Loading...
Min 01/06/1981 I 243 Wichita Falls , Texas Memorial Auditorium Building January 6, 1981 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas , met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. Kenneth Hill Mayor Marvin Traywick Carol Russell Curtis Smith Aldermen James B. Thomas Horace 0. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk John Hampton, Jr. Absent The invocation was given by James Trent, Faith Village Church of Christ. Mayor Hill noted that this is the first meeting for 1981 . He wished the Council members and all the citizens of Wichita Falls a very happy New Year. Item 3 Moved by Alderman Smith that minutes of the meeting held December 16, 1980, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 7g Item 5d was moved to the regular agenda. Moved by Alderman Traywick that the remaining items on the consent agenda be approved. Motion seconded by Alderman Boston. 1 Item 4a A proposed ordinance was presented establishing parking restrictions on various streets. j ORDINANCE NO. 3752 AN ORDINANCE AMENDING SUBPARAGRAPH (c) OF SECTION 29-114 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS. Ayes : Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays: None ✓Item 5a A proposed resolution was presented designating the City Manager as the Governor's authorized representative in executing disaster relief applications . /RESOLUTION NO. 2705 RESOLUTION DESIGNATING THE GOVERNOR'S AUTHORIZED REPRESENTATIVE AS APPLICANT'S AGENT. f i 244 Item 5a, cont'd. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Stuart A. Bach, Governor's Authorized Representative, is hereby authorized to execute for and on behalf of the City of Wichita Falls, a public entity established under the laws of the State of Texas, a project application, and any supplements thereto and to file same in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) , or otherwise available from the President's Disaster Relief Fund. The City of Wichita Falls , a public entity established under the laws of the State of Texas, hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements contained in the exhibit attached hereto. Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas , and Boston Nays : None ✓ Item 5b /RESOLUTION NO. 2706 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TEXAS A & M RESEARCH FOUNDATION PROVIDING FOR A CONTINUING AND COMPREHENSIVE ENERGY CONSERVATION PROGRAM FOR SMALL BUSINESSES. Be it resolved that 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 Texas A & M Research Foundation, providing for a continuing and comprehensive energy conservation program for small businesses is hereby approved, and the City Manager is hereby authorized to execute the same for the City of Wichita Falls. Ayes : Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays: None ,/ Item 5c V RESOLUTION NO. 2707 RESOLUTION APPROVING CONTRACT WITH EMPLOYERS' INFORMATION SERVICE TO PROVIDE ESSENTIAL INFORMATION CONCERNING WORKER'S COMPENSATION CLAIMS FOR SCREENING EMPLOYEE APPLICANTS. 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 Employers ' Information Service, providing for the furnishing of essential information concerning Worker's Compensation Claims to screen employee applicants, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays : None -Ile Alderman Traywick inquired how many times a year we utilize this screening service? Mark Wilson, Risk Management Administrator, stated about 400 per year, at a cost of $3.00 to $3.50 for each applicant. r Item 5e RESOLUTION NO. 2708 RESOLUTION DESIGNATING STUART A. BACH, CITY MANAGER, AS THE OFFICIAL TO ACT FOR THE CITY IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965. 245 Item 5e, cont'd. WHEREAS, by Resolution No. 2108, City Manager Gerald G. Fox was designated to represent and act for the City in dealing with the Texas Parks and Wildlife Department for the purpose of participating in the Land and Water Conservation Fund Act of 1965; and, WHEREAS, by Resolution 2110, City Manager Gerald G. Fox was designated to represent and act for the City in dealing with such Department for such purpose; and, WHEREAS, by Resolution No. 2339, City Manager Gerald G. Fox was designated to represent and act for the City in dealing with such Department for such purpose; and, WHEREAS, Gerald G. Fox has resigned as City Manager, and Stuart A. Bach has been appointed City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Board of Aldermen hereby authorize and direct Stuart A. Bach, City Manager, to represent and act for the City of Wichita Falls in dealing with the Texas Parks and Wildlife Department for the purpose of such program, in place of former City Manager Gerald G. Fox. All of the other provisions of Resolutions No. 2108, 2110 and 2339 shall remain in full force and effect. Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays : None Item 5f ✓ RESOLUTION NO. 2709 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A PARTIAL RELEASE OF AN IRRIGATION EASEMENT TO C.W.L. DENNIS. WHEREAS, by Resolution No. 1225 dated September 7, 1971 , the Board of Aldermen authorized the City Manager to execute, with Wichita County Water Improvement District No. 2 a release of the North 50 feet of a 100 foot wide irrigation easement across a 1 .41 acre tract of land described in such resolution as Tract 1 , upon the payment to the City and the Water District of the sum of $400.00; and, WHEREAS, this transaction was never consummated, and C.W.L. Dennis has now requested that the City and Water District execute a release of the North 50 feet of such irrigation easement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute and deliver a release of the City's interest in such irrigation easement on the North 50 feet of the South 100 feet of the 1 .41 acre tract described as Tract I in Resolution No. 1225, upon the payment by C.W.L. Dennis to the City and Water District of a sum agreed to by the City Manager and the Directors of the Water District. Ayes : Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays: None Item 6a The low bid for one motor grader for the Street Department was awarded to Trinity Equipment Company, Wichita Falls, in the amount of $63,678. Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays : None 246 tl Item 6b The low alternate bid for one tractor with dozer attachment was awarded to Darr Equipment Company, Wichita Falls, in the amount of $92,087. Ayes : Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays: None /Item 7 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Council - December 10, 1980 b. Planning Board - December 10, 1980 c. Board of Electrical Examiners - December 11 , 1980 d. Design Review Commission - December 11 , 1980 e. Human Relations Commission - December 16, 1980 -u- f. Park Board - December 4, 1980 g. Aviation Advisory Board - December 11 , 1980 Ayes : Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays: None Alderman Traywick expressed his feeling that the City should begin planning for expansion of general aviation facilities at a location other than Municipal ` Airport. Sheppard Air Force Base has the authority to reduce or eliminate general aviation activities at the airport, if necessary. We are already the second largest airport in Texas , as far as activity is concerned. y' Item5d A proposed resolution was presented continuing the City-County Health Department as a joint unit. Alderman Traywick asked what happens if we elect not to handle it in this way? The City Manager stated that it would probably revert back to the County's responsibility. Dr. Benson, Director of the Health Unit, felt that it would go all City, all County, or a health district. Each operation has different laws which would apply. Dr. Benson stated that to his knowledge there is no strict requirement to have a county health office. f RESOLUTION NO. 2710 RESOLUTION CONTINUING CITY-COUNTY HEALTH UNIT FOR TWO YEARS. WHEREAS, the Board of Aldermen of the City of Wichita Falls by enacting Resolution No. 437 on December 23, 1960, adopted the terms of Article 4436a-1 of the Revised Civil Statutes of Texas and thereby ratified the continued joint operation of the Wichita Falls City-Wichita County Health Unit; and, WHEREAS, by the terms of Section 6 of said Article 4436a-1 , at the end of every two year period of operation, said respective governmental bodies shall determine, by resolution, whether said unit shall be continued as a City-County Health Unit or shall be operated separately as now provided by law; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, does desire to continue the operation of said unit as a City-County Health Unit for another two year period. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Wichita Falls City-Wichita County Health Unit shall be continued as a City- County Health Unit under Article 4436a-1 of the Revised Civil Statutes of Texas for the two year period from January 1 , 1981 through December 31 , 1982. Moved by Alderman Thomas that Resolution No. 2710 be passed. Motion seconded by Alderman Smith, and carried by the following vote. 247 Item 5d, cont'd. Ayes : Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays : None Alderman Russell mentioned the request by the Chairman of the Park Board for an additional boat ramp at the lake. The City Manager will prepare some information for the Council to consider at the next meeting. f I tems 8a & 9a The public hearing was opened on hazardous structures. John M. Taylor appeared for his mother, Olive M. Taylor, whose property is located at 1311 North 4th. He stated that his mother is in England, and he does not have much way to do anything but keep it mowed until she returns. Joe Ryckoff, Code Enforcement Officer stated that he had previously discussed this with Mr. Taylor, and asked him to secure the building and clean up around it. Corrective action has not been taken, and the neighbors are complaining. Mr. Taylor stated that he would meet with Mr. Ryckoff, and would do what he could to clean it up and secure it. L. P. Glidewell appeared regarding his property at 3228 Old Iowa Park Road and 3228 Old Burk Road. He stated that the Iowa Park Road property needs to be repaired, and a truck ran through the building on Old Burk Road. He is trying to get it settled with the insurance company. The City Manager explained that if these properties have not been secured and cleaned up within 30 days the City will take care of it, and send him a bill . Mrs. John Justice, 1008 Van Buren, admitted that her garage was dilapadated. She stated that the man who was working on it got hurt, and has been unable to complete it. The Council agreed to give her an additional 30 days to complete the necessary work. Mrs. Justice also brought up a garbage problem. Mayor Hill stated that Mr. Lillard or Mr. Leonard would go out and check on it. No one else desired to be heard, and the public hearing was closed. f`ORDINANCE NO. 3573 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDING AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Smith that Ordinance No. 3573 be passed, granting Mrs. Justice an additional 30 days. Motion seconded by Alderman Thomas , and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays : None J'Item 9b Discussion was held on a proposed ordinance regulating purchasers of gold, silver, jewelry, and coins. Alderman Smith asked about the requirement for scales , and also if there is any way we can exempt our local people who have been in business here for a few years? He stated that we are placing a burden on our local people. Alderman Thomas noted that we are attempting to prevent burglars from having a ready market for sale. It seems that a better way of controlling itinerants would be to control where the sale will be. 248 Item 9b, cont'd. Chief Harrelson stated that we have had state laws on pawn shops for many years. What this allows the police to do is spot check these places on what is bought and sold. If they want to fence property they will not log it. If they purchase it not knowing it was stolen, it gives the police the opportunity to check it. He stated that they favor the ordinance because it gives them a chance to spot check or monitor legitimately purchased merchandise. Alderman Thomas desired that this proposed ordinance be circulated to the pro- fessionals in the community for their input into this process. He feels that we would have a better ordinance. Mayor Hill commended Chief Harrelson for the additional task force to help fight this problem. City Manager Stuart Bach explained that we are going to institute a close check of property when a person is on vacation. They will be advised as to what they need to do to secure their property. The homeowner would also advise them as to what cars are in the garage or which lights are on in the house. The Cab Company will also be asked to participate, as well as convenience and liquor stores. The Crime Prevention Division would participate in the identification and engraving program, as well as crime stoppers being able to call the police and retain their anonimity. We also plan to work with the utility companies and city employees who are out in the field during the day. We are also working on a program of greater citizen involvement not only in crime prevention, but in other programs such as fire prevention, traffic control , neighborhood clean up, emergency services, etc. The bottom line is that people have to get involved. Moved by Alderman Thomas that this matter be passed over for two weeks to circulate the proposed ordinance to those people who are interested, and ask for their input. Motion seconded by Alderman Smith, and carried unanimously. Item 10a A proposed resolution was presented authorizing the City Manager to file an application for aid in financing the construction and equipping a transit maintenance facility. 'RESOLUTION NO. 2711 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A CAPITAL ASSISTANCE GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and, WHEREAS, it is required by the U. S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title IV of the Civil Rights Act of 1964 and the U. S. Department of Transportation requirements thereunder; and, WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures are established and shall be administered to ensure that minority businesses will have the maximum feasible opportunity to compete for contracts when procuring construction contracts , supplies, equipment contracts, or consultant and other services; and, WHEREAS, the citizens have voted approval of a $2,500,000 bond issue for construc- tion of a central maintenance complex. 249 Item 10a, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: That the City Manager is authorized to execute and file an application on behalf of the City of Wichita Falls with the U. S. Department of Transportation to aid in the financing of capital improvements, transit facility construction and equipment, to the transit system. That the City will provide labor and materials toward the local share of the funding; the Board of Aldermen will appropriate funds as necessary to ensure the full amount of local share. That the City Manager is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. That Stuart A. Bach, City Manager, is authorized to furnish such additional information as the U. S. Department of Transportation may require in connection with the application or the project. That the City Manager is authorized to set forth and execute affirmative minority business policies in accordance with the City's Affirmative Action Program for Minority Business Enterprises in connection with the project's procurement needs. That the City Manager is authorized to execute grant contract agreements with the U. S. Department of Transportation for aid in financing this capital improvement project. That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Moved by Alderman Thomas that Resolution No. 2711 be passed. Motion seconded by Alderman Boston. The City Manager stated that we will know within 30 to 60 days whether this will be approved. Alderman Russell clarified that this is for maintenance of our bus system, stating that this program is not financially successful , but has been continued on a humanitarian basis. She asked if this facility is being designed in such a way that it could be adapted for other usage? The City Manager stated that the bays are being designed to be used for any variety of purposes. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays: None ✓Item 10b A proposed resolution was presented approving purchase of aviation fueling equipment from Exxon, who desires to terminate this lease. ✓RESOLUTION NO. 2712 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO PURCHASE AVIATION FUELING EQUIPMENT. WHEREAS, the city owns certain bulk fuel storage facilities at the Municipal Airport, and Exxon has installed certain special pumping and filtering equipment owned by it to be used in connection with the city' s bulk fuel storage facilities ; and, WHEREAS, Exxon desires to sell such equipment, and city desires to buy such equipment. 250 Item 10b, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to purchase from Exxon such aviation fueling equipment, as follows : (a) Filter separator, filters, bottom loading facility and five H. P. electric pump for purchase price of $3,000.00. (b) Retail pump and two 3 H. P. electric pumps with necessary plumbing for purchase price of $2,260.24. Moved by Alderman Thomas that Resolution No. 2712 be passed. Motion seconded by Alderman Traywick, and carried by the following vote. Ayes: Mayor Hill , Aldermen Traywick, Russell , Smith, Thomas, and Boston Nays : None y Item lla The City Manager reported on alternatives and recommendations for security at the Activities Center and Municipal Airport parking lots. He stated that the bottom line on both security systems calls for using maintenance personnel with walkie talkies , and improving the lighting system. At the airport the issue is the coin operated gate and vehicles parked in the lot. Money will be removed each day. Also, the gate is about as safe as can be obtained. They can increase police patrol and the lighting system. The dollar amount of thefts has been rather significant. Mayor Hill asked how many of the 20 additional authorized police officers we have? Chief Harrelson stated that we have 12 new policemen coming out of the academy the last of February. They want to start another one as soon as possible to fill the remaining positions. Item l l b Dr. Robert Pace, Jr. , 2616 Chase, appeared regarding property he owns on 7th, Baylor, and Truehart boundaries which he does not want to sell the City for the Mental Health Mental Retardation apartments. Dr. Pace stated that he has a deal with Dr. Kinnard to build a doctors' office on this property. This is an ideal place near the hospital for a doctors' office. The contract with Dr. Kinnard was signed on December 23, 1980, for $40,000, and he has received $2,000 earnest money. City Attorney H. P. Hodge, Jr. stated that the City originally authorized purchase of this property in the amount of $25,500. A later appraisal raised it to $33,750. Alderman Smith inquired if there may be some other lots which would be available to MHMR? James Zug, Executive Director of MHMR, stated that they have worked with the City since March in looking at a location. The City felt this met the requirements best of all . Mrs. Pace mentioned the lots sold to the City by the Medical Arts Corporation were offered in good faith to be used by MHMR. The City then sold them to the Kiva Inn. Alderman Traywick stated that they were to be used for the Human Resource Center, which did not materialize. Mayor Hill asked about the timetable to obtain this property? City Attorney H. P. Hodge, Jr. stated that he had hoped that this week or next they could have a special hearing before the commissioners. The City Manager stated that if the Council wants to seek other locations we could drop the condemnation case. The City Attorney stated that we could also let it lie, and not proceed with the hearing until a decision is made on what they want to do with it. They could also go ahead and have the special hearing. 251 Item llb, cont'd. Alderman Traywick stated stated that he would be opposed to making the MHMR a stepchild of the community. This is a tremendous organization doing an important work in this community. We should try to balance their needs. Mrs. C. C. Jones, 1811 7th Street, stated that she lives in the block of this proposed complex for MHMR. All the neighbors were so certain that there would be a medical facility there that they were very disappointed. She presented a petition on behalf of them. Mrs. Jones stated that she had listened to Sixty Minutes on how this type of operation works in other cities. She also talked with some social workers from Des Moines, who stated that the MHMR apartments are not working well because the occupants of those apartments were looking in the windows of the other residents. She stated that she has heard some discouraging reports on how it works practically. City Attorney H. P. Hodge, Jr. stated that the property can only be condemned for a public use. If at some time later it is no longer needed for public use it can be declared surplus and sold. Mrs. Jones read the petition requesting that the property not be purchased or condemned for an MHMR apartment complex. It suggested that other land be considered, such as the County Farm, or other land owned by the City or County. Mayor Hill asked James Zug how it would affect MHMR if they looked at property elsewhere? Mr. Zug stated that the timeframe was provided with approval of this loan. They must be in construction by April 1981 or they would forfeit the loan approval , unless they could obtain an extension from HUD. The Center could immediately begin seeking an extension. Any decision by the Council could be delayed until such time as the Center received information on the extension. He stated that they will be more than happy to work with the Council , and with Dr. and Mrs. Pace. If they fail to obtain the extension the loan application would be terminated. He feels that a six months extension might be granted, and they would be happy to ask for it. He suggested allowing a month for it. Mr. Zug stated that this project will have a full -time supervisor on the premises supervising the occupants . Those persons not adjudicated mentally incompetent can rent any apartment they want to. They rent their own apartments and buy their own groceries. Their staff helps them work through support agencies for a job or any other benefits in the community. The Council expressed appreciation to Mr. Zug for working with the Council and the others involved. The Board of Aldermen adjourned at 10:45 A.M. PASSED AND APPROVED this �2 day of h Lz,�_r�-z 1981 . T� MAYOR ATTEST: CITY CLERK ,,,.,.,like -rr _ I 1 U; M: -- H I� EXHIBIT ASSURANCES A. The State agrees to take necessary action within State capabilities to require compliance with these assurances by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director. The Applicant Certifies: B. That (to the best of his knowledge and belief) the disaster relief work described on each Federal Disaster Assistance Administration (FDAA) Project Application for which Federal financial assistance is requested is eligible in accordance with the criteria contained in 24 Code of Federal Regulations, and FDAA (HUD) Handbooks. C. That it is the legal entity responsible under law for the performance of the work detailed or accepts such responsiblity. D. That the emergency or disaster relief work therein described for which Federal assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. E. That all information given by it herein is, to the best of its knowledge and belief, true and correct. F. That all financial assistance received under this application will be, or has been, expended in accordance with applicable law and regulations thereunder. The Applicant Agrees: G. To (1) provide without cost to the United States all lands, easements, and rights-of-way necessary for accomplishment of the approved work; (2) hold and save the United States free from damages due to the approved work or Federal funding. H. To comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all requirements imposed by the Federal Disaster Assistance Administration pursu- ant to that Title to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, religion, nationality, sex, age, or economic status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant received Federal financial assistance from the Agency and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. I. That if any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Federal Disaster Assistance Administration, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a pur- pose for which the Federal financial assistance is extended or for another J purpose involving the provision of similar services or benefits. If any per- t sonal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period enrlo 7 to it by FDAA. f J. That the assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimbursements, advances, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by FDAA, that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assigness, and the person or persons whose signatures appear on the reverse are authorized to sign this assurance on behalf of the Applicant. K. To obtain and maintain any flood insurance as may be required for the life of the project(s) for which Federal financial assistance for acquisition or con- struction purposes for buildings or mobile homes was provided herein; and, to obtain and maintain any other insurance as may be reasonable, adequate and necessary to protect against further loss to any property which was replaced, restored, repaired or constructed with this assistance. L. That, as a condition for the grant, any repairs or construction financed herewith, shall be in accordance with applicable standards of safety, decency and sanita- tion and in conformity with applicable codes, specifications and standards; and, to evaluate the natural hazards in areas in which the proceeds of the grant or loan are to be used and take appropriate action to mitigate such standards, in- cluding safe land use and construction practices. M. To defer funding of any projects involving flexible funding under Section 402 or Section 419 until FDAA makes a favorable environmental clearance determination, if this is required. Page 4 of 4 i Agenda. No. 5. a. i I I HUD-490.1 (6-77) Subcontract L100016 Prime Grant DE-FG01 -80CS24439 Project RF 4380-5 SUBCONTRACT between TEXAS A&M RESEARCH FOUNDATION and CITY OF WICHITA FALLS This SUBCONTRACT is entered into by and between the Texas A&M Research Foundation, a non-profit corporation whose address is FE Box H, College Station, Texas 77843, hereinafter called FOUNDATION, and the City of Wichita Falls, whose address is P.O. Box 1431 , hereinafter called SUBCONTRACTOR. WITNESSETH: WHEREAS, FOUNDATION and the Department of Energy, an agency of the United States of America, hereinafter call GOVERNMENT, have entered into Prime Grant number DE-FG01-80CS24439, further identified as Project RF 4380-5, which involves the project entitled IntelcgoveAnmentat SmaU Bu inezz EneAgy Management Demon6tcati.on Ptcogtam; ana WHEREAS, SUBCONTRACTOR has proposed to assist FOUNDATION in the accomplishment of the preceding; and WHEREAS, SUBCONTRACTOR is specifically qualified and equipped to perform the work described in a manner contemplated herein; NOW THEREFORE, the parties hereto do covenant and agree as follows : ARTICLE I : Scope of Work SUBCONTRACTOR agrees to perform the work set forth in the statement of work appended hereto and incorporated as APPENDIX A. The scope of work shall not be changed except by duly executed amendment to this SUBCONTRACT. ARTICLE II : Period of Performance The period of performance for this SUBCONTRACT shall begin on December 1 , 1980 and shall terminate on September 30, 1981 , unless extended by mutual agreement in writing between the parties, or unless terminated by FOUNDATION as provided in Article VIII . Page 4 of 7 Agenda No. 5.b. Page 2 of 24 ARTICLE III : Consideration and Payment As compensation for the work cited in Article I , following inspection and acceptance of the reports cited in Article Vi , FOUNDATION agrees to pay SUBCONTRACTOR. costs not to exceed $15,000. Costs shall be in accordance with the budget included in APPENDIX B. Invoices shall be submitted in triplicate, not more frequently than monthly to the following address: Texas A&M Research Foundation Faculty Exchange Box H College Station, Texas 77843 Payment shall be contingent on approval of the invoices by Stephen Biles who is hereby named as FOUNDATION'S REPRESENTATIVE in the monitoring of this project. Said invoices shall be in accordance with the sample billing form appended hereto and incorporated as APPENDIX C. A maximum of ten percent (10%) , or an amount not to exceed 51 ,500 of the total compensation , shall be retained until the final requirements have been completed and approved by FOUNDATION'S REPRESENTATIVE. ARTICLE IV: Travel and Per Diem All reimbursable travel shall be via economy class rates when available. If not available, reimbursement vouchers shall be annotated that economy class accommodations were not available. Travel and per diem shall be reimbursable in accordance with FOUNDATION'S travel policy appended hereto and incorporated as APPENDIX D. ARTICLE V: Key Personnel SUBCONTRACTOR shall assign Phil Paulk, Energy Coordinator, for the work to be performed under this SUBCONTRACT. No diversion or replacement shall be made by SUBCONTRACTOR without the written consent of FOUNDATION. ARTICLE VI : Reports SUBCONTRACTOR shall submit the following reports: Item Due Date 1 . Monthly Report January 10, 1981 and the loth of each month thereafter 2. Final Report September 30, 1981 Page 5 of 7 Agenda. No. 5.b. Page 3 of 24 ARTICLE VII : Inspection and Acceptance Inspection and acceptance of the reports cited in Article VI under this SUBCONTRACT will be accomplished by FOUNDATION'S REPRESENTATIVE. Shipment of all data shall be made to: Stephen Biles Urban Programs Group Center for Strategic Technology Box FM 83 Texas A&M University College Station, Texas 77843 ARTICLE Vill: Termination In the event of default by SUBCONTRACTOR of its obligations, or in the event that GOVERNMENT terminates work by FOUNDATION on the subject matter of this SUBCONTRACT, then performance by SUBCONTRACTOR may be terminated by FOUNDATION at any time by giving written notice to SUBCONTRACTOR. ARTICLE IX: Liability SUBCONTRACTOR shall indemnify and hold FOUNDATION harmless from any and all claims or liability whatsoever which may arise out of SUBCONT?.ACTOR'S failure to perform or SUBCONTRACTOR'S negligent performance of any service or duty as herein agreed. Such obligation to hold harmless shall include the obligation to reimburse the funding agency or FOUNDATION, as appropriate, a sum certain equal to the amount of any payments which may be made by FOUNDAT't0.;N to SUBCONTRACTOR which are later disallowed by the funding acency by reason of SUBCONTRACTOR'S failure to apply or abide by appropriate cost principles or administrative standards. In addition, SUBCONTRA:TvR warrants that SUBCONTRACTOR is in compliance with all applicable federal requirements related to Equal Employment Opportunity Programs, Affirmative Action Programs, Minority and Small Business Utilization Programs, Employment of the Handicapped Programs, etc. ; and agrees to hold FOUNDATION harmless from any and all claims resulting from SUBCONTRACTOR'S failure, or the failure of its principals, employees, and agents, to comply with these requirements. ARTICLE X: General Provisions The General Provisions applicable to this SUBCONTRACT are contained in the DOE Pno jec t Gta.nt Ptcov.is.ions appended hereto and incorporated as APPENDIX E. As used in the aforesaid Grant Provisions. the term "Grants Officer" and "Government" shall mean either the FOUNDATION or the Government Contracting Officer who has cognizance over FOUNDATION'S prime grant as may be applicable and determined by FOUNDATION. In the event of any inconsistency between the conditions of SUBCONTRACT and those of Appendix E, the inconsistency shall be resolved by giving precedence to the provisions of SUBCONTRACT. Page 6 of 7 Agenda No. 5.b. I Page 4 of 24 AUT "_E 1 : Entirety of Agreement This document with attached appendices tonsil totes the entire agreement parties relative to the sub-ect rnatter, and may be modified or amended only by a written agreement signed by both parties. Il WITNESS '�IFE,J,F._OF, the parties hereto have executed this SUBCONTRACT on the day and year last specified below. TEXAS A&M RESEARCH FOUNDATION! CITY OF WICHITA FALLS By BY Jo Ann Treat Title A_sociate Executive Director Title Date Date I , certify that I am the of SUBCONTRACTOR named under this SUBCONTRACT; that I am title) authorized to sign on behalf of said SUBCONTRACTOR; that said SUBCONTRACT was fully signed -or- and on behalf of said SUBCONTRACTOR by authority of its governing body and is within the scope of its legal powers, Page 7 of 7 Agenda No. 5.b. THE STATE OF TEXAS X. COUNTY OF WICHITA X WHEREAS, the City Council of the City of Wichita Falls, Texas authorized establishment of a self-administered, self-insured plan to meet its statutory responsibility under the Worker's Compensation Act; and WHEREAS, the City of Wichita Falls desires to reduce the cost of its self- insurance plan by screening its employee applicants through the use of essential information concerning worker's compensation claims and lawsuits involving the employee applicants; and, WHEREAS, the Employer's Information Service, a non-profit organization, keeps current records of worker's compensation claims and lawsuits filed in county and parish courts located in Texas, Louisiana, Mississippi, New Mexico, and Oklahoma, and in Federal Courts located throughout the Gulf Coast States and extending as far north as St. Louis, Missouri; NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS: That the City of Wichita Falls, acting herein by and through its duly author- ized City Manager, Stuart A. Bach, hereinafter called "City," and Employer's Information Service, a non-profit organization with its general office located at P. 0. Box 1457, Gretna, Louisiana 70053, acting herein by and through its duly authorized President, H. J. Robinson, hereinafter called "E.I.S. ," in consideration of the terms, mututal covenants and conditions herein contained, do hereby agree as follows: I. That for and in consideration of the sum of Two Thousand One Hundred Twelve Dollars ($2,112) to be paid to E.I.S. on or before the effective date of the contract, E.I.S. covenants and agrees: A. That it shall faithfully maintain accurate records of worker's compensa- tion claims and lawsuits filed in county and parish courts located in Texas, Louisiana, Mississippi, New Mexico, and Oklahoma, and in the federal courts located throughout the Gulf Coast States and extending as far north as St. Louis, Missouri. B. That E.I.S. shall furnish to the City from such records of employee termination reports and employee injury reports pertaining to each person who is a City employee on the effective date of this contract; C. That E.I.S. shall furnish to City from such records, at City's inquiry, employee termination reports and employee injury reports pertaining to each person who is an applicant for City employment during the term of this agreement. It is understood and agreed that if the number of inquiries pertaining to applicants for City employment exceeds six hundred (600) in total number, City shall pay to E.I.S. the amount of Three Dollars and Fifty Five Cents ($3.55) for each additional inquiry. D. That the employee termination reports furnished to City shall include, but not be limited to the following information: 1. Employee's name; 2. Employee's social security number (if possible) 3. Date of employment; 4. Date of termination; 5. Nature and date of employee's injuries (if any) ; and 6. Whether employer would or would not rehire the employee (if available) ; E. That the employee injury reports furnished to City shall include, but not be limited to the following information: 1. Plaintiff's name; 2. Plaintiff's social security number (if. possible) ; 3. Insurance carrier or employer; 4. Injury or disability alleged or sustained; -2- 5. Plaintiff's and defendant's attorneys; 6. Filing date of case; 7. Case number; 8. County or parish wherein case was filed; and 9. Disposition or settlement of the case (if available) ; F. That it is estimated that the number of persons covered by E.I.S. records will increase at a rate of 4,000 to 5,000 per month during the term of this agree- ment; and that as such coverage increases, additional information received by E.I.S. concerning City employees and applicants for City employment shall be made available upon request to City; G. That at its sole expense, E.I.S. shall furnish to City a WATS telephone line which will enable City to call E.I.S. by direct dialing at no cost to City for the purpose of obtaining the reports described hereinabove; and that said reports will be furnished to City within a matter of seconds while the City re- mains on the telephone, with the exception of communication problems beyond the control of E.I.S. II. The term of this contract and agreement shall be for a period of one (1) year beginning on the lst day of February, 1981, and ending on the 31st day of January, 1982. III. This contract and agreement may be terminated by either party upon at least thirty (30) days written notice. Such notice shall be sufficient if mailed to the other party's last known address. IV. In the event this contract and agreement is terminated for any reason before the 31st day of January, 1982, E.I.S. shall refund to City a percent of the total consideration paid to E.I.S. as provided in Paragraph I hereof, said percent to be -3- calculated by determining the number of days from the date of termination to January 31, 1982, and dividing said number by the number of days from February 1, 1981, to January 31, 1982. V. E.I.S. shall not act as an agent, representative, servant or employee of the City of Wichita Falls as to all rights and privileges granted hereunder, that E.I.S. shall have exclusive control of and the exclusive right to control the details of its operations hereunder and shall be solely responsible for the acts and omissions of its members, officers, agents, representatives, servants, employees, contractors and subcontractors' that the doctrine of respondent superior shall not apply as between City and E.I.S. , its members, officers, agents, repre- sentatives, employees, contractors or subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and E.I.S. , its members, officers, agents, representatives, employees, contractors or subcontractors. VI. E.I.S. covenants and agrees to, and does hereby indemnify, hold harmless and defend City, its officers, agents, representatives and employees, from and against any and all claims or suits for damages or injuries to persons (including death) or damages to property, or whatsoever kind or character, whether real or asserted, arising out of, or in connection with the execution, performance or attempted performance of this contract and agreement but E.I.S. does not indemnity the City against a suit, loss or damages arising as a result of the City's negligence. E.I.S. warrants that all information when furnished to City by E.I.S. is accurate and up to date, and E. I.S. hereby covenants and agrees to indemnity and defend the City, its officers, agents, and employees from and against any and all claims or suits for damages or injuries arising out of or in connection with -4- furnishing the City with inaccurate or outdated information; and E.I.S. further agrees to indemnify and make whole the City for any and all damages sustained by City as a result of or in connection with furnishing the City with inaccurate or outdated information. VII. If E.I.S. , as a charitable or a non-profit organization, association, cor- poration, entity or otherwise, has or claims as immunity or exemption (statutory or otherwise) from and against liability for claims or suits for damages, E.I.S. hereby expressly waives its rights to plead defensively such immunity or exemption as against City. VIII. E.I.S. shall comply with all laws, federal, state and local including all ordinances, regulations and requirements of the City of Wichita Falls. It is agreed and understood that if City calls the attention of E.I.S. to any such violation on the part of E.I.S. , or any member, officer, agent, representative, employee, contractor, or subcontractor, then E.I.S. shall immediately desist from and correct such violation. IX. E.I.S. chall not assign this agreement without prior written consent of the City, and any attempted assignment without such prior written consent of the City shall be void. X. In the event E.I.S. fails to comply with or breaches any of the terms, conditions and covenants of this agreement, or for any other reason deemed neces- sary by the City Manager or his duly authorized representative, City shall have the right to declare this agreement terminated without written notice to E.I.S. , but shall forthwith advise E.I.S. in writing of such election to terminate. -5- XI. E.I.S. covenants and agrees that should any action whether real or asserted, at law or in equity, arise out of the terms of this agreement between the parties hereto, venue for said action shall lie in Wichita County, Texas. XII. E.I.S. and City mutually covenant and agree that this writing constitutes the sole and only agreement between E.I.S. and City pertaining to the Services to be performed by E.I.S. . Any and all previous agreements, whether oral or in writing, between said parties pertaining to such services are hereby terminated and cancelled and declared to be of no further force and effect. No prior or contemporaneous written or oral agreement of any nature exists to alter or modify the terms of this agreement. EXECUTED at Wichita Falls, Wichita County, Texas, in multiple originals, this day of A.D. 1981. CITY OF WICHITA FALLS By City Manager ATTEST: City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney EMPLOYER'S INFORMATION SERVICE By President