institution without such approval . Notice of any such assignment or transfer shall be furnished promptly to the CITY. 6. 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 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 pertaining 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 confi- dential and shall not be made available to anyone without the prior written approval of the CITY. 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 to the CITY. 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. 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 . or novation) without toe prior written consenr,nere- HOWEVER, that claims for money due or to eecome due to -ie 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. 6. 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 pertaining 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 confi- dential and shall not be made available to anyone without the prior written approval of the CITY. 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 to the CITY. 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. 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 . Pronerty '° e roc a n ra for acn i er off. ronert,, ecor s . r °• 1 , i ,a _d it pm o nonexpendable property acquired for -ne program. ;+onexeendable _property is property which will not be consumed or lose its identity by being incorporated into another item of property, which costs Two Hundred Dollars (5200 .00) or more per unit and is expected to have a useful life of one (1 ) year or more. Grouping of like items such as chairs, with an aggregate cost in excess of Two Hundred Dollars ($200.00) shall also be controlled and accounted for as nonexpendable property even though the cost of a single item is less than Two Hundred Dollars 200.00) . The record shall include: 1 . Description of the item of property, including model and serial number, if applicable. 2. Date of acquisition. 3. The acquisition cost of assigned value to the program. It shall also include information as to whether the item or property was new or used at time of acquisition. The aggregate of the individual cost shown on the record cards shall equal the balance in the subsidiary cost account for nonexpendable property. A physical inventory shall be taken and reconciled with the record card annually. 7. Limitation on Compensation for Personal Services . Compensation for personal services includes, but is not limited to, wages, salaries, and supple- mentary 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. 8. Interest of Members of CITY. No member of the governing body of the CITY, and no other office, employee, or agent of the CITY shall have any personal financial interest, direct or indirect, in this Contract; and the CONTRACTOR shall take appropriate steps to assure compliance. 9. Interest of Other Local Public Officials . No member of the governing body of the locality and no other public official of such locality shall have any personal financial interest, direct or indirect, in this Contract; and the CONTRACTOR shall take appropriate steps to assure compliance. 10. Compliance with Local Laws . The 1SST`ACT2h Snali ;;ombly with aeclicable 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. 11 . Political Activity 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. 12. 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 the Congress . 13. 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, sect, 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. 14. 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. CONTRACTOR must notify CITY of all occurrences where alternate funding becomes available.