Res 130-2009 10/6/2009 RESOLUTION NO. 130-2009
Resolution Authorizing The City Manager To Execute Contracts With
Organizations That Provide Community Services And/Or Promote
The Convention And Tourism Industry
WHEREAS, the 2009-10 Adopted Budget includes funds for organizations that
provide community services and/or promote the convention and tourism industry; and
WHEREAS, the City Council finds that the organizations funded by the hotel
occupancy tax (designated below by Hotel/Motel Fund) promote the convention and
hotel industry.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to enter into contracts with the following
organizations that provide community services and/or promote the convention and
tourism industry, in forms to be approved by the City Attorney, in the amounts specified
below:
A enc Fund Amount
East Lynwood Residents' Organization General $12,000
Nei hborhood Action Grou s
Helen Farabee Re ional MHMR Centers General $90,000
Child Care Incor orated O erations CDBG $149,308
Senior Citizens Services of North Texas CDBG $60,000
Meals on Wheels
North Central Texas Medical Foundation CDBG $74,736
Christmas in Action CDBG $50,000
Wichita Falls Arts Commission Hotel/Motel $75,000
River Bend Nature Works Hotel/Motel $6,500
Fantas of Li hts Basketball Hotel/Motel $5,000
PASSED AND APPROVED this the 6th day of O ber, 20 9.
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M A Y O R PRO TEM
TTEST:
O�'�-�
ity Clerk
CONTRACT WITH RIVER BEND NATURE CENTER
This contract made and entered into this the 6th day of October, 2009 by and
between the City of Wichita Falls, Texas, hereinafter referred to as "City" and the River
Bend Nature Center, hereinafter referred to as "Contractor."
WITNESSETH:
For and in consideration of the mutual covenants herein contained, the parties
do hereby agree as follows:
1. Scope of Services. The Contractor agrees to perform the following .
services to promote tourism and the convention and hotel industry in a satisfactory and
proper manner as determined by the City.
2. Term of Contract. The term of this agreement shall be for the one-year
period beginning October 1, 2009 and ending September 30, 2010, subject to
satisfactory performance by the Contractor as outlined herein.
3. Compensation. The City agrees to pay to the Contractor a maximum amount
of Six Thousand Five Hundred Dollars ($6,500), which shall constitute full
compensation for the Contractor's services and expenses incurred under this contract.
4. Method of Payment. Payment to the Contractor shall be made in one
payment of Six Thousand Five Hundred Dollars ($6,500) after October 1, 2009.
Payment shall be processed upon receipt of a request for payment.
5. Budqet. In performing the services called for under the provisions of this
contract, the Contractor shall conform his expenditures to an approved budget. 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 wifihout further City Council action if
approved by the City Manager; provided, however, no such change may alter the intent
of 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 Six Thousand Five Hundred Dollars
($6,500) to the 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, the Contractor shall contribute sufficient funds for continued performance to
fulfill terms of the contract.
7. Refund At the termination date hereof, the Contractor shall pay to the City
any sums paid to the Contractor by the City which have not been expended or
committed as budgeted.
8. Financial Reports. A budget report, to contain such reasonable financial
information and data as the City deems necessary, shall be submitted to the City by the
Contractor annually or at the specific request of the City Manager or his representative.
9. Future Fundinq. 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.
10. Restriction on Disbursement. No funds under this contract shall be disbursed
by the Contractor to any other party nor shall any of the work or services covered by
this contract be subcontracted without the prior written approval of the City.
11. Termination of The Contract. This agreement shall continue in full force and
effect until the expiration of the term set forth above. If either party fail to fulfill their
obligations under this contract in a timely and proper manner, the other party shall have
the right to terminate this contract for cause. Written notice stating the grounds for
termination will be given the other party, not less than thirty (30) days prior to the
effective date of such termination.
If either party to the contract should desire to terminate the contract prior to the
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date of expiration, they may do so by giving written notice to the other party not less
than sixty (60) days prior to the intended termination date.
Upon termination of this contract, all future obligations are hereby extinguished.
The Contractor shall be entitled to reaeive just and equitable compensation from the
City for any satisfactory work completed prior to the termination. The Contractor will
refund any unearned funds advanced by or received from the City. 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 Contractor. The City may withhold any
payments due the Contractor for the purposes of setoff until such time as the exact
amount of damages due the City from the Contractor are determined.
12. Chanqes. The City may, from time to time, request changes in the Scope of
Services of the contract 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.
13. Assiqnabilitv. 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. However, claims for money due or to
become due to the Contractor from the City under this contract may be assigned to a
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bank, trust company, or other financial institution without such approval. Notice of any
such assignment or transfer shall be furnished promptly to the City.
14. 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
3
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. Any of the above related 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.
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 Contractor. 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 by the City except as may be required
pursuant to Texas Government Code Chapter 552 and any amendments thereto.
� 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. Contractor
shall furnish to the City a certified audit report of the expenses pertaining to this
contract upon completion.
e. Accountina. 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. All revenue
provided by the City shall be maintained in a separate account established for that
purpose and the Contractor may not commingle that revenue with any other money or
maintain it in any other account.
4
15. Limitation on Compensation for Personal Services. Compensation for
personal services includes, but is not limited to, wages, salaries, and supplementary
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.
16. Interest of Citv and Others. No officer, or employee of the City and no
members of its governing body of the locality or localities in which the project is situated
or being carried out who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this Project, shall participate in any
decisions relating to this contract which affects his personal interest or the interest of
any corporation, partnership, or association in which he is, directly or indirectly,
interested or has any personal or pecuniary interest, direct or indirect, in this contract or
the proceeds thereof.
17. 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 and hold harmless the City with respect to damages arising from any tort
committed in perForming any of the work embraced by this contract.
18. 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.
5
19. Lobbvinq 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 any governmental entity.
20. Equal Emplovment 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, sex, or
national origin. Such action shall include, but not be limited to, the following:
Employment, upgrading, demofion 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
origin.
c. The Contractor shall keep such records and submit such reports
concerning the racial and ethnic origin of its employees as the City may require.
21. Reneqotiation. 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. The Contractor must notify the City of all occurrences where
alternate funding becomes available.
6
, , . � .
22. Liabilitv Insurance. The Contractor shall maintain during the term of this
contract liability insurance in the amount of $250,000 for bodity injury or death to any
individual and in the amount of $500,000 for any single occurrence for bodily injury or
death. Liability insurance for injury or destruction to property shall also be maintained in
the amount of $100,000. The City shall be named as a co-insured and a certificate of
insurance evidencing the above liability limits shall be furnished and kept on file with the
City Clerk during the duration of this agreement. Such liability policy shall further
provide that in the event the insurance is canceled for any reason that the City shall be
immediately notified of the intent to terminate coverage by the insurance provider.
23. Venue. This contract is to be performed in Wichita County, Texas which
shall be the exclusive venue for any legal proceedings related to this agreement.
This agreement made and entered into the 6th day of October, 2009.
CIT F CHITA FALL , T S
BY: I
Darr eiker, City Manager �
ATTEST:
D•�.CJ.r
ity rk
APPR ED AS TO FORM:
ttor y
RIVER END NATURE ENTER „
BY: ��
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CONTRACT WITH THE HELEN FARABEE REGIONAL
MHMR CENTERS
This contract made and entered into this the 6th day of October, 2009 by and
between the City of Wichita Falls, Texas, hereinafter referred to as "City" and the Helen
Farabee Regional MHMR Centers, hereinafter referred to as "Contractor."
WITNESSETH:
For and in consideration of the mutual covenants herein contained, the parties
do hereby agree as follows:
1. Scoqe of Services. The Contractor agrees to perform the following services
in a satisfactory and proper manner as determined by the City:
a. Establish and operate on a contingency basis a treatment program to
enhance the physical and emotional well-being of inentally impaired residents of
Wichita County.
b. Provide rehabilitation services for moderately and severely handicapped
residents of Wichita County.
c. Provide counselors to screen mentally impaired or deficient persons to
assure continuance of the most appropriate type of therapy.
d. Assist the City in the development and implementation of an Employees'
Assistance Program to include, but not be limited to, the areas of inental illness, family
relations, employer-employee relations, alcoholism, drug abuse, and human relations.
e. 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.
f. Maintain the numerical counts and other data so as to provide an
accurate record of the services rendered and programs provided under this contract.
g. Upon request by the City, provide psychological assessments or
examinations to prospective City employees, both at the entry and promotional levels.
2. Term of Contract. The term of this agreement shall be for the one-year
period beginning October 1, 2009 and ending September 30, 2010, subject to
satisfactory performance by the Contractor as outlined herein.
3. Compensation. The City agrees to pay to the Contractor a maximum amount
of Ninety Thousand Dollars ($90,000), which shall constitute full compensation for the
Contractor's services and expenses incurred under this contract.
4. Method of Payment. Payments to the Contractor shall be made in four equal
payments of Twenty-Two Thousand Five Hundred Dollars ($22,500.00) per quarter
from October 2009 through September 2010. Payments shall be processed quarterly
upon receipt of a request for payment.
5. Budget. In performing the services called for under the provisions of this
contract, the Contractor shall conform his expenditures to the services outlined in the
budget request as submitted to the City. 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 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 Ninety Thousand Dollars ($90,000), to the 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, the Contractor shall contribute sufficient funds for continued performance to
fulfill terms of the contract.
7. Refund At the termination date hereof, the Contractor shall pay to the City
any sums paid to the Contractor by the City which have not been expended or
committed as budgeted.
8. Financial Reports. A budget report, to contain such reasonable financial
information and data as the City deems necessary, shall be submitted to the City by the
Contractor upon the request of the City.
9. Future Fundinq. 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.
10. Restriction on Disbursement No funds under this contract shall be disbursed
by the Contractor to any other party nor shall any of the work or services covered by
this contract be subcontracted without the prior written approval of the City.
11. Termination of The Contract. This agreement shall continue in full force and
effect until the expiration of the term set forth above. If either party fail to fulfill their
obligations under this contract in a timely and proper manner, the other party shall have
the right to terminate this contract for cause. Written notice stating the grounds for
termination will be given the other party, not less than thirty (30) days prior to the
effective date of such termination.
If either party to the contract should desire to terminate the contract prior to the
date of expiration, they may do so by giving written notice to the other party not less
than sixty (60) days prior to the intended termination date.
The Contractor shall be entitled to receive just and equitable compensation from
the City for any satisfactory work completed prior to the termination. The Contractor will
refund any unearned funds advanced by or received from the City. 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 Contractor. The City may withhold any
payments due the Contractor for the purposes of setoff until such time as the exact
amount of damages due the City from the Contractor are determined.
12. Chanqes. 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.
13. Assiqnabilitv. 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; 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.
14. 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. Any of the above related 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.
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 Contractor. 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 except as may be required
pursuant to Texas Government Code Chapter 552 and any amendments thereto.
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. Contractor
shall furnish to the City a certified audit of the expenses pertaining to this contract upon
completion.
e. Accountinq. 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.
15. Limitation on Compensation for Personal Services. Compensation for
personal services includes, but is not limited to, wages, salaries, and supplementary
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.
16. Interest of Citv and Others. No officer, or employee of the City and no
members of its governing body of the locality or localities in which the project is situated
or being carried out who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this Project, shall participate in any
decisions relating to this contract which affects his personal interest or the interest of
any corporation, partnership, or association in which he is, directly or indirectly,
interested or has any personal or pecuniary interest, direct or indirect, in this contract or
the proceeds thereof.
17. 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 and hold harmless the City with respect to damages arising from any tort
committed in performing any of the work embraced by this contract.
18. Political Activitv 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.
19. 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 any governmental entity.
20. 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, 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 race, color, religion, sex, or national
origin.
c. The Contractor shall keep such records and submit such reports
concerning the racial and ethnic origin of its employees as the City may require.
21. 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. The Contractor must notify the City of all occurrences where
alternate funding becomes available.
22. Liabilitv Insurance. The Contractor shall maintain during the term of this
contract liability insurance in the amount of $250,000 for bodily injury or death to any
individual and in the amount of $500,000 for any single occurrence for bodily injury or
death. Liability insurance for injury or destruction to property shall also be maintained in
the amount of $100,000. The City shall be named as a co-insured and a certificate of
insurance evidencing the above liability limits shall be furnished and kept on file with the
City Clerk during the duration of this agreement. Such liability policy shall further
provide that in the event the insurance is canceled for any reason that the City shall be
immediately notified of the intent to terminate coverage by the insurance provider.
23. Venue. This contract is to be performed in Wichita County, Texas which
shall be the exclusive venue for any legal proceedings related to this agreement.
This agreement made and entered into the 6th day of October, 2009.
CITY OF WICHITA FA , TEXAS
BY: �
Darron L iker, City Manage
.�
ATTEST:
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City CI r
APPROVED AS TO FORM:
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' Attorney
THE HELEN FARABEE REGIONAL
MHMR CENTERS
BY: �
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CONTRACT WITH FANTASY OF LIGHTS BASKETBALL TOURNAMENT,INC.
This contract made and entered into this the 6th day of October, 2009 by and
between the City of Wichita Falls, Texas, hereinafter referred to as "City" and the
Fantasy of Lights Basketball Tournament, Inc., hereinafter referred to as "Contractor."
WITNESSETH:
For and in consideration of the mutual covenants herein contained, the parties
do hereby agree as follows:
1. Scope of Services. The Contractor agrees to perform the following services
to promote tourism and the convention and hotel industry in a satisfactory and proper
manner as determined by the City.
2. Term of Contract. The term of this agreement shall be for the one-year
period beginning October 1, 2009 and ending September 30, 2010, subject to
satisfactory performance by the Contractor as outlined herein.
3. Compensation. The City agrees to pay to the Contractor a maximum amount
of Five Thousand Dollars ($5,000), which shall constitute full compensation for the
Contractor's services and expenses incurred under this contract.
4. Method of Pavment. Payment to the Contractor shall be made in one
payment of Five Thousand Dollars ($5,000) after October 1, 2009. Payment shall be
processed upon receipt of a request for payment.
5. Budget. In performing the services called for under the provisions of this
contract, the Contractor shall conform his expenditures to an approved budget. 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 of
purpose of this contract without furthet approval by the City Council of the City. In no
event shall the City be required to pay more than Five Thousand Dollars ($5,000) to the
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, the Contractor shall contribute sufficient funds for continued performance to
fulfill terms of the contract.
7. Refund. At the termination date hereof, the Contractor shall pay to the City
any sums paid to the Contractor by the City which have not been expended or
committed as budgeted.
8. Financial Reports. A budget report, to contain such reasonable financial
information and data as the City deems necessary, shall be submitted to the City by the
Contractor annually or at the specific request of the City Manager or his representative.
9. Future Fundinq. 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.
10. Restriction on Disbursement No funds under this contract shall be disbursed
by the Contractor to any other party nor shall any of the work or services covered by
this contract be subcontracted without the prior written approval of the City.
11. Termination of The Contract. This agreement shall continue in full force and
effect until the expiration of the term set forth above. If either party fail to fulfill their
obligations under this contract in a timely and proper manner, the other party shall have
the right to terminate this contract for cause. Written notice stating the grounds for
termination will be given the other party, not less than thirty (30) days prior to the
effective date of such termination.
If either party to the contract should desire to terminate the contract prior to the
2
date of expiration, they may do so by giving written notice to the other party not less
than sixty (60) days prior to the intended termination date.
Upon termination of this contract, all future obligations are hereby extinguished.
The Contractor shall be entitled to receive just and equitable compensation from the
City for any satisfactory work completed prior to the termination. The Contractor will
refund any unearned funds advanced by or received from the City. 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 Contractor. The City may withhold any
payments due the Contractor for the purposes of setoff until such time as the exact
amount of damages due the City from the Contractor are determined.
12. Changes. The City may, from time to time, request changes in the Scope of
Services of the contract 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.
13. Assiqnability. 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. However, 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.
14. 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
3
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. Any of the above related 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.
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 Contractor. 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 by the City except as may be required
pursuant to Texas Government Code Chapter 552 and any amendments thereto.
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. Contractor
shall furnish to the City a certified audit report of the expenses pertaining to this
contract upon completion.
e. Accountinq. 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. All revenue
provided by the City shall be maintained in a separate account established for that
purpose and the Contractor may not commingle that revenue with any other money or
maintain it in any other account.
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15. Limitation on Compensation for Personal Services. Compensation for
personal services includes, but is not limited to, wages, salaries, and supplementary
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.
16. Interest of Citv and Others. No officer, or employee of the City and no
members of its governing body of the locality or localities in which the project is situated
or being carried out who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this Project, shall participate in any
decisions relating to this contract which affects his personal interest or the interest of
any corporation, partnership, or association in which he is, directly or indirectly,
interested or has any personal or pecuniary interest, direct or indirect, in this contract or
the proceeds thereof.
17. 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 and hold harmless the City with respect to damages arising from any tort
committed in performing any of the work embraced by this contract.
18. Political Activitv 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.
19. Lobbvinq 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 any governmental entity.
20. Equal Emplovment Opportunitv. During the performance of this contract, the
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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, 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 race, color, religion, sex, or national
origin.
c. The Contractor shall keep such records and submit such reports
concerning the racial and ethnic origin of its employees as the City may require.
21. Reneqotiation. 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. The Contractor must notify the City of all occurrences where
alternate funding becomes available.
22. Liability Insurance. The Contractor shall maintain during the term of this
contract liability insurance in the amount of $250,000 for bodily injury or death to any
individual and in the amount of $500,000 for any single occurrence for bodily injury or
death. Liability insurance for injury or destruction to property shall also be maintained in
the amount of $100,000. The City shall be named as a co-insured and a certificate of
insurance evidencing the above liability limits shall be furnished and kept on file with the
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City Clerk during the duration of this agreement. Such liability policy shall further
provide that in the event the insurance is canceled for any reason that the City shall be
immediately notified of the intent to terminate coverage by the insurance provider.
23. Venue. This contract is to be performed in Wichita County, Texas which
shall be the exclusive venue for any legal proceedings related to this agreement.
This agreement made and entered into the 6th day of October, 2009.
CITY OF ITA FALLS T XAS
BY:
Darro L' er, City Manager
ATTEST:
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City I rk
APP VE S T FORM:
' Atto r
FANTASY OF LIGHTS BASKETBALL
TOURN MENT
BY:
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CONTRACT WITH EAST LYNWOOD RESIDENTS
ORGANIZATION, INC. FOR THE SUPPORT OF
NEIGHBORHOOD ACTION GROUPS
This contract made and entered into this the 6th day of October 2009, by and
between the City of Wichita Falls, Texas, hereinafter referred to as "City" and East
Lynwood Residents Organization, Inc., hereinafter referred to as "Organization."
WITNESSETH:
For and in consideration of the mutual covenants herein contained, the parties
do hereby agree as follows:
1. Purpose and Scope of Services. The general purpose of this contract is the
promotion of the public interest, health, safety and welfare, particularly in the areas
served by the Organization and its affiliates. These services shall include but not be
limited to such activities as promotion of neighborhood awareness of crime prevention,
civic responsibility and social harmony and be performed to the satisfaction of the City.
2. Term of Contract. The term of this contract shall be for the period beginning
October 1, 2009 and ending September 30, 2010, subject to satisfactory perFormance
by the Organization as outlined herein.
3 Consideration and Eligible Expenses. The City agrees to allocate a maximum
amount of Twelve Thousand Dollars ($12,000) for the support of two centers owned by
the City and agrees to lease same to the Organization and its affiliates. Said lease
shall be included by reference in this contract as if fully described herein.
The centers are located in East Lynwood Park and in Jalonick Park and are
commonly referred to as East Lynwood and Kemp/Sunnyside Centers. The City will
pay utility expenses for electric, gas, water, sewer, refuse and local telephone, and pay
for the insurance expenses on the centers. The Organization will be responsible for
minor building and grounds maintenance expenses.
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All expenditures shall be reasonable and necessary. The City reserves the right
to deny payment to the Organization for the cost of services that exceed that paid for
similar work paid by the City. Expenditures for personal services must receive prior
approval from the City.
4. Method of Pavment. At the beginning of the contract term, the aflocated
budget for each center shall be in amounts as follows:
East Lynwood $6,000
Kemp/Sunnyside 6 000
Total $12,000
The City will pay all expenses outlined above directly with the budgeted amount
up to a maximum of $12,000. Within fifteen (15) working days of the last day of each
quarter, ending December 31, March 31, June 30 and September 30, the Organization
shall submit to the City invoices, receipts or other documents acceptable as proof of
any expenditures paid by the Organization for support of the Centers. Such proof of
expenditure shall be identified by neighborhood center and accompanied by an updated
sum of expenditures for each center. In addition, each quarterly report shall include a
listing of the dates and attendance numbers for use of each facility to demonstrate how
each facility is being used by the neighborhood groups.
5. Budget. The Organization shall:
a. Establish a budget and expenditure record sheet for each
neighborhood center.
b. Allow only those expenditures that are allowed in Section 3 and
that conform to the applicable neighborhood center's budget
and that have been pre-authorized (prior to purchase or
commitment) by a duly designated representative of the
Organization. The Organization has the obligation to disallow
expenditures that do not meet these criteria.
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c. Not reallocate or transfer any planned or actual expenditure contained
in a neighborhood center budget without first obtaining the written
approval of the chairman or designated representative of the affected
neighborhood center. In no case, however, shall funds be budgeted or
used for purposes other than those stated in Section 3 of this contract
without the prior approval of the City Manager or his designee.
6. Financial Reports. A budget report shall be submitted to the City by the
Organization on a quarterly basis and shall contain such reasonable financial
information and data as the City deems necessary,
7. Deleqation of Responsibility. The Organization shall not delegate its
responsibility under this contract and no funds under this contract shall be disbursed by
the Organization, other than in accordance with Section 3, to any other party nor shall
any of the work or services covered by this contract be subcontracted without the prior
written approval of the City.
8. Termination of The Contract. This agreement shall continue in full force and
effect until the expiration of the term set forth above. If either party fails to fulfill their
obligations under this contract in a timely and proper manner, the other party shall have
the right to terminate this contract for cause. Written notice stating the grounds for
termination will be given the other party, not less than thirty (30) days prior to the
effective date of such termination.
If either party to the contract should desire to terminate the contract prior to the
date of expiration, they may do so by giving written notice to the other party not less
than sixty (60) days prior to the intended termination date.
The Organization shall be entitled to be reimbursed from the City for any eligible
expenses incurred prior to the termination. Notwithstanding the above, the
Organization shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of the Organization. The City may withhold any payments
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due the Organization for the purposes of setoff until such time as the exact amount of
damages due the City from the Organization are determined.
9. Chanqes. The City may, from time to time, request changes in the Scope of
Services of the Organization. Such changes, including any increase or decrease in the
amount of the Organization's compensation, which are mutually agreed upon by and
between the City and the Organization, shall be incorporated in written amendments to
the contract.
10. Assiqnability. The Organization 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; provided, however, that claims for money
due or to become due to the Organization 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.
11. Records.
a. Establishment and Maintenance of Records. The Organization 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 Organization 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 invoices,
contracts, vouchers, orders, and/or any other accounting documents. Any of the above
related in whole or in part to this contract shall be clearly identified and readily
accessible.
c. Reports and Information. The Organization shall at such times and in
such forms as the City may require, furnish to the City such statements, records,
reports, data, and information as the City may request pertaining to matters covered by
this contract.
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d. Audits and Inspections. The Organization 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, records and other data relating to all matters
covered by this contract.
12. Compliance with Local Laws. The Organization shall comply with applicable
laws, ordinances, and codes of the State and local governments and the Organization
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.
13. Political Activity Prohibited. None of the funds provided directly or indirectly
under this contract shall be used for any partisan political activity.
14. Lobbvinq 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 any governmental entity.
15. Equal Employment Opportunitv. During the performance of this contract, the
Organization agrees not to discriminate against any person because of race, color,
religion, sex, or national origin.
16. 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. The Organization must notify the City of all occurrences where
alternate funding becomes available.
17. Building Insurance. The Organization shall maintain during the term of this
contract sufficient fire and extended coverage insurance on the structures to protect the
interests of the City and itself, as specified in the above-mentioned leases. The City
shall be named as additional insured on such policy. The City shall approve such
insurance policy and an insurance certificate shall be on file with the City at all times.
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18. Venue. This contract is to be performed in Wichita County, Texas which shall
be the exclusive venue for any legal proceedings related to this agreement.
This agreement made and entered into the 6th day of October 2009.
EAST LYNWOOD RE ENTS ORGANIZATION, INC.
BY:
Chairman
KEMP/SUNNYSIDE NEIGHBORHOOD ACTION GROUP
BY: �� ��
Chairman
CITY WICHI A FALLS, T
BY: (
Darron i er, City Manager
ATTEST:
b�c.�
Ci y CI k
APPROVED AS FORM:
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Atto rn
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