Min 11/13/1981 181
Wichita Falls , Texas
Memorial Auditorium Bldg.
November 13, 1981
Items 1 & 2
The Board of Aldermen of the City of Wichita Falls, Texas , met in called
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
Gene Shearman
John W. Hampton, Jr.
Carol G. Russell Aldermen
Curtis W. Smith
James B. Thomas
Horace 0. Boston
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred Werner Chief Accounting Officer
The invocation was given by Alderman Hampton.
Item 3
Moved by Alderman Thomas that minutes of the meeting held October 20, 1981,
be approved.
Motion seconded by Alderman Russell .
Alderman Hampton asked City Attorney H. P. Hodge to explain the abstaining
vote requirement, as set out in the Charter. He noted that there was an abstaining
vote on Item 10d, Resolution No. 2872, Page 160, of the October 20 minutes, and
there was nothing in the record to indicate that any qualification was made.
City Attorney H. P. Hodge read from Section 37 of the Charter, which states
that no Alderman shall be excused from voting except on matters involving the
consideration of his own official conduct, or where his financial interests are
involved.
Alderman Shearman stated that he would cast a "No" vote on that item, and
the motion and second were amended to include this correction.
The motion to approve the minutes, with that one correction, was carried
unanimously.
Item 4a
A proposed ordinance was presented increasing the number of members of the
Clean Community Commission.
ORDINANCE NO. 3847
ORDINANCE AMENDING SUBSECTION (a) OF SECTION 1 OF
ORDINANCE NO. 3759, THE CLEAN COMMUNITY COMMISSION
ORDINANCE, TO INCREASE THE NUMBER OF COMMISSION MEMBERS.
Moved by Alderman Thomas that Ordinance No. 3847 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays: None
182
Item 5a
Proposed resolutions were presented approving and accepting certain projects
as eligible blighted area projects.
RESOLUTION NO. 2900
✓ RESOLUTION APPROVING THE POTEET AND OLIVER GRACE STREET
OFFICE COMPLEX AS AN ACCEPTABLE COMMERCIAL PROJECT WITHIN
THE ELIGIBLE BLIGHTED AREA.
WHEREAS, the Poteet and Oliver Grace Street office complex will contribute
significantly to redevelopment objectives in the eligible blighted area, as defined
by the Wichita Falls Board of Aldermen, and is in furtherance of public purposes ,
as defined by the Development Corporation Act of 1979, as amended; and,
WHEREAS, the Poteet and Oliver Grace Street office complex will contribute Is'
to the economic growth of Wichita Falls by increasing employment opportunities,
increasing the tax base and promoting commerce with the City; and,
WHEREAS, such project is an acceptable commercial project of the professional
office type.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City of Wichita Falls approves the Poteet and Oliver Grace Street office
complex as an acceptable commercial project within the eligible blighted area.
Moved by Alderman Thomas that Resolution No. 2900 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
RESOLUTION NO. 2901
RESOLUTION APPROVING THE LANCASTERSHIRE JOINT VENTURE OFFICE/
RETAIL PROJECT AS AN ACCEPTABLE COMMERCIAL PROJECT WITHIN THE
ELIGIBLE BLIGHTED AREA.
WHEREAS, the Lancastershire Joint Venture office/retail project at the south-
west corner of Tenth and Broad Streets in Wichita Falls will contribute signifi-
cantly to redevelopment objectives in the eligible blighted area, as defined by
the Wichita Falls Board of Aldermen, and is in furtherance of public purposes ,
as defined by the Development Corporation Act of 1979, as amended; and,
WHEREAS, such project will contribute to the economic growth of Wichita Falls
by increasing employment opportunities, increasing the tax base and promoting
commerce with the City; and,
WHEREAS, such project is an acceptable commercial project of the office and
retail type.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The City of Wichita Falls approves the Lancastershire Joint Venture office/ iW
retail project as an acceptable commercial project within the eligible blighted
area.
Moved by Alderman Thomas that Resolution No. 2901 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays : None
i
183
Item 5b
A proposed resolution was presented approving and authorizing the City
Manager to execute a contract with Community Action Corporation for the meals-
on-wheels program. The contract period was corrected to expire on September 30,
1982.
RESOLUTION NO. 2902
✓ RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION
CORPORATION CONCERNING THE MEALS-ON-WHEELS PROGRAM.
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 Community Action Corporation of Wichita Falls and
North Texas Area, concerning the Meals-On-Wheels Program which is operated
by the Community Action Corporation, is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Thomas that Resolution No. 2902 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and
Boston
Nays: None
Item 5c
A proposed resolution was presented approving and authorizing the City
Manager to execute a contract with Community Action Corporation in support of
neighborhood action groups. Alderman Russell confirmed that the Benito Juarez
Group is not included in this program.
RESOLUTION NO. 2903
RESOLUTION APPROVING AND AUTHORIZING THE .CITY MANAGER
TO EXECUTE A CONTRACT WITH THE COMMUNITY ACTION
CORPORATION CONCERNING NEIGHBORHOOD ACTION GROUPS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
That certain contract, a co.py 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.
Moved by Alderman Thomas that Resolution No. 2903 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays : None
Item 5d
A proposed resolution was presented approving and authorizing the City
Manager to execute an amendment to the agreement with George Sugarman for a
sculpture at Bellevue Park.
184
Item 5d, cont'd.
i
RESOLUTION NO. 2904
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDED AGREEMENT WITH GEORGE SUGARMAN FOR A
SCULPTURE FOR BELLEVUE PARK.
WHEREAS, on October 20, 1981, the Board of Aldermen adopted Resolution No.
2873, approving a contract with George Sugarman of New York City for the creation
of a sculpture to be placed in Bellevue Park to commemorate the City's 100th
Anniversary; and,
WHEREAS, Mr. Sugarman has requested a number of changes in the contract
approved by Resolution No. 2873, and the Board of Aldermen have no objection
to the proposed changes.
NOW, THEREFORE, 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 George Sugarman to design, create and install such
sculpture, is hereby approved in lieu of the contract approved by Resolution
No. 2873, and the City Manager is authorized to execute the same.
Moved by Alderman Thomas that Resolution No. 2904 be passed.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill , Alderman Hampton, Russell , Smith, Thomas and Boston
Nays: Alderman Shearman
Items 6a & b
The Board of Aldermen went into executive session at 8:40 A.M. to discuss
personnel . When the meeting resumed, the following action was taken.
RESOLUTION NO. 2905
RESOLUTION SHARING IN THE APPOINTMENT OF A MEMBER TO THE
WICHITA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS.
THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
Lee Williamson is hereby appointed on a temporary basis as the member of the
Wichita County Appraisal District Board of Directors to represent the City of
Wichita Falls subject to confirmation of the Wichita Falls Independent School
District.
Moved by Alderman Thomas that Resolution No. 2905 be passed, appointing
Lee Williamson as a temporary member of the Wichita County Appraisal District
Board of Directors until such time as the City and Wichita Falls Independent
School District can determine a joint appointee.
Motion seconded by Alderman Smith, and carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas , and
Boston
Nays: None
Moved by Alderman Thomas that Max Andrews be appointed to the Clean Community
Commission, for a term to expire December 31, 1983.
Motion seconded by Alderman Boston, and carried unanimously.
Moved by Alderman Thomas that Carol Russell , John Hampton, and James B. Thomas
be appointed to the Ad Hoc Sculpture Review Committee.
Motion seconded by Alderman Smith, and carried unanimously.
185
i
Items 6a & b, cont'd.
Moved by Alderman Thomas that Bob Haley be appointed to the Aviation
Advisory Board for a term to expire December 31, 1981 , and that Don Oliver
also be appointed, for a term to expire December 31, 1982. (Replacing
Charles Thomas and Lee Grace) .
Motion seconded by Alderman Smith, and carried unanimously.
The Board of Aldermen adjourned at 9:15 A.M.
y �
PASSED AND APPROVED this day of 1981.
Mayor
ATTEST:
City Clerk
9
MEA
PROPOSEDLS-ON-WHEELS
CONTRACT ELEMENTS
This contract
A . CONTRACT
PARTIES
is entered into
Falls, Texas between
the City of
a municipality, as Wichita
contr ,
to as City, an actor, hereinafter
d the Co mmunity Action C referred
and North Texas Area, Broad Corporation
602 of Wichita Falls
Private, non- ad Street, Wichita
Falls , Texas a
referred to , as contract
as CAC, ee hereinafter
B CONTRACT
This contract PERIOD
and
Period commences expires the 30th day of Se the 1st day of October,
September lgg2 1981 ,
C. CONTRACT
PURPOSE
The purpose of this contract is to set
agreed to between forth the
te
conditions rms and
carrying out the Me the City and CAC for the als-On-Wheels,
purPose of
Program within the hereinafter refer
city limits of the City of Wichita
to as MOW,
Chita Falls, Texas.
D• CONTRACT
1 CAC SERVICE PERFORMANCE
agrees
clients to Prepare and
approxim to home deliver to
atelY One ten eligible MOW
balanced noon meal (110
hot , '
s each Monday thro nutritiously contract period, ugh Friday throughout
Y
the
2• CAC
agrees to abide b
lished by the Y the eligibilit
Tex Y criteria estab-
as Department of Human Resources,referred to
as TDHR, in selectin urCeS' hereinafter
recipients, g and certif
Ying eligible program
3• CAC
agrees to maintain
by TDHR• client confidentiality as provisioned
4• CAC
agrees to utilize a
to prepare Part-time nutritio
and analyze menus n consultant
MOW kitchenand to make
, and to submit monthly reviews of the
a
5. CAC to CAC the review findings.
agrees to maintain as specified b operational
Y TDHR and CAC' and fiscal records
Services Administr s Parent organization,ganization Community
hereinafter
referred to as CSA.
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CAC agrees
E. CONTRACT REPORTS
1 •
and reports to maintain, prepare 2. CAC as required by TDHR and CSA and disseminate records
agrees to
reports furnish
at the stated City a copy of
the
intervals : following
a. TDHR For
Of
monthl m 4116, State
Y, ten Texas Purchase(10) working days following e Voucher;
month (Attachmentlowing th
I) , last day of each
b. State of
Texas Department
2014, of P
Purchased Services Public
Ices Ex Welfare, Form
workingpenditure
days following the last dayReport ' monthly, ten (10)
Monthly, c TDHR Form 290-C, Month of each month (Attachment II
ten Monthly Service De ) '
(10) working livery Summary;
(Attachment g days following the
III) , last day of each month
d' Report
Showing the ten (10) world number of
working days followin l meals served; monthl
g the da y,
e Financial statement s ast y of each month,
status monthly, showing
MOW
month. ten ng days following
the current
Of each (10) world financial
last da
3• CAC Y
agrees to Providey a
kitchen Cit
supplier current list of food and
s used by CAC
and to submit to City update in administering the MOW r
d information p °gram
working days following the la n each m°nth within
4 last n ten (10)
day of
CAC agrees each month to advise Cit h (Attachment IV
that leave the Y monthly of the )
MOW program• number of Prot The clients
Protected in privac
accordance y of the clients will be
with format is presented on Attachment TDHR regulations• The re
chment V porting
Of clients who leave the pro and will
include the number
the age, ethnic identity and the reason for terminating and
be submitted to Citynd Sex of
the client .
the by CAC within This report will
last day ten (10) work '
of the month, ing days following
5• CAC shall not
dissemination be held responsible for
ation the protection
of information which TDHR elects to release to City
F• CONTRACT .
CAC
1 . FISCAL CONTROLS
shall be res AND AUDITS
ponsible for the
fiscal management of the
-"OW Program.
tained by CAC lianagerial and 2 Comptrollerhis/her fiscal accounting records .vill be main_
or
Or designee.
of and CAC shall be the
the MOW program. authorized audit agencies
3.
Of the c The program will be audite
The
d annually follocvin
by TDHR and g the Procedure and close
schedule of or CAC and shall follow the
4 .
TDHR, audit
as Set The program will be subject
5 , forth in CSA regulations, to CSA audit requirements
A COPY of all audits Performed
submitted to med °n
City
the MOW pro
by CAC. Y within ten (10) worldng d gram will be
days following receipt
6• All audits
Will be reports, or data
Prepared maintained arising from the MOW Pro
Purposes of the and disseminated gram
Program intent . Program. Use for any other for operational
means will violate
G. ACCESSIBILITY OF RE
CAC
shall give the `!CORDS
'-RDS
access to City, through it
and right s authorized re
to examine all Prese
documents relating to this records, books, Papers, ntative ,
contract . s, and
H. CONTRACT PAYMENTS MENTS
agrees to reimburse se
thiscontract at the rate CAC each month during the
monthly Program costs, but of thirty percent (30o term of
reflected on TDHR not to exceed )00 per of the total
form 4116
$18, 845• Year
executed by CAC to
of Texas as
and TDHR, Purchase Voucher
CAC within t Said Payments )
en (10) working dayswill be delivered
to
the executed
° City by CAC of from e of presentation
the date
TDHR
Form 4116.
I • RECAPTURE OF FUNDS
CAC shall be liable to
Paid by the City.
CAC shag the City for all funds adva
money whichl forthwi th need or
i pay to
s either unspent or not the
With the terms o spent strictly City any sum of
f this contract . rlctly In accordance
• -4-
J. CAC CONTACT
Matters relating to the fiscal and managerial elements of
the biOW contract will be referred directly to the Executi%,e
Director of CAC.
K. CONTRACT DISCLAIMER
This contract supersedes all previous contracts. No changes
thereto to the MOW �'
Program shall be made and/or demanded without
the joint written consent of CAC and City.
L. TERMINATION OF CONTRACT
It is mutually agreed between the
Parties that this contract
may be terminated by either party upon thirty (30) days writte notice to the other n
party.
Executed this
--__day of
between CAC and City, 1981 , by and
at Wichita Falls, Texas .
ATTEST:
ATTEST:
STATE OF TEXAS X
COUNTY OF WICHITA Y
This agreement made and entered into as of the 1st day
of October, 1981 by and between the City of Wichita Falls ,
Texas , hereinafter called City, and the Community Action
Corporation of Wichita Falls and North Texas Area, hereinafter
called C .A.C . ,
WITNESSETH:
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREIN CONTAINED, the parties do hereby agree as
follows :
a
$ grees to disburse funds in the amount of
1 , The City
14 400 on October 1 , 1981 , to the C .A.C . on a one-time basis for
� eration of neighborhood
equipment and activities supporting the op
groups within Wichita Falls , and upon proper execution of all
terms in this contract , the C .A. C. shall be eligible for an
additional appropriation of $9 ,600 . These funds can be used
only for the following list of eligible expenditures :
- Operation, maintenance , and improvement of the
neighborhood centers ,
Emergency assistance provided under a program or
programs pre-approved by the City' s representative,
Recreational and educational programs for the benefit
of neighborhood residents,
Improvement of neighborhood areas provided under a
program or programs pre-approved by the City' s
representative,
- o and from Neighborhood Center meetings
Transportation t
and activities,
Transportation for educational or recreational purposes .
- Community meals..
2 . Each appropriation amount ($14 , 400 - October 1 , 1981
and $9 ,600 after April 1 , 1982) shall be divided among the six
s recognised by the C .A.Q . and the City in six
groups neighborhood � p schedule :
equal parts as designated in the following
Disbursements
Oct . 1 ,
1980 April 1 , 1981
$2 , 400 . 00 $1 , 600 . 00
A. East Lynwood Neighborhood Action Group 400 . 00 $1 , 600 . 00
�2 ,
B . Scotland Neighborhood Action Group $2 , 400 . 00 $1 , 600 . 00
C . Eastside #1 Neighborhood Action Group $2 , 400 00 $11600 . 00
D. Eastside #2 Neighborhood Action Group
ou $2 , 400 Q0 $1 , 600 . 00
E . Northside Area Neighborhood Action Group 400 . 00 $1 , 610 . 00
$Z ,
F . Southside Neighborhood Action Group $14 , 400 . 00 $91600 . 00
TOTAL
3 , Method of Disbursement and Evaluation for each center ' s
A. C .A.C . will establish a record sheet
allocation.
A detailed posting will be made for each expenditure ,
and a running daily balance will be shown.
Only those expenditures made by authorization of a
g , y v f u�
.purchase req
uisition submitted before committing or obligating an,
' s chairperson or authorized representative shal
by the grou p
be allowed.
The City is authorized to inspect all records and
C . which are
reflecting expenditures made from these funds ,
books u on immediate
kept by the C .A.C . and/or each neighborhood group, P
to inspect such records . The City is authorized
notice of intent neighborhood groups
to inventory the equipment purchased by the
t at the neighborhood facility
or center , such
which must be kep
considered to be the City' s property and available
equipment to be rams and
for center use so long as active and viable center programs
activities are provided.
equisitions may only be submitted on items
D . Purchase r
included in the approved neighborhood budgets .
E . C
.A.C . will see that all items included in the neigh-
borhood budgets will be purchased and that no reallocation of
resources will occur .
In the event that there are remaining funds after
F . said funds
specific line items have been purchased or extended,
-may be requested J-
_ted to be used for other purposes as submitted to and
approved by the City' s representative .
prepared
and
G . City shall first approve the budgets
neighborhood groups
submitted to the City tanager ' s Office by
the neiT�
and shall require that C .A.C . spending of City funds meet the
q s and be in accord
needs determined by the Neighborhood Action Group
with eligible expenditures set. forth in paragraph one above .
P er ' s Office with a
provide the City Manag
4 . C .A.C . will p the
report which shall include ,
re but not be limited to ,
quarterly P
following: rams and
A. Impact of City funds on neighborhood programs
activities . neighbor-
B . Nu
mber of pers ons being served at each of the
hood centers .
C . Percent of City money already spent and balances
remaining -
D. Purposes for which funds expended.
All groups will use a standardized reporting format approved by
the City . Manager ' s office not
Quarterly reports will be due in the City
later than: 1982
1st quarter:
January 8 ,
2nd quarter:
April 9 , 1982
3rd quarter:
July 9 , 1982
4th quarter:
October 8 , 1982
Failure to faithfully perform any of these covenants
S . Fa C .A.C . shall
will be grounds for cancellation r this agreement ,ersonal service
be notified in writing by registered mail or by p
breach of such covenants ; and if such breaches are not
of any such t of such notice
corrected within a reasonable time following
receipt
City may declare this contract null and void.
IN WITNESS WHEREOF , the parties hereto have caused this agreeme�
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to be executed as of the day and Nrear first above set out .
CITY OF WICHITA FALLS
BY:
Stuart A. Bac City Manager
ATTEST:
City Clerk
COMMUNITY ACTION CORPORATION
WICHITA FALLS AND NORTH TEXAS AREA
BY:
APPROVED AS TO FORM:
City Attorney
_ 11/5/81�r�
On this 20th day of October, 1981, the City of Wichita
Falls, Texas (hereinafter referred to as the City) and
George Sugarman (hereinafter referred to as the Artist) ,
an individual whose address is 21 Bond Street, New York City,
New York 10012 do hereby mutually agree as follows:
ARTICLE 1. Definitions
(A) Commission means the Wichita Falls Arts Commission.
(B) Contracting Officer means the City Manager of the City
of Wichita Falls or his duly authorized representative.
ARTICLE 2 . Scope of Services
(A) The Artist shall perform all services and furnish all
supplies, material and equipment as necessary for the design,
execution and installation of a sculpture to be placed in
Bellevue Park. The Artist shall execute the work in an
artistic, professional manner and in strict compliance with
all terms and conditions of this contract.
(B) The theme of the sculpture shall be based on a crape
myrtle or an alternative theme approved by an ad hoc
committee comprised of the Commission and three members of
the Board of Aldermen, City of Wichita Falls.
(C) The Artist shall submit to the City a model of the
proposed sculpture of size ratio not less than one-eighth
inch equal to one foot and transport the model to Wichita
Falls not later than March p, 1982 . The cost of trans-
porting the model shall be at the Artist ' s expense. The
model, if and when accepted by the ad hoc committee as
provided for in this Article, shall become the property of
the City of Wichita Falls.
(D) The work shall be of materials and of size mutually
acceptable to the Contracting Officer and the Artist.
(E) The Artist shall furnish the following to the City:
(1) Three 35mm slides of the finished
sculpture.
(2) Three 8 x 10 color photos of the finished
sculpture.
(3) Monthly progress reports.
ARTICLE 3. Changes
(A) The Artist shall make any revision necessary to comply
with such recommendations as the Contracting Officer may make
11/5/81
for practical (non-aesthetic) reasons , so long as they do
not destroy aesthetic validity.
(B) Any changes made by the Artist after submission of
the model must be approved by the ad hoc committee.
ARTICLE 4 . Inspection and Care
(A) The Artist shall furnish facilities for inspection of
the work in progress by authorized representatives of the
Contracting Officer. The City will contact the Artist in
advance to arrange a mutually convenient time for such
inspections.
(B) The Artist shall be responsible for the care and
protection of all work performed by him until completion
of the installed work and acceptance by the Contracting
Officer. The Artist shall repair or restore any work damaged
prior to its acceptance by the Contracting Officer.
ARTICLE 5. Time for Completion
The Artist shall have the completed work in place by July 1 ,
1982 , unless a time extension is granted by the Contracting
Officer and approved by the National Endowment for the Arts.
ARTICLE 6. Ownership
(A) The model and sculpture produced under this agreement
shall be the property of the City of Wichita Falls.
(B) The Artist shall neither publicly exhibit the final
work nor shall he make exact reproductions or reductions of
the finished work except by written permission of the
Contracting Officer.
ARTICLE 7 . Submission of Model
(A) Upon completion of the model required in Article 2 (C)
of this agreement, the model will be submitted to the
ad hoc committee.
(B) The Artist will accompany the model to the City of
Wichita Falls to consult with the ad hoc committee on a
date mutually agreed on between the Artist and the Contracting
Officer.
(C) Within 15 days after submission of the model, the
Commission and the ad hoc committee will notify the Artist
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11/5/81
in writing of the approval or rejection of the proposed
design.
(D) In the event the design and any other agreed upon
alternative designs are rejected, this agreement shall be
terminated.
(i) The City shall reimburse the Artist for
reasonable expenses incurred and a reasonable amount for
labor expended in the development of the model, but such
reimbursement shall not exceed $10, 000.
(ii
mutual agreement) ofNthetCityoanditheor rArrtist. may be s opened by
no expense, however, to the City of Wichita Fallsrunlesslabe
separate agreement is executed.
(E) In the event the proposed design is approved, the
Artist will be notified in writing to proceed with fabri-
cation of the full scale sculpture.
ARTICLE 8 . Fee and Payment
(A) In consideration of the Artist ' s
ance
services required by this contract, the eCity mshallopayhthe
Artist a fixed fee not to exceed $100, 000 .
The fee shall be paid in installments as follows:
(1) One-third ($33,333. 33) upon approval of
the model as required by Article 2 (C) .
(2) One-third ($33, 333. 33) when 500 of
fabrication is completed and so certified
by the fabricator.
(3) Remainder, less $10, 000, when fabrication is
(4)
fully completed and ready for transport.
$10, 000 when erection on site is completed
and sculpture is accepted by City.
(B) The sum of $100, 000 shall include all costs for the
sculpture including but not limited to the Artist ' s work,
his commission to his agent, materials and fabrication
expense, insurance, cost of performance and maintenance
bonds, transportation to Wichita Falls, permanent erection
at the Bellevue Park site, and the Artist ' s travel to Wichita
Falls to supervise the erection of the sculpture.
(C) Upon payment of the fourth installment, the Artist agrees
to execute a bill of sale for the finished sculpture to the
City of Wichita Falls.
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11/5/81
ARTICLE 9. Travel
All travel by the Artist and be necessary for ro his agents or employees as may
ct isrincludedaine e the services required
under this contraOf Article 8 of this agreement the amount set out in
cost to and shall be at no additional
the City of Wichita Falls.
ARTICLE 10. Responsibility of the Artist
(A) Neither the Cit
nor payment for yes review, approval or acceptance
contract shall be construed
to
oy of the rovices required under this
of,
rights under this contract or of any
as a waiver of hany ing out of the performance of y cause of action aris-
shall be and remain liable to the city and the
City in accordance with applicable Y for all damageSrtosthe
City
the City law for all damages caused
the negligent
performance of any of
agreement.
(B) The right and remedies of this agreement are in addition the City provided for
remedies to any other rights under
provided by law, ghts and
provid
(C) The Artist guarantees all work to
or inferior materials and workmanshipor year after
free from
the date of final acceptance by.
for one y defects
year the ContractingY the Cit
Officer finds the work
lf within one
repair because of defective material or in need of
Artist shall without additional ex �`'orkmanshi
promptly and satisfactorilyexpense to p� the
make the necessary y City,
repair.
(D) In the event the Artist unable to complete the becomes incapacitated or
rtist
guarantees that the hesculpture for any reason is
With this contract b sculpturewill be completed�inhaccordance
If Artist should diet another artist of comparable ability.
Artist 's estate shall
before the sculpture is completed.
guarantee such completion. Pleted.
(E) The Artist shall provide to the
an engineer's report on the sculpture by
anengineer
acceptable to the ContractingContracting Officer .
y an engineer
Officer.
(F) The Artist shall, ninety (90) da
anticipated arrival of the sculpturerior to the
in
Wichita Falls,
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furnish the Contracting Officer with specifications
preparation at Bellevue Park,xceed PeclLlcations
Spec — shall It is anticipated that osuch
te
with more than four reinforced provision Of
for securing a level surface
g the sculpture. The Of with bolts
shall be at the expense of the Cost oI site
City of Wichita Fails .(G) In order to pave the wa
reception of the y for a favorable
coordinate a sculpture the Commission public
Program of public information to
The Artist agrees to make and education,
the news media himself reasonably available to
while in the City of Wichita Falls.
ARTICLE 11. Suspension of Work
(A) The Contractin
to suspend all g Officer may order the Artist
time as °r any Part of the work for in writing
city may determine to be appro riate such period of
Of the y,
P for the convenience
(B) If the Contractin
work as provided in g Officer orders the Artist
be made for an (A) of this Article to suspend
contract y increase in cost of an adjustment shall
necessarily caused b an
of this
y such suspension.
ARTICLE 12. Maintenance of Records
(A) The Artist agrees to keep
including time sheets and travvelo vouchers nd accurate records,
economy) of all time and expenses allocated to travel must be
the
Of services under this agreement.
in the offices of the Artist and shall records performance
the Contractingbe made available ll be kept
These records Officer for inspection and co to
to the well be made available as COPY upon re
Commission, to the Cit Well for quest.
Department of y Of Wichita audit
De the Labor, to the National Falls
Comptroller General of the Endowment for duly authorized representatives e United States or the Arts,
three years after will any of their
permission to destroy expiration °f co retained for
them is this contract unless
Falls, granted by the City of Wichita
ARTICLE 13 . Equal Opportunity Clause
During the performance of this contract,, the Artist agrees as
(A) The Artist will not
or applicant discriminate against
for employment because of race any employee
color, religion,
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sex °r national
action n ensureorigin, The Artist
employees are that applicants ��111 take
treated are employed a�firmative
their race, color during ems r and that
action rel= , se ,lOyment, without regard
shall include, g1On ' °r national to
employment, upgradingbut not be limi+- origin , Such
or recruitment ' demotion limited to the following:
Of Pa recruitment
advertising; or transfer•
layoff or ; recruitment
training, Other forms of terminatio inc,
compensation; and n; rates
post in cons g apprenticeship, selection for
applicants Plcuous places available The Artist
,contracting for employment agrees to
g Off' notices to employees and
Equal lyeClsetting forth the proo be pisioaSdobY the
OPPortunit
(B) this
for The Artist will, in all
employees solicitations or
that all Placed by or on be"alf advertisements
for employ,
pplicano ,
plo , a wil� of the Artist
or national without re receive consideration
origin, Bard to race, color, religion,gion, sex
(C) The Artist
Of workers will send to
with which has each labor ion
ment or other he a collective nbar or representative
Provided b contract or understandin
Y the Contractin gaief to gree-
be
union or workers ' g Officer, g' a notice, to
under this q O Presentative of,theVertising the labor
re
Of the notice Equal
PPortunity Clause Artist 's commitments
applicants forons Y and shall
an post
a emploumentPlaces available to Copies
(D) employees
Order No. Artist will comply 11246 of Septepbe.rwith all provisions
Order No. 11375 of 24 , 1965, aS Of Executive
regulations October 13 1967 amended b, and relevant and of the rules,Executive
orders of the Secretary of
(E) The Artist Labor.
required b will furnish all
as amended by ExecOrder No, information and
y Executive Order 11246 reports
and by the rules P1o. °f September 24,
Of
Labor regulations, and11375 of October 13 1965,
his Or or Pursuant thereto orders of the 1967,
records, and and will secretary
Of Labor for accounts b Permit access to
With such PureoSes of investigatiohe City and the Secretary
rules gulati.o to ascertain
re n tain compliance
(F) In ns, and orders, pliance
the event
Opportunity Clauseof the Artist 's
rules Of this noncompliance with
eemen
terminated. or1Ons' or orders, this t or with an the Equal
suspended this Or y of the said
Artist may be declared ineln whole or may be cancelled,
contracts, in accordance ineligible In part, and the
Executive with for further government
Order No, 11246 of Procedures authorized in
September 24 , 1965 , as amended
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by Executive Order No. 11375 of October 13 , 1967 , cr b,.-
rule, regulation, or order of the Secretary of Labor, cr
as otherwise provided by law.
ARTICLE 14 . Agreement Non-assignable
This agreement shall not be assignable by either the Artist
or the City.
ARTICLE 15 . Texas Law to Apply
This agreement in no way affects the Artist ' s obligation
to comply with all applicable law, ordinances , and codes of
the Federal, State and local governing bodies. All questions
arising under this agreement shall be construed and resolved
with the laws of the State of Texas.
ARTICLE 16 . Time is of the Essence
Time is of the essence in this agreement.
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS INSTRUMENT
TO BE EXECUTED DAY AND YEAR FIRST ABOVE WRITTEN.
CITY OF WICHITA FALLS , TEXAS
BY:
�HA�. BaOh, City Manager
ATTEST:
City Clerk
"fq
eorge ugarman
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