Min 01/19/1982 234
Wichita Falls , Texas
Memorial Auditorium Building
January 19, 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 �uilding
at 8:30 o'clock A.M. , with the following members present.
Kenneth Hill Mayor
Gene Shearman
John W. Hampton
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 Smith.
Item 3
Moved by Alderman Shearman that minutes of the mee ting held January 5, 1982,
be approved.
Motion seconded by Alderman Russell , and carried unanimously.
Items 4a - 7a
Items 4a, 5a, and 7a were moved to the regular agenda.
Moved by Alderman Thomas that the remaining items on the consent agenda be
approved.
Motion seconded by Alderman Hampton.
Item 5b
RESOLUTION NO. 10-82
RESOLUTION APPROVING CHANGE ORDER NO. 2 AND ACCEPTING
CONSTRUCTION OF RENOVATION WORK AT WICHITA FALLS
MUNICIPAL AIRPORT.
WHEREAS, the City of Wichita Falls and C. D. Graham Construction Company
entered into a contract dated May 6, 1981 for renovating portions of the Municipal
Airport Terminal Building; and,
WHEREAS, Change Order No. 2 makes certain minor changes which reduces the
total contract sum by $499.05; and,
WHEREAS, the construction of such project has been completed in accordance
with the plans and specifications; and,
WHEREAS, the original contract amount was $185,316, which has been increased
by change orders to $189,944.94. Of this amount, $170,881.39 has been paid to
the contractor, leaving a balance due of $19,063.55.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Such Change Order No. 2 is hereby approved, and construction of such project
is hereby accepted by the City of Wichita Falls. The City Manager is authorized
to make final payment to such contractor of the balance due as shown above.
235
Item 5b-,- cont'd.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays: None
Item 5c
RESOLUTION NO. 11-82
RESOLUTION ACCEPTING INSTALLATION OF BALLFIELD LIGHTING AT
SPUDDER PARK.
WHEREAS, the City of Wichita Falls and Browning Electric, Inc. entered into a
contract dated November 6, 1981 for installation of ballfield lighting at Spudder
Park for the contract amount of $8,512; and,
WHEREAS, such installation has been completed in accordance with the plans
and specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The installation of such ballfield lighting is hereby accepted by the City of
Wichita Falls, and the City Manager is authorized to pay to the contractor the
contract amount as set out above.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays: None
Item 5d
RESOLUTION NO. 12-82
RESOLUTION APPROVING CONTRACT WITH EMPLOYERS' INFORMATION
SERVICE TO PROVIDE ESSENTIAL INFORMATION CONCERNING WORKERS,
COMPENSATION CLAIMS FOR SCREENING EMPLOYEE APPLICANTS.
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 Employers ' Information Service, providing for the furnishing of
essential information concerning Workers ' Compensation claims to screen employee
applicants, is hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays: None
Item 6a
The low bid meeting specifications for an estimated annual supply of unleaded
regular gasoline was awarded to Chester Wood Company in the amount of $1.062 per
gallon.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays: None
Item 6b
The low bid for an estimated annual supply of disel fuel was awarded to Chester
Wood Oil Company in the amount of $0.985 per gallon.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays: None
236
Item 6c
The bid was considered for an estimated annual supply of automotive and
equipment batteries and electrolyte. The low bidder was not the most advantageous
to the City because of delivery and warranty; therefore, the second low bid was
awarded to Commercial Distributing in the amount of $18,976.00.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays : None
Item 4a
A proposed ordinance was presented decreasing the authorization for one
fire Captain, and increasing the authorization for one fire Lieutenant.
Alderman Shearman asked why we are doing away with a Captain's position, and
substituting a Lieutenant's position? Fire Chief Hurshel Johnson stated that
six captains are needed. Alderman Shearman asked if we did not formerly have a
captain in charge of each station? The Fire Chief stated that we did, but it
was recommended by a consultant that it be deleted. Alderman Shearman wanted
to know if we could open up this position in the future? The Fire Chief stated
that we could, with the Council 's approval . The training position has to be
filled in 90 days, and it can adequately be filled by a Lieutenant. Alderman
Shearman asked why a Captain's position was necessary before, and now we are
asking for a Lieutenant? The Fire Chief stated they had changed the training
schedule. They are now working on a 40-hour week instead of a shift.
ORDINANCE NO. 7-82
ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF
ORDINANCES OF THE CITY OF WICHITA FALLS, TO
INCREASE THE NUMBER OF FIRE LIEUTENANTS BY ONE,
AND DECREASE NUMBER OF FIRE CAPTAINS BY ONE.
Moved by Alderman Hampton that Ordinance No. 7-82 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
Item 5a
A proposed resolution was presented authorizing the City Manager to execute
a contract with Ace Fence Company for installation of security gates at Municipal
Airport.
Alderman Thomas asked the location of these gates, and the reason for having
them? Jack Griffin, Acting Director of Traffic and Transportation, explained
their location, stating it is for security reasons.
RESOLUTION NO. 13-82
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
FURNISHING AND INSTALLING SECURITY GATES AT WICHITA
FALLS MUNICIPAL AIRPORT.
WHEREAS, the City of Wichita Falls advertised for bids for the construction
of two security gates at Wichita Falls Municipal Airport; and,
WHEREAS, the one bid submitted by Wichita Ace Fence Co. , Inc. of Wichita
Falls in the amount of $9,890.00 was found to be a responsible bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
Said bid of Wichita Ace Fence Co. , Inc. in the amount of $9,890.00 is
hereby accepted, and the City Manager is authorized to execute a contract with
Wichita Ace Fence Co. , Inc. for the construction of such improvements.
237
Item 5a, cont'd.
Moved by Alderman Thomas that Resolution No. 13-82 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 7a
Alderman Shearman commented on the idea of taxation on aircraft. He asked if
there is a way the legislature could pass a law exempting these aircraft? The City
Manager stated that they could. Alderman Shearman asked if we could direct a letter
on this matter? The City Manager stated that we could , but we should first discuss
the various types of aircraft and usage.
City Attorney H. P. Hodge explained that the constitution basically states that
all property shall be taxed equally and uniformly. It also provides that the
legislature may make certain exceptions. The legislature has excepted automobiles
not used for production of income. The legislature has not created any exemption
for airplanes. He stated that he was asked by the Aviation Advisory Board if the
City has taxed business automobiles and boats? At that time he did not know for
sure, but has found out that we do. We do not tax automobiles not used for business
because they have been exempted by the legislature. The legislature has not
exempted airplanes, so we have to tax them.
Alderman Shearman asked what service we provide aircraft that are taxed in
Wichita Falls? Mr. Hodge stated that we provide police and some fire protection.
Alderman Shearman asked if we had had any fire training for them? Bob Parker,
Airport Manager, stated that Station No. 4 has the only dry chemical truck, and it
is located there for fire protection at Kickapoo Airport. He further explained the
type of training they provide.
Moved by Alderman Thomas that minutes of the meeting of the Aviation Advisory
Board held December 10, 1981, be received.
Motion seconded by Alderman Shearman, and carried unanimously.
Lt. Colonel Wagen Langebek, of the Danish Air Force, presented a plaque, mounted
with a stone ax, to the Mayor in appreciation of the warm reception they have
received in the NATO Training Program here. He stated that the ax was used in
Denmark 6000 years ago.
Mayor Hill expressed the appreciation of the City for this beautiful gift.
Item 8a
A proposed ordinance was presented appropriating funds for rehabilitation of
Lake Kickapoo dam.
ORDINANCE NO. 8-82
AN ORDINANCE MAKING AN APPROPRIATION FROM THE WEST TEXAS
UTILITIES FUND TO ACCOUNT NUMBERS LISTED BELOW, AND
DECLARING AN EMERGENCY.
Moved by Alderman Shearman that Ordinance No. 8-82 be passed.
Motion seconded by Alderman Russell .
Alderman Thomas inquired if this is some federal engineer's dream? Ed Biggs,
Engineer, stated that this is a major structure out there, and any damage to it
could cause a lot of flooding downstream. There is possibly some over-kill on it,
but they have gone along with it. Additional work is needed on the front of the
dam to prevent erosion of the dam. They will also add more dirt to the top of the
dam, and cut another spillway to meet federal regulations. They will also provide
238
Item 8a, cont'd.
a foot bridge to get across to do maintenance. They also plan to repair the
gates and valves , along with the outlet works. This is Phase I of the project.
Phase II is expected to cost an additional $389,180. Phase II would also
include a new caretaker' s residence.
City Manager Stuart Bach stated that this expense will be calculated in the
water rates next year. Alderman Russell questioned the continued taking of funds
from this account, stating that she is afraid we are in danger of robbing our
future by taking it from the West Texas Utility fund. She asked what money is
coming into this fund? Director of Public Utilities Joe Smith stated that we
receive $300,000 a year until 1985, then it will go to $500,000 a year. When
they start using water, that amount will be added to the fund. We expect to
receive one and one-half million dollars a year after they begin using water.
These figures are divided between the City and the Water District.
The motion was carried by the following vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays: None
Item 9a
A proposed resolution was presented awarding the bid for the lease/purchase
of a central processing unit and operator's console for the Data Processing
division.
RESOLUTION NO. 14-82
RESOLUTION ACCEPTING BID FOR AN IBM 4341 MODEL KI,
CENTRAL PROCESSING UNIT AND AN IBM 3279-CO2 OPERATORS
CONSOLE.
WHEREAS, it was determined and justified that additional Data Processing
capability is required to remain responsive to current and future City processing
requirements; and,
WHEREAS, funds to acquire a replacement central processing unit and operator
console was planned, programmed and budgeted for FY 81-82; and,
WHEREAS, the City advertised for bids for such equipment and it was
determined that the bid from International Business Machines Corp. was the
lowest responsive bid,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
There is hereby accepted the bid of International Business Machines Corp.
for the acquisition of one 4341 Model K1 central processing unit with feature
code 1870, and one 3279-CO2 operators console with 4632 keyboard under the
State and Local Government Lease Plan for four months and then convert to the
Installment Purchase Agreement for the remaining life of the contract. Lease/
purchase and maintenance funds for FY 81-82 not to exceed $42,335.00.
Moved by Alderman Thomas that Resolution No. 14-82 be passed.
Motion seconded by Alderman Shearman.
Jack Humphries, Data Processing Administrator, stated that on the bid for ,
National Advanced Systems, one machine was bid as an exception to our specifi-
cations. He felt if they accepted it they would be locking the City into
something which might not be adequate for our purposes. They were, however,
willing to locate someone in Wichita Falls to take care of the service.
Mr. Humphries explained that the purchase price and interest will not
increase after the contract is signed. It will be 9.75 simple interest.
Depending on the date of installation, April 3 or 4, the City will start making
a lease/payment. Seventy-five percent will be accrued toward the down payment.
From then we project 75 percent of that lease payment how long it will take to
239
Item 9a, cont'd.
accrue to 10 percent usage. Nacho Chanez, Marketing Representative for IBM,
stated that there would be no protection on the interest until the machine is
installed.
Alderman Hampton asked if there is any reason we may have speced-out any
particular manufacturer. Mr. Humphries replied that he tried to design what the
City needs. He did not try to spec-out anyone. Alderman Shearman commended Mr.
Humphries for thinking of service needed on this equipment.
Alderman Russell asked about the Management Information System Advisory
Committee. Is it all in-house, or part outside the City? Mr. Humphries explained
that it is all in-house, consisting of Dane Bennett, Ed Barrett, Roger McKinney,
Fred Werner, and himself. Alderman Russell further asked if a bid was submitted
on new equipment, as well as one-year old equipment? He explained that the City
does not try to meet their contract guidelines. They ask for specifications
which are needed by the City. If the equipment is new, they pay for one
re-arranging of machinery. In used equipment the City has to pay for any
de-installation. He had to call and ask if they were bidding new or used
equipment.
vote.The motion for passage of Resolution No. 14-82 was carried by the following
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays: None
Item 9b
A proposed resolution was presented adopting change order no. 2 on the
Holliday Creek cleaning project.
RESOLUTION NO. 15-82
RESOLUTION APPROVING CHANGE ORDER NO. 2 TO THE HOLLIDAY
CREEK CLEARING AND CLEANING PROJECT.
WHEREAS, the City of Wichita Falls and Zack Burkett Company, as contractor,
entered into a contract dated October 20, 1981, for the cleaning and clearing of
Holliday Creek; and,
WHEREAS, Change Order No. 2 in the amount of $16,000.00 will increase the
estimated contract price to a final value of $70,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Change Order No. 2 to the contract dated October 20, 1981, with Zack Burkett
Company, a copy of which Change Order No. 2 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. 15-82 be passed.
Motion seconded by Alderman Smith.
Alderman Thomas asked if this vegatation would grow up again, and will we have
a program to clean it up at that time? Ernest Lillard, Director of Public Works ,
stated that they do. They are cutting some trees 8-10 inches in diameter, and it
will not all grow back. He stated that we have an active colony of beavers working
in the creek base cutting down trees and making dams. This is one problem. They
are cleaning out some debris accumulation in the area where they are cutting the
channel .
Alderman Shearman stated that it looks good, and the price is right. Mr.
Lillard stated that the man on the job with Burkett knows what he is doing. They
were surprised at the ease with which it has been accomplished. There is nothing
along this area that flooding can hurt. Alderman Russell asked about the straight-
ening of the channel , and how it would affect the increased flow on the bridges
240
Item 9b, cont'd.
downstream? Mr. Lillard stated that when the capacity has been reached we will
still have flooding, but the limiting factor will be the bridges. The type of
run-off and the velocity will not damage the bridges. All it will do is back up.
Alderman Thomas asked about our progress on getting property owners to
give us consent to get on the land? Mr. Lillard stated that 17 property
appraisals have been made, and we are in the process of getting title work done.
The motion for passage of Resolution No. 15-82 was carried by the following
vote.
Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays: None
Item 10a
Authority was requested to advertise for bids for rehabilitation of Lake
Kickapoo dam and structures (Phase I) .
Moved by Alderman Thomas that authority be granted to advertise for bids,
as requested.
Motion seconded by Alderman Shearman, and carried unanimously.
Item 11a
Results of the special election held on January 16, 1982, on the solid
waste transfer station, were canvassed by the Mayor, the City Attorney, and
the City Clerk.
RESOLUTION NO. 16-82
RESOLUTION CANVASSING RETURNS OF THE SPECIAL ELECTION
HELD IN THE CITY OF WICHITA FALLS ON JANUARY 16, 1982,
CONCERNING SELECTION OF SITE FOR SOLID WASTE TRANSFER
STATION.
WHEREAS, at the regular meeting of the Board of Aldermen of the City of
Wichita Falls, Texas on the 19th day of January, 1982, came on to be considered
the returns of th special election held on the 16th day of January, 1982; and,
WHEREAS, after canvassing the returns of said election, it was found to
be duly and legally held in all respects, and that 8,545 voters voted in said
election, and that the following numbers of votes were cast for and against
the following propositions :
Resolution No. 2656, as passed by the Wichita Falls Board of Aldermen,
which selected the Burlington-Call Field Industrial District location
on Lawrence Road as the site for the solid waste transfer station.
For 4170 votes
Against 4096 votes
A resolution selecting Site A, the abandoned Ready-Mix concrete plant
on the north side of Seymour Highway between Tanglewood Drive and
Rogers Street, as the site for the solid waste transfer station.
For 3749 votes
Against 3778 votes
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
241
Item Ila, cont'd.
Said election was in all respects legally held in accordance with the laws of
the State of Texas and the charter and ordinances of the City of Wichita Falls;
that the first proposition set out above was approved; that the second proposition
set out above was not approved.
Moved by Alderman Hampton that Resolution No. 16-82 be passed.
Motion seconded by Alderman Thomas, and carried by the following vote.
Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas and
Boston
Nays: None
The City Manager announced that a meeting will be held in the Conference Room
this afternoon on mortgage revenue bonds for single family residences.
Items 11b & c
The Board of Aldermen went into executive session to discuss board appointments
and possible litigation. The meeting resumed at 11:55 A.M.
Moved by Alderman Thomas that Wheeler Smith and Coolidge Threadgill be
re-appointed to the Motor Vehicle Salvage Yard Commission, and that Betty Sanders
be appointed as the Alternate to the Planning Board's representative to replace
Louise Hunter, who no longer serves on the Planning Board. Terms of appointment
are for one year, beginning February 17, 1982.
Motion seconded by Alderman Smith, and carried unanimously.
Moved by Alderman Thomas that David Chavez and Lindsey Walker be appointed to
the Human Relations Commission. The term of David Chavez would expire December
31, 1982, and the term of Lindsey Walker would expire December 31, 1984. (Replacing
Dr. Seunggi Paik and William Mitchell ) .
Motion seconded by Alderman Boston, and carried unanimously.
Alderman Shearman asked about having at least one night meeting each month to
give people an opportunity to attend? Alderman Thomas stated that he is personally
opposed to it. The City Attorney explained that over the years the Council has had
meetings at various times of the day, and evening meetings in neighborhoods. Success
has been very, very limited.
The Board of Aldermen adjourned at 12:00 P.M.
, i-(�/ 1982.
PASSED AND APPROVED this day of
Mayof
ATTEST:
4
City Clerk
Z; (�FFICE
Date
THE STATE OF TEXAS BY
COUNTY OF WICHITA
WHEREAS, the City Council of the City of Wichita Falls, Texas authorized
establishment of a self-administered, self-insured plan to meet its statutory
responsibility under the Workers' Compensation Act ; and
WHEREAS, the City of Wichita Falls desires to reduce the cost of its self-
insurance plan by screening its employee applicants through the use of essential
information concerning workers ' compensation claims and lawsuits involving the
employee applicants; and,
WHEREAS, the Employer's Information Service, a non-profit organization, keeps
current records of workers ' compensation claims and lawsuits filed in county and
parish courts located in Texas, Louisiana, Mississippi, New Mexico asnd Oklahoma,
and in Federal Courts located throughout the Gulf Coast states and extending as far
north as St. Louis, Missouri;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That the City of Wichita Falls, acting herein by and through its duly autho-
rized City Manager, Stuart A. Bach, hereinafter called "City", and Employer's
Information Service, a non-profit organization with its general office located at
P. 0. Box 1457, Gretna, Louisiana 70053, acting herein by and through its duly
authorized President, H. J. Robinson, hereinafter called E.I.S. ," in consideration
of the terms, mutual covenants and conditions herein contained, do hereby agree as
follows:
I.
That for and in consideration of the sum of Two Thousand One Hundred Twelve
Dollars ($2,112) to be paid to E.I.S. on or before the effective date of the con-
tract, E.I.S. covenants and agrees :
A. That it shall faithfully maintain accurate records of workers ' compensa-
tion claims and lawsuits filed in county and parish courts located in Texas,
Louisiana, Mississippi, New Mexico, and Oklahoma, and in the federal courts located
throughout the Gulf States and extending as far north as St. Louis, Missouri.
B. That E.I.S. shall furnish to City from such records, at City's inquiry,
employee termination reports and employee injury reports pertaining to each person
who is an applicant for City employment during the term of this agreement. it is
understood and agreed that if the number of inquiries pertaining to applicants for
City employment exceeds six hundred (600) in total number, City shall pay to E.I.S.
the amount of Three Dollars and Fifty Five Cents ($3.55) for each additional
inquiry.
C. That the employee termination reports furnished to City shall include, but
not be limited to the following information:
1. Employee's name;
2. Employee's social security number (if possible) ;
3. Date of employment;
4. Date of termination;
5. Nature and date of employee's injuries (if any) ; and
6. Whether employer would or would not rehire the employee
(if available) ;
D. That the employee injury reports furnished to City shall include, but not
be limited to, the following information:
1. Plaintiff's name;
2. Plaintiff's social security number (if possible)
3. Insurance carrier or employer;
4. Injury or disability alleged or sustained;
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5. Plaintiff's and defendant 's attorneys;
6. Filing date of case;
7. Case number;
8. County or parish wherein case was filed; and
9. Disposition or settlement of the case (if available) ;
E. That it is estimated that the number of persons covered by E.I.S. records
will increase at a rate of 4,000 to 5,000 per month during the term of this agree-
ment; and that as such coverage increases, additional information received by
E.I.S. concerning City employees and applicants for City emplovment shall be made
available upon request to City;
F. That at its sole expense, F.I.S. shall furnish to City a 14ATS telephone
line which will enable City to call E.I.S. by direct dialing at no cost to City for
the purpose of obtaining the reports described hereinabove; and that said reports
will be furnished to City within a matter of seconds while the City remains on the
telephone, with the exception of communication problems beyond the control of
E.I.S.
The term of this* contract and agreement shall be for a period of one (1) year
beginning on the lst day of February 1982 and ending on the 31st day of January,
1983.
The contract and agreement may be terminated by either party upon at least
thirty (30) days written notice. Such notice shall be sufficient if mailed to the
other party's last known address.
IV.
In the event this contract and agreement is terminated for any reason before
the 31st day of January, 1983, E.I.S. shall refund to City a percent of the total
consideration paid to E .I.S. as provided in Paragraph I hereof, said percent to be
-3-
calculated by determining the number of days from the date of termination to Jan-
uary 31 , 1983, and dividing said number by the number of days from February 1,
1982, to January 31, 1983.
V.
E .I.S. shall not act as an agent, representative, servant or employee of the
City of Wichita Falls as to all rights and privileges granted hereunder; that
E.I.S. shall have exclusive control of and the exclusive right to control the
details of its operations hereunder and shall be solely responsible for the acts
and omissions of its members, officers, agents, representatives, servants,
employees, contractors and subcontractors ; that the doctrine of respondent superior
shall not apply as between City and E .I.S. , its members, officers, agents, repre-
sentatives, employees, contractors or subcontractors ; and that nothing herein shall
be construed as creating a partnership or joint enterprise between City and E .I.S. ,
its members, officers, agents, representatives, employees, contractors or subcon-
tractors.
VI.
E .I.S. covenants and agrees to, and does hereby indemnify, hold harmless and
defend C ity, its officers, agents, representatives and employees, from and against
any and all claims or suits for damages or injuries to persons (including death) or
damages to property, or whatsoever kind or character, whether real or asserted,
arising out of, or in connection with the execution, performance or attempted per-
formance of this contract and agreement but E.I.S. does not indemnify the City
against a suit, loss or damages arising as a result of the City's negligence.
E.I.S. warrants that all information when furnished to City by E.I.S. is
accurate and up to date, and E .I.S. hereby covenants and agrees to indemnify and
defend the City, its officers, agents, and employees from and against any and all
claims or suits for damages or injuries arising out of or in connection with
-4-
furnishing the City with inaccurate or outdated information; and E .I.S . further
agrees to indemnify and make whole the City for any and all damages sustained by
City as a result of or in connection with furnishing the City with inaccurate or
outdated information.
V11.
If E.I.S. , as a charitable or a non-profit organization, association, corpora-
tion, entity or otherwise, has or claims as immunity or exemption (statutory or
otherwise) from and against liability for claims or suits for damages, E.I.S.
hereby expressly waives its rights to plead defensively such immunity or exemption
as against City.
VIII.
E.I.S. shall comply with all laws, federal, state and local including all
ordinances, regulations and requirements of the City of Wichita Falls. It is agreed
and understood that if City calls the attention of E.I.S. to any such violation on
the part of E.I.S., or any member, officer, agent , representative, employee, con-
tractor, or subcontractor,- then E.T.S. shall immediately desist from and correct
such violation.
Ix.
E.I.S. shall not assign this agreement without prior written consent of the
City, and any attempted assignment without prior written consent of the City shall
be void.
X.
In the event E.I.S. fails to comply with or breaches any of the terms, condi-
tions and covenants of this agreement, or for any other reason deemed necessary by
the City Manager or his duly authorized representative, City, shall have the right
to declare this agreement terminated without written notice to E.I.S., but shall
forthwith advise E.I.S. in writing of such election to terminate .
-5-
X1.
E.I.S. covenants and agrees that should any action whether real or asserted,
at law or in equity, arise out of the terms of this agreement between tre parties
hereto, venue for said action shall lie in Wichita County, Texas .
XII.
E.I.S. and City mutually covenant and agree that this writing constitutes the
sole and only agreement between E.I.S. and City pertaining to the services to be
performed by E.I.S. Any and all previous agreements, whether oral or in writing,
between said parties pertaining to such services are bereby terminated and cancel-
led and declared to be of no further force and effect . No prior or contemporaneous
written or oral agreement of any nature exists to alter or modify the terms of this
agreement .
EXECUTED at Wichita Falls, Wichita County, Texas, in multiple originals, this
A.D. 1982.
< day o f
By
3y
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM AND LEGALITY:
Cit3� AtL 4y EMPLOYERS 'S INFORMATION SERVICE
B
President
CONTRACT CHANGE ORDER ORDER NO. 2
DATE: 1/19/82
CONTRACT FOR: Holliday Creek Clearing Cleaning Project
OWNER: City of Wichita Falls
TO: Zack Burkett Company
Graham, Texas
You are hereby requested to comply with the following changes from
the contract plans and specifications .
DESCRIPTION OF CHANGE AMOUNT
1. Change in contract value due to
changes in quantities of bid items . (increase) $16 ,000
Old Contract Price $54 , 000
New Contract Price $70 ,000
JUSTIFICATION: increase in quantities to extend the amount of
work projected at hourly rental rates .
This document will become a supplement to the contract and all
provisions will apply hereto.
Requested: (Owner) (Date)
Accepted: (Contractor) (Date)
Page 3 of 4 pages
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