Res 189-82 10/19/1982RESOLUTION NO. /!y_0
RESOLUTION APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH
THE COMMUNITY ACTION CORPORATION CON-
CERNING NEIGHBORHOOD ACTION GROUPS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
That certain contract, a copy of which is attached hereto, between the
City of Wichita Falls and the Community Action Corporation of Wichita Falls and
North Texas Area, concerning the City's funding support of neighborhood action
groups, is hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
PASSED AND APPROVED this the 19th day of October, 1982.
MAYOR
ATTEST:
City Clerk
Page 2 of 20 Pages
Agenda Item No. 11. f.
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 Action Corporation of Wichita Falls and North
Texas Area (hereinafter called "CONTRACTOR") .
W I T N E S S E T H
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 purpose 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 TWENTY-FOUR THOUSAND DOLLARS ($24,000) 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 three installments
with equal amounts being provided to each of six neighborhood action groups
as follows:
October 1 , January 1 , April 1 ,
1982 1983 1983
A. East Lynwood Neighborhood Action Group 2,000.00 1 ,000.00 1 ,000.00
B. Scotland Neighborhood Action Group 2,000.00 1 ,000.00 1 ,000.00
C. Eastside #1 Neighborhood Action Group 2,000.00 1 ,000.00 1 ,000.00
D. Eastside #2 Neighborhood Action Group 2,000.00 1 ,000.00 1 ,000.00
E. Northside Area Neighborhood Action Group 2,000.00 1 ,000.00 1 ,000.00
F. Southside Neighborhood Action Group 2,000.00 1 ,000.00 1 ,000.00
Page 3 of 20 Pages
R.genda Item No. 11. f.
5. Budget. In the disbursement of the above funds to the listed
neighborhood action groups, CONTRACTOR shall :
A. Establish a budget/expenditure record sheet for each
neighborhood action group, make detailed postings for each ex-
penditure and maintain a running daily balance for each record
sheet.
B. Allow only those expenditures which conform with the applicable
neighborhood action group budget as attached hereto as Exhibit B
and which have been pre-authorized (prior to purchase or commit-
ment) by a purchase requisition signed by the action group chair-
person or a duly designated representative of the action group.
C. Not reallocate or transfer any of the funds contained in the
neighborhood action group budgets without first obtaining the
written approval of the chairperson or a designated representative
of the affected group and the approval of the City Manager.
In no case, however, shall funds be budgeted or used for purposes
other than those stated in Exhibit A.
D. Credit (for possible future expenditure) to the respective neigh-
borhood action group budgets any interest earnings gained through
the deposit of funds provided herewith, in interest bearing accounts,
with such credits being provided in proportion to the amount
deposited in behalf of a particular neighborhood action group.
Contractor shall maintain appropriate records of any such credits
and interest bearing accounts.
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 contribute suffi-
cient funds for continued performance to fulfill terms of the Contract.
7. Terms and Conditions . This Contract or agreement is subject to
and incorporates the provisions attached hereto as "Part II - Terms and
Conditions ."
8. Fidelity Bonding. All persons employed by Contractor who will handle
funds received or disbursed under this contract shall as a minimum be covered
by a fidelity bond in the amount of ten percent (10%) of funds or
TWENTY-FOUR HUNDRED DOLLARS ($2,400) , whichever is more. A statement
Page 4 of 20 Pages
Agenda Item No. 11. f.
assuring all persons handling funds received or disbursed under this Contract
shall be forwarded to the CITY prior to the initial disbursement of funds
to CONTRACTOR. If the bond or bonds provided herein are cancelled or re-
duced, the CONTRACTOR shall immediately notify the CITY. In the event,
the CITY shall not make any further disbursement to CONTRACTOR until adequate
bonding has been obtained.
9. Financial Reports. A budget report, to contain such reasonable
financial information and data as CITY deems necessary, shall be submitted to
the CITY by the CONTRACTOR monthly.
10. 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 im-
proved economy and efficiency of operation.
X11 . 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.
IN WITNESS WHEREOF, the CITY and the COMMUNITY ACTION CORPORATION OF
WICHITA FALLS AND NORTH TEXAS AREA 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
APPROVED AS TO FORM:
COMMUNITY ACTION CORPORATION OF WICHITA
FALLS AND NORTH TEXAS AREA
BY:
Page
5
of 20 Pages
Agenda Item No. 11.f.
EXHIBIT A
CONTRACTOR agrees to expend the funds provided herewith only for the
following eligible purposes:
1 . For operation, maintenance, and improvement of neighborhood centers;
2. For emergency assistance provided under a program or programs pre-
approved by the City's representative;
3. For recreational and educational programs for the benefit of neighbor-
hood residents ;
4. For improvement of neighborhood areas provided under a program or
programs pre-approved by the City's representative;
5. For transportation to and from Neighborhood Center meetings and
activities;
6. For transportation for educational or recreational purposes; or
7. For community meals.
s.
Page 6 of 20 -Pages
Agenda Item No. 11. f.
EXHIBIT B
ELRO Budget for Budget Year 1 October 1982 through 30 September 1983
IV. Budget Request:
Item Amount
General Liability and Fire Insurance Coverage for 1, 000
center
Utilities 1, 000
Building Repairs & Equipment Repairs 500
Christmas Decorations 100
Janitorial Supplies 250
Printing & Publications 150
Office Supplies 150
Table Games 100
Arts & Craft 100
1 Weed Eater and Supply of Cord 100
Transportation for Area Trips 200
Miscellaneous Kitchen Equipment & Supplies 350
Pots, Pans, Dishes, Cutting Board, etc. 4, 000
es Es - , r.
r'resident
Page 7 of 20 -P-ages
Agenda Item No. 11. f.
EXHIBIT B
SCOTLAND NEIGHBORHOOD ACTION GROUP
PROPOSEL BUDGET
1982-1983
Activity or Item Amount
American Self Storage 400.00
for neighborhood equipment that is stored
untrl we get a center)
Held in escrow 3800.00
We would like for the balance to be held in escrow until such
time as we get into our center. At that time we will utilize
these funds for center furnishings and equipment.
TOTAL 4000,00
Page 8 of 20 Pages
Agenda Item No. 11. f.
EXHIBIT B
ROSEWOOD NEIGHBORHOOD GROUP
PROPOSED BUDGET
1982 - 83
ACTIVITY or ITEM ITEM
Food for Neighborhood group meetings, youth
activities and Easter Egg Hunt 550.00
Speakers and Workshops 125.00
Sd!iolarships to honor three students 600.00
Weatherization Program 2,725.00
TOTAL 4,000.00
Respectfully submitted:
ti s C. Polk
Neighborhood Chairman
Page 9 of 20 Pages
Agenda Item No. 11.f.
EXHIBIT B
EASTSIDE NEIGHBORHOOD ACTION GROUP
BUDGET PROPOSAL
1982 - 83
ACTIVITY or ITEM AMOUNT
Food for Neighborhood Group Dinners, such
as Thanksgiving and Chirstmas', refreshments
for meetings and Children Easter Egg Hunt 300.00
Office Supplies - Typewriter 300.00
Building Equipment - Burglar Alarm 800.00
Furniture Lounge Furniture for the Center 800.00
Arts and Crafts equipment - 2 Sewing Machines,
Art and Craft Supplies 300.00
Insurance on Building and Contents 1 ,000.00
Recreational Equipment - Games , etc. for
Youth Program 300.00
Center Repair and Upkeep 200.00
TOTAL 4,000.00
Respectfully submitted,
OMM tole
Neighbo liNd Action Group, Chairman
Page 10 of 20 Pages
Agenda Item No. 11. f .
EXHIBIT B
NORTHSIDE AREA NEIGHBORHOOD ACTION GROUP
BUDGET PROPOSAL
1982-83
ACTIVITY or ITEM AMOUNT
Office supplies: (paper,stencil, ink, envelopes, filing
cards, stamps, staples, paper clips, chalk, thumb
tacks, pencils, pens, glue, scotch tape, strapping
tape, poster-maintenace and miscellaneous,photo
film:&developing-batteries,and greeting cards) 200.00
Paper Goods : paper plates(large & small) dessert bowls,
napkins, paper towels, toilet tissue, foil, plastic
trash bags, plastic zip lock bags, wax paper, saran
wrap, paper cups, foil pans 400.00
Food for luncheons, parties, business mettings for
emergencies- sickness-deaths etc. Birthday parties
for Day Nursey 1200.00
Kitchen & Bathroom supplies: ( Cascade, dish detergent,
scrub pads, scouring powder, bathroom cleaner &
deodorant, mops, floor cleaner, washing powder,
bleach, oven cleaner, floor wax, first aid supplies) 200.00
Sewing & Craft supplies ( Crochet thread, needles, sewing
materials, sewing thread, patterns-lace-ribbons,
buttons, snaps, doll faces, pillow stuffing, plastic
eyes, doll faces, felt, flowers, thimbles, etc.
ceramic supplies) 1000.00
Decorations for special occasions: (Christmas, Thanksgiving
Easter, Valentine Day - 4th of July etc. ) 100.00
Miscellaneous: 14 lined plastic table cloths, Hot pads
for table, 2 air deodorizers, 1 salad master, 1
food grinder, 2 deep fryers, extra pans, bowls &
glasses, 1 step stool, 1 folding carrying cart 500.00
Janitor service to throughly clean center at least once
per month 400.00
4,000.00
Page 11 of 20 Pages
Agenda Item No. 11. f.
EXHIBIT B
BUDGET REQUEST
1 OCTOBER 82 THRU 30 SEPTEMBER 83
ACTIVITY OR ITEM:
1 Year insurance premium on community center 1 ,000.00
Office and cleaning supplies 200.00
Kitchen staple supplies 100.00
2 Floor polishers and brushes 300.00
Arts and craft supplies 2,400.00
Yarns , sewing supplies, paints, ceramics
and tools, assorted other materials for
arts and craft activiites.
TOTAL: 4,000.00
Respectfully sulmitted:
Marion Bowling
Chairperson, Southside Neighborhood Action Group
Page 12 of 20 Pages
Agenda Item No. 11. f.
PART II
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 theeffective 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, photo-
graphs, 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 per-
formed 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.
7
Is Page 13 of 20 Pages
Agenda Item No. 11. f.
5. Personnel.
a. The CONTRACTOR represents that he has, or will secure, all
personnel required in performing the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with
the CITY.
b. The CONTRACTOR shall submit to the CITY a written list of all
employees employed under this Contract (including name, address and position).
Any changes in this list shall be forwarded to the City every three months.
c. All of the services required hereunder will be performed by the
CONTRACTOR or under his supervision and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under the State and
local laws to perform such services.
d. No person who is serving in a penal or correctional institution
shall be employed or work under this Contract.
e. No person or firm who has litigation pending against the City of
Wichita Falls, Texas, shall be employed to work under this Contract unless
specifically authorized by the City Manager.
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 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
Page 14 of 20 Pages
Agenda Item No. 11. f.
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 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
currellt basis an adequate accounting system on an accrual or other accounting
basis in accordance with generally accepted accounting principles and standards.
f. • Property Records. A record shall be maintained for each item of
nonexpendable property acquired for the program. 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.
Grouping 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
nonexpendable 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
annually.
Page 15 . of 20 Pages
Agenda Item No. 11. f.
8. Eligible and Ineligible Costs.
a. Standards. All costs incurred must be reasonable and of a nature
which clearly related to the specific purposes and end product 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 of the program , costs
must:
1. Be necessary and reasonable for proper and efficient execution of
the contractual requirements and in accordance with an approved budget.
2. Be in conformance with any limitations or exclusions in these instruc-
tions, federal laws, or other governing limitations.
3. Be accorded consistent treatment through application of accounting
policy and procedures approved and for prescribed herein.
4. Be net of all applicable credits such as purchase discounts, rebates
or allowances, sales of publications or materials, or other income of refunds.
5. Be in accordance with budgetary or other restriction of expense
established by CITY.
6. Be fully documented.
7. Comply with policies governing administrative practices, including
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 event.
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.
Page , 16 of 20 Pages
Agenda Item No. 11. f.
5. Entertainment. Costs of amusements , social activities, and
incidental costs, such as meals , beverages, lodgings , and gratuities, relating to
entertainment.
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.
8. Travel. Costs in excess of those normally allowed by the CONTRACTOR.
In any case, the difference in cost between first-class air accommodation 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 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.
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 intereet, direct or indirect, in this Contract; and the CONTRACTOR
shall take appropriate steps to assure compliance.
11. 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.
12. Identification of Documents. All reports, maps, signs and other docu-
ments 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.
13. Compliance with Local Laws. The CONTRACTOR shall comply with
applicable laws, ordinances, and codes of the State and local governments, and
Page 17 of .20 Pages
Agenda Item No. 11. f.
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.
14. 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, and the regulations adopted by the
Department thereunder so that no person shall, on the ground of race, color or
national origin, be excluded from participation in , be denied the benefits of,
or be subjected to discrimination under any program or activity receiving federal
financial assistance.
15. 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.
16. 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.
17. 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, sec, 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 origina.
18. 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.
Page 18 of 20 Pages
Agenda Item No. 11. f.
19. 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 19 of 20 Pages
Arrpncla Item No. 11 . f.
NEIGHBORHOOD ACTION GROUPS
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Page 20 of 20 Pages
Agenda Item No. 11.f• ,