Res 2887 11/3/1981RESOLUTION NO.
RESOLUTION APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH
THE INDIVIDUAL DEVELOPMENT CENTER, INC. ,
FOR CONTINUATION OF MAINTENANCE AND CLEAN-UP
SERVICES.
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 Individual Development
Center, Inc. , for maintenance and clean-up services of certain City
properties by vocationally handicapped persons, is hereby
approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
PASSED AND APPROVED this the 3rd day of November, 1981.
M A Y O R
ATTEST:
City Clerk
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF WICHITA
THIS CONTRACT made and entered into as of the day of
by and between the Individual Development Center , Inc. ,
hereinafter called "IDC" , and the City of Wichita Falls , herein-
after called "City" .
WITNESSETH:
I .
IDC, as an independent contractor, hereby agrees to employ
crews of vocationally handicapped persons composed of one (1)
supervisor for each six (6) vocationally handicapped employees .
These crews will carry out assigned work authorized by the City
of Wichita Falls , which may include but will not be limited to :
cleaning and sweeping curbs and gutters
picking up litter and debris
storm drain clearing and cleaning
removing growth from concrete and other surfaces .
II .
The IDC crew supervisor will accept work assignments from
the City of Wichita Falls . The IDC crew supervisor shall provide
satisfactory documentation of all Extended Rehabilitation Services
records, including but not limited to daily work/task location
logs and time sheets . The IDC crew supervisor will work forty (40)
hours a week, and the crew members will each work a maximum of
thirty-five (35) hours weekly . Training for the supervisor and
employees will be provided by the City. All tools and materials
needed to carry out the project will be supplied by the City .
III .
IDC will be responsible for completing work assignments
thoroughly and satisfactorily, with the acceptability of the work
performed to be determined by the City. IDC will be responsible
for informing the Extended Rehabilitation Services supervisor at
the Texas Rehabilitation Commission of work assignments . Cost
effectiveness analyses will be the result of joint effort between
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the City and IDC with the City determining the time frame in
which such analyses shall be accomplished.
IV.
IDC will bill Community Council monthly for standard agency
reimbursement of each month ' s Extended Rehabilitation Services
fees for supervisory costs . The City shall reimburse IDC all
remaining contract costs (such as payroll , accounting, super-
visory overhead, and administrative services) that are documented
by IDC according to standard accounting practices .
V.
IDC, through the Community Council , or otherwise , will
assure that a vehicle is available for the transportation of
project employees from a predetermined location(s) to assigned
work sites . The vehicle will be stored, maintained and fueled
at the expense of the City . The vehicle will be insured by or on
behalf of its owner.
VI .
IDC shall operate hereunder as an independent contractor
as to all rights and priviledges herein contained, and nothing
herein shall be construed as creating a partnership or joint
enterprise between IDC and the City . IDC further covenants and
agrees to indemnify, hold harmless and defend the City and its
respective agents, servants and employees from and against any
and all claims for damages or injuries to persons or property to
whatsoever kind of character, whether real or asserted, arising
out of or incident to IDC' soperations arising under or incident
to the provisions of this contract ; and IDC hereby assumes as
between the parties to this contract all liability and responsi-
bility for injuries, claims or suits for damages to persons or
property of whatsoever kind or character, whether real or asserted,
occurring during the term of this agreement arising out of or by
reason of IDC' s operations arising under or otherwise incident to
the provisions of this contract . IDC further agrees to purchase
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and have in effect the following:
1) Worker' s compensation for all. employees.
2) Automobile liability for IDC-owned vehicles with limits
of $250 , 000/$500 , 000 bodily injury : $100, 000 property
damage ; $2 , 500 medical payments and $10 , 000/$20 ; 000/
5 , 000 uninsured motorist protection .
3) Texas Multi-Peril policy which provides all risk
coverage on buildings and contents and comprehensive
general liability with limits of $300 , 000 bodily
injury and 100/$100, 000 property damage on
center operations facilities .
4) Excess umbrella liability in the amount of $1 , 000, 000.
The policies of insurance stated in Section VI 2 , 3 and 4
shall state that the City is additionally insured and that
no term of policy will be altered, nor will the policy be
cancelled without thirty ( 30) days written notice to the City .
A certificate of insurance shall be filed with the City on each
policy of insurance stated in Section VI 2 , 3 and 4 .
VII .
This agreement is effective from and on 1981 ,
and will remain in effect until September 30 , 1982, and
thereafter upon 30 days written notice of intent to continue
the contract by either party . This agreement may be terminated
at any time with thirty (30) days written notice by one party to
the other party.
VIII .
Not withstanding anything in this contract to the contrary ,
both parties specifically agree that the total maximum liability of
the City under this contract for salaries , overhead, expenditures,
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materials , supplies , and all other items shall not exceed the
sum of Twenty-Four Thousand ($24 , 000 . 00) Dollars .
Executed in duplicate originals the date first above
mentioned.
CITY OF WICHITA FALLS , TEXAS
ATTEST :BY:
Stuart A . Bach , City Manager
Wilma Thomas , City Clerk
APPROVED:
H.P. Hodge, City Attorney
ATTEST:INDIVIDUAL DEVELOPMENT CENTER, INC .
BY:
Richard F. Weber, Executive
Director