Res 174-82 10/5/1982RESOLUTION NO. //'t—
RESOLUTION APPROVING AND AUTHORIZING CITY MAN-
AGER TO EXECUTE CONTRACT WITH COMMUNITY COUNCIL
OF GREATER WICHITA FALLS, INC.
BE IT RESOLVED BY THE BOARD OF ALDERMEN 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. ,
if hereby approved, and the City Manager is authorized to execute the same
for the City of Wichita Falls.
PASSED AND APPROVED this the 5th day of October, 1982.
MAYOR
ATTEST:
Lvtei
City Jerk
Page 2 of 23 Pages
Agenda Item No. 11 .g.
Project Title: Community Council
Effective Date: October 1 , 1982
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, 1982, 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, 1983.
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, 1982 through September, 1983.
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 budget
attached hereto and incorporated herein by this reference and marked as
Exhibit B." Said budget, and any account set out therein, can be altered,
amended or modified as mutually agreeable between the two parties hereto so
that the full intent and purposes of this Contract can be carried out; upon
Page 3 of 23 Pages
Agenda Item No. ll .g.
2-
request by 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 or
purposes 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 THIRTY-FIVE
THOUSAND DOLLARS ($35,000) 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%) 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
Page 4 of 23 Pages
Agenda Item No. ll .g.
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
1982.
CITY OF WICHITA FALLS, TEXAS
BY:
Stuart A. Bach, 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
Page 5 of 23 Pages
Agenda Item No. 11 .g.
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.
Page 6 of 23 Pages
Agenda Item No. 11 .g.
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PART II
TERMS AND CONDITIONS
1. Restriction on Disbursement. No money under this Contract shall be dis-
bursed by the CONTRACTOR to any other contractor except pursuant to a written
agreement which incorporates the applicable Supplemental General Conditions and
unless the contractor 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 stipula-
tions 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,
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
compensation 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 amendments to
the Contract.
Page 9 of 23 Pages
Agenda Item No. 11 .g.
7
6. 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 thereto: PROVIDED ,
HOWEVER, that 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.
7 . 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 other-
wise 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. Information relating to personal and medical
data will be treated as confidential.
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. Additional Requirements. Unearned payments under this Contract
may be suspended or terminated upon refusal to accept any reasonable additional
condition that may be imposed by the CITY at any time.
Page 10 of 23 Pages
Agenda Item No. 11 .g.
3
f. Accounting. The CONTRACTOR shall establish and maintain on a
current basis an adequate accounting system on an accrual basis in accordance
with generally accepted accounting principles and standards.
g. Property Records. A record shall be maintained for each item of
nonexpendable property acquired under this Contract. Nonexpendable property
is property which will not be consumed or lose its identity by being incorporated
into another item of property, which costs One Hundred Dollars ($100.00) or more
per unit and is expected to have a useful life of one (1) year or more. Group-
ing of like items such as chairs, with an aggregate cost in excess of One
Hundred Dollars ($100. 00) , shall also be controlled and accounted for as nonexpend-
able property even though the cost of a single item is less than One Hundred Dollars
100.00). 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 or 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
at least annually.
At the conclusion of a project or activity provided hereunder, all
nonexpendable property acquired for the program shall revert to the CITY , unless
otherwise provided in the Contract.
8. Eligible and Ineligible Costs
a. Standards. All costs incurred must be reasonable and of a nature
which clearly relates to the specific purposes an d end p roduct of the Contract
under which the services are being performed. Care must be exercised by all
concerned in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs.
b. Eligible Costs. To be eligible for inclusion under this Contract,
costs must:
1. Be necessary and reasonable for proper and efficient execution
of the contractual requirements and in accordance with the approved budget.
Page 11 of 23 Pages
Agenda Item No. 11 .g.
L
4 -
2. Be in conformance with any limitations or exclusions in these
instructions, or other governing limitations.
3. Be no more liberal than policies, procedures and practices applied
uniformly to both federally assisted and other activities of the CONTRACTOR.
4. Be accorded consistent treatment through application of account-
ing policy and procedures approved and/or prescribed herein.
5. Be net of all applicable credits such as purchase discounts,
rebates or allowances, sales of publications or materials, or other income of
refunds.
6. Be in accordance with budgetary or other restriction of expense
established by CONTRACTOR.
7. Be fully documented.
8. Comply with policies governing administrative practices, includ-
ing policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits (health and hospitalization, retirement, etc. ) , vacation
and sick leave privileges, and travel. The policies shall be in writing and shall
be approved by the governing body of the CONTRACTOR.
c. Ineligible Costs. In addition to costs ineligible under the above
criteria, the following costs are specifically ineligible:
1. Bad Debt. Any losses arising from uncollectable accounts and
other claims and related costs.
2. Contingencies. Contributions to a contingency reserve or any
similar provision for unforeseen events.
3. Fines and Penalties. Costs resulting from violations of or failure
to comply with federal, state, and local laws and regulations.
4. Contributions and Donations.
5. Entert.ainment. Costs of amusements, social activities and inci-
dental costs, such as meals, beverages, lodgings, and gratuities, relating to
entertainment except for those reasonable expenses necessary to recruit employees
and conduct official business.
6. Interest and Other Financial Costs. Interest on borrowing
however represented) , bond discounts, cost of financing and refinancing opera-
tions and legal and professional fees paid in connection therewith.
7. Membership Expenses. Cost of membership in an organization
which devotes a substantial part of its activities to influencing legislation.
Page 12 of 23 Pages
Agenda Item No. 11 .g.
J -
8. Travel. Costs in excess of those normally allowed by the
CONTRACTOR. In any case, the difference in cost between first-class air accom-
modations and less-than-first-class air accommodations is not allowed except when
less-than-first-class air accommodations are not available and is so documented.
9. Meeting Attendance. Costs of attending meetings which are not
open for attendance on a non-segregated basis.
9. 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 be limited to 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 be limited to that paid for similar work in the labor
market in which the CONTRACTOR competes for the kinds of personal services
involved.
10. 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.
11. Identification of Documents. All reports, maps, signs, and other documents
completed as a part of this Contract, other than documents exclusively for internal
use within the CITY, shall contain the following information on the front cover of
title page (or in the case of maps or signs in an appropriate block) : This material
prepared in cooperation with the City of Wichita Falls, Texas, month and year of
preparation.
12 . Copyright. No report, maps, or other documents produced in whole or
in part under this Contract shall be subject to an application for copyright by or
on behalf of the CONTRACTOR.
13 . Patent Rights. In the event that any invention, improvement or discovery
may be conceived or first actually reduced to practice or any such contract, the
CONTRACTOR shall give prompt notice thereof to the CITY. Any such invention,
improvement, or discovery, together with all information, designs, specifications,
know-how, data patent rights, and findings in connections therewith which arose
or were developed in the course of the performance of this Contract or any sub-
contract hereunder, shall be made available to the public through the dedication,
assignment to the CITY , or other such means as the CITY shall determine.
Page 13 of 23 Pages
Agenda Item No. 11 .g.
6 -
14. 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 the CITY harmless with respect to damages arising
from any tort done in performing any of the work embraced by this Contract.
15. Civil Rights Act of 1964. The CONTRACTOR will carry out its work
under this Contract in a manner.which will permit full compliance by the Program
with Title VI of the Civil. Rights Act of 1964, as amended, so that no person shall,
on the ground of age, race, color, or national origin, be excluded from participa-
tion in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving financial assistance.
16. 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.
17. 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 United States Congress, the Texas State
Legislature or the Board of Aldermen of the City of Wichita Falls, Texas.
18. 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 age, 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 age, 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 age, race,
color, religion, sex, or national origin.
c) The CONTRACTOR will send to each Labor Union or representative
of workers with which he has a collective bargaining agreement or other contract
Page 14 of 23 Pages
Agenda Item No. 11 .g.
or understanding, a notice to be provided advising the commitments under this
section , and shall post copies of the notice in conspicuous places available to
the employees and applicants for employment.
with nondis-
crimination
In the event of the CONTRACTOR'S noncompliance v t
crimination clauses of this Contract or with any of the said rules, regulations or
orders, this Contract may be cancelled, terminated , or suspended in whole or
in part, and the CONTRACTOR may be declared ineligible for further contracts.
e ) The CONTRACTOR will cause the foregoing provisions to be inserted
in all subcontracts for any work covered by this Contract so that such provisions
will be binding upon each subcontractor, provided that the foregoing provisions
shall not apply to contracts or subcontracts for standard commercial supplies or
raw materials.1
19. Non-Segregated Facilities. The CONTRACTOR certifies that he does not
maintain or provide for his employees any segregated facilities at any of his
establishments, and that he does not permit his employees to perform their
services at any location, under his control, where segregated facilities are
maintained. The CONTRACTOR covenants that he will not maintain or provide for
his employees any segregated facilities at any of his establishments, and that he
will not permit his employees to perform their services at any location, under his
control, where segregated facilities are maintained. As used in this paragraph,
the term "segregated facilities" means any waiting rooms, work areas, restrooms
and washrooms, restaurants and other eating areas, time clock, locker room
and other storage or dressing areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in
effect segregated on the basis of age, race, color, creed, or national origin,
because of habit, local custom, or otherwise.
20. Renegotiation. This Contract shall be renegotiated in the event
alternate sources of funding become available during the term of the contractual
agreement.
21. Appendices. All attachments given reference to in this Contract and
all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
Page 15 of 23 Pages
Agenda Item No. 11 .g.