Min 10/05/1982 465
Wichita Falls, Texas
Memorial Auditorium Building
October 5, 1982
Items I & 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.
Gary D. Cook Mayor
Gene Shearman
John W. Hampton
Carol G. Russell Aldermen
Craig A. Wilson
Howard M. Morris
Horace 0. Boston
Stuart Bach City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred Werner Chief Accounting Officer
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The invocation was given by Frank Ashby, Southside Baptist Church.
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The Rider High School government class of Chris Flatt was welcomed by the
Mayor.
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Item 3
Moved by Alderman Shearman that minutes of the meetings held September 21 ,
23, and 28, 1982, be approved.
Motion seconded by Alderman Russell , and carried unanimously.
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Mayor Cook asked that any bids on an oil and gas lease at Lake Kickapoo be
brought forward at this time. None were submitted.
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Items 4a - 7b
Moved by Alderman Shearman that the consent agenda be approved.
Motion seconded by Alderman Boston.
Item 4a
RESOLUTION NO. 166-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
EASEMENT TO SOUTHWESTERN BELL TELEPHONE COMPANY FOR A DOWNGUY AND
ANCHOR IN KIWANIS PARK.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain easement for a downguy and anchor in Kiwanis Park, a copy of
which is attached hereto, from the City of Wichita Falls to Southwestern Bell
Telephone Company, is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls .
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris
and Boston
Nays: None
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466
Item 5a
The low bid for an annual supply of filters and cartridges to be used in
maintenance of the City's vehicles and equipment fleet was awarded to Grozier-Mann
Oil Company in the amount of $11 ,672.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 6a
A proposed resolution was presented authorizing final payment for the Bellevue
Park sculpture.
RESOLUTION NO. 167-82
RESOLUTION ACCEPTING SCULPTURE CREATED BY GEORGE SUGARMAN.
WHEREAS, the -City of Wichita Falls and George Sugarman entered into a contract
dated October 20, 1981 , where in Mr. Sugarman agreed to design, execute and install
a sculpture to be placed in Bellevue Park; and,
WHEREAS, said sculpture has been completed and erected as required by said
contract; and,
WHEREAS, the total contract price for such sculpture is $100,000.00, of which
$90,000.00 has been paid, leaving a balance of $10,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The design, execution and installation of the sculpture in Bellevue Park by
Mr. Sugarman is hereby accepted by the City of Wichita Falls, and the City Manager
is directed to pay to Mr. Sugarman the balance due of $10,000.00.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris , and
Boston
Nays: None
Item 7a
Minutes of the meeting of the Motor Vehicle Salvage and/or Junk Yard Commission
held September 22, 1982, were received.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
Item 7b
Minutes of the meeting of the Traffic Commission held September 22, 1982, were
received.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris, and
Boston
Nays: None
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Item 8a
Shirley Crawford, an employee of the Health Department, was honored as Employee
of the Month for October.
Mayor Cook presented her with a plaque, and two tickets each to a theatre and
dinner.
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467
Item 8b
Randolph Duke, of Gold Cross Medical Transportation, stated that he came
before the Council last July in regard to running emergency services in Wichita
Falls. A subsidy increase has been given to the present operator. Mr. Duke is
again requesting permission to operate in the City of Wichita Falls, and charge
for service. He presently operates from here to Dallas or Oklahoma City, or
anywhere he needs to go. He stated that they have the same equipment on his
ambulances as does the contractor, and he also has two airplanes available for
long-distance carrying, along with nurses and doctors. He is requesting a change
so that he may operate as an independent businessman.
Alderman Shearman asked about a court case involving a city with a similar
ambulance ordinance? Mr. Duke stated that there were Supreme Court hearings on a
situation with ordinances restraining trade, or restricting competition. This was
an anti-trust case with Sherman. Mr. Duke stated that he is not asking for a
subsidy. He finances his own. He again requested the Council to consider this
problem.
City Attorney H. P. Hodge, Jr. stated that he does not know anything about
an ambulance case. The case in Boulder dealt with cable TV. He does not know
what effect it might have on ambulance service. He further stated that we are not
telling Mr. Duke that he can't apply for an ambulance license like anyone else.
He is not being told by the City that he cannot apply for a license.
The Council requested that the City Attorney prepare an opinion on this case
in regard to the ambulance situation.
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Item 9a
No bids were received on a proposed oil and gas lease at Lake Kickapoo.
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Item 9b
A public hearing was opened on the 1982 Capital Improvements Street
Construction project.
John Penn, 4200 Blankenship, spoke for his sister, Lois Huddleston, 1709
City View Drive. He stated that she feels this would be of no value. There is no
foot traffic in this area. There is no drainage problem, and there have been no
sales in the area. It would not benefit her property in any manner.
Jim Wilder, 1021 Crescent Lane, stated that there are 11 houses on this street.
There is not much traffic. He is not opposed to the street, but to the 30 foot
width. This would make a racetrack. He stated that Covington his being widened
to 25 feet, which carries almost six times the amount of traffic. He requested the
Council to consider this.
The City Manager read letters into the record, as follows:
Joseph Rotz, 3303-3305 Northwest Drive, is in favor of the paving.
Merrill Beane, 1045 City View, is opposed to sidewalks , but favors other
improvements.
Mr. & Mrs. William E. Ellard, 1032 Covington, are opposed to sidewalks on
their property at 1730 City View Drive, but did not oppose curb and gutter.
Tom Foley, 2100 Santa Fe, appeared for a property owner on City View Lane.
His only objection is to sidewalks on the west side of City View. If and when the
property is developed, it could carry with it mandatory sidewalks.
Frank Johnson, 1506 City View, stated there is no foot traffic. He is opposed
to sidewalks in that area. The only traffic is school bus traffic.
Randy Brown, City Engineer, stated that the property is undeveloped from the
canal to the expressway on the West side.
468
Item 9b cont'd.
Alderman Shearman asked where the water will drain? Mr. Brown stated that all
the drainage is from the North to the South. If the canal were not in existence, it
would drain all the way back to Plum Creek, and then to the Iowa Park Road. The
storm system is being put in North of the canal to divert it back to Plum Creek. The
canal has totally disrupted the natural drainage in that area.
Alderman Shearman asked if this will cause more or less flooding in Plum Creek?
Mr. Brown stated that it will not affect Plum Creek at all . It will not cause a
problem.
Alderman Hampton asked about the practicality of deleting the requirements of
sidewalks on the West side of City View, North of the canal? Is there credence to
the fact that when this land is developed we could require sidewalks? We might be
putting in sidewalks which might not be needed for a long time.
The City Engineer stated that the Director of Public Works is given the liberty
of waiving sidewalks under certain conditions, such as inadequate right-of-way or a
hindrance. Two deaths occured on City View about a year ago. Frank Johnson stated
that the accident occured at the Iowa Park Road, and they were out-of-town people
walking along the road at 9:00 at night.
Joe Dow, 1513 City View Drive, appeared for himself and Mr. J. Shook. They are
not opposed to the street improvements and curb and gutter, but he does not see any
need for sidewalks going across a bunch of vacant lots. He stated that he is on the
East side. He is not opposed to having sidewalks in front of the residences that
are already there, but he does not see sidewalks on vacant lots.
City Attorney H. P. Hodge explained that the sidewalk ordinance covers several
different situations, and he read from the Code of Ordinances on different construction
and reconstruction programs.
Fred Morgan, 1628 City View Lane, stated that he is opposed to sidewalks. There
are no children who walk to school along the West side of the road.
The public hearing was closed
Alderman Wilson stated that safety is our first concern. The economic impact
is second.
Moved by Alderman Wilson that consideration on this matter be tabled until the
next meeting.
Motion seconded by Alderman Shearman, and carried unanimously.
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Item 10a
Discussion was held on a proposed ordinance waiving certain ordinances
concerning City enforcement of deed restrictions for certain properties.
A motion was made by Alderman Hampton and seconded by Alderman Shearman, for
discussion purposes, that the ordinance be passed.
Alton B. Garner, 2818 Preece, Unit 3, stated that he had been a resident in
Faith Village for 27 years. He has no desire to harm or hurt any of his neighbors.
He stated that they have no objections to the objections that will be offered this
morning. They concur with them, and could probably add others. The plans they have
made will be beneficial to Unit 3, and the City. About two weeks ago a short brief
was presented to the Council in which they outlined the true facts as to why this
project should be brought to them this morning. He requested that the Council
accept it as the true facts.
John Hirschi spoke as a property owner in Blocks 73 and 74, Faith Village Unit 3.
They propose to include only 12 lots in Blocks 73-74, which back up to Kemp Boulevard.
Only two of these twelve lots have been built on since the tornado in 1979. One of
them was rebuilt as a professional office, which was there at the time of the tornado.
The lots in question will either lie there, or they will be developed. He suggested
development of professional office buildings. He noted that professional office
buildings have improved Brook Street. He suggested appointment of a design review
469
Item l0a, cont'd.
committee that the residential owners would have voting control over. They do not
propose to include any business which would create odors, or noise at night. They
also discussed a buffer zone for the area. They need to set up something which is
satisfactory to both groups of people.
Mr. Hirschi noted improvements at Brook and Kell , where the developer agreed
to accept a professional office restriction. Another example of this is in Edgecliff
on Southwest Parkway where they would accept nothing except professional office
buildings. They propose the same thing for their lots on Kemp Street. He feels
this is a logical compromise that would allow them to get on with their business.
He stated that he cannot speak for all property owners. These proposed amendments
were only prepared yesterday. He stated that he is speaking only for approximately
fifty percent which they have talked with. He feels they are setting a tone for a
high quality development which would be of benefit to the area.
Alderman Shearman asked if this would act as a buffer zone between retail
trade and commercial areas? Mr. Hirschi stated that it would.
Alderman Hampton asked that if we were to propose this waiver we should
include all the terms listed on this page, just as we put a restriction on the lot
at Brook and Kell ? Mr. Hirschi answered in the affirmative, stating that this is
all they are requesting.
Alderman Shearman stated that it appears this would be an improvement over the
slabs that are still there from the tornado.
T. C. Williams, 2841 Featherston, Unit 2, stated that in this day and time we
don't have enough homes. This land was set aside for homes. He stated that
Mr. Hughes, the developer of the property, saw fit to place certain restrictions
in these deeds, and they do not call for what is proposed here today. We need
more affordable homes that people can pay for. He stated that he has a piece of
paper in his safety deposit box with all these restrictions. He stated that he
does not begrudge paying taxes. He knows of nowhere else he could live as cheap as
here. There was a head shop in this area at one time. Thankfully it is gone. He
commented that Mr. Hirschi speaks of a group or a committee which would have control
over their proposal . He wonders if it would be worth anything? He stated that he
has a deed which has restrictions in it. Is it going to be worth anything?
Phil Harlow, 4318 Barnett Drive, Unit 3, stated that this house is owned by
his wife. He stated that he feels strongly about businesses coming into this area.
He stated that their assessed value was tripled over a year ago. One of their
neighbors was quadrupled. They feel that businesses would lower the property value
considerably in this area.
Alderman Hampton asked the City Attorney to explain this proposed ordinance,
stating that it is not a waiver of deed restrictions.
City Attorney H. P. Hodge agreed that this is the case. The City has no
authority to waive deed restrictions. After the tornado the Council was concerned
about areas of moderate income people who would feel they did not have the resources
to hire their own lawyers. The Council adopted an ordinance which authorized the
City to enforce deed restrictions. Another ordinance directs the Building Inspection
Department to withhold building permits in an area that is restricted for residential
purposes. The request here today is not to waive deed restrictions, but to waive
the ordinance which authorized the City to enforce deed restrictions.
The normal course of litigation is open to the citizens, but the Council will
not get involved in this litigation.
Victor Avenius, 2805 Fleming, stated that this property would back up to his
property. He stated that they all built nicer homes after the tornado than they
had previously. His evaluation went from $10,000 to $12,000 to $53,000. One of
the lots they have tried to get released is not brick. They would like the Council
to uphold what they have now. Unit Two has two businesses now. What is to stop
them from coming on down into Faith Village?
470
Item 10a, cont'd.
Ed Majewski , 2806 Montgomery Place, stated that he lives directly across the
street from these properties. He stated that for all practical purposes it is a
waiver of deed restrictions because he cannot afford to hire a lawyer. He feels each
property should be considered individually. It is a good plan, but is more of a
dream. The big objection is the blanket waiver. If the blanket waiver is granted
it will set a precedent. The question is are we going to build it? It is only a
dream at this time. When and if a developer is ready to start, it should be
considered individually. He stated that he is not opposed to progress. If a
blanket waiver is granted, selective enforcement as is presently being accused,
will be just what they want.
Donald Travis, 2900 Featherston, Unit 3, objected that the ordinance in 1979
was not enforced. He stated that realtors went in there for personal gain. No
consideration is being given to traffic safety and eye sore of the property owners.
It does not need to be developed. If you do away with this ordinance, you will be
doing away with the enforcement of it. This is a political issue to bring zoning
before the City of Wichita Falls. He is opposed to zoning.
Mayor Cook stated that he is not aware of any favoritism which has been
granted, and trusts that this will not occur.
Mr. Williams asked if in taking this area into the city limits of Wichita Falls,
does the City have any obligation to protect the rights of the deeds to the property
owners? Mayor Cook stated that our assistance in the enforcement of deed restrictions
has been since the 1979 tornado.
Walter D. Caldwell , 2842 Featherston, stated that after the tornado a big
billboard sign was put in there against their will . If retail businesses are put
in there, someone will want to put a liquor store in there.
Mayor Cook stated that with the proposed amendment, this would restrict the
use of the property to professional office space. Alderman Shearman noted that our
liquor laws would prohibit liquor stores because it is not a state designated
highway. City Attorney H. P. Hodge agreed.
City Attorney H. P. Hodge noted that this billboard was located on property
which was not restricted. The original owner did not sign the restrictions.
Mr. Garner stated that this would not disfigure or hurt the property owners.
This would be limited to two block's on Kemp.
Delbert Hughes, 4309 Wolfe, stated that they are all vacant lots, and he
believes it would beautify_-the�area more than weeds. He would rather see brick
homes or office buildings than vacant lots.
Steve Paulson, 2809 Preece, stated that what worries him is that the plan was
drawn up yesterday, which shows no long range planning. He purchased this property
with confidence that he had seen the City act against these businesses, and with
confidence that they would continue this action.
Donald Travis stated that he is upset that the ordinance which was brought in
since 1979 is not being enforced. He stated that the development will not personally
affect him. He had property which he could have sold for $6,000 after the tornado,
and today it is not worth $4,000. He felt that favoritism had been shown, but zoning
is not the answer.
Alderman Wilson asked Mr. Travis for specifics. He mentioned a sign, and a
lot which was split. The lot was asphalted and developed into a business. It is
facing Featherston and backing up against Kemp. Mr. Winters has a realtor's office
in the middle of this subdivision. It is not within the rights of the deed
restrictions at this time. He also noted that two-story houses were allowed to be
built after the tornado.
Alderman Hampton pointed out that we are not allowed to interfere with deed
restrictions. There are lawsuits which have been filed, but they have not been
resolved.
471
Item 10a, cont'd.
City Attorney H. P. Hodge stated that the billboard suit was filed. The
company took the sign down and-moved it to a lot which was not r-estricted, so
there was not anything we could do about that. Two lawsuits were on the jury
docket in September, which they are pushing for trial . They were not able to get
them brought up on the docket.
The Council did not attempt to undo everything wrong which had been done
previously. Starting at this point they want to prevent residential areas from
going commercial . They did not take on the job of enforcing every deed restriction.
Primarily, they wanted to keep residential lots from going commercial , and also
the type of construction, such as mobile homes.
Pearl Caldwell , 2842 Featherston, stated that this sign was just backed up
closer to her house. All you see is a big sign of liquor or beer when you step out
of the front door. She believes deed restrictions should be a city law.
City Attorney H. P. Hodge stated that deed restrictions are not a city law.
They are designed to be enforced by the property owners. Zoning is a city law, but
we do not have zoning. Mrs. Caldwell stated that when they struggled to build
their home back, they expected it to be a home, and not a business.
Alderman Hampton amended the original motion, for discussion purposes, that
the amendments (copy attached) proposed by Mr. Hirschi be included as a part of
this ordinance. Also, that the five (5) lots (3 on one end, and 2 on the other) be
deleted from the proposed ordinance.
The amended motion was seconded by Alderman Shearman.
Alderman Wilson asked how this committee would be selected? Mayor Cook
explained they would be selected from record owners. Mr. Hirschi felt it should
be by some vote of the property owners.
Moved by Alderman Hampton that this matter be tabled until we can be sure
that we have the correct information and wording in the ordinance.
Motion seconded by Alderman Shearman, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
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Item 10b
A proposed ordinance was presented amending time limits on certain parking
meters.
ORDINANCE NO. 94-82
AN ORDINANCE AMENDING SUB-PARAGRAPH (a) OF SECTION 29-148 OF THE CODE
OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS.
Moved by Alderman Russell that Ordinance No. 94-82 be passed.
Motion seconded by Alderman Boston.
Alderman Morris asked what it cost to change the parking meters, and what it
will cost to change them back? Jack Griffin, Acting Director of Traffic and
Transportation, estimated about $200 in material . He stated that this was worked
in with their routine maintenance. He did not have a feel for the labor costs.
Alderman Morris commented that he should have. Mr. Griffin stated that he did not
consider that it was wasted. The Traffic Commission recommended this proposal .
Mr. Griffin stated that he had received complaints from merchants on Indiana
and near the YM and YWCA. This is the recommendation presented by the Downtown
Association .
472
Item 10b, cont'd.
Alderman Hampton commented on an article from the Fort Worth Star-Telegram,
stating that on September 1 , 1982, it was reported that the Council doubled the
downtown parking meters. He stated that it is bound to cost more than $200. This
was done in Fort Worth to assure a rapid turnover in parking meters. If you are
going to work downtown it should be cheaper to park in a commercial lot than on a
parking meter. They raised the rates from $.30 to $.60 an hour. He stated that he
has received complaints. One hour was taken up by drinking coffee and visiting.
One was legitimate. Some employees were complaining that they were having to go out
and put nickels in the meters more often, and this was not the intent of it.
Alderman Morris requested that we look at the feasibility of increasing the
parking meter fees.
Alderman Shearman noted that we do not have the same luxury of the downtown
areas as Fort Worth or Dallas. Mayor Cook suggested that there may not be
sufficient commercial areas to park.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
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Item lla
RESOLUTION NO. 168-82
RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER PROPOSED NEW RATES OF
VISTA CABLEVISION, INC.
WHEREAS, Vista Cablevision, Inc. has filed with the City a request dated
September 16, 1982 that the Board of Aldermen consider a proposed rate change in
their basic service monthly rate from $6.95 to $8.50 and adding language to the
rate schedule providing for optional services and equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Board of Aldermen shall hold an appropriate public hearing on the 7th day
of December, 1982, at 8:30 o'clock A.M. in the Council Chamber in the Memorial
Auditorium Building in Wichita Falls, at which hearing all parties desiring to be
heard, including Vista Cablevision, Inc. shall be heard on any matters relating to
the performance of this franchise, Vista Cablevision's services, and the proposed
new rates.
Moved by Alderman Shearman that Resolution No. 168-82 be passed.
Motion seconded by Alderman Morris, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
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Item llb
The Lake Arrowhead Volunteer Fire Department requested that they be allowed
to lease lots on both sides of the lake for construction of fire equipment storage
buildings.
473
item llb, cont'd.
RESOLUTION NO. 169-82
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
WITH THE LAKE ARROWHEAD VOLUNTEER FIRE DEPARTMENT FOR TWO FIRE STATION
SITES AT LAKE ARROWHEAD.
WHEREAS, Lake Arrowhead Volunteer Fire Department, a non-profit corporation
which provides fire protection and prevention for area residents at Lake Arrowhead,
whose only sources of revenue are contributions and fund raising efforts of its
members, desires to lease two tracts of land at Lake Arrowhead, each tract being
200 feet by 200 feet, with one tract being located on the east side of the lake
and the other on the west side of the lake; such Department plans to build a
22 foot by 32 foot metal structure at each location in which to house their
equipment, and the remainder of each tract shall be used for parking and future
expansion; and,
WHEREAS, the Board of Aldermen deem it to be in the public interest to lease
such tracts for one dollar per year.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute for the City of Wichita Falls
a lease on two tracts of land, each 200 feet by 200 feet, to Lake Arrowhead Volunteer
Fire Department to be used in the providing of fire protection and prevention for
area residents at Lake Arrowhead. One such tract shall front on the south side of
West Arrowhead Drive near its intersection with West Arrowhead Lane; the other tract
shall front on the south side of East Arrowhead Drive near its intersection with
Navajo Trail . The rental for such lease shall be one dollar per year, and the term
of such lease shall be 25 years, with an option to renew for an additional 25 years
by such Department. Such lease shall contain such other provisions as are deemed
appropriate by the City Manager.
Moved by Alderman Shearman that Resolution No. 169-82 be passed.
Motion seconded by Alderman Morris, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
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Item llc
The Texas Department of Public Health has required the City to develop a plan
for sludge disposal at the River Road Wastewater Treatment Plant. Authority was
requested to execute a contract with Biggs and Mathews, Inc. to design and prepare
plans and specifications for this work.
RESOLUTION NO. 170-82
RESOLUTION APPROVING THE HIRING OF THE FIRM OF BIGGS & MATHEWS, INC,
CONSULTING ENGINEERS FOR ENGINEERING SERVICES FOR PHASE I SLUDGE
DISPOSAL FACILITIES.
WHEREAS, the City of Wichita Falls proposes to construct a sludge collection
system, pump station, and sludge pipeline from the River Road Plant to the north
side of the Wichita River; and,
WHEREAS, the City wishes to employ the firm of Biggs & Mathews, Inc. to
provide engineering services for these improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Firm of Biggs & Mathews, Inc. has agreed to provide engineering services
according to the attached contract. This contract is hereby accepted and the
City Manager is authorized to execute the contract for the City of Wichita Falls.
474
Item 11c, cont'd.
Moved by Alderman Shearman that Resolution No. 170-82 be passed.
Motion seconded by Alderman Russell , and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
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Item Ild
A proposed resolution was presented authorizing a contract with Individual
Development Center, Inc. for maintenance-related services by a handicapped crew.
RESOLUTION NO. 171-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH THE INDIVIDUAL DEVELOPMENT CENTER, INC. , FOR CONTINUATION OF MAINTENANCE
AND CLEAN-UP SERVICES.
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 Individual Development Center, Inc. , for maintenance and
clean-up services of certain City properties by vocationally handicapped persons,
is hereby approved, and the City Manager is authorized to execute the same for the
City of Wichita Falls.
Moved by Alderman Morris that Resolution No. 171-82 by passed.
Motion seconded by Aldermen Russell , and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
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Item lle
A proposed resolution was presented authorizing a contract with Community Action
Corporation for a meals-on-wheels program.
RESOLUTION NO. 172-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH THE COMMUNITY ACTION CORPORATION CONCERNING THE MEALS-ON-WHEELS PROGRAM.
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 Community Action Corporation of Wichita Falls and North Texas
Area, concerning the Meals-on-Wheels Program which is operated by the Community Action
Corporation, is hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
Moved by Alderman Morris that Resolution No. 172-82 be passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
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475
Item llf
A proposed resolution was presented authorizing a contract with MH-MR to
provide community services, and various services to the City of Wichita Falls.
RESOLUTION 173-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE MENTAL HEALTH-MENTAL RETARDATION CENTER FOR THE
PROVISION OF CERTAIN SERVICES.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain contract, a copy of which is attached hereto, between the City
of Wichita Falls and the Wichita Falls Community Mental Health-Mental Retardation
Center, is hereby approved, and the City Manager is authorized to execute the same
for the City of Wichita Falls
Moved by Alderman Russell that Resolution No. 173-82 be passed.
Motion seconded by Alderman Shearman, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
- - - - - - - - - -
Item llg
A proposed resolution was presented authorizing a contract with Community
Council for various social service programs.
RESOLUTION NO. 174-82
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT
WITH COMMUNITY COUNCIL OF GREATER WICHITA FALLS, INC.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain agreement, a copy of which is attached hereto, between the City
of Wichita Falls and the Community Council of Greater Wichita Falls, Inc. , is
hereby approved, and the City Manager is authorized to execute the same for the
City of Wichita Falls.
Moved by Alderman Russell that Resolution No. 174-82 be passed.
Motion seconded by Alderman Morris, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
- - - - - - - - - -
Item llh
A proposed resolution was presented authorizing a contract for the Family
Practice Residency Program.
RESOLUTION NO. 175-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH NORTH CENTRAL TEXAS MEDICAL FOUNDATION FOR THE FAMILY
PRACTICE RESIDENCY PROGRAM.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain contract, a copy of which is attached hereto, between the City
of Wichita Falls and the North Central Texas Medical Foundation, for a Family
Practice Residency Program, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
476
Item llh cont'd.
Moved by Alderman Shearman that Resolution No. 195-82 be passed.
Motion seconded by Alderman Hampton, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
- - - - - - - - - -
Item lli
A proposed resolution was presented authorizing a contract with Wichita County
for disposal of dead animals.
RESOLUTION NO. 176-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF WICHITA FALLS AND THE COUNTY OF WICHITA FOR DEAD ANIMAL
PICK-UP AND DISPOSAL.
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 County of Wichita, whereby Wichita County agrees to pay a part
of the cost of the dead animal pick-up and disposal service, is approved, and the
City Manager is authorized to execute such contract for the City of Wichita Falls.
Moved by Alderman Morris that Resolution No. 176-82 by passed.
Motion seconded by Alderman Boston, and carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and
Boston
Nays: None
- - - - - - - - - -
Item llj
A proposed resolution was presented appointing a court reporter for the
Municipal Court of Record.
RESOLUTION NO. 177-82
RESOLUTION APPOINTING CAROL LEONARD THE OFFICIAL COURT REPORTER OF THE
MUNICIPAL COURT OF RECORD, FIXING HER COMPENSATION, AND APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CAROL LEONARD
TO SERVE AS SUCH OFFICIAL COURT REPORTER.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
SECTION 1 . Carol Leonard is hereby appointed the official Court Reporter of
the Municipal Court of Record of the City of Wichita Falls, and her compensation is
fixed at the sum of $15,600.00 per year.
SECTION 2. That certain contract, a copy of which is attached hereto, between
the City of Wichita Falls and Carol Leonard, whereby she furnishes services as official
Court Reporter of the Municipal Court of Record of the City of Wichita Falls, is hereby
approved, and the City Manager is authorized to execute the same for the City of
Wichita Falls.
For discussion purposes, it was moved by Alderman Boston, and seconded by Alderman
Hampton that the resolution be passed.
Alderman Hampton commented that this is an awful high salary for 3 days work. The
previous court reporter was paid $16,199, for a five-day work week, and she went to the
County for $6,000 more than this. He commented that we will be paying more than the
court house on a daily basis.
477
Item Ili, cont'd.
Alderman Wilson asked what she will be doing on Tuesday and Thursday?
Judge Nice, of the Municipal Court, stated that prior to the present law we
could take an excellent stenographer, but now we have to start with a certified
court reporter, and we could not find anyone to work for this amount. We would
still have six court sessions, but we would not have to have them every day. Trials
would not be held on Tuesday and Thursday. This would not require us to have a
court reporter every day. They can make more money doing depositions for lawyers
downtown. On Tuesday and Thursday they can freelance. He stated that he notified
the two court reporting services listed, plus the County, and no one showed an
interest in this job until they came up with this plan. We are getting a certified
court reporter for less money than the other reporter.
Alderman Wilson asked how many certified court reporters are in the area, and
how long does it take them to get this certification? Judge Nice stated that two
years schooling is required, and they also have to pass a test of 225 words per
minute. Some are certified under the Grandfather clause. He explained that he knew
about five in the area.
Mayor Cook confirmed that the new court reporter will be attending the same
number of sessions as the other court reporter, but it will just be for three days,
and less money.
Alderman Morris clarified with Judge Nice that what he is saying is because
of the shortage of court reporters in this area, this is the only option we have?
Judge Nice stated that it is.
Judge Nice stated that he would not be aksing for another secretary. Adjustments
would be made in the present staff so that he and the prosecutor could use the same
one.
- - - - - - - - - -
Item 12a
Consideration was given to a Trimester Allotment System.
Moved by Alderman Shearman that we adopt the Trimester Allotment System, as
proposed. (copy attached)
Motion seconded by Alderman Morris.
Alderman Hampton stated that he would have to vote against it because he
believes it will take more time and paperwork. He does not feel we have a need for
it now.
Mayor Cook stated that the software program this year would allow us to get the
information, and hopefully it will not be needed next year.
Alderman Boston asked about the administrative procedures, and when we would
see them?
City Manager Stuart Bach explained that with Council approval of the concept,
he would be happy to share them with the Council . It would be his instructions to
the staff on administering it. Mayor Cook noted that the charter provides this
authority.
The motion was carried by the following vote.
Ayes: Mayor Cook, Aldermen Shearman, Russell , Wilson and Morris
Nays: Aldermen Hampton and Boston
- - - - - - - - - -
Item 12b
No other business came before the Board.
- - - - - - - - - -
478
Item 12b cont'd.
The Board of Aldermen adjourned at 11 :15 A.M.
PASSED AND APPROVED this day of 1982.
G D ook, Mayor
ATTEST:
Wilma J. Thomas, City Clerk
STATE OF TEXAS 0
COUNTY OF WICHITA 0
This Contract, made and entered into as of the day of 1982,
by and between the City of Wichita Falls, Wichita Falls, Texas (hereinafter
cal led "Owner") and the firm of Biggs & Mathews, Inc . , Consulting Engineers,
Wichita Falls, Texas (hereinafter called "Engineer") .
WITNESSETH:
WHEREAS, the Owner will require the construction of certain main improve-
ments involving sludge disposal facilities at the wastewater treatment plant
located south of the Wichita River in the City of Wichita Falls and
WHEREAS, the firm of Biggs & Mathews, Inc. is acceptable to the Owner and
is willing to enter into a contract to perform engineering service required by
the Owner;
NOW THEREFORE, it is agreed as follows:
I
The Owner hereby retains the Engineer for all engineering services re-
quired in connection with the sanitary sewer line construction. The services
performed by the Engineer in connection with the proposed improvements shall be
as follows:
I . Prepare plans and specifications
II. Prepare contract documents
III . Conduct general and/or resident supervision of project
IV. Prepare monthly progress reports and pay estimates and submit same
to the Owner for payment
-1-
Page 3 of 9 Pages
Agenda Item No.
V. Prepare "As-Built" plans
VI . Assist Owner in the final project acceptance process .
11
Item No. I - Preparing of detailed plans and specifications shall include:
(a) Establ ishing the scope of any soil and foundation investigations
which may be required and making the necessary arrangements to obtain
the necessary services.
(b) Surveys, preliminary design and layout of the improvements.
(c) Preparation of detailed plans.
(d) Preparation of project quantities and cost estimates.
(e) Furnish to the Owner all necessary copies of approved plans, specifi-
cations, notices to bidders and proposal forms.
Item No. II - Prepare Contract Documents shall include:
(a) Preparation of the Contracts and specifications .
(b) Assistance in the advertisement of the project for bids.
(c) Assistance in the opening, tabulation and analysis of the bids re-
ceived and recommendations as to the appropriate action to be taken.
(d) Assistance in the preparation of formal contract documents for con-
struction contracts.
Item No. III - Conduct general and/or resident supervision of project shall
include:
(a) Making periodic visits to the various sites (as distinguished from
the continuous services of a resident Project Represent at-i ve) to
observe the executed work and to determine in general if the work is
proceeding in accordance with the contract documents. In carrying
out this function, it is understood that the Engineer does not
guarantee the contractor' s performance, nor is he responsible for
supervision of the contractor' s operation and employees.
(b) Consulting and advising with the Owner and preparing routine change
orders as required.
(c) Reviewing shop and working drawings and design mixes furnished by
contractors for compliance with design concept and with information
given in contract documents (contractor is responsible for dimensions
to be confirmed and correlated at job site) .
-2-
Page 4 of 9 Pages
Agenda Item No.
(d) Preparation of monthly and final estimates for payments to contrac-
tors, and furnishing any necessary certifications as to payments to
contractors and suppliers.
(e) Performing, in company with the representative of the Owner, a final
inspection of the project.
(f) Revision of construction drawings , with the assistance of the resi-
dent Project Representative, to reflect any revisions included in
construction records.
(g) Furnish Owner with three (3) sets of construction drawings.
Item No. IV - Prepare "As-Built" plans shall include:
(a) Updating plans to show any changes during construction.
(b) Furnish Owner with three (3) sets of "As-Built" prints and one (1)
set of reproducible tracings.
III
For the basic services performed under Section II of this agreement, the
compensation to the Engineer shall be expressed as a percent of the cost of
construction for which preparation of plans and specifications are authorized
and shall be ten and one-half (10.5%) percent.
Upon completion of the services as set out in Section II of this agree-
ment, eighty (80%)' percent of the total basic charge shall be due and payable.
The remaining twenty (20%) percent shall be paid during construction in pro-
portion to the Contractor' s earnings.
For special services such as court litigation and other miscellaneous
services not outlined in Section II , the Engineer shall be compensated on the
basis of the Schedule shown in Section IV. Statements for services in this
category shall be rendered monthly and payment shall be due not less than
thirty (30) days after submission of a statement.
-3-
Page 5 of 9 Pages
Agenda Item No. -
The Enq i neer shal I cred i t to the Owner the sum of two thousand f i ve hund-
red do] lars (S2,500 .00) after the 30% initial basic charge has been paid by the
Owner for the first phase construction work as set out in "Engineering Report
for Sludge Disposal at the Main Wastewater Plant" , dated February, 1982, by
Biggs & Mathews, Inc . An additional $2,500.00 shall be credited against
payment for engineering services for the subsequent phases of construction .
The total engineering fee for the first phase construction work shall not
exceed $17 ,500-00 for the basic services.
IV
The charge provided herein shall not include property, boundary, and
right-of-way survey, shop, mill , field or laboratory inspection of materials;
cost of inspection borinqs or other subsurface explorations; copies of "As-
Built" plans and specifications in excess of three (3) ; calculations of special
as-sessments; the services of a resident Project Representative for continuous
on-the-site observance of the work; or the furnishing of construction line and
grade surveys .
If the Owner elects to have the Engineer furnish services of a resident
Project Representative for continuous on-the-site observance of the work or the
furnishing of construction line and grade surveys, the Engineer will furnish
this service at the following schedule of rates :
SURVEY PERSONNEL
Four-Man Survey Party $ 70.00 per hour
Three-Man Survey Party $ 58.00 per hour
Land Surveyor $ 24.00 per hour
CONSTRUCTION INSPECTION
Resident Engineer $ 30.00 per hour
Resident Inspector $ 18.00 per hour
ENGINEERING AND GENERAL SUPERVISOR
Principal or Officer of Firm $ 45.00 per hour
Project Engineer $ 36.00 per hour
Senior Draftsman $ 17 .50 per hour
Junior Draftsman $ 12.00 per hour
-4- Page 6 of 9 Pages
Agenda Item No.
Direct expenses and subcontract costs incurred shal I be reimbursed at
actual cost.
If during preparation of the plans and specifications, or thereafter , the
Engineer shall be required to render additional services because of changes or
delays, or other causes beyond his control , then the Engineer shall be com-
pensated for such additional services on the basis of the schedule set out in
Section IV.
V
It is understood and agreed that the Owner shall have complete control of
the services to be rendered and that no work shall be done under this contract
until the Engineer is instructed in writing to proceed with the work. At the
time written instructions are given to the Engineer to proceed, evidence shall
be furnished that funds are available to pay for the services rendered.
It is also understood that the Engineer will not supply a resident Project
Representative for continuous on-the-site observance of the work or furnish
construction line and grade surveys unless instructed in writing to do so.
VI
Any provision in this contract notwithstanding, it is specifically under-
stood and agreed that the Engineer shall not authorize or undertake any work
pursuant to this contract, which work would require the payment of any charge,
expense or reimbursement in addition to the charge stipulated in Section III ,
without having first had and obtained specific written authority therefore.
VII
This contract shall not be assignable in whole or in part without the
consent of the Owner.
-5-
Page 7 of 9 Pages
Agenda Item No.
V I I I
All payments for services rendered by the Enqineer that have not been paid
within sixty (60) days after becominq due shall thereafter accrue interest at
the rate of eighteen (18%) percent per annum.
Ix
In connection with all the work outlined or contemplated above, it is
agreed that the Owner or the Engineer may cancel or terminate this contract .
Upon thirty (30) days written notice of such cancellation from either party to
the other, all work and labor being performed under this contract shall imme-
diately cease, pending final cancellation at the end of such thirty day period,
and further provided that the Engineer shall be compensated in accordance with
the terms of this agreement for all work accomplished by him prior to the re-
ceipt of notice of such termination.
X
The City of Wichita Falls or any of its duly authorized representatives
shall have access to any books, documents, papers and records of the Engineer
which are directly pertinent to this project for the purpose of making accurate
examination, excerpts and transcription.
XI
The Engineer shall have access to any existing City plats and records in the
possession of the Owner that will be of benefit in the preparation of the plans
and specifications.
-6-
Page 8 of 9 Pages
Agenda Item No._
IN WITNESS HEREOF, the City of 'Wichita Falls, Texas has caused this con-
tract to be executed by its City Manager and attested by its City Clerk and the
official seal of the City affixed hereto, and Biggs & Mathews , Inc . , Consulting
Engineers , has caused this contract to" he executed by its President and its
Secretary, with all such executions being in quadruplicate, each of which shall
constitute an original , and al I of which has been done as of the date here
above first written.
APPROVED AS TO FORM:
BY
City Attorney
CITY OF WICHITA FALLS
By - City Manager
ATTEST:
----C—ity _ClerF__
Consulting Engineers
BY
Pre�i—dent
iggs ' 'Jr.
No. 16101
Registered Professional Engineer
ATTEST:" '�
c re e t
ret
-7-
Page 9 of 9 Pages
Agenda Item No.
STATE OF TEXAS 0
COUNTY OF WICHITA 0
This Contract, made and entered into as of the day of 1982,
by and between the City of Wichita Falls,, Wichita Falls, Texas (hereinafter
called "Owner") and the firm of Biggs & Mathews, Inc . , Consulting Engineers,
Wichita Falls, Texas (hereinafter called "Engineer") .
WITNESSETH:
WHEREAS, the Owner will require the construction of certain main improve-
ments involving sludge disposal facilities at the wastewater treatment plant
located south of the Wichita River in the City of Wichita Falls and
WHEREAS, the firm of Biggs & Mathews, Inc. is acceptable to the Owner and
is willing to enter into a contract to perform engineering service required by
the Owner;
NOW THEREFORE, it is agreed as follows:
I
The Owner hereby retains the Engineer for all engineering services re-
quired in connection with the sanitary sewer line construction. The services
performed by the Engineer in connection with the proposed improvements shall be
as follows:
I . Prepare plans and specifications
II. Prepare contract documents
III . Conduct general and/or resident supervision of project
IV. Prepare monthly progress reports and pay estimates and submit same
to the Owner for payment
Page 3—of 9 Pages
Agenda Item No.
V. Prepare "As-Built" plans
VI . Assist Owner in the final project acceptance process .
II
Item No. I - Preparing of detailed plans and specifications shall include:
a) Establ ishing the scope of any soil and foundation investigations
which may be required and making the necessary arrangements to obtain
the necessary services.
(b) Surveys, preliminary design and layout of the improvements.
(c) Preparation of detailed plans.
(d) Preparation of project quantities and cost estimates.
(e) Furnish to the Owner all necessary copies of approved plans, specifi-
cations, notices to bidders and proposal forms.
Item No. II - Prepare Contract Documents shall include:
(a) Preparation of the Contracts and specifications.
(b) Assistance in the advertisement of the project for bids.
(c) Assistance in the opening, tabulation and analysis of the bids re-
ceived and recommendations as to the appropriate action to be taken.
(d) Assistance in the preparation of formal contract documents for con-
struction contracts.
Item No. III - Conduct general and/or resident supervision of project shall
include:
(a) Making periodic visits to the various sites (as distinguished from
the continuous services of a resident Project Representative) to
observe the executed work and to determine in general if the work is
proceeding in accordance with the contract documents. In carrying
out this function, it is understood that the Engineer does not
guarantee the contractor' s performance, nor is he responsible for
supervision of the contractor' s operation and employees.
(b) Consulting and advising with the Owner and preparing routine change
orders as required.
(c) Reviewing shop and working drawings and design mixes furnished by
contractors for compliance with design concept and with information
given in contract documents (contractor is responsible for dimensions
to be confirmed and correlated at job site) .
-2-
Page 4 of 9 Pages
Agenda Item No.
(d) Preparation of monthly and final estimates for payments to contrac-
tors, and furnishing any necessary certifications as to payments to
contractors and suppliers.
(e) Performing, in company with the representative of the Owner, a final
inspection of the project.
(f) Revision of construction drawings, with the assistance of the resi-
dent Project Representative, to reflect any revisions included in
construction records.
(g) Furnish Owner with three (3) sets of construction drawings.
Item No. IV - Prepare "As-Built" plans shall include:
(a) Updating plans to show any changes during construction.
(b) Furnish Owner with three (3) sets of "As-Built" prints and one (1)
set of reproducible tracings.
III
For the basic services performed under Section II of this agreement, the
compensation to the Engineer shall be expressed as a percent of the cost of
construction for which preparation of plans and specifications are authorized
and shall be ten and one-half (10.5%) percent.
Upon completion of the services as set out in Section II of this agree-
ment, eighty (80%)' percent of the total basic charge shall be due and payable.
The remaining twenty (20%) percent shall be paid during construction in pro-
portion to the Contractor' s earnings.
For special services such as court litigation and other miscellaneous
services not outlined in Section II , the Engineer shall be compensated on the
basis of the Schedule shown in Section IV. Statements for services in this
category shall be rendered monthly and payment shall be due not less than
thirty (30) days after submission of a statement.
-3-
Page 5 of 9 Pages
Agenda Item No. -
The Engineer shal I credit to the Owner the sum of two thousand five hUnd-
red dollars ($2,500 .00) after the 80% initial basic charge has been paid by the
Owner for the first phase construction work as set out in "Engineering Report
for Sludge Disposal at the Main Wastewater Plant" , dated February, 1982, by
Biggs & Mathews, Inc . An additional $2,500.00 shall be credited against
payment for engineering services for the subsequent phases of construction .
The total engineering fee for the first phase construction work shall not
exceed $17,500.00 for the basic services.
IV
The charge provided herein shall not include property, boundary, and
right-of-way survey, shop, mill , field or laboratory inspection of materials;
cost of inspection borinqs or other subsurface explorations; copies of "As-
Built" plans and specifications in excess of three (3) ; calculations of special
for continuous
assessments; the services of a resident Project Representative
on-the-site observance of the work; or the furnishing of construction line and
grade surveys.
If the Owner elects to have the Engineer furnish services of a resident
Project Representative for continuous on-the-site observance of the work or the
furnishing of construction line and grade surveys, the Engineer will furnish
this service at the following schedule of rates :
SURVEY PERSONNEL
Four-Man Survey Party S 70.00 per hour
Three-Man Survey Party $ 58-00 per hour
Land Surveyor $ 24.00 per hour
CONSTRUCTION INSPECTION
Resident Enqineer $ 30.00 per hour
Resident Inspector $ 18.00 per hour
ENGINEERING AND GENERAL SUPERVISOR
Principal or Officer of Firm $ 45.00 per hour
Project Engineer $ 36 .00 per hour
Senior Draftsman $ 17 .50 per hour
Junior Draftsman $ 12.00 per hour
-4- Page 6 of 9 Pages
Agenda Item No.
Direct expenses and subcontract costs incurred shall be reimbursed at
actual cost.
If during preparation of the plans and specifications , or thereafter , the
Engineer shall be required to render additional services because of changes or
delays, or other causes beyond his control , then the Engineer shall be com-
pensated for such additional services on the basis of the schedule set out in
Section IV.
V
It is understood and agreed that the Owner shall have complete control of
the services to be rendered and that no work shall be done under this contract
until the Engineer is instructed in writing to proceed with the work. At the
time written instructions are given to the Engineer to proceed, evidence shall
be furnished that funds are available to pay for the services rendered.
It is also understood that the Engineer will not supply a resident Project
Representative for continuous on-the-site observance of the work or furnish
construction line and grade surveys unless instructed in writing to do so.
V1
Any provision in this contract notwithstanding, it is specifically under-
stood and agreed that the Engineer shall not authorize or undertake any work
pursuant to this contract, which work would require the payment of any charge,
expense or reimbursement in addition to the charge stipulated in Section III ,
without having first had and obtained specific written authority therefore.
VII
This contract shall not be assignable in whole or in part without the
consent of the Owner.
Page 7 of 9 Pages
Agenda Item No.
Vill
Al 1 payments for services rendered by the Engineer that have not been paid
within sixty (60) days after becominq due shal 1 thereafter accrue interest at
the rate of eighteen (18%) percent per annum.
IX
In connection with all the work outlined or contemplated above, it is
agreed that the Owner or the Engineer may cancel or terminate this contract .
Upon thirty (30) days written notice of such cancellation from either party to
the other, all work and labor being performed under this contract shall imme-
diately cease, pending final cancellation at the end of such thirty day period,
and further provided that the Engineer shall be compensated in accordance with
the terms of this agreement for all work accomplished by him prior to the re-
ceipt of notice of such termination.
X
The City of Wichita Falls or any of its duly authorized representatives
shall have access to any books , documents, papers and records of the Engineer
which are directly pertinent to this project for the purpose of making accurate
examination, excerpts and transcription.
XI
The Engineer shall have access to any existing City plats and records in the
possession of the Owner that will be of benefit in the preparation of the plans
and specifications.
-6-
Page 8 of 9 Pages
Agenda Item No.
IN WITNESS HEREOF, the City of Wichita Falls, Texas has caused this con-
tract to be executed by its City Manaqer and attested by its City Clerk and the
official seal of the City affixed hereto, and Biggs & Mathews , Inc . , Consulting
Engineers , has caused this contract to' he executed by its President and its
Secretary, with all such executions being in quadruplicate, each of which shall
constitute an original , and al I of which has been done as of the date here
above first written.
APPROVED AS TO FORM:
BY
City Attorney
CITY OF WICHITA FALLS
By
City ganaqer
ATTEST:
City Clerk
Consulting Engineers
BY
JJ' E. Biggs , 'Jr. ,vP.L . , PrEsident
Registered Professional Engineer No. 16101
ATTEST: ,.
ecret
7-
Page 9 of 9 Pages
Agenda Item No.
Al-t Texas Plant Form 24
Rev, 11-71 JAU
@ Southwestern Bell - EASEMENT
THIS EASEMENT, entered into by the undersigned, herein referred to as GRANTORS, and SOUTH-
WESTERN BELL TELEP�lNE COMPANY, GRANTEE, wherein GRANTORS, in consideration of the sum of
A
Dollars i$
MAle .4 d No.0 _P e presents GRANT, BARGAIN
and other valuable consideration, receipt of which is hereby acknowledged, do by thes
AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective
successors, assigns, and licensees, a permanent easement to construct, operate, filaintain, inspect, replace and remove
such telecommunication and electric transinission and distribution systems and lines, and 11, appurtenances thereto, Is
may be required by Grantee front tirne to time, UpOn, over and under a strip of land % x 15'
feet in width, across Grantors' land sittiated in Wichita County, Texas,and described as tollows:
Being a tract of land out of the Denton County School Land Survey, League 1 ,
of the Walker & Fletcher Cowherds Sub-division, conveyed with a Deed from T. B.
Noble Et-Al J. A. Kemp and C. W. Reid to the City of Wichita Falls, deed dated
September 20, 1927 and is recorded in the Deed Records in Vol . 285 at page 196,
Wichita County, Texas.
Location of Easement is as follows: a distance of 237.9' North of the South-
west corner, a 5' x 15' anchor easement on Kiwanis Park Land.
Notwithstanding any other provision herein, if in the future grantor needs
this property for public use, it shall have the right to terminate this easement.
TO HAVE AND TO HOLD same, with all rights and appLirtenances to the sarne belonging, unto Grantee, its
so(cessors, assigns and licensees until the use of the easement is relinquished or abandoned, including (1) the right to
grant licenses to electric power companies and other wire or cable using companies to jointly use the easement in
accordance with the provisions hereof, (2) the right of ingress and egress to and from the easement by reasonable
routes across Grantors' property, (3) the right to clear and trim trees, overhanging branches, roots, brush and other
obstructions in the easement, (4) the right to install temporary or permanent gates in fences crossing the easement.
Grantee, its Successors, assigns and licensees, shall repair and restore the property and pay for damage to
crops or other property following construction and maintenance work. Further, Grantors reserve the right to use and
enjoy their interests in the easement area insofar as the exercise thereof does not endanger or interfere with the
construction, operation and maintenance of said systems and lines, and included in this reservation is the right of
ordinary cultivation of crops.
Grantors warrant that they are the owners of the land here conveyed and have the right to make this
conveyance and receive the payment therefor, and Grantors covenant that Grantee, its successors, assigns and licensees,
may quietly enjoy the premises for the uses herein stated.
Signed and executed this day of 19
Witness:
Execute acknowledgment on reverse side
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
THIS CONTRACT made and entered into as of the lst day of October,
1982 by and between the Individual Development Center, Inc. , hereinafter
called "IDC," and the City of Wichita Falls , hereinafter called "City."
WITNESSETH:
IDC, as an independent contractor, hereby agrees to employ one crew
of vocationally handicapped persons composed on one (1 ) supervisor and four
(4) to five (5) vocationally handicapped employees. This crew will carry
out assigned work authorized by the City of Wichita Falls , which may
include but will not be limited to:
- cleaning and sweeping curbs and gutters;
- picking up litter and debris ;
- storm drain clearing and cleaning;
- removing growth from concrete and other surfaces;
and
- light brush or shrub cutting to eliminate hazards.
Ii .
The IDC crew supervisor will accept work assignments from the City of
Wichita Falls . The IDC crew supervisor shall provide satisfactory
documentation for all Extended Rehabilitation Services reports, including
but not limited to daily work/task location logs and time sheets . The
IDC crew supervisor will work forty (40) hours a week, and the crew members
will each work a maximum of thirty-five (35) hours weekly. Training for
the supervisor and employees will be provided by the City. All tools and
materials needed to carry out this agreement will be supplied by the City.
III .
IDC will be responsible for completing work assignments thoroughly
and satisfactorily, with the acceptability of the work performed to be determined
by the City. IDC will be responsible for informing the Extended Rehabilita-
tion Services supervisor at the Texas Rehabilitation Commission of work
assignments . At the City's option, cost-effectiveness analyses of the IDC
services performed hereunder may be conducted; such cost-effectiveness
analyses will be the result of joint efforts between the City and IDC with
Page 3 of 5 Pages
Agenda Item No.11.d.
-2-
the City determining the time frame in which the analyses shall be accomplished.
IV.
IDC will bill Texas Rehabilitation Commission monthly for standard
agency reimbursement of each month 's Extended Rehabilitation Services
fees . The City shall reimburse IDC all remaining contract costs (such as
payroll , accounting, supervisory overhead, and administrative services)
payable at the rate of $3.747 per man hour of direct labor documented by
IDC according to standard accounting practices and billed on a monthly basis .
V.
IDC will assure that a vehicle is available for the transportation
of IDC employees from a predetermined location(s) to assigned work sites .
The vehicle will be stored, maintained and fueled at the expense of the City.
The vehicle will be insured by or on behalf of its owner. The vehicle will
be well marked to identify the contract services performed hereunder by the
Individual Development Center.
Vi .
IDC shall operate hereunder as an independent contractor as to all
rights and privileges herein contained, and nothing herein shall be construed
as creating a partnership or joint enterprise between IDC and the City. IDC
further convenants and agrees to indemnify, hold harmless and defend the
City and its respective agents , servants and employees from and against
any and all claims for damages or injuries to persons or property to what-
soever kind of character, whether real or asserted, arising out of or incident
to IDC's operations arising under or incident to the provisions of this contract;
and IDC hereby assumes as between the parties to this contract all liability
and responsibility for injuries, claims or suits for damages to persons or pro-
perty of whatsoever kind or character, whether real or asserted, occurring
during the term of this agreement arising out of or by reason of IDC's
operations arising under or otherwise incident to the provisions of this
contract. IDC further agrees to purchase and have in effect the following:
(1 ) Worker's compensation insurance for all employees; and
(2) Automobile liability for IDC-owned vehicles with limits of
$250,000/$500,000 bodily injury; $100,000 property damage;
$2,500 medical payments and $10,000/$20,000/$5,000 uninsured
motorist protection; and
(3) Comprehensive general liability insurance with bodily injury
Page 4 of 5 Pages
Agenda Item No. 1I.d.
-3-
limits of $100,000 per person or $300,000 per occurance and property
damage limits of $100,000 per occurance, or, comprehensive general
liability insurance limited to $300,000 single limit property
damage or bodily injury; and
(4) Excess umbrella liability insurance in the amount of $1 ,000,000.
The policies of insurance stated in Section VI (2) , (3) and (4) shall
state that the City is additionally insured and that no term of policy will
be altered, nor will the policy be cancelled without thirty (30) days written
notice to the City. A certificate of insurance shall be filed with the
City on each policy of insurance stated in Section VI (2) , (3) and (4) .
VII .
This agreement is effective from and on October 1 , 1982, and will
remain in effect until September 30, 1983. This agreement may be terminated
at any time with thirty (30) days written notice by one party to the other party.
VIII .
Not withstanding anything in this contract to the contrary, both
parties specifically agree that the total maximum liability of the City under
this contract for salaries, overhead, expenditures, materials, supplies, and
all other items shall not exceed the sum of Twenty-Four Thousand ($24,000.00)
Dollars .
Executed in duplicate originals the date first above mentioned.
CITY OF WICHITA FALLS, TEXAS
ATTEST: BY:
Stuart A. Bach, City Manager
Wilma Thomas, City Clerk
APPROVED:
H. P. Hodge, Jr. , City Attorned
ATTEST: INDIVIDUAL DEVELOPMENT CENTER, INC.
BY:
Richard F. Weber,
Executive Director
Page 5 of. 5 Pages
Agenda Item No.11.d.
MEALS-ON-WHEELS
PROPOSED CONTRACT ELEMENTS
A. CONTRACT PARTIES
This contract is entered into between the City of Wichita Falls .
Texas, a municipality, as contractor, hereinafter referred to as City,
and the Community Action Corporation of Wichita Falls and North Texas
Area, 602 Broad Street, Wichita Falls, Texas , a private, non-profit
corporation, as contractee hereinafter referred to as CAC.
B. CONTRACT PERIOD
This contract period commences the Ist day of October, 1982 and
expires the 30th day of September, 1983.
C. CONTRACT PURPOSE
The purpose of this contract is to set forth the terms and
conditions agreed to between the City and CAC for the purpose of carrying
out the Meals-On-Wheels Program, hereinafter referred to as the MOW Program,
within the city limits of the City of Wichita Falls, Texas .
D. CONTRACT SERVICE PERFORMANCE
1 . CAC agrees to prepare and to home deliver to eligible MOW clients
approximately ninety (90) to one hundred (100) hot, nutritiously-balanced
noon meals per day each Monday through Friday throughout the contract period.
2. CAC agrees to abide by the eligibility criteria established by the
Texas Department of Human Resources, hereinafter referred to as TDHR, in
selecting and certifying eligible program recipients .
3. CAC agrees to maintain client confidentiality as stipulated by TDHR.
4. CAC agrees to utilize a part-time nutrition consultant to prepare
and analyze menus, to make monthly reviews of the MOW kitchen, and to submit
to CAC the review findings.
5. CAC agrees to maintain operational and fiscal records as specified
by TDHR and CAC's parent organization, Community Services Administration,
hereinafter referred to as CSA.
E. CONTRACT REPORTS
1 . CAC agrees to maintain, prepare and disseminate records and reports
Page 3 of 7 Pages
Agenda Item No. ll .e.
-2-
as required by TDHR and CSA. ,
2. CAC agrees to furnish City a copy of the following reports or
their replacement or equivalent reports at the stated intervals :
a. TDHR Form 4116, State of Texas Purchase Voucher; monthly,
ten (10) working days following the last day of each month.
b. TDHR Form 2014, Purchased Services expenditure Report; monthly,
ten (10) working days following the last day of each month .
c. TDHR Form 290-C, Monthly Service Delivery Summary; monthly,
ten (10) working days following the last day of each month.
d. Report showing the number of meals served; monthly, ten (10)
working days following the last day of each month.
e. Financial statement showing MOW current financial status; monthly,
ten (10) working days following the last day of each month.
3. CAC agrees to provide City a current list of food and kitchen
suppliers used by CAC in administering the MOW Program and to submit to
City updated information each month within ten (10) working days following
the last day of each month.
4. CAC agrees to advise City monthly of the number of clients that
leave the MOW program. The privacy of the clients will be protected in
accordance with TDHR regulations . The reporting format is presented on
Attachment V and will include the number of clients who leave the program,
the reason(s) for terminating, and the age, ethnic identity, and sex of the
client. This report will be submitted to City by CAC within ten (10) working
days following the last day of the month.
5. CAC shall not be held responsible for the protection and/or dis-
semination of information which TDHR elects to release to City.
F. CONTRACT FISCAL CONTROLS AND AUDITS
1 . CAC shall be responsible for the fiscal management of the MOW
Program. Managerial and fiscal accounting records will be maintained by
CAC Comptroller or his/her designee.
2. TDHR and CAC shall be the authorized audit agencies of the MOW
program.
3. The program will be audited annually following the close of the
contract by TDHR and/or CAC and shall follow the audit procedure and schedule
of TDHR.
Page 4 of 7 Pages
Agenda Item No. ll .e.
-3-
4. The program will be subject to CSA audit requirements as set
forth in CSA regulations.
5. A copy of all audits, whether fiscal or performance, conducted
on the MOW Program will be submitted to City within ten (10) working days
following receipts by CAC.
6. All audits, reports , or data arising from the MOW Program
will be prepared, maintained, and disseminated for operational purposes of
the program. Use for any other menas will violate program intent.
G. ACCESSIBILITY OF RECORDS
CAC shall give the City, through its authorized representative,
access to and right to examine all records, books, papers , and documents
relating to this contract.
H. CONTRACT PAYMENTS
City agrees to reimburse CAC each month during the term of this
contract at the rate of thirty percent (30%) of the total monthly program
cost, but not to exceed $18,845.00 per year, as reflected on TDHR form
4116 (State of Texas Purchase Voucher) , executed by CAC and TDHR. Said
payments will be delivered to CAC within ten (10) working days from the
date of presentation to City by CAC of the executed TDHR Form 4116.
I . RECAPTURE OF FUNDS
CAC shall be liable to the City for all funds advanced or paid
by the City. CAC shall forthwith pay to the City any sum of money which
is either unspent or not spent strictly in accordance with the terms of
this contract.
J. FUTURE CITY FUNDING
Nothing herein shall be construed to guarantee future City funding of
the CAC MOW Program. With this understanding, CAC shall search for future
program funding from other sources .
K. CAC CONTACT
Matters relating to the fiscal and managerial elements of the MOW
contract will be referred directly to the Executive Director of CAC.
L. PROGRAM IMPROVEMENTS
CAC agrees, whenever feasible and practicable, to consider such
Page 5 of 7 Pages
Agenda Item No. ll .e.
-4-
measures as may improve the economy and efficiency of the services provided
I
hereunder. CAC agrees to cooperate with the City or its designated agent
in such analyses, plans and studies as may be undertaken in pursuit of
improved economy and efficiency of operation.
M. CONTRACT DISCLAIMER
This contract supersedes all previous contracts , No changes thereto
to the MOW Program shall be made and/or demanded without the joint written
consent of CAC and City.
N. TERMINATION OF CONTRACT
It is mutually agreed between the parties that this contract may be
terminated by either party upon thirty (30) days written notice to the
other party.
Executed this day of 1982, by and
between CAC and City, at Wichita Falls, Texas .
ATTEST:
ity Manager
City of Wichita Falls , Texas
ATTEST: Executive Director
Community Action Corporation, Inc.
Page 6 of 7 Pages
Agenda Item No. ll .e.
7-4,
X_
/0") W
Project Title: Wichita Falls
Community Mental
Health Mental
Retardation Center
Effective Date: October 1, 1982
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
PART I
AGREEMENT
This AGREEMENT entered into be effective the ist day of October, 1982
by and between the City of Wichita Falls, Texas (hereinafter called the "CITY")
and Wichita Falls Community Mental Health Mental Retardation Center (hereinafter
called the "CONTRACTOR").
W I T N E S S E T H
WHEREAS , the CITY desires to engage the CONTRACTOR to render
certain services in connection therewith.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Scope of Services. The CONTRACTOR shall perform services in a
satisfactory and proper manner as determined by the CITY and as outlined per
Exhibit A.
2. Time of Performance. The services of the CONTRACTOR are to
commence as soon as practicable after the execution of this contract and shall be
undertaken in the light of the purpose of this contract; but, in any event, this
contract shall terminate on September 30, 1983.
3. Data to be Furnished to CONTRACTOR. All information, data, records ,
and reports, as are existing, or that may exist in the future, that are available
And necessary for the carrying out of the works as outlined above shall be fur-
nished, whenever practical, to the CONTRACTOR without charge by the CITY ,
and the latter shall cooperate with the CONTRACTOR in every way possible in
carrying out of the work without undue delay.
4. Compensation. The CITY agrees to pay to the CONTRACTOR a maximum
amount of EIGHTY-FIVE THOUSAND DOLLARS ($85,000) which shall constitute
full and complete compensation for CONTRACTOR'S services and expenses
incurred under this Contract. Such sum shall be paid to CONTRACTOR as set
out below.
5. Method of Payment. Payments shall be made in four equal payments
of $7,083. 33 per quarter from October, 1982 through September, 1983. Payments
shall be processed quarterly upon receipt of a request for payment. In requests
Page 3 of 17 Pages
Agenda Item No. ll.f.
2
involving personnel costs, payment for those costs will be made upon receipt
of certified statements showing salaries and fringe benefits paid.
6. Budget. In performing the services called for under the provisions
of the Contract, CONTRACTOR shall conform his expenditures to the budget
attached hereto and incorporated herein by this reference and marked as
"Exhibit B." Said budget and any account, set out herein can be altered,
amended or modified as mutually agreeable between the two parties hereto so
that the full intent and purpose of this Contract can be carried out; upon
request of the CONTRACTOR, line item changes may be made in the budget
referred to herein without further City Council action if approved by the
City Manager; provided, however, no such change may alter the intent or
purpose of this Contract without further approval by the City Council of
the CITY . In no event shall the CITY be required to pay more than EIGHTY-
FIVE THOUSAND DOLLARS ($85,000) to CONTRACTOR under the terms of
this contractor.
7. 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 CONTRACTOR to continue performance of his obligations
hereunder until termination date hereof, CONTRACTOR shall contribute suffi-
cient funds for continued performance to fulfill terms of the Contract.
8. Refund. At the termination date hereof, CONTRACTOR shall pay to
the CITY any sums paid to the CONTRACTOR by the CITY which have not been
expended or committed as budgeted.
9. Terms and Conditions and Labor Standard Provisions. This Contract
or agreement is subject to and incorporates the provisions attached hereto as
"Part II - Terms and Conditions."
10. Fidelity Bonding. All persons employed by CONTRACTOR who will
handle funds received or disbursed under this Contract shall as a minimum be
covered by a fidelity bond in the amount of ten percent (10%) of funds or EIGHT
THOUSAND FIVE HUNDRED DOLLARS ($8,500) , whichever is more. A statement
assuring all persons handling funds received or disbursed under this Contract
shall be forwarded to the CITY prior to the initial disbursement of funds to
CONTRACT. If the bond or bonds provided herein are cancelled or reduced,
Page 4 of 17 Pages
Agenda Item No. Il.f.
-3-
the CONTRACTOR shall immediately notify the CITY . In the event, the CITY
shall not make any further disbursement to CONTRACTOR until adequate
bonding has been obtained.
11. Financial Reports. A budget report, to contain such reasonable
financial information and data as City deems necessary, shall be submitted to
the CITY by the CONTRACTOR monthly.
12. Program Improvements. The CONTRACTOR agrees, whenever
feasible and practicable, to consider such measures as may improve the economy
and efficiency of the services, programs and activities provided hereunder.
The CONTRACTOR agrees to cooperate with the CITY or its designated agent
in such analyses, plans and studies as may be undertaken in pursuit of im-
proved economy and efficiency of operation.
13. Future Funding. The funding of this project in no way commits
the CITY to future funding of this program beyond the current contract period.
Any future funding is solely the responsibility of the CONTRACTOR.
IN WITNESS WHEREOF, the CITY and the WICHITA FALLS COMMUNITY
MENTAL HEALTH MENTAL RETARDATION CENTER have hereunto set our
hands on the day of 1982.
CITY OF WICHITA FALLS, TEXAS
BY:
Stuart A. Bach, City Manager
ATTEST:
Wilma J. Thomas, City Clerk
APPROVED AS TO FORM:
H. P. Hodge, City Attorney WICHITA FALLS COMMUNITY MENTAL
HEALTH MENTAL RETARDATION CENTER
BY:
Page 5 of 17 Pages
Agenda Item No. Ii.f.
EXHIBIT A
CONTRACTOR agrees :
1 . To establish and operate , on a contingency basis ,
an Outpatient Treatment Program to enhance the physical and
emotional well-being of mentally impaired residents of
Wichita County .
2 . To provide outpatient rehabilitation services for
moderately and severely handicapped residents of Wichita County .
3 . To provide counselors to screen mentally impaired or
deficient outpatient persons to assure continuance of the most
appropriate type of therapy .
4 . To assist the City in the development and implementa-
tion of an Employees ' Assistance Program to include, but not
be limited to , the areas of mental illness , family relations ,
employer-employee relations , alcoholism, drug abuse , and
human relations .
5 . To provide City employees with educational programs
to include but not be limited to, the areas of handling troubled
employees , employer-employee relations , human relations , and
stress management .
6 . To maintain the numerical counts and other data so
as to provide an accurate record of the services rendered and
programs provided under this Contract .
7 . Upon request by the City, to provide psychological
assessments or examinations to prospective City employees ,
both at the entry and promotional levels .
Page 6 of 17 Pages
Agenda Item No. 11-f-
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—'Replacement Page 9/23/82
PART 11
TERMS AND CONDITIONS
1. Restriction on Disbursement. No money under this Contract shall be
disbursed by the CONTRACTOR to any party except pursuant to a written
contract which incorporates the applicable Supplemental General Conditions and
unless the party receiving the disbursement is in compliance with requirements
with regard to accounting and fiscal matters to the extent that are applicable.
2. Termination of Contract for Cause. If, through any cause, the
CONTRACTOR shall fail to fulfill in timely and proper manner his obligations
under this Contract, or if the CONTRACTOR shall violate any of the covenants,
agreements or stipulations of this Contract, the CITY shall thereupon have the
right to terminate this Contract by giving written notice to the CONTRACTOR of
such termination and specifying theeffective date thereof, at least thirty (30)
days before the effective date of termination. In such event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photo-
graphs, and reports prepared by the CONTRACTOR under this Contract shall,
at the option of the CITY, become its property and the CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
completed hereunder.
Notwithstanding the above, the CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any breach
of the Contract by the CONTRACTOR, and the CITY may withhold any payments
to the CONTRACTOR as determined.
3. Termination for Convenience of CITY. The CITY may terminate the
Contract at any time by giving at least thirty (30) days notice in writing to the
CONTRACTOR. If the Contract is terminated by the CITY as provided herein
the CONTRACTOR will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bears to the total services of the
CONTRACTOR covered by this Contract, less payments of compensation previously
made.
4. Changes. The CITY may, from time to time, request changes in the
Scope of Services of the CONTRACTOR as may be mutually agreed to be per-
formed hereunder. Such changes, including any increase or decrease in the
amount of the CONTRACTOR'S compensation, which are mutually agreed upon by
and between the CITY and the CONTRACTOR, shall be incorporated in written
amendments to the Contract.
Page 8 of 17 Pages
Agenda Item No. ll.f.
2
5. Personnel.
a. The CONTRACTOR represents that he has , or will secure, all
personnel required in performing the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with
the CITY.
b. The CONTRACTOR shall submit to the CITY a written list of all
employees employed under this Contract (including name, address and position).
Any changes in this list shall be forwarded to the City every three months.
c. All of the services required hereunder will be performed by the
CONTRACTOR or under his supervision and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under the State and
local laws to perform such services.
d. No person who is serving in a penal or correctional institution
shall be employed or work under this Contract.
e. No person or firm who has litigation pending against the City of
Wichita Falls, Texas, shall be employed to work under this Contract unless
specifically authorized by the City Manager.
6. Assignability. The CONTRACTOR shall not assign any interest in this
Contract, and shall not transfer any interest in the same (whether by assignment
or novation) without the prior written consent of the CITY thereto: PROVIDED,
HOWEVER, that claims for money due or to become due to the CONTRACTOR from
the CITY under this Contract may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the CITY.
7. Records.
a. Establishment and Maintenance of Records. The CONTRACTOR shall
establish and maintain records in accordance with requirements prescribed by the
CITY , with respect to all matters covered by this Contract. Except as otherwise
authorized by the CITY , the CONTRACTOR shall retain.such records for a period
of three years after receipt of the final payment under this Contract or termination
of this Contract.
b. Documentation of Costs. All costs shall be supported by properly
executed payrolls, time records, invoices, contracts, vouchers, orders, and/or
any other accounting documents pertaining in whole or in part to this Contract
shall be clearly identified and readily accessible.
c. Reports and Information . The CONTRACTOR at such time and in
such forms as the CITY may require, shall furnish to the CITY such statements,
records, reports , data, and information as the CITY may request pertaining to
Page 9 of 17 Pages
Agenda Item No. 11.f.
3
matters covered by this Contract. All of the reports, information, data and
other related materials, prepared or assembled by the CONTRACTOR under this
Contract are confidential and shall not be made available to anyone without the
prior written approval of the CITY. Information restricted by law or
CONTRACTOR policy and relating to personal, medical and financial data
will be treated as confidential and will not be released to the CITY.
d. Audits and Inspections. The CONTRACTOR shall at any time
during normal business hours and as often as the CITY may deem necessary,
make available to the CITY for examination all of its records and data with
respect to all matters covered by this Contract and shall permit the CITY or its
designated authorized representative to audit and inspect all invoices, materials,
payrolls , records of personnel conditions of employment and other data relating
to all matters covered by this Contract.
e. Additional Requirements. Unearned payments under this Contract
may be suspended or terminated upon refusal to accept any additional condition
that may be imposed by the CITY at any time.
f. Accounting. The CONTRACTOR shall establish and maintain on a
current basis an adequate accounting system on an accrual or other accounting
basis in accordance with generally accepted accounting principles and standards.
g. Property Records. A record shall be maintained for each item of
nonexpendable property acquired for the program. Nonexpendable property is
property which will not be consumed or lose its identity by being incorporated
into another item of property, which costs One Hundred Dollars ($100.00) or
more per unit and is expected to have a useful life of one (1) year or more.
Grouping of like items such as chairs, with an aggregate cost in excess of
One Hundred Dollars ($100. 00) shall also be controlled and accounted for as
nonexpendable property even though the cost of a single item is less than
One Hundred Dollars ($100.00). The record shall include:
1. Description of the item of property, including model and serial
number, if applicable.
2. Date of acquisition.
3. The acquisition cost or assigned value to the program.
It shall also include information as to whether the item or property was new
or used at time of acquisition. The aggregate of the individual cost shown on the
record cards shall equal the balance in the subsidiary cost account for nonexpendable
property.
A physical inventory shall be taken and reconciled with the record card
annually. Page 10 of 17 Pages
4
8. Eligible and Ineligible Costs.
a. Standards. All costs incurred must be reasonable and of a nature
which clearly related to the specific purposes and end product of the Contract
under which the services are being performed. Care must be exercised by all
concerned in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs.
b. Eligible Costs. To be eligible for inclusion of the program, costs
must:
1. Be necessary and reasonable for proper and efficient execution of
the contractual requirements and in accordance with an approved budget.
2. Be in conformance with any limitations or exclusions in these instruc-
tions, federal laws, or other governing limitations.
3. Be accorded consistent treatment through application of accounting
policy and procedures approved and/or prescribed herein.
4. Be net of all applicable credits such as purchase discounts, rebates
or allowances, sales of publications or materials, or other income of refunds.
5. Be in accordance with budgetary or other restriction of expense
established by CONTRACTOR.
6. Be fully documented.
7. Comply with policies governing administrative practices, including
policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits (health and hospitalization, retirement, etc. ) , vacation
and sick leave privileges, and travel. The policies shall be in writing and shall
be approved by the governing body of the CONTRACTOR.
c. Ineligible Costs. In addition to costs ineligible under the above
criteria, the following costs are specifically ineligible:
1. Bad Debt. Any losses arising from uncollectable accounts and other
claims and related costs.
2. Contingencies. Contributions to a contingency reserve or any
similar provision for unforeseen event.
3. Fines and Penalties. Costs resulting from violations of or failure
to comply with federal, state and local laws and regulations.
4. Contributions and Donations.
Page 11 of 17 Pages
Agenda Item No. ii.f.
5. Entertainment. Costs of amusements , social activities, and
incidental costs, such as meals , beverages, lodgings , and gratuities, relating to
entertainment.
6. Interest and Other Financial Costs. Interest on borrowing
(however represented) , bond discounts, cost of financing and refinancing opera-
tions and legal and professional fees paid in connection therewith.
7. Membership Expenses. Cost of membership in an organization
which devotes a substantial part of its activities to influencing legislation.
8. Travel. Costs in excess of those normally allowed by the CONTRACTOR.
in any case, the difference in cost between first-class air accommodation and
less-than-first class air accommodations is not allowed except when less-than-
first class air accommodations are not available and is so documented.
9. Meeting Attendance. Costs of attending meetings which are not
open for attendance on a non-segregated basis.
9. Limitation on Compensation for Personal Services. Compensation for
personal services includes, but is not limited to, wages, salaries, and supple-
mentary compensation and benefits. Compensation for employees of the CONTRACTOR
shall not exceed that paid for similar work paid by the CITY. In cases where the
kinds of personal services provided have no counterpart in local governmental
agencies, compensation shall not exceed that paid for similar work in the labor
market in which the CONTRACTOR competes for the kinds of personal services
involved or the compensation level established by the CONTRACTOR'S primary
funding source.
10. Interest of Members of CITY. No member of the governing body of the
CITY, and no other office, employee, or agent of the CITY shall have any personal
financial intereet, direct or indirect, in this Contract; and the CONTRACTOR
shall take appropriate steps to assure compliance.
11. Interest of Other Local Public Officials. No member of the governing
body of the locality and no other public official of such locality shall have any
personal financial interest, direct or indirect, in this Contract; and the
CONTRACTOR shall take appropriate steps to assure compliance.
12. Identification of Documents. All reports, maps, signs and other docu-
ments completed as a part of this Contract, other than documents exclusively
for internal use within the CITY , shall contain the following information on the
front cover of title page (or in the case of maps or signs in an appropriate
block): This material prepared in cooperation with the City of Wichita Falls,
Texas, month and year of preparation.
13. Compliance with Local Laws. The CONTRACTOR shall comply with
applicable laws, ordinances, and codes of the State and local governments, and
Page 12 of 17 Pages
Anpnrh T fpm Nn . 11-f-
6
the CONTRACTOR shall save and hold harmless the CITY with respect to
damages arising from any tort committed in performing any of the work embraced
by this Contract.
14. Civil Rights Act of 1964. The CONTRACTOR will carry out its work
under this Contract in a manner which will permit full compliance by the Program
with Title VI of the Civil Rights Act of 1964, and the regulations adopted by the
Department thereunder so that no person shall, on the ground of race, color or
national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving federal
financial assistance.
15. Political Activity Prohibited. None of the funds, materials , property
or services provided directly or indirectly under this Contract shall be used in
the performance of this Contract for any partisan political activity.
16. Lobbying Prohibited. None of the funds provided under this Contract
shall be used for publicity or propaganda purposes designed to support or defeat
legislation pending before the Congress.
17. Equal Employment Opportunity. During the performance of this Contract ,
the CONTRACTOR agrees as follows:
(a) the CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
The CONTRACTOR will take affirmative action to insure that applicants are
employed, and that employees are treated during employment without regard to
their race, color, religion, sec, or national origin. Such action shall include,
but not be limited to, the following: Employment, upgrading, demotion or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or
other terms of compensation; and selection for training, including apprenticeship.
The CONTRACTOR agrees to post in conspicuous places available to all employees
and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
(b) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all qualified
applications will receive consideration for employment without regard to race,
color, religion, sex, or national origina.
18. Renegotiation. This Contract may be renegotiated at the request of
either party in the event alternate sources of funding become available during
the term of the contractual agreement. CONTRACTOR must notify CITY of all
occurrences where alternate funding becomes available.
Page 13 of 17 Pages
Agenda Item No. ll.f.
-7-
19. Appendices. All attachments given reference to in this Contract and
all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
Page 14 of 17 Pages
Agenda Item No. -11.f.
Project Title: Community Council
Effective Date: October 1 , 1982
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
PART I
AGREEMENT
This AGREEMENT entered into as of the Ist day of October, 1982, by
and between the City of Wichita Falls, Texas (hereinafter called the "CITY)
and the Community Council of Greater Wichita Falls , Inc. (hereinafter called
the "CONTRACTOR") .
WITNESSETH:
WHEREAS, the CITY desires to engage the CONTRACTOR to render certain
services in connection therewith.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1 . Scope of Services . The CONTRACTOR shall perform services in a
satisfactory and proper manner as determined by the CITY and as outlined
per Exhibit A.
2. Time of Performance. The services of the CONTRACTOR are to
commence as soon as practicable after the execution of this contract and
shall be undertaken in the light of the purposes of this contract; but, in
any event, this contract shall terminate on September 30, 1983.
3. Compensation. The CITY agrees to pay to the CONTRACTOR a
maximum amount of Thirty-Five Thousand Dollars ($35,000) which shall
constitute full and complete compensation for CONTRACTOR'S services and
expenses incurred under this Contract. Such sum shall be paid to CONTRACTOR
as set out below.
4. Method of Payment. Payments shall be made in four equal payments
of up to $8,750 per quarter from October, 1982 through September, 1983.
Payments shall be processed quarterly upon receipt of a request for payment.
5. Budget. In performing the services called for under the provisions
of the Contract, CONTRACTOR shall conform his expenditures to the budget
attached hereto and incorporated herein by this reference and marked as
"Exhibit B." Said budget, and any account set out therein, can be altered,
amended or modified as mutually agreeable between the two parties hereto so
that the full intent and purposes of this Contract can be carried out; upon
Page 3 of 23 Pages
Agenda Item No. ll .g.
-2-
request by the CONTRACTOR, line item changes may be made in the budget
referred to herein without further City Council action if approved by the
City Manager; provided, however, no such change may alter the intent or
purposes of this Contract without further approval by the City Council of the
CITY. In no event shall the CITY be required to pay more than THIRTY-FIVE
THOUSAND DOLLARS ($35,000) to CONTRACTOR under the terms of this Contract.
6. 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 CONTRACTOR to continue performance of his obligations
hereunder until termination date hereof, CONTRACTOR shall provide sufficient
funds , whether from its own or other non-City sources , for continued per-
formance to fulfill the terms of this Contract.
7. Refund. At the termination date hereof, CONTRACTOR shall pay to
the CITY any sums paid to the CONTRACTOR by the CITY which have not been
expended or committed as budgeted, or, upon approval of the CITY and as
provided for under subsequent contracts or arrangements , may apply such
budget balances to such future fundings as may be provided by the CITY.
8. Property. Upon termination of the programs provided by CONTRACTOR,
however brought about, any and all non-expendable equipment, supplies or
other items purchased by CONTRACTOR with funds paid by or to CONTRACTOR under
the terms hereof shall become the property of the CITY.
9. Terms and Conditions and Labor Standard Provisions . This
Contract or agreement is subject to and incorporates the provisions attached
hereto as "Part II - Terms and Conditions. "
10. Fidelity Bonding. All persons employed by CONTRACTOR who will
handle funds received or disbursed under this Contract shall as a minimum
be covered by fidelity bond in the amount of ten percent (10%) of the
funds provided or FIFTY THOUSAND DOLLARS ($50,000) , whichever is more. A
certificate, assuring all persons handling funds received or disbursed under
this Contract are properly bonded, shall be forwarded to the CITY prior to
the initial disbursement of funds to CONTRACTOR. If the bond or bonds pro-
vided herein are cancelled or reduced, the CONTRACTOR shall immediately
notify the CITY. In that event, the CITY shall not make any further dis-
bursements to CONTRACTOR until adequate bonding has been obtained.
11 . Financial Reports. A budget report, to contain such reasonable
financial information and data as CITY deems necessary, shall be submitted
Page 4 of 23 Pages
Agenda Item No. ll .g.
-3-
to the CITY by the CONTRACTOR monthly.
12. Program Improvements . The CONTRACTOR agrees , whenever feasible and
practicable, to consider such measures as may improve the economy and
efficiency of the services, programs and activities provided hereunder. The
CONTRACTOR agrees to cooperate with the CITY or its designated agent in such
analyses, plans and studies as may be undertaken in pursuit of improved
economy and efficiency of operation.
13. Future Funding. The funding of this Contract in no way commits the
CITY to future funding beyond the current Contract period. Any future
funding is solely the responsibility of the CONTRACTOR.
IN WITNESS WHEREOF, the CITY and COMMUNITY COUNCIL OF GREATER WICHITA
FALLS have hereunto set our hands on the day of
1982.
CITY OF WICHITA FALLS, TEXAS
BY:
Stuart A. Bach, City Manager
ATTEST:
Wilma J . Thomas , City Clerk
COMMUNITY COUNCIL OF GREATER
WICHITA FALLS, INC.
BY:
APPROVED AS TO LEGALITY AND
FORM:
H. P. Hodge, Jr. , City Attorney
Page 5 of 23 Pages
Agenda Item No. Il .g.
EXHIBIT A
The Contractor agrees, at a minimum, to provide the following services:
1. To continue to maintain and update an inventory or data bank of social
services provided and social service agencies operating in Wichita Falls.
2. To continue to provide, as funds and circumstances permit, intake
and referral services for social service users and providers.
3. To continue to provide, as funds and circumstances permit, a service
for the recruitment and utilization of volunteers.
4. To evaluate and monitor such social service programs and contracts
as may be designated by the City.
5. To prepare or assist in the preparation of such plans , reports, studies,
surveys and similar tasks as may reasonably be requested by the City.
6. To continue to coordinate the Leadership Wichita Falls Program.
Page 6 of 23 Pages
Agenda Item No. 11 .g.
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PART 11
TERMS AND CONDITIONS
1. Restriction on Disbursement. No money under this Contract shall be dis-
bursed by the CONTRACTOR to any other contractor except pursuant to a written
agreement which incorporates the applicable Supplemental General Conditions and
unless the contractor is in compliance with requirements with regard to accounting
and fiscal matters to the extent that are applicable.
2. Termination of Contract for Cause. If, through any cause, the CONTRACTOR
shall fail to fulfill in timely and proper manner his obligations under this Cotitract,
or if the CONTRACTOR shall violate any of the covenants, agreements or stipula-
tions of this Contract, the CITY shall thereupon have the right to terminate this
Contract by giving written notice to the CONTRACTOR of such termination and
specifying the effective date thereof, at least thirty (30) days before the effective
date of termination. In such event, all finished or unfinished documents, data,
surveys, drawings, maps, models, photographs, and reports prepared by the
CONTRACTOR under this Contract shall, at the option of the CITY , become its
property and the CONTRACTOR shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any breach
of the contract by the CONTRACTOR, and the CITY may withhold any payments
to the CONTRACTOR as determined.
3. Termination for Convenience of CITY. The CITY may terminate the
Contract at any time by giving at least thirty (30) days notice in writing to the
CONTRACTOR. If the Contract is terminated by the CITY as provided herein,
the CONTRACTOR will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bears to the total services of the
CONTRACTOR covered by this Contract, less payments of compensation previously
made.
4. Changes. The CITY may, from time to time, request changes in the
Scope of Services of the CONTRACTOR as may be mutually agreed to be performed
hereunder. Such changes, including any increase or decrease in the amount of
the CONTRACTOR'S compensation, which are mutually agreed upon by and between
the CITY and the CONTRACTOR shall be incorporated in written amendments to
the Contract.
Page 9 of 23 Pages
Agenda Item No. 11 .g.
2
6. Assic-rnability. The CONTRACTOR shall not assip
gn any interest in this
Contract, and shall not transfer any interest in the same (whether by assignment
or novation) without the prior written consent of the CITY thereto: PROVIDED,
HOWEVER, that claims for money due or to become due to the CONTRACTOR
from the CITY under this Contract may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any such assignment
or transfer shall be furnished promptly to the CITY.
7 Records.
a. Establishment and Maintenance of Records. The CONTRACTOR shall
establish and maintain records in accordance with requirements prescribed by the
CITY, with respect to all matters covered by this Contract. Except as other-
wise authorized by the CITY , the CONTRACTOR shall retain such records for
a period of three years after receipt of the final payment under this Contract
or termination of this Contract.
b. Documentation of Costs. All costs shall be supported by properly
executed payrolls, time records, invoices, contracts, vouchers, orders and/or any
other accounting documents pertaining in whole or in part to this Contract shall
be clearly identified and readily accessible.
c. Reports and Information. The CONTRACTOR at such time and in
such forms as the CITY may require, shall furnish to the CITY such statements,
records, reports, data and information as the CITY may request pertaining to
matters covered by this Contract. Information relating to personal and medical
data will be treated as confidential.
d. Audits and Inspections. The CONTRACTOR shall at any time during
normal business hours and as often as the CITY may deem necessary, make
available to the CITY for examination all of its records and data with respect to
all matters covered by this Contract and shall permit the CITY or its designated
authorized representative to audit and inspect all invoices, materials, payrolls,
records of personnel conditions of employment and other data relating to all matters
covered by this Contract.
e. Additional Requirements. Unearned payments under this Contract
may be suspended or terminated upon refusal to accept any reasonable additional
condition that may be imposed by the CITY at any time.
Pagel 0 of 23 Pages
Agenda Item No. ll .g.
-3-
f. Accounting. The CONTRACTOR shall establish and maintain on a
current basis an adequate accounting system on an accrual basis in accordance
with generally accepted accounting principles and standards.
g. Property Records. A record shall be maintained for each item of
nonexpendable property acquired under this Contract. Nonexpendable property
is property which will not be consumed or lose its identity by being incorporated
into another item of property, which costs One Hundred Dollars ($100. 00) or more
per unit and is expected to have a useful life of one (1) year or more. Group-
ing of like items such as chairs, with an aggregate cost in excess of One
Hundred Dollars ($100. 00) , shall also be controlled and accounted for as nonexpend-
able property even though the cost of a single item is less than One Hundred Dollars
($100.00) . The record shall include:
1. Description of the item of property, including model and serial
number, if applicable.
2. Date of acquisition.
3. The acquisition cost or assigned value to the program.
It shall also include information as to whether the item or property was
new or used at time of acquisition. The aggregate of the individual cost
shown on the record cards shall equal the balance in the subsidiary cost account
for nonexpendable property.
A physical inventory shall be taken and reconciled with the record card
at least annually.
At the conclusion of a project or activity provided hereunder, all
nonexpendable property acquired for the program shall revert to the CITY , unless
otherwise provided in the Contract.
8. Eligible and Ineligible Costs
a. Standards. All costs incurred must be reasonable and of a nature
which clearly relates to the specific purposes and end product of the Contract
under which the services are being performed. Care must be exercised by all
concerned in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs.
b. Eligible Costs. To be eligible for inclusion under this Contract,
costs must:
1. Be necessary and reasonable for proper and efficient execution
of the contractual requirements and in accordance with the approved budget.
Page 11 of 23 Pages
Agenda Item No. 11 .g.
4
2. Be in conformance with any limitations or exclusions in these
instructions, or other governing limitations.
3. Be no more liberal than policies, procedures and practices applied
uniformly to both federally assisted and other activitie s of the CONTRACTOR.
4. Be accorded consistent treatment through application of account-
ing policy and procedures approved and/or prescribed herein.
5. Be net of all applicable credits such as purchase discounts ,
rebates or allowances, sales of publications or materials, or other income of
refunds.
6. Be in accordance with budgetary or other restriction of expense
established by CONTRACTOR.
7. Be fully documented.
8. Comply with policies governing administrative practices, includ-
ing policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits (health and hospitalization, retirement, etc. ) , vacation
and sick leave privileges, and travel. The policies shall be in writing and shall
be approved by the governing body of the CONTRACTOR.
c. Ineligible Costs. In addition to costs ineligible under the above
criteria, the following costs are specifically ineligible:
1. Bad Debt. Any losses arising from uncollectable accounts and
other claims and related costs.
2. Contingencies. Contributions to a contingency reserve or any
similar provision for unforeseen events.
3. Fines and Penalties. Costs resulting from violations of or failure
to comply with federal, state, and local laws and regulations.
4. Contributions and Donations.
5. Entert.ainment. Costs of amusements, social activities and inci-
dental costs, such as meals, beverages, lodgings, and gratuities, relating to
entertainment except for those reasonable expenses necessary to recruit employees
and conduct official business.
6. Interest and Other Financial Costs. Interest on borrowing
(however represented) , bond discounts, cost of financing and refinancing opera-
tions and legal and professional fees paid in connection therewith.
7. Membership Expenses. Cost of membership in an organization
which devotes a substantial part of its activities to influencing legislation.
Page 12 of 23 Pages
Agenda Item No. 11 .g.
5
8. Travel. Costs in excess of those normally allowed by the
CONTRACTOR. In any case, the difference in cost between first-class air accom-
modations and less-t han-first-class air accommodations is not allowed except when
less-than-first-class air accommodations are not available and is so documented.
9. Meeting Attendance. Costs of attending meetings which are not
open for attendance on a non-segregated basis.
9. Limitation on Compensation for Personal Services. Compensation for
personal services includes, but is not limited to, wages , salaries, and supple-
mentary compensation and benefits. Compensation for employees of the CONTRACTOR
shall be limited to that paid for similar work paid by the CITY. In cases where
the kinds of personal services provided have no counterpart in local governmental
agencies, compensation shall be limited to that paid for similar work in the labor
market in which the CONTRACTOR competes for the kinds of personal services
involved.
10. Interest of Members of CITY. No member of the governing body of the
CITY, and no other office, employee, or agent of the CITY shall have any personal
financial interest, direct or indirect, in this Contract; and the CONTRACTOR shall
take appropriate steps to assure compliance.
11. Identification of Documents. All reports, maps, signs, and other documents
completed as a part of this Contract, other than documents exclusively for internal
use within the CITY, shall contain the following information on the front cover of
title page (or in the case of maps or signs in an appropriate block) : This material
prepared in cooperation with the City of Wichita Falls, Texas, month and year of
preparation.
12 . Copyright. No report, maps, or other documents produced in whole or
in part under this Contract shall be subject to an application for copyright by or
on behalf of the CONTRACTOR.
13 . Patent Rights. In the event that any invention, improvement or discovery
may be conceived or first actually reduced to practice or any such contract, the
CONTRACTOR shall give prompt notice thereof to the CITY. Any such invention,
improvement, or discovery, together with all information, designs, specifications,
know-how, data patent rights, and findings in connections therewith which arose
or were developed in the course of the performance of this Contract or any sub-
contract hereunder, shall be made available to the public through the dedication,
assignment to the CITY , or other such means as the CITY shall determine.
Page 13 of 23 Pages
Agenda Item No. 11 .g.
6
14. Compliance with Local Laws. The CONTRACTOR shall comply with
applicable laws , ordinances, and codes of the State and local governments, and
the CONTRACTOR shall save the CITY harmless with respect to damages arising
from any tort done in performing any of the work embraced by this Contract.
15. Civil Rights Act of 1964. The CONTRACTOR will carry out its work
under this Contract in a manner which will permit full compliance by the Program
with Title VI of the Civil Rights Act of 1964, as amended, so that no person shall,
on the ground of age, race, color, or national origin, be excluded from participa-
tion in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving financial assistance.
16. Political Activity Prohibited. None of the funds, materials, property,
or services provided directly or indirectly under this Contract shall be used in
the performance of this Contract for any partisan political activity.
17. Lobbying Prohibited. None of the funds provided under this Contract
shall be used for publicity or propaganda purposes designed to support or
defeat legislation pending before the United States Congress, the Texas State
Legislature or the Board of Aldermen of the City of Wichita Falls, Texas.
18. Equal Employment Opportunity.. During the performance of this Contract,
the CONTRACTOR agrees as follows:
(a) The CONTRACTOR will not discriminate against any employee or
applicant for employment because of age, race, color, religion, sex, or national
origin. The CONTRACTOR will take affirmative action to insure that applicants
are employed, and that employees are treated during employment without regard
to their age, race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: Employment, upgrading, demotion
or transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other terms of compensation; and selection for training, including
apprenticeship. The CONTRACTOR agrees to post in conspicuous places available
to all employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
(b) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all qualified
applications will receive consideration for employment without regard to age, race,
color, religion, sex, or national origin.
(c) The CONTRACTOR will send to each Labor Union or representative
of workers with which he has a collective bargaining agreement or other contract
Page 14 of 23 Pages
Agenda Item No. 11 .g.
7
Or understandin-, a notice to be provided advising the commitments under this
section, and shall post copies of the notice in conspicuous places available to
the employees and applicants for employment.
(d) In the event of the CONTRACTOR'S noncompliance with the nondis-
crimination clauses of this Contract or with any of the said rules, regulations or
orders, this Contract may be cancelled, terminated , or suspended in whole or
in part , and the CONTRACTOR may be declared ineligible for further contracts.
(e ) The CONTRACTOR will cause the foregoing provisions to be inserted
in all subcontracts for any work covered by this Contract so that such provisions
will be binding upon each subcontractor, provided that the foregoing provisions
shall not apply to contracts or subcontracts for standard commercial supplies or
raw materials.!
19. Non-Segregated Facilities. The CONTRACTOR certifies that he does not
maintain or provide for his employees any segregated facilities at any of his
establishments, and that he does not permit his employees to perform their
services at any location, under his control, where segregated facilities are
maintained. The CONTRACTOR covenants that he will not maintain or provide for
his employees any segregated facilities at any of his establishments, and that he
will not permit his employees to perform their services at any location, under his
control, where segregated facilities are maintained. As used in this paragraph,
the term "segregated facilities" means any waiting rooms, work areas, r6strooms
and washrooms, restaurants and other eating areas, time clock, locker room
and other storage or dressing areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or ar.e in
effect segregated on the basis of age, race, color, creed, or national origin,
because of habit, local custom, or otherwise.
20. Renegotiation. This Contract shall be renegotiated in the event
alternate sources of funding become available during the term of the contractual
agreement.
21. Appendices. All attachments given reference to in this Contract and
all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
Page 15 of 23 Pages
Agenda Item No. 11 .g.
_J-
Project Title: North Central Texas
Medical Foundation
(Family Practice
Residency Program)
Effective Date: October 1, 1982
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
PART I
AGREEMENT
This AGREEMENT entered into as of the Ist day of October, 1982, by and
between the City of Wichita Falls, Texas (hereinafter called the "CITY") and the
North Central Texas Medical Foundation (hereinafter called the "CONTRACTOR").
WITNESSETH
WHEREAS , the CITY desires to engage the CONTRACTOR to render certain
services in connection therewith.
NOW, THEREFORE , the parties hereto mutually agree as follows:
1. Scope of Services. The CONTRACTOR shall perform services in a sat-
isfactory and proper manner as determined by the CITY and as outlined per
Exhibit A.
2. Time of Performance. The services of the CONTRACTOR are to
commence as soon as practicable after the execution of this contract and shall be
undertaken in the light of the purposes of this contract; but, in any event, this
contract shall terminate on September 30, 1983.
3. Compensation. The CITY agrees to pay to the CONTRACTOR a maximum
amount of ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000) which shall
constitute full and complete compensation for CONTRACTOR'S services and ex-
penses incurred under this Contract. Such sum shall be paid to CONTRACTOR
as set out below.
4. Method of Payment. Payments shall be made in four equal payments of
up to $35,000.00 per quarter from October, 1982 through September, 1983. Pay-
ments shall be processed quarterly upon receipt of a request for payment.
P A G E _�2_ 0 F PAGE5
ITEM NU. Al
2
5. Budget. In performing the services called for under the provisions
of the Contract, CONTRACTOR shall conform his expenditures to the budget
attached hereto and incorporated herein by this reference and marked as
"Exhibit B." Said budget, and any account set out therein, can be altered,
amended or modified as mutually agreeable between the two parties hereto so
that the full intent and purposes of this Contract can be carried out; upon
request by the CONTRACTOR, line item changes may be made in the budget
referred to herein without further City Council action if approved by the City
Manager; provided, however, no such change may alter the intent or purposes
of this Contract without further approval by the City Council of the CITY. In
no event shall the CITY be required to pay more than ONE HUNDRED FORTY
THOUSAND DOLLARS ($140,000) to CONTRACTOR under the terms of this
Contract.
6. 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 CONTRACTOR to continue performance of his obligations
hereunder until termination date hereof, CONTRACTOR shall provide sufficient
funds, whether from its own or other non-City sources, for continued performance
to fulfill the terms of this Contract.
7. Refurid. At the termination date hereof, CONTRACTOR shall pay to
the CITY any sums paid to the CONTRACTOR by the CITY which have not been
expended or committed as budgeted, or, upon approval of the City and as provided
for under subsequent contracts or arrangements, may apply such budget balances
to such future fundings as may be provided by the CITY.
8. Property. Upon termination of the Wichita Falls Family Practice
Residency Program, however brought about, any and all non-expendable equipment,
supplies or other items purchased by CONTRACTOR with funds paid by or to
CONTRACTOR under the terms hereof shall become the property of the CITY.
9. Fidelity Bonding. All persons employed by CONTRACTOR who will
handle funds received or disbursed under this Contract shall as a minimum be
covered by a fidelity bond in the amount of ten percent (10%) of the funds
provided or FIFTY THOUSAND DOLLARS ($50,000) , whichever is more. A certi-
ficate,assuring all persons handling funds received or disbursed under this
Contract are properly bonded, shall be forwarded to the CITY prior to the initial
disbursement of funds to CONTRACTOR. If the bond or bonds provided herein
are cancelled or reduced, the CONTRACTOR shall immediately notify the CITY.
In that event, the CITY shall not make any further disbursements to CONTRACTOR
Page 4 of' _If Pages
until adequate bonding has been obtained. Agenda Item No. ll.h.
3
10. Terms and Conditions and Labor Standard Provisions. This Contract
or agreement is subject to and incorporates the provisions attached hereto as
"Part Il - Terms and Conditions."
11. Financial Reports. A budget report, to contain such reasonable
financial information and data as City deems necessary, shall be submitted to
the CITY by the CONTRACTOR monthly.
12. Program Improvements. The CONTRACTOR agrees, whenever
feasible and practicable, to consider such measures as may improve the economy
and efficiency of the services, programs and activities provided hereunder.
The CONTRACTOR agrees to cooperate with the CITY or its designated agent
in such analyses, plans and studies as may be undertaken in pursuit of im-
proved economy and efficiency of operation.
13. Future Fundin The funding of this project in no way commits
the CITY to future funding of this program beyond the current contract period.
Any future funding is solely the responsibility of the CONTRACTOR.
IN WITNESS WHEREOF, the CITY and the NORTH CENTRAL
TEXAS MEDICAL FOUNDATION have hereunto set our hands -on--the--
day of 1982.
CITY OF WICHITA FALLS, TEXAS
BY:
Stuart A. Bach, City Manager
ATTEST:
Wilma J. Thomas, City Clerk
APPROVED AS TO FORM:
H. P. Hodge, City Attorney NORTH -CENTRAL. TEXAS 'MEDICAL
FOUNDATION
BY:
PAGE -!,E OF PAGEJ
ITEM iio. ILL
EXHIBIT A
1. Contractor agrees to train twelve (12) family practitioners during the
contract period.
2. Contractor agrees that the residents will provide direct patient care in
the Clinic as follows:
First year residents; 6 patients/week/resident
Second year residents: 24 patients/week/resident
Third year residents: 60 patients/week/resident
3. Contractor agrees that the residents will provide in-patient care as
follows:
First year residents: 10 patients averaged over a year
Second year residents: 10 patients averaged over a year
Third year residents: 6-8 patients averaged over a year
4. Contractor agrees to provide community education in health matters,
including, but not limited to, assisting the City-County Health Department
in conducting public health education programs.
5. Contractor agrees to provide service to the City-Counth Health Department
by having residents and faculty see all patients at pediatric clinics.
6. Contractor agrees to provide physician care to all obstetric patients at the
City-County Health Unit.
7. Contractor agrees to provide health education to city employees.
8. Contractor agrees to assist the City of Wichita Falls in its employee
assistance programs including, but not limited to, the areas of mental
health, alcoholism, drug abuse and physical fitness.
9. Contractor agrees to provide, upon request, inpatient care for City jail
inmates.
10. Contractor agrees to provide outpatient carefor City jail inmates at
Contractor's Family Health Center and/or in the emergency rooms of
Wichita General and Bethania Hospitals.
Page /P of 15,_ Pages
Agenda Item No. 11 .h.
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PART 11
TERMS AND CONDITIONS
i. Restriction on Disbursement. No money under this Contract shall be
disbursed by the CONTRACTOR to any party except pursuant to a written
contract which incorporates the applicable Supplemental General Conditions and
unless the party receiving the disbursement is in compliance with requirements
with regard to accounting and Escal matters to the extent that are applicable.
2. Termination 'of Contract for Cause. If, through any cause, the
CONTRACTOR shall fail to fulfill in timely and proper manner his obligations
under this Contract, or if the CONTRACTOR shall violate any of the covenants,
agreements or stipulations of this Contract, the CITY shall thereupon have the
right to terminate this Contract by giving written notice to the CONTRACTOR of
such termination and specifying theeffective date thereof, at least thirty (30)
days before the effective date of termination. In such event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photo-
graphs, and reports prepared by the CONTRACTOR under this Contract shall,
at the option of the CITY, become its property and the CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
completed hereunder.
Notwithstanding the above, the CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any breach
of the Contract by the CONTRACTOR, and the CITY may withhold any payments
to the CONTRACTOR as determined.
3. Termination for Convenience of CITY. The CITY may terminate the
Contract at any time by giving at least thirty (30) days notice in writing to the
CONTRACTOR. If the Contract is terminated by the CITY as provided herein
the CONTRACTOR will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bears to the total services of the
CONTRACTOR covered by this Contract, less payments of compensation. previously
made.
4. Changes. The CITY may, from time to time, request changes in the
Scope of Services of the CONTRACTOR as may be mutually agreed to be per-
formed hereunder. Such changes, including any increase or decrease in the
amount of the CONTRACTOR'S compensation, which are mutually agreed upon by
and between the CITY and the CONTRACTOR, shall be incorporated in written
amendments to the Contract.
Page '7 of [5—Pages
Agenda Item No. 11 .h.
2
5. Personnel.
a. The CONTRACTOR represents that he has , or will secure, aII
personnel required in performing the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with
the CITY.
b. The CONTRACTOR shall submit to the CITY a written list of all
employees employed under this Contract (including name, address and position) .
Any changes in this list shall be forwarded to the City every three months.
c. All of the services required hereunder will be performed by the
CONTRACTOR or under his supervision and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under the State and
local laws to perform such services.
d. No person who is serving in a penal or correctional institution
shall be employed or work under this Contract.
e. No person or firm who has litigation pending against the City of
Wichita Falls, Texas, shall be employed to work under this Contract unless
specifically authorized by the City Manager.
6. Assignability. The CONTRACTOR shall not assign any interest in this
Contract, and shall not transfer any interest in the same (whether by assignment
or novation) without the prior written consent of the CITY thereto: PROVIDED,
HOWEVER, that claims for money due or to become due to the CONTRACTOR from
the CITY under this Contract may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the CITY.
7. Records.
a. Establishment and Maintenance of Records. The CONTRACTOR shall
establish and maintain records in accordance with requirements prescribed by the
CITY , with respect to all matters covered by this Contract. Except as otherwise
authorized by the CITY , the CONTRACTOR shall retain such records for a period
of three years after receipt of the final payment under this Contract or termination
of this Contract.
b. Documentation of Costs. All costs shall be supported by properly
executed payrolls, time records, invoices, contracts, vouchers, orders, and/or
any other accounting documents pertaining in whole or in part to this Contract
shall be clearly identified and readily accessible.
c. Reports and Information . The CONTRACTOR at such time and in
such forms as the CITY may require, shall furnish to the CITY such statements,
records, reports , data, and information as the CITY may request pertaining to
Page 9 of 1,5' Pages
Agenda Item No. 11 .h.
3
matters covered by this Contract. All of the reports, information , data and
other related materials, prepared or assembled by the CONTRACTOR under this
Contract are confidential and shall not be made available to anyone without the
prior written approval of the CITY. Information restricted by law or
CONTRACTOR policy and relating to personal, medical and financial datq
will be treated as confidential and will not be released to the CITY.
d. Audits and Inspections. The CONTRACTOR shall at any time
during normal business hours and as often as the CITY may deem necessary,
make available to the CITY for examination all of its records and data with
respect to all matters covered by this Contract and shall permit the CITY or its
designated authorized representative to audit and inspect all invoices, materials,
payrolls, records of personnel conditions of employment and other data relating
to all matters covered by this Contract.
e. Additional Requirements. Unearned payments under this Contract
may be suspended or terminated upon refusal to accept any additional condition
that may be imposed by the CITY at any time.
f. Accounting. The CONTRACTOR shall establish and maintain on a
current basis an adequate accounting system on an accrual or other accounting
basis in accordance with generally accepted accounting principles and standards.
g. Property Records. A record shall be maintained for each item of
nonexpendable property acquired for the program. Nonexpendable proper ty is
property which will not be consumed or lose its identity by being incorporated
into another item of property, which costs One Hundred Dollars ($100.00) or
more per unit and is expected to have a useful life of one (1) year or more.
Grouping of like items such as chairs, with an aggregate cost in excess of
One Hundred Dollars ($100. 00) shall also be controlled and accounted for as
nonexpendable property even though the cost of a single item is less than
One Hundred Dollars ($100.00). The record shall include:
1. Description of the item of property, including model and serial
number, if applicable.
2. Date of acquisition.
3. The acquisition cost or assigned value to the program.
It shall also include information as to whether the item or property was new
or used at time of acquisition. The aggregate of the individual cost shown on the
record cards shall equal the balance in the subsidiary cost account for nonexpendable
property.
A physical inventory shall be taken and reconciled with the record card
annually.
Page of T Pages
A-- .. I I .
4
8. Elir_nble and Ineligible Costs.
a. Standards. All costs incurred must be reasonable and of a nature
which clearly related to the specific purposes and end product of the Contract
under which the services are being performed. Care must be exercised by all
concerned in incurring costs to assure that expenditures conform to these general
Z3
standards and the following criteria for eligibility of costs.
b. Eligible Costs. To be eligible for inclusion of the program , costs
must:
1. Be necessary and reasonable for proper and efficient execution of
the contractual requirements and in accordance with an approved budget.
2. Be in conformance with any limitations or exclusions in these instruc-
tions, federal laws, or other governing limitations.
3. Be accorded consistent treatment through application of accounting
policy and procedures approved and/or prescribed herein.
4. Be net of all applicable credits such as purchase discounts, rebates
or allowances, sales of publications or materials, or other income of refunds.
5. Be in accordance with budgetary or other restriction of expense
established by CONTRACTOR.
6. Be fully documented.
7. Comply with policies governing administrative practices, including
policies with respect to employment, salary and wage rates, working hours and
holidays, fringe benefits (health and hospitalization, retirement, etc.) , vacation
and sick leave privileges, and travel. The policies shall be in writing and shall
be approved by the governing body of the CONTRACTOR.
C. Ineligible Costs. In addition to costs ineligible under the above
criteria, the following costs are specifically ineligible:
1. Bad Debt. Any losses arising from uncollectable accounts and other
claims and related costs.
2. Contingencies. Contributions to a contingency reserve or any
similar provision for unforeseen event.
3. nnes and Penalties. Costs resulting from violations of or failure
to comply with federal, state and local laws and regulations.
4. Contributions and Donations.
Page /0 of /3'-Pages
Agenda Item No. 11 .h.
5. Entertainment. Costs of imusemews , social activities, and
incidental costs , such as meals , beverages. lodqin�rs . and gratuities, relatin- to
entertainment.
6. Interest and Other Financial Costs. Interest on borrowing
(however represented) , bond discounts, cost of financing and refinancing opera-
tions and legal and professional fees paid in connection therewith.
7. Membership Expenses. Cost of membership in an organization
which devotes a substantial part of its activities to influencing legislation.
8. Travel. Costs in excess of those normally allowed by the CONTRACTOR.
In any case, the difference in cost between first-class air accommodation and
less-than-first class air accommodations is not allowed except when less-than-
first class air accommodations are not available and is so documented.
9. Meeting Attendance. Costs of attending meetings which are not
open for attendance on a non-segregated basis.
9. Limitation on Compensation for Personal Services. Compensation for
personal services includes, but is not limited to, wages, salaries, and supple-
mentary compensation and benefits. Compensation for employees of the CONTRACTOR
shall not exceed that paid for similar work paid by the CITY. In cases where the
kinds of personal services provided have no counterpart in local governmental
agencies, compensation shall not exceed that paid for similar work in the labor
market in which the CONTRACTOR competes for the kinds of personal services
involved or the compensation level established by the CONTRACTOR'S primary
funding source.
10. Interest of Members of CITY. No member of the governing body of the
CITY , and no other office, employee, or agent of the CITY shall have any personal
financial intereet, direct or indirect, in this Contract; and the CONTRACTOR
shall take appropriate steps to assure compliance.
11. Interest of Other Local Public Officials. No member of the governing
body of the locality and no other public official of such locality shall have any
personal financial interest, direct or indirect, in this Contract; and the
CONTRACTOR shall take appropriate steps to assure compliance.
12. Identification of Documents. All reports, maps, signs and other docu-
ments completed as a part of this Contract, other than documents exclusively
for internal use within the CITY , shall contain the following information on the
front cover of title page (or in the case of maps or signs in an appropriate
block): This material prepared in cooperation with the City of Wichita Falls,
Texas, month and year of preparation.
13. Compliance with Local Laws-. The CONTRACTOR shall comply with
applicable laws, ordinances, and codes of the State and local governments, and
Page // of /,.S' Pages
Aqenda Item No. 11'..h.
6
the CONTRACTOR shall save and hold harmless the CITY with respect to
damages arising from any tort committed in performing any of the work embraced
r" Z�
by this Contract.
14. Civil Rig
ghts Act of 1964. The CONTRACTOR will carry out its work
under this Contract in a manner which will permit full compliance by the Program
with Title VI of the Civil Rights Act of 1964, and the regulations adopted by the
Department thereunder so that no person shall, on the ground of race, color or
national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving federal
financial assistance.
15. Political Activity Prohibited. None of the funds, materials, property
or services provided directly or indirectly under this Contract shall be used in
the performance of this Contract for any partisan political activity.
16. Lobbying Prohibited. None of the funds provided under this Contract
shall be used for publicity or propaganda purposes designed to support or defeat
legislation pending before the Congress.
17. Equal Employment Opportunity. During the performance of this Contract ,
the CONTRACTOR agrees as follows:
(a) the CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
The CONTRACTOR will take affirmative action to insure that applicants are
employed, and that employees are treated during employment without regard to
their race, color, religion, sec, or national origin. Such action shall include,
but not be limited to, the following: Employment, upgrading, demotion or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or
other terms of compensation; and selection for training, including apprenticeship.
The CONTRACTOR agrees to post in conspicuous places available to all employees
and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
(b) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all qualified
applications will receive consideration for employment without regard to race,
color, religion , sex, or national origina.
18. Renegotiation. This Contract may be renegotiated at the request of
either party in the event alternate sources of funding become available during
the term of the contractual agreement. CONTRACTOR must notify CITY of all
occurrences where alternate funding becomes available.
Page /2-of/J' Pages
Agenda Item No. I I .h.
-7-
19. Appendices. All attachments given reference to in this Contract and
all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
Page /.? of Pages
Agenda Item No. 11 h.
STATE OF TEXi%,S I eq—
COUNTY OF WICHITA 0
This agreement made and entered into as of the Ist day of
September, 1982, by and between the. City of Wichita Falls , and Wichita County,
Texas,
WITNESSETH:
WHEREAS , Wichita Falls and Fred Ray Mount have entered into
a contract whereby Mount will collect and dispose of dead animals in Wichita
County; for which Wicl-�ita Falls will pay him the sum of $1,375. 00 per month,
and Wichita County will derive benefits from such contract;
NOW , THEREFORE , for and in consideration of the mutual cov-
enants herein, and the benefits to be derived by Wichita County from such
contract between Wichita Falls and Mount, the parties hereto do hereby agree
as follows:
1. Wichdta County shall pay to Wichita Falls the sum of $687. 50
per month, less any credits due, payable monthly for the remaining term of
such contract which is to expire September 30, 1984.
2. All fees which may be collected by Mount from the owners of
dead animals shall be remitted by Mount to Wichita Falls and shall be pro-
portionately credited (at the rate of 50% of the fees collected) on the $687. 50
monthly consideration payable by Wichita County to Wichita Falls. Any such
credits shall be shown on monthly billings prepared by Wichita Falls and
submitted to Wichita County by or before the 10th day of each month.
3. Wichita Falls , through its own means and its contract with
Mount, shall provide Wichita County with monthly and cumulative (year-to-date)
reports not later than the 10th day of the month following the reported month,
such reports to contain information on the date, location, type, number and
ownership (if available) or other ownership identification of the dead animals
picked up or collected , the locations of the collection points (whether inside
one of the Cities of Wichita Falls, Burkburnett or Iowa Park or outside of those
Cities) , the numbers and amounts of the bills rendered for the collection
services provided categorized by in-city and outside city, and the total fees
collected and uncollected by in-city and outside city categories.
4. In those instances wherein Mount is unable to collect fees due,
Page 3 of 4 Pages
Agenda Item No. ll.i.
Wichita County shall retain the right to pursue collection 01' fees from the
owners of each dead animal picked up Jlri the Count,,' outside of Wichit�l Falls ,
Burkburnett. and Iowa Park; and Wichita Falls shall have the right to collect
a fee from the owner of each dead animal picked up within the city limits of
Wichita Falls. Neither of the parties shall have any obligation to enforce
collection from the animal owners of fees due the other party. Any fees so
collected shall be retained by the collecting entity.
The parties hereto have executed this agreement as of the day
and year first set out above.
CITY OF WICHITA FALLS , TEXAS
BY :
City Manager
ATTEST
COUNTY OF WICHITA, TEXAS
BY:
County Judge
ATTEST
Page 4 of 4 Pages
Agenda Item No.11A.
-2-
130ARD 01,* ALDERME- N AGENDA
0,Aober 5, 1982
ITEM,,SUBJEcr: Consider a Trimester Allotment System.
INITIATING DEPT.: Mayor's Oft"k-
CO,�LMENTARY: As requested durino- last Tuesday's Special City Council
Meeting. this itom is being presented for your formal consideration. Based
on conversation-, with LMayor Cook . the system will generally function as
follows:
1. Three times per year (the specific dates have not yet been set) the
City Manaq,�er would present projected budgeted unit expenditures by class
for a succeeding four- month period. 'Those forecasted expenditures would
be accompanied by supporting explanations.
2. At the end of each trimester or before proceeding to the next following
trimester, a review of the preJous trimester's expenditures will be made.
Explanation� will be provided by the City Manager for an-,7 sig,-nificant
variances from forecasted amounts.
3. The arens of proposed and actual expenditures to be reported will
encompass the account classe5- of personnel services , supplies , maintenance
and repairs , services ,, sundry and capital outlay.
4. Budget unit performance reports will also be furnished along with the
trimester allocntion reports. This will enable you to better anal� ze t�ie
services rendered for the dollars spent , it's a more coordinated approach
to reporting than would otherwise be achieved by separating the two, (i.e.
allotments/expenditures and performance,) .
Administrative procedures to implement the above will be prepared upon
your approval of saiiie. With the above system , we do not anticipate In
overdue amount of paperwork or staff time. This aspect will, nevertheless,
be monitored.
(CITY MGR.)
ASSOCIATED INFORMATION:
BUI)Gt-','I' CEI�'I'll,'I('A'rION (Sourccs/Account Nos.):
(CIJIEI,- ACCT. OFI;ICER)
LE-GA L CERTI 1,'ICATION: (CITY AT-FORNEY)
I of Pages
Page —
Agenda Item No. 1-2— (1-/-
PROPOSED AMENDMENTS
to
RESTRICTIVE COVENANTS
for
BLOCKS 73 & 74 , FAITH VILLAGE, UNIT #3
The uses of the subject property shall be restricted as
follows :
1. No building exceeding one story shall be constructed
on the property.
2 . All outside lighting on the property shall be directed
toward Kemp Blvd. .
3 . The only occupancy of the property allowable shall be
professional offices or financial institutions . No retail or
food service shall be allowed on the property. No establishment
having outside sound equipment or producing offensive odors shall
be allowed.
4. Any signage on the property (other than small direction
signs) shall face Kemp and not exceed 20 feet in height.
5. No vehicular access to the subject property shall be
allowed from Wolfe Street.
6. All parking area for the property shall be between the
buildings and Kemp Blvd. .
7 . The owners of all lots in the subject property agree to
place a 25 foot mutual driveway easement, running North-South
across the East 50 feet of the property.
8. The owners of all lots in the subject property agree
to the formation of a site plan review committee composed of
three members who are record owners of the remaining residential
lots in Unit III and two members who are record owners of the
proposed professional office lots in Unit III . All plans for
buildings to be constructed shall be submitted to the committee
for compliance with the above requirements.
The committee shall also decide on any legal screening that
shall be required along the Wolfe Street Frontage.
The committee shall reach a decision and report its require-
ments to the lot owner (s) within 15 days of submittal or waive
its right to require changes in the plans submitted.
O'k-
R
THE STATE OF TEXAS
_,_=0
COUNTY OF WICHITA
WITNESSETH this agreement made this day of
1982, between the City of Wichita Falls, a municipal corporation,
hereinafter referred to as the "City", and Carol Leonard, hereinafter
referred to as the "Reporter. "
TERM AND DUTIES
For, and in consideration of the compensation set out below,
the Reporter hereby agrees to serve as the Court Reporter of the
municipal Court of Record of the City of Wichita Falls, and in such
capacity, to make a verbatim record of all trials, pre-trials and
all other oral court proceedings by means of written symbols or
abbreviations in shorthand or machine shorthand writing, or oral
stenography.
The Reporter shall commence her duties under the terms of this
contract on the - day of October, 1982 and perform them, as
hereinafter set out, until and including the 30th day of September,
1983.
The Reporter agrees to perform the aforementioned duties at
the morning and afternoon sessions of the municipal Court on each
Monday, Wednesday and Friday that the Court is in session, except
as follows: if any legal holiday falls on a Monday, and the
Court is not in session, the Reporter agrees to report the following
Tuesday's morning session of the Court; if any legal holiday falls
on a Friday, and the Court is not in session, the Reporter agrees
to report the preceding Thursday's morning session of the Court.
COMPENSATION
As compensation for the services rendered under this agreement,
the City agrees to pay to the Reporter the sum of $15,600.00 per
year, payable in equal bi-weekly installments of $600.00 payable
on the same day that regular City employees are paid.
P,
The City will provide all office supplies, including, but not
limited to, stenotype paper, necessary for the performance of the
Reporter's duties under this agreement.
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Upon completion of each Court session reported, the Reporter
agrees to deliver, to the Clerk of the Municipal Court, the verbatim
record of the Court Proceedings recorded.
The Reporter agrees that she will, without additional charge
to the City, prepare or cause to be prepared six (6) statements
of facts in cases appealed from the Municipal Court of Record,
during the duration of this contract. Any statements of fact pre-
pared in excess of six (6) during the contract period shall be
prepared or cause to be prepared by the Reporter at the rate of
Three Dollars ($3.00) per page.
SUBSTITUTE REPORTER
In the event that the Reporter, whether due to illness or any
other reason, cannot perform her duties under this agreement, she
agrees to provide, at her own expense, a Certified Court Reporter,
acceptable to the Presiding Judge, to perform her duties pursuant
to the terms of this agreement.
VACATION
The Reporter shall be entitled to a two-week vacation with
full pay; provided that she notify the full-time Presiding Judge of
the Municipal Court no less than two weeks prior to the time the
vacation is to begin and provided further that she take the two-
week vacation either in two one-week vacations or one two-week
vacation.
It is understood and agreed upon by the parties that the two-
week vacation includes only six (6) working days.
It is
further understood and agreed upon that the Reporter
shall not be obligated to provide a Certified Court Reporter to
perform her duties while she is on vacation.
TERMINATION
The retention of the Reporter shall continue only as long as
the services rendered by the Reporter are satisfactory to the full-
time Presiding Judge of the Municipal Court of Record of the City
of Wichita Falls, regardless of any other provision contained in
this agreement. The Presiding Judge shall be the sole judge as
to whether the services of the Court Reporter are satisfactory.
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If the Reporter willfully breaches or habitually neglects
the duties which she agrees to perform herein, the City of Wichita
Falls may at its option terminate this agreement by giving written
notice of termination to the Reporter without prejudice to any other
remedy to which the City may be entitled to either at law, or in
equity, under this agreement.
STATUS OF REPORTER
It is agreed and expressly warranted for all purposes that the
Reporter is an independent Contractor and is not an employee of the
Citv of Wichita Falls.
EFFECT OF TERMINATION ON COMPENSATION
In the event of the termination of this agreement prior to the
completion of the term specified herein, the Reporter shall be en-
titled to the compensation earned by her prior to the date of termina-
tion as provided for in this agreement computed pro rate up to and
including the date of termination. The Reporter shall he entitled
to no further compensation after the date of termination of this
agreement.
EXCLUSIVE AGREEMENT
This agreement supersedes any and all other agreements, either
oral or written, between the parties hereto with respect to the reten-
tion of the Reporter by the City of Wichita Falls and contains all
of the covenants and agreements between the parties with respect to
such services in any manner whatsoever.
Executed at Wichita Falls, Texas on the day and year first
above written.
CITY OF WICHITA FALLS
By:
MOM-
Carol Leonard
ATTEST:
City Clerk
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