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Min 01/05/1982 224 Wichita Falls, Texas Memorial Auditorium Building January 5, 1982 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 Gel,e Shearman Carol G. Russell Curtis W. Smith Aldermen 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 John W. Hampton Absent The invocation was given by Jim Hance, Edgemere Church of Christ. Item 3 Moved by Aldermen Shearman that minutes of the meetings held December 15 and 22, 1981, be approved. Motion seconded by Alderman Russell , and carried unanimously. Items 4a - 9b Items 4a, 6b, and 9b were moved to the regular agenda. Moved by Aldermen Thomas that the remaining items on the consent agenda be approved. Motion seconded by Aldermen Shearman. Item 4b ORDINANCE NO. 1-819- AN ORDINANCE CLOSING AND ABANDONING GRACE STREET BETWEEN 22ND STREET AND MCGREGOR STREET, AND RETAINING A UTILITY EASEMENT. Ayes: Mayor Hill , Aldermen Shearman, Russell , Smith , Thomas and Boston Nays : None Item 5a RESOLUTION NO. 1-82 RESOLUTION CHANGING CERTAIN ELECTION OFFICTALS FOR THE TRANSFER STATION SPECIAL ELECTION TO BE HELD JANUARY 16, 1982 WHEREAS, Resolution No. 2919 named the election officials and polling places for the transfer station special election to be held January 16, 1982; and, WHEREAS, some of the officials so named will be unable to act, and it is necessary to replace them. 225 Item 5a, cont'd. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The following named persons shall serve as election officials at the January 16, 1982 election, in place of the persons named in Resolution No. 2919. In City Box 15, County Precincts 18, 42 and 46, Mrs. W. L. Voyles shall serve as judge. In City Box 17, County Precincts 20 and 22, Mrs. Guillermo Garcia shall serve as judge, and Mrs. Hattie F. Box shall serve as alternate judge. In City Box 20, County Precincts 30 and 51, Mrs. Dorothy D. Saxon shall serve as alternate judge. Ayes: Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays : None Item 5b RESOLUTION NO. 2-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO INTERGOVERNMENTAL PERSONNEL ACT CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, the City of Wichita Falls has entered into a contract with the Texas Department of Community Affairs for the development of an entry level firefighter selection process, and it is in the best interests of the City to extend the contract deadline from December 31, 1981 to February 28, 1982. 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 a contract amendment with the Texas Department of Community Affairs extending the contract deadline from December 31, 1981 to February 28, 1982. Ayes: Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays: None Item 5c RESOLUTION NO. 3-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH THE TEXAS STATE COMMISSION FOR THE BLIND. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and The Texas State Commission for the Blind whereby the City furnishes a coffee shop area and the Commission furnishes and installs equipment to provide for a coffee shop and for intermission at shows in Memorial Auditorium, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Ayes: Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays: None Item 7 Minutesof the meetings of the following boards and commissions were received. a. Traffic Commission - September 15, 1981 b. Planning Board - December 9, 1981 226 Item 7, cont'd. c. Plumbing Advisory Board - December 10, 1981 d. Traffic Safety Council - December 2, 1981 e. Park Board - December 17, 1981 Ayes: Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays: None Item 8a Authority was granted to advertise for bids for the Jasper Street water treatment plant project. Ayes: Mayor Hi 11 , Al dermen Shearman, RUSsel 1 , Smi th, Thomas and Bos ton Nays: None Item 9a A public hearing was set- for February 2, 1982, on the application for Public Convenience and Necessity for a taxicab from Charles A. McMillan. Ayes: Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays: None Item 4a A proposed ordinance was presented amending the plumbing code of the City of Wichita Falls. Alderman Thomas clarified certain questions concerning the pipe. Ernest Lillard explained that most of the people here have been using plastic pipe. We are not asking anything different. ORDINANCE NO. 2-82 AN ORDINANCE AMENDING THE PLUMBING CODE OF THE CITY OF WICHITA FALLS, TEXAS, PROVIDING FOR THE MATERIALS, SIZES, INSTALLATION AND SUPPORT USED IN CONSTRUCTING UNDERGROUND GAS SERVICE LINES FROM THE GAS MAIN TO THE GAS METER, PROVIDING FOR THE MATERIALS, SIZES AND INSTALLATION OF UNDERGROUND GAS PIPING FRO.',,l THE GAS METER TO THE BUILDING, REQUIRING GAS PIPE WELOING BE PERFORMED ONLY BY CERTIFIED WELDERS, PROVIDING FOR THE METHODS OF JOINTING POLYETHYLENE PIPE AND DECLARING AMENDMENTS TO BE EMERGENCY MEASURES EFFECTIVE UPON PASSAGE. Moved by Alderman Thomas that Ordinance No. 2-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays : None Item 6a Discussion was held on the one bid received for a lime slaker for the Jasper Street water plant. Alderman Thomas asked how we know that it is a good bid? Joe Smith, Director of Public Utilities, stated that it was compared to last year. Alderman Thomas asked if we could make space modifications for less than this amount? Joe Smith stated that he checked with other cities on comparable equipment, and they are paying the same amount. He felt it would be more expensive to make the modifications. Alderman Thomas stated that he thought that Mr. Smith should find out the cost of equipment manufactured by other companies. Moved by Alderman Shearman that this iterri be tabled until the next meeting so that cost figures can be made available to them. Motion seconded by Alderman Thomas. 227 Item 6a, cont'd. Alderman Russell asked about delivery time of equipment. Joe Smith stated that it takes about fourteen weeks. Two more weeks won't mak& that much difference. The motion was carried unanimously. Item 9b Discussion was held on authorizing payment to Joe M. Nall for additional work performed on the Lone Star Gas Company rate case. Alderman Shearman asked if we had a contract with Mr. Nall ? The City Manager stated that we do, but it does not include these costs attributable to the gas company' s leak detection program, and lost and unaccounted-for gas. These additional costs are in the amount of $1,996.63. Alderman Shearman expressed his opposition to these costs when it was learned that the citizens of Wichita Falls will be paying for this study through a surcharge from Lone Star Gas Company. Moved by Alderman Thomas that additional payment be authorized to Joe Nall and Associates , Inc. , in the amount of $1 ,996.63. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Hill , Aldermen Russell , Smith, Thomas and Boston Nays: Alderman Shearman Item 10a Paula Jo Mann, an employee of the Police Department, was honored as Employee of the Month for January. Mayor Hill presented her with a plaque and two tickets each to a theatre and dinner. Item Ila A proposed ordinance was presented appropriating .funds in the amount of $55,000 for the purchase of a 1,000 gallon-per-minute combination pumper for the Fire Department. ORDINANCE NO. 3-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3-82 be passed. Motion seconded by Alderman Boston, and carried unanimously. Item 11b A proposed ordinance was presented appropriating funds in the amount of $32,462.00 for the purchase of a replacement sanitation truck damaged in, an accident. Alderman Shearman asked why we don' t insure these vehicles? Alderman Thomas explained that experience has proved that our costs to repair are less than paying the premiums which they would have paid. Alderman Shearman stated that it had not been long since he had asked for $50,000 for sirens for protection of our citizens, and was told we did not have the money. The City Manager stated that this is a contingency fund, and the Council can appropriate what they want to from this fund. 228 Item 11b, cont'd. ORDINANCE NO. 4-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 4-82 be passed. Motion seconded by Alderman Russell , and carried by -the following vote. Ayes : Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays : None Item 12a A proposed ordinance was presented removing the paving assessment and liens from the 1981 Community Development paving program. The City Manager explained that the City has to put up the total amount of the money, and part of it would be reimbursed, but we will not be reimbursed for this now. ORDINANCE NO. 5-82 ORDINANCE REMOVING ASSESSMENT AND LIENS FROM THE 1981 COMMUNITY DEVELOPMENT PAVING PROGRAM. Moved by Alderman Thomas that Ordinance No. 5-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays : None Item 12b 4 Discussion was held on a proposed ordinance waiving certain ordinances to allow a citizen to expand his business on Lots 9, 10 and 11, Block 46, Southland Addition. The deed restrictions limnit this addition to single family residences, churches, and doctors ' offices. ORDINANCE NO. 6-82 ORDINANCE WAIVING ORDINANCES 3457, 3647 , 3648 and 3699 AS TO ONE TRACT OF LAND. Moved by Alderman Smith that Ordinance No. 6­82 be 'Passed. Alderman Shearman asked are we not opening a bag of worms in this matter? The City Manager stated that enforcement was done basically in Faith Village. Alderman Shearman noted that evidently the deed restrictions have been broken before. The City Manager stated, that people in that subdivision can still take these people to court for enforcement of deed restrictions. Alderman Smith stated that with no zoning here, he does not feel we can hold things down. Aldermen Thomas and Shearman both stated that this is the very reason we should enforce these ordinances. Dickie Dixon, 2200 Marshall Street, appeared as ,owner of the business involved. He stated that their family has been on this property since 1918. Dixon Sign Company was there first. Now his wife is there as Weddings by Jackie. He wants to add on to his building. Alderman Thomas stated that this puts other responsibilities on the Council ; it will be used against the Council . Mr. �Dixon noted that there are other businesses in that area, such as Kell Optical and Binswanger Glass. The City Manager stated that if this property is not used for business, it won 't be used for anything. 229 Item 12b, cont'd. Motion seconded by Alderman Shearman. Mr. Dixon stated that he has improved the property. He had to put up a privacy fence behind them because it is so trashy. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Russell , Smith and Boston Nays : Alderman Thomas Item 13a A proposed resolution was presented approving a contract with First Step, Inc. for purchase of property at 2172 Avenue I for a shelter. RESOLUTION NO. 4-82 A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH FIRST STEP, INC. WHEREAS, First Step, Inc. has requested funds to purchase a property for a shelter; and, WHEREAS, the Board of Aldermen has previously approved funds for First Step, Inc. in 1979-80 and 1980-81. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CIT Y OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and First Step, Inc. of Wichita Falls , 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. 4-82 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , Smith and Thomas Nays: None (Alderman Boston abstained from voting on -the basis that he is serving as Chairman of the Board of Directors of First Step, Inc. ) Item 13b A proposed resolution was presented authorizing the City Manager to execute a contract with Bob's Communication Service for radio equipment. RESOLUTION NO. 5-82 RESOLUTION APPROVING CONTRACT WITH BOB'S COMMUNICATION SERVICE FOR RADIO AND RELATED EQUIPMENT MAINTENANCE. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, That certain contract, a copy of which is attached hereto, between the City and Bob Brown, d/b/a Bob's Communication Service, providing for radio and related equipment maintenance, 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. 5-82 be passed. Motion seconded by Alderman Shearman. Mayor Hill asked how we got locked into the position of, having only General Electric equipment? The City Manager stated that they probably bid low in 'the past. Dave Bennett, Assistant City Manager, stated that another bidder could provide service, but their prices are higher. 230 Item 13b, cont'd. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays: None Item 13c Discussion was held on a proposed resolution amending the water contract with Dean Dale Water Supply Corporation. The question was raised on whether this is all they are asking for? The City Manager stated that it is all for right now. They do not know about the future. Alderman Smith stated that as long as they have to come back to the Council for any changes, that will be our safeguards. It was noted that Hammond Property has about 1000 acres in that area. Paul Dowdy stated that five years ago when he started, he thought that all he would have to do would be to get permission from Dean Dale Water Supply. There are only four people wanting to tie on at -('-.his time. lie stated that he does not think the Hammond property will be subdivided anyway soon. If there are any, it will be on the property of these presently requesting water. Mr. Dowdy mentioned a six-inch line to Wilson Manufacturing Company. They are asking for a four-inch line for one small business , and three residences. He asked if Burkburnett 'is tied on to the City of Wichita Falls line? The Council stated they they are monitoring these requests , also. Mr. Dowdy stated that even though he lives in Clay County, he feels like he is a citizen of Wichita Falls because he makes his living here. Alderman Smith informed Mr. Dowdy that Wilson Manufacturing Company did pay for their line. RESOLUTION NO. 6-82 RESOLUTION APPROVING FIFTH AMENDMENT TO WATER PURCHASE CONTRACT WITH DEAN DALE WATER SUPPLY CORPORATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Fifth Amendment to Water Purchase Contract, a copy of which is attached hereto, between the City of Wichita Falls and Dean Dale Water Supply Corporation, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Shearman that Resolution No. 6-82 be passed. Motion seconded by Alderman Boston, and .carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , Smith , Thomas and Boston Nays : None Item 13d A proposed resolution was presented authorizing the City Manager to execute an amendment to the contract with ADLS Professional Services, Inc. , associated with the preparation of an entry-level firefighter selection process. RESOLUTION NO. 7-32 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO CONTRACT WITH ADLS PROFESSIONAL SERVICES, INC. FOR THE DEVELOPMENT OF AN ENTRY LEVEL FIREFIGHTER SELECTION PROCESS. WHEREAS, the City of Wichita Falls has entered into a contract with ADLS Professional Services , Inc. for the development of .an entry le�vel. fire-fighter selection process; and, 231 Item 13d, cont'd. WHEREAS, it is in the best interests of the City to amend this contract for a variety of reasons including extension of the contract deadline. 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 a contract amendment, a copy of which is attached hereto, with ADLS Professional Services, Inc. , for a variety of reasons including extension of the contract deadline. Moved by Alderman Smith that Resolution No. 7-82 be passed. Motion seconded by Alderman Russell . Alderman Shearman asked who Dr. Rod Cannedy is? The City Manager state'd that he is a clinical psychologist from Abilene. Alderman Shearman wanted to know why this contract directs us to pay him instead of ADLS? He feels we should deal with ADLS and let them pay him, or why don't we deal with Dr. Cannedy alone? The City Manager stated that we are tied in with ADLS. Ed Barrett, Director of Administrative Services, explained the reason for the sub-contracting. The City Manager stated that ADLS has some problems in coordination. We have paid them $7,000. Dr. Cannedy is the one member who has had a willingness to get it done on time. Alderman Shearman asked if we can get it done directly through Dr. Cannedy, and not ADLS? Mr. Barrett stated that we would have to go back through the process of the State getting it done by the deadline. It would take two to three weeks for this. The motion was carried by the following vote. Ayes: Mayor Hill , Aldermen Russell , Smith, Thomas and Boston Nays : Alderman Shearman Item 13e A proposed resolution was presented suspending operation of proposed fuel cost tariff schedules filed by Texas Electric Service Company and others for 120 days. RESOLUTION NO. 8-82 RESOLUTION SUSPENDING THE OPERATION OF PROPOSED FUEL COST FACTOR TARIFF SCHEDULES FILED BY TEXAS ELECTRIC SERVICE COMPANY, TEXAS POWER & LIGHT COMPANY AND DALLAS POWER & LIGHT COMPANY FOR A PERIOD OF 120 DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. WHEREAS, Texas Electric Service Company, Texas Power & Light Company and Dallas Power & Light Company did, on December 9, 1981, file fuel cost factor tariff schedules, to become effective January 13, 1982; and, WHEREAS, it is the opinion of the Board of Aldermen of the City of Wichita Falls that such schedules should be suspended for a period of 120 days from and after January 13, 1982 for further study, investigation, presentation of evidence and public hearings; and, WHEREAS, a copy of this resolution has been provided Texas Electric Service Company prior to its consideration by the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Pursuant to Section 43(d) of the Public Utility Regulatory Act of Texas , the operation of such proposed fuel cost factor tariff schedules is hereby suspended for a period of 120 days from and after January 13, 1982, for further study, investigation, presentation of evidence and public hearing. 232 Item 13e, cont'd. Moved by 'Alderman Thomas that Resolution No. 8.-82' be passed. Motion seconded by Alderman Smith. The City Manager stated that there are certain options which they want to pursue, and come back with a recommendation. Every customer of TESCO is faced with this. The motion was carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays: None Item 14a A proposed resolution was presented adopting a change order on the surface overlay program for Hooper, Kenley, Pasadena, Sullivan, and Wyoming Streets. Alderman Shearman asked how we could miss this amount by 885 tons , or 31 percent? Ernest Lillard, Director of Public Works , stated that they increased the depth of the street to take care of additional traffic loads which Hooper would handle. There were also problems with Pasadena and Wyoming. Alderman Shearman asked why this was not done originally? It looks like it is poor engineering. Mr. Lillard stated that the problems were not there when the original contract was awarded. Alderman Shearman asked if we had the problems worked out with Dircon? The City Manager stated that we did, at no additional costs. We will remove the asphalt, and we will help them roll in the new asphalt. Ernest Lillard stated that old asphalt cannot be used on new construction, but can be used to fill potholes . RESOLUTION NO. 9-82 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE SURFACE OVERLAY PROGRAM FOR HOOPER, KENLEY, PASADENA, SULLIVAN AND WYOMING STREETS. WHEREAS, the City of Wichita Falls and Dircon Corporation, as contractor, entered into a contract dated December 1, 1981, for the Surface Overlay Program for Hooper, Kenley, Pasadena, Sullivan, and Wyoming Streets; and, WHEREAS, Change Order No. 1 in the amount of $22,921.50 will increase the estimated contract price to a final value of $95,441.50. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order No. 1 to the contract dated December 1, 1981, with Dircon Corporation, a copy of which Change Order No. 1 is attached hereto, 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. 9-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Russell , Smith, Thomas and Boston Nays : None Item 15a Authority was requested to advertise for bids for a 1000 gallons per minute combination fire pumper. Moved by Alderman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Shearman, and carried unanimously. 233 I tem 16a Consideration was given to the request for purchase of a replacement sanitation truck, cab, and control unit in the amount of $32,461.75. It is proposed that the original purchase order be amended to include these items. Replacement is necessary because a truck was hit by a vehicle driven by a resident of the city. Moved by Alderman Smith that the purchase of a replacement truck, cab, and control unit be authorized in the amount of $32,461.75 and that it be added to a bid already awarded. Motion seconded by Alderman Thomas, and carried unanimously. The Board of Aldermen adjourned at 9:45 A.M. PASSED AND APPROVED this day of 4L,11- 1982. May6r ATTEST: City Clerk AMENDMENT I TO 1 -1 'OVERNME ENTAL PERSONNEL ACT CONTRACT TE,kAS DEPARTMENT OF COWIUAITY AFFAIRS AND THE CITY OF WICHITA FALLS, TEXAS STAiE OF TEXAS COUNTY OF TRAVIS SECTION 1. The Texas Departm2nt of Comirunity Affairs, an agency of the State of Texas hereinafter referred to as "Department" and the City of Wichita E_a_Lls- Texas hereinafter referred as "Contractor", do hereb, agree and contract to amend their original contract as initially executed by the Executive Director of the Department on January 2. 1981 for the performance of intergovernmental system design during the period of Jan._2_, 1 931_t�) Dec. 31, 1981 The total of all payments and other obligations in,-urred bv the Department as given in 3(d) of such contract were not to exceed $17,500.00 SECTION 2. The parties hereto agree to amend Section 111, Contract Period, -t identified above in SECTION 1. This Section III shall of such contra,. n ow, be modified to read as follows: This contract and agreement shall begin January 2, 1981 and shall terminate February 28, 1982. SECTION 3. -ties hereto agree that this amendment shall become effective The par this 31st day of December 1981. SECTION 4. The parties hereto contract ana agree that all the terms of the ,tract and all amendments thereto executed prior to the above named co -emain in effect and shall continue effective date of this amendment shall i to govern except to the extent that they conflict with this amendment. Nothing in th', amendment shall be construed as authorizing a violation of federal, state or local laws or regulations as they pertain to such con tract identified above in SECTION 1. By the signing of this amendment, the parties expressly understand and agree that this amendrient is hereby made a oart of the contract iderti- fied in SECTION I above as thouch it were set forth word for word therein. Page I of 2 dages 7,L�-D 4 �­.­77�­__ WITNLSS OUR HANDS THIS 31st day of December '1981. Signed: Stuart Bach, City Manager City of Wichita Falls, Texas Approved and accepted on behalf of the Texas Department of Community Affairs. Sidney M. Wieser Executive Director Texas Department of Community Affairs This contract is not effective until signed by the Texas Department of Community Affairs' Executive Director or his authorized designee. Pr Approval recommended: Division Director Legal Counsel Fr Fiscal Director PF Page 2 of 2 pages W2 STATE OF TEXAS COUNTY OF WICHITA This agreement made and entered into this the day of January, 1982 , by and between the City of Wichita Falls, Texas, hereinafter called City, and the Texas State Commission for the Blind, hereinafter called Commission , WITNESSETH: FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, the parties hereto do hereby agree as follows: 1. Commission agrees to furnish and install vending machines and equipment in sufficient quantity for the sale of soft drinks , coffee, candy, snacks, food, cigarettes and sundry items at the City' s discretion in the coffee shop in Memorial Auditorium Building, 1300 Seventh Street, Wichita Falls , Texas. Commission further agrees to furnish soft drinks, candy and snacks at Memorial Auditorium during inter- missions in shows being held therein. This contract shall be for a two year period, commencing the date of its execution, and expiring on December 31, 1983 . 2 . Commission shall maintain and service vending machines on a daily basis or more often as seasons require. City shall establish the requirements of seasonal servicing. 3 . City agrees to furnish an area in the Memorial Auditorium Coffee Shop for the vending machines. City assumes no responsibility nor liability for damages to the machines, or for theft. 4 . Commission agrees to have maintenance personnel on call on a twenty-four hour basis , seven days a week, where applicable, to service, repair and fill the machines when necessary. 5. Commission a(irees Lo place in the Memorial Auditorium Building coffee shop and at Memorial Auditorium shows a suit- able agent in the person of a blind man or woman with such sighted assistants as ma�,� be necessary to carry on this bus- iness in a satisfactory manner and to meet every requirement for quality of merchandise and proper ser-,,-ice. Commission ' s agents or employees shall be on duty in the Memorial Auditorium Building coffee shop Monday through Friday of each week, City holidays excepted, from 7 : 30 A.M. to 4 : 00 P.M. Commission shall immediately remove any of its agents or employees at this location who is unsuitable or unsatisfactory to carry on this business. Commission further agrees that none of its agents shall be considered as employees of City, and City shall not be liable in any way for any injuries sustained to the person of these agents or employees of Commission . 6 . Commission agrees to furnish a certificate of insurance, showing that it has public liability insurance in the amount of $100, 000. 00 per person , $300 ,000. 00 per occurrence for bodily injury liability, and $50, 000. 00 per occurrence for property damage liability, both coverages to include product liability. 7 . Commission shall keep all vending machines and equipment clean and attractive, in good mechanical condition and clearly labeled with prices and instructions for use. The name, address and telephone number of the person to be contacted in case of malfunction or other problem shall be given to the person in charge of each location or shall otherwise be provided by some method such as by a label sticker on each machine. City shall furnish Commission with a list of names of persons at each location who will be authorized to call Commission concerning problems with the machines. 8 . All electrical devices shall be grounded. 9. Electricity and water will be provided by City. City will also provide janitorial services for areas designated to the Commission under the terms Of this agreement. Commission ' s agents or employees shall. keep the tables in the Memorial Auditorium Building coffee shop clean at all times while not being used. -2- 10. All vending machines will be of the change-maker type, where feasible. 11. Commission shaLl pay City a commission of 3% of the gross revenues of all items sold in the Memorial Auditorium Building coffee shop and on all items sold at Memorial Audi- torium shows. 12 . Commission shall furnish a micro-wave oven to be placed in the Memorial Auditorium Building coffee shop. City will allow Commission to have the use, rent free, of the City' s equipment located in the Memorial Auditorium Building coffee shop; however, City will not be responsible for maintaining such equipment. 13. Duplicate statements of earnings from sales in the Memorial Auditorium Building coffee shop and from Memorial Auditorium shows shall be furnished to the Assistant City Manager on a monthly basis. 14 . Commission shall furnish City with a list of prices for items to be sold in the Memorial Auditorium Building coffee shop and at Memorial Auditorium shows upon commencement of operations under this agreement. Any price changes during the term of this agreement shall first be submitted to City through the Assistant City Manager for its approval before being placed into effect. 15. Commission shall comply with all City codes and ordinances. All agents and employees of Commission working at the Memorial Auditorium Building coffee shop or at Memorial Auditorium shows shall have valid health cards issued by the Wichita County-City Health Unit. Vending machines, food service and food preparation areas shall be subject to regular inspection by Health Department inspectors. 16. At City' s discretion , new concession locations or machines may be added to this agreement or existing areas may be deleted without affecting the other provisions of this contract. -3- 17 . Failure to faithfully perform any of these covenants will be grounds for cancellation of this agreement. Commission shall be notified in writing by registered mail or personal service of any breach of such covenants; and if such breaches are not corrected within a period of twenty-four hours follow- ing receipt of such notice, City may delcare this contract null and void. In that event, Commission will be allowed an additional twenty-four hours to remove all vending machines from the premises, after which time, Commission will be charged a rental fee of $30 . 00 per day or part of a day for each day or part thereof that the vending machine remains on the City' s premises. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above set out. CITY OF WICHITA FALLS BY: Stuart A. Bach City Manager ATTEST: City Clerk Approved as to form: City Attorney TEXAS STATE COMMISSION FOR THE BLIND BY: Executive Director -4- STATE OF TEXAS KNOW ALL MEN BY THESE PRESE\T S COUNTY OF WICHITA THIS Contract made and entered into this the Ist dav of January , 1982 , by and between the City of Wichita Falls , Texas , hereinafter called City , and Bob Brown , d/b/a Bob ' s Communication Service hereinafter called Contractor , WITNESSETH : For and in consideration of the mutual covenants herein contained, City and Contractor agree as follows : I . TERM This Contract shall be in force and effect for a period of twenty-one (21) months, beginning on the lst day of January , 1982 . This contract will be subject to termination at the request of either party by giving thirty ( 30) days written notice to the other party of its desire to terminate the contract , which notice shall be delivered in person or by certified mail . If no such notice be given, the contract will continue until September 30, 1983, at which time the contract shall terminate . Ii . SERVICE TO BE RENDERED Contractor shall provide all of the following services , including labor and parts , to the radio communications equipment belonging to the City , as follows : A. Remove , install , or reinstall such equipment from and into motor vehicles . B. Provide preventive maintenance , including installation of replacement parts and tubes , on such equipment which is enumerated in Exhibit A. C. Make all necessary repairs on such equipment enumerated in Exhibit A, including installation of replacement parts and tubes , in order to keep such equipment in proper operating condition . D. Furnish engineering and consulting services in regard to the City ' s radio communications system when requested. E. Provide other special work , not enumerated herein , with regard to the City ' s radio communications system, as requested . Contractor shall adhere to the Federal Communications Commission measurements , maintain FCC logs , and submit FCC applications , when needed. III . SERVICE ROUTINES Preventive Maintenance schedules will be designed for each base station location in conjunction with the various departments and will be performed on a semi-annual basis . Preventive maintenance and repair services on all base station equipment will be performed at the base station locations . Mobile equipment preventive maintenance schedules will be coordinated in advance of scheduled service dates with the various departments and will be performed at least once per year . Operating mobile equipment will receive preventive maintenance and repair services at the Contractor ' s facility-, building or vehicle site , whichever is convenient , except that all fire communications equipment will be serviced at the individual stations where units are located, unless the supervisor requests otherwise. All other units or items will be scheduled for maintenance at least once a year. Preventive maintenance service will include a thorough electrical check of each base station or mobile unit and the following minimum checks will be made on each unit and recorded on suitable forms designed by the Contractor : 1 . Modulation deviation and frequency measurements . 2. Receiver sensitivity . 3. Power output . IV. EQUIPMENT TO BE SERVICED A detailed listing of the City ' s radio communication equip- ment is included in Exhibit A. The numbers in Exhibit A are the numbers of each piece of equipment owned by the City at the date this contract is entered into . It is understood and agreed that these numbers may increase -2- or decrease approximately 5'r during each year of the contract . The compensation paid to the contractor will be adjusted based upon the per unit bid, contained in Exhibit A , at the beginning of the next contract Year for any increase or decrease in the numbers of the above listed equipment . A stock of replacement parts and tubes shall be carried in such service vehicle which will adequately supply the field technician with normally needed items to properly service and maintain the base stations and mobile equipment in the field. V. MAINTENANCE HOURS Emergency service to base and sub-stations will be rendered as often as needed, twenty-four (24) hours a day , seven (7) days per week for the term of the contract . Mobile emergency service will be performed any time at the request of the supervisor responsible for such units unless a suitable backup vehicle with a servicable radio is available . Routine preventive maintenance service to both base and sub-stations , and mobile units will be accomplished during normal' working hours , 8 :oo a.m. to 5 :00 p .m. , Monday through Friday. VI . REPORTS Contractor agrees to accurately document all communication service . All such reports will be made available , at any reason- able time , to the City for inspection and/or audit . These reports shall contain the following minimum information : 1 . City inventory number, vehicle number of the unit or units serviced, the date such service was performed, and the name of the Technician completing work. 2 . A complete listing of replacement tubes and/or other material replaced in the equipment at the time of service . 3. In accordance with FCC regulations , suitable station technical records will be maintained in a logbook at each base station and will include required technical information for both base stations and mobile units operating in conjunction with a particular basestation . -3- These records will contain the following minimum information . Additional data required hy the Contractor is accepted . a. A record of fact that a suitable procedure has been employed to determine that the carrier frequenc% of each transmitter is maintained within the tolerance prescribed in the FCC rules . b. A record of fact that suitable procedure has been employed to determine that the plate power input to the final RF stage of each base station or fixed station transmitter does not exceed the maximum figure specified on the current station authorization . c. A record of fact that a suitable procedure has been employed to determine that the modulation of each transmitter does not exceed the limits specified in FCC regulations . VII . REQUIRED TEST EQUIPMENT For all services performed to the communications equipment , the Contractor shall have the minimum available types of test equipment : 1 . A frequency meter employing the required accuracy for frequency measuring the equipment in accordance with FCC requirements . 2. A modulation/deviation meter capable of the required accuracy for measuring deviation of all equipment . 3 . A signal generator with regulated and calibrated microvolt output with the stability necessary for accurate sensitivity checks of base station and mobile receiving equipment . 4 . An "in-line" type wattmeter capable of measuring output power in watts of all base stations and mobile equipment . 5 . A portable Volt-Ohm-Milliammeter to accurately measure equipment operating voltages , currents , and resistance . 6 . A dummy load ( antenna) to accurately simulate mobile or base station antenna conditions to facilitate "off the -4- air" equipment testing. VI 11 . INSURANCE REQUIREMENTS The Contractor will carry the following minimum amounts of insurance : Comprehensive General Liability Bodily Injury Liability $ 50 , 000 per person $100 , 000 per occurrence Property Damage Liability $ 50 , 000 per occurrence Automobile Liability Bodily Injury Liability $ 50 , 000 per person $100 , 000 per occurrence Property Damage Liability $ 50 , 000 per occurrence Workmen ' s Compensation and Employer' s Liability in accordance with the statutory requirements of the State of Texas . Ix. PAYMENTS TO CONTRACTOR City shall pay Contractor for services rendered under this contract on the following basis : 1 . For each changeover, removal or installation of radio communications equipment in motor vehicles , City shall pay,. Contractor as follows : A. Changeover, one vehicle to another (removal and reinstall) $50. 00 each occurrence B. Removal only from motor vehicle $15. 00 each occurrence C. New installation in vehicle $50. 00 each occurrence 2 . Maintenance shall include the labor and parts required to repair equipment which has become defective through normal wear and usage. Maintenance does not include the repair or replacement of equipment for damage caused by accidents , physical abuse or misuse of the equipment , acts of God and fires . Number of Pieces Yearly Cost Equipment Per Unit Of Equipment Per Type of Description Bid Owned by City Equipment Base Stations $161 . 28 20 $ 3 , 225 . 60 Auxiliary Base Stations $ 26 . 88 2 $ 53 . 76 Antennas and Lines No charge 15 No charge -5- Remote Consoles S134 .40 .1 S 537 . 60 Remote Controls S 50. -10 26 -S 1 , 310 . -10 Remote Control Extensions S 6 . 72 is 120 . 96 Recorders S 26 . 38 5 S 134 . 40 Alarm Panel S 67 . 20 1 -S 67-. 20 Voting Unit S107. 52 1 $ 107 . 52 Monitor Amplifiers S 6 . 72 14 $ 94 . 08 Monitor Receivers S 20 . 16 5 $ 100 . 80 Tone Encoders , Decoders , Pagers , Recorders , Misc . $ 14 . 78 12 $ 177 . 36 Mobile Radios $ 73 . 92 352 $26 , 019 . 84 Portable Radios S73 . 92 78 $ 5 , 765 . 76 TOTAL $37, 715 . 28 3 — City shall pay Contractor the sum of $3 , 142 . 94 per month for providing preventive maintenance, parts and for making all necessary repairs on equipment enumerated in Exhibit A . 4 . Contractor shall perform engineering and consulting services as requested, at no additional charge . - For other special work, as requested, which is not enumerated in this contract , City shall pay Contractor a charge fee of $20. 00 per hour . Each month Contractor shall furnish the City an itemized statement for payments due him under this contract , and such statements shall be paid by the City within ten (10) days after receipt of such statement . IN WITNESS WHEREOF, City and Contractor have caused these presents to be executed as of the day and year first above written . CITY OF WICHITA FALLS BY: tty Manager ATTEST : Z'7 City Clerk BOB BROWN, D/B/A BOB ' S COIMMUNICATION SERVICE Contractor C) "A 0 t-- oc ---r 1 001 V) Ln IA �4 0 0 0 r- u u 0 r- C) 00 V) �-4 Q) 0 4J tn �4 -rl 0 L-�-q 4-J V) CD C", 00 H 4J cis E- o pq U) �4 (3) 0 tn u c (1) 0 41 �- 4-) C., 4-j 0 �< a) 0 +-) ;-4 4-) —1 r--4 r--i Ln tn r--i 4J C 0 V) CIA r--� 0 (1) Lr) V) g C13 0 4-J r--4 —i 41 U) 0 4-J V) ct r--A r-4 r--1 r-4 0 4 4� 4-J 4 � 0 r- �q 4� tc 0 ::s 0 0 cz 9 r-I H �-4 u 0 r-j �4 U 0 4J V) 4-) P'. u bz ct 4-) .H �4 ­4 6 Q) u 4-) Cd H r- U r- < 0 �:: 0 Q) 4-J 4-J 4-4 r-I - 41 H .14 ­4 r� 0 .H t4-4 u r-4 V) cz U) r- C� C) s 0 H H 4-J Ct Cd C13 CZ C) > �J. :�� U) cn a. r-. �). u cl V) \10 r- --:t t-n —4 Ln CD �4 tn r--i r- \.3 \.o \.c \0 t-n t-I "Izr I.ZT "Zil '1' Lf, L-0 -1 91. 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FIFTH AMENDMENT TO WATER PURCHASE CONTRACT This Fifth Amendment to Water Purchase Contract made and entered into this the day of 1982 , by and between the City of Wichita Falls, Texas, and Dean Dale Water Supply Corporation, WITNESSETH: WHEREAS, the City of Wichita Falls and Dean Dale Water Supply Corporation entered into a water purchase contract dated March 2 , 1977 , and the parties desire to make a fifth amendment to such contract. NOW, THEREFORE, the parties hereto do hereby agree as follows: Said contract dated March 2 , 1977 is hereby amended by adding a new Section 5. 01 to read as follows: "Section 5. 01: City hereby grants approval for the Public Utility Commission of Texas to allow the extension of Corporation ' s service area to include an area approx- imately 250 feet wide north and south and approximately 10, 000 feet long east and west, abutting the north side of U. S. Highway 287 and the western edge of Corporation' s present service area which lies west of the intersection of U. S. Highway 287 and F.M. 2393. Within this extended service area, Corporation may make connections to their system only when authorized in writing by City' s Board of Aldermen to do so. Such authority shall be granted only to connect single-family residential units located on lots that are of a rural nature as established in Board of Aldermen Resolution No. 2571 ; provided , however, that authority is hereby granted to connect the presently existing commercial unit occupied by Case Company and three existing single-family residential units. " IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first set out above. CITY OF WICHITA FALLS, TEXAS By: City Manager ATTEST: City Clerk DEAN DALE WATER SUPPLY CORPORATION By: President ATTEST: Secretary THE STATE OF TLXAS COUNTY OF WICHITA AMENDMEM TO FIREFIGHTER TEST DEVELOPMENT CONTRACT This first amendment to firefighter test development contract made and entered into this the day of 1982, by and between the City of Wichita Falls, Texas, hereinafter referred to as City, and ADLS Professional Services, Inc. , hereinafter referred to as ADLS, WITNESSETH: Whereas, the City and ADLS entered into a firefighter test development contract dated June 2, 1981, and the parties desire to change such contract to read as follows, NOW, THEREFORE, the parties hereto do hereby agree as follows: SECTION 1. CONTRACT PERIOD. This contract and agreement shall supercede the contract between ADLS and the City dated June 2, 1981. This contract shall be effective as of December 31 , 1981, and shall terminate February 28, 1982. SECTION 2. SCOPE OF SERVICES. ADLS agrees to provide City with a professionally defensible process for selection of entry level firefighters through performing the following work elements. 2. 1. Completing a review of relevant literature. This review shall provide information on the tasks and duties normally performed by firefighters, the related knowledges, skills and abilities required by firefighters. This review shall also include an evaluation of the validity, reliability, and adverse impact of alternative selection processes utilized by other municipal governments or otherwise available. 2.2. Completing a report summarizing and presenting the results of a job analysis performed on City firefighters. This analysis shall identify the most important tasks and duties performed by firefighters and Lhe knowledges, skills, and abilities required for performance of tliese tasks. 2.3. Developing a written test, physical agility test, and patterned panel interview to be used for initial screening of firefighter applicants. These screening iivtruments shall be developed in such a way as to meet the requirements of the Uniform Guidelines on Employee Selection Procedures. 2.4. Providing technical assistance for purposes of pre-testing selection procedures. Such assistance shall include aid in designing the pre-testing process, formatting of testing results for purposes of data analysis, advice in selecting appropriate statistical tests to be applied to pre-test data, and other assistance required by City for purposes of establish- ing: (a) reliability estimates; (b) a determination of item difficulty and an item discrimination index; (c) norms, pass points, and time limits for the testing process. 2.5. Preparing and submitting a plan for subsequent test validation. This plan shall provide a sufficiently detailed procedure which City may follow in order to validate the new selection procedures. 2.6. Limited technical assistance to City in preparation of final project report and associated documentation. SECTION 3. CITY SUPPORT. The City of Wichita Falls shall perform the following work elements and provide the following support to ADLS: 3. 1. Review and revision, as necessary, of the background pro- cedures used in screening applicants. 3. 2. Preparation of a final report to be submitted to the State of Texas, Department of Community Affairs. 3.3. Staff support required for the development of written test questions. Such support will include drafting written questions to be reviewed by consultant for inclusion in the written test. 3.4. Administration- of proposed written test for the purpose of developing data required for purposes outlined in 2.4 above. 3. 5. Provision of such other support to ADLS as ADLS may request so long as such support is deemed reasonable by City. SECTION 4. PROJECT SCHEDULE. ADLS agrees to provide for review by City final drafts of products in accordance with the following schedule. -2- WORK ELEMENT DUE DATE Revised Literature Review 2-01-82 Job Analysis Report 1-15-82 Written Test, Strength and Agility Test, Patterned Panel Interview 2-01-82 Technical Assistance in Administering and Evaluating Pre-test 2-22-82 Plan for Test Validation 2-22-82 Time is of the essence in completing these work elements. City project leader will review final draft products for acceptability. Should revisions be required, the City project leader will inform ADLS of such within five (5) working days of receipt of the final draft. Should ADLS and City project leaders disagree on the need for or extent of revisions, the disagreement will be referred to the City Manager of the City of Wichita Falls. The determination of the City Manager shall be conclusive on both parties. SECTION 5. CONTRACT EXTENSION. The termination date of this contract may be extended for a maximum period of 30 days. Such extension shall be granted only upon approval by the Texas Department of Community Affairs. Should such an extension be approved, ADLS and City must jointly agree to any revisions in the project schedule as shown in SECTION 4 above. SECTION 6. PROJECT LEADERS. ADLS designates Dr. Rod Cannedy as Project Leader. City designates Edward A. Barrett, Director of Administrative Services, as Project Leader. All correspondence and contacts between ADLS and City shall be directed to these individuals or their designees. SECTION 7. PAYMENT. Total contract amount is amended from $17,500 to $14,758. Total payment by City to ADLS shall not exceed $14,758. ADLS additionally agrees that City payments of $7,258 which have.been made to date have satisfied all City financial obligations to ADLS for work performed by ADLS during the period from June 2, 1981 to December 31, 1981. Remaining payments, not to exceed $7,500, shall be made by City upon satisfactory completion of the contracted work elements. The payment schedule shall be as follows: -3- 14ORK ELEMENT COMPLETED PAYMENT Revised Literature Review $ 750 Job Analysis Report Written Test, Strength and Agility Test, Patterned Panel Interview 2,500 Technical Assistance in Administering and Evaluating Pre-test 1,000 Plan for Test Validation 500 The City shall retain $750 of the total contract amount. This amount shall be payable upon full and satisfactory completion of all elements of the contract for which ADLS is responsible. Final payment shall be contingent upon a determina- tion by the City Manager that all elements of the contract have been satisfactorily completed. Such determination shall be made within 30 days of contract termination and shall be conclusive upon ADLS. SECTION 8. METHOD OF BILLING AND PAYMENT. ADLS hereby authorizes City to make payment directly to -Dr. Rod Cannedy. Invoices prepared by Dr. Cannedy must be submitted to City with final drafts of work products and in the amounts shown above in Section 7,. Payment shall be made by City within 30 days of City acceptance of completed work elements. SECTION 9. TERMS AND CONDITIONS OF STATE OF TEXAS, DEPARTMENT OF COMMUNITY AFFAIRS. ADLS agrees to abide by all terms and conditions required of subcontractors by the City's contract with the Texas Department of Community Affairs. Specifically, ADLS agrees to abide by the principles stated in the "Conflict of Interest" and "Nepotism" provisions, a copy of which is attached hereto as Exhibit "A", and which are expressly incorporated herein and made a part of this agreement. SECTION 10. EFFECTIVE DATE. The parties hereto agree that this amendment shall become effective this 31st day of December, 1981. SECTION 11. TERMINATION. City may terminate this Contract at any time in the event that the Texas Department of Community Affairs notifies City that the Department of Community Affairs is exercising its right to terminate City' s contract. In no event shall City be liable to ADLS for expenses incurred after the termination date. -4- Should City terminate this contract, Citv shall reimburse ADLS for work performed prior to termination date, but riot yet completed, based on the percentage of the work completed and the pa�,,ment schedule shown in Section 7. City projoct leader shall determine, based on a review (if work in progress, the percentage of the task which has been completed. Such determination shall take place within 10 days of contract termination. Should ADLS project leader disagree, appeal may be made to the City Manager whose determination shall be conclusive. SECTION 12. RETURN OF DOCUMENTS. ADLS agrees to return to City all job analysis questionnaires completed by City staff on or before termination date of this contract. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first above written. CITY OF WICHITA FALLS, TEXAS BY: Stuart A. Bach, City Manager ATTEST: City Clerk ADLS PROFESSIONAL SERVICES, INC. BY: Marilyn M. Smith, President APPROVED AS TO FORM City Attorney -5- EX11TBIT "A" CONFLICT OF INTEREST A. The Contractor covenants that neither it nor any employee or member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed as a member of its governing body. B. The Contractor shall establish and enforce safeguards to prevent members of its governing body or its staff members, subcontractors, or employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves, or others, particularly those with which they have family, business, or other ties. C. No officer, member, or employee of Department or Contractor and no member of their governing bodies, and no other public official of the governing body of the State or locality or localities in which the contract is . being carried out who exercises any functions or responsibilities in ,,the review or approval of the undertaking or carrying out of this contract shall (1) participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, partnership, or associa- tion in which he has a direct or indirect interest; or (2) have any interest, direct or indirect, in this contract or the proceeds thereof. NEPOTISM A. Neither the contractor nor any of its subcontractors shall hire any person in an administrative capacity or staff position funded under this contract if a member of such person's immediate family is employed in an administrative capacity for the Contractor or any of its subcontractors. 1. For the purposes of this Section, the term "member of the immediate family" includes: wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter- in-law, mother-in-law, father-in-law, aunt, .uncle, niece, nephew, stepparent, stepchild, grandfather, grandmother, grandson, and granddaughter. 2. For the purposes of this Section, the term "administrative capacity" includes those persons who have overall administrative responsibility for the activities and performances funded under this contract, in- cluding all elected and appointed officials who have any responsi- bility for the obtaining of and/or approval of this contract, as well as other officials who have influence or control over the administra- tion of the activities or performance funded under this contract, such as the project director, deputy director, or any persons having selec- tion, hiring, placement, or supervisory responsibilities for the activities and performances funded under this contract. 3. For the purpose of this Section, the term "staff position" means any employment or position funded under this contract. B. The Contractor assures that it shall in no way exercise its authority in the performance of this contract to confer any monetary or other benefit arising directly or indirectly from this contract upon any member of the immediate family of persons employed in an administrative capacity for the Contractor or any of its subcontractors. C. The Contractor assures that it shall in no way exercise its authroity in the performance of this contract in a manner that would violate the state law relating to nepotism (Article 5996a, Tex. Rev. Civ. Stat. Ann.) . -2- CONTRACT CHANGE ORDER ORDER NO. DATE: 1/5/82 CONTRACT FOR: Surface Overlay Program Hooper, Kenley, Pasadena, Wyoming and Sullivan OWNER: City of Wichita Falls TO: Dircon Corporation Wichita Falls, TX You are hereby requested to con-ply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANCE AMOUNT 1. Change in contract value due to changes $22,921.50 in quantities of bid items. Old Contract Price $72,520.00 New Contract Price $95,441.50 JUSTIFICATION: To couplete overlay of projects originally proposed. The amunt of the contract will be increased by the sum of Twenty-Two Thousand Nine Hundred Twenty-one and 50/100 dollars------------------------------------$22,921.50. This document will become a supplement to the contract and all provisions will apply hereto. Requested: (Owner) (DATE) Accepted: (Contractor) (DATE) Page 2 of 3 pages Agenda Item No. Project Atle: First Step, Inc. Effective Date: January 5, 1982 THE STATE OF TEXAS COUNTY OF VCHITA KNOW ALL MEN BY THESE PRESENTS: PAK r [ AGREEMENT This AGREEMENT entered into and effective as of the 5th day of January, 1982, by and between the City of Wichita Falls, Texas (hereinafter called the "CITY") and First Step, Inc . (hereinafter called the "CONTRACTOR") . WITNESSETH: WHEREAS, the CITY desires to assist the CONTRACTOR in purchasing a facility to be used for the care of battered persons. NOW, THEREFORE, the parties hereto nmually agree as follows: 1. Acquisition of Propert The CONTRACTOR shall apply the sum of ------------------1 $19,118.00 toward the purchase of Lot 6, Block 76A, Highland Addition for First Step, Inc. 2- Qppynlption. The CITY agrees to pay the CONTRACTOR a maximum amount of Nineteen Thousand One Hundred and Eighteen and no/100 dollars ($19,118.00) which shall constitute full and compl( te CITY compensation for CONTRACTOR'S acquisition of said property. Such sum shall be paid to the CONTRACTOR as stated below. 3. Method- of Payment. One payment shall be made in the amount of $19,118.00. Payment shall be process�o upon receipt of a contract of sale for the property that is to acquired by Fiist SLcp, Inc. 4. 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 CONTJOCTOR to perform his ohligations hereunder, CONTRACTOR shall provide sufficient funds, whethei from its own or other non-City sources, to fulfill the terms of this Contract . Page 3 of 6 Pages Agenda Item 5. Re f und Should the property under consideration not be purchased or tll(� purchase transaction not be coiiipleted within six (6) months of the effective d,-ite, CONTRACTOR shall pay to the CITY any sums paid to the CONTRACTOR by the CITY, or, upon approval of the CITY and as provided for under subsequent contracts or arrangements, may apply such balance to such future fundings as may be approved by the CITY. 6. _1��c�r �J,n­g. Within t1iirty (30) days after the property described in paragraph I is purchased, a copy of ' he deed and policy of title insurance shall be delivered to CITY by CONTRACIOP. 7. Should the property not i)e renovated and placed in operation within twelve (12) months from the effective date of this AGREEMENT or not be used as a battered person facility for a continuous period of at least three (3) years after the facility is formally opened, the property herein described shall be sold and monies returned to CITY, such repayment to be made in full or in proportion to the CITY'S share of the acqu isition cost of the property. 8. The funding of Lhe Contract in no way commits the CITY to future funding. Any future funding is solely the responsibility of the CONTRACTOR. CITY OF WICHITA FALLS, TEXAS ATTEST: BY:----- rt A. Bach, City Manager FIRST STEP, INC. Wilma J. Thomas, City Clerk BY: APPROVED AS TO LEGALITY ANT) FORM: 44,?.- -Hodge, Jr. , City Attorney Page 4 of 6 Pages Agenda Item No.__