1994-193FILE REFERENCE FORM 94-193
X Additional Pile Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
N'ILN: S Date Initials
Amendment No. 1 to Agreement [original is attached] 11/27/95 JR
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING
A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive sealed proposals for the purchase of necessary
materials, equipment, supplies or services in accordance with the
procedures of state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described proposals are
the best responsible proposals for the materials, equipment,
supplies or services as shown in the "Proposals" submitted
therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Proposals" attached hereto, are hereby accepted and approved as
being the best responsible proposal for such items:
RFP ITEM
NUMBER NO. VENDOR AMOUNT
1670 ALL Ralph Newlan $22,434.00
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted proposals, the City accepts the
offer of the persons submitting the proposals for such items and
agrees~to purchase the materials, equipment, supplies or services
in accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Invitations, Proposals,
and related documents.
SECTION III. That should the City and persons submitting
approved and accepted items and of. the submitted proposals wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposal, the City
Manager or his designated representative is hereby authorized to
execute the written contract which shall be attached hereto;
provided that the written contract is in accordance with the terms,
conditions, specifications, standards, quantities and specified
sums contained in the Proposal and related documents herein
approved and accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted proposals, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved proposal or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this ~4~day of ~ , 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DEBRA A. DRAYOVITCH, CITY ATT~NEY
BY: J
DATE: OCTOBER 18, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RFP # 1670 - HISTORIC INVENTORY OF DENTON TEXAS
RECOMMENDATION: We recommend this RFP for the Historical Inventory of Denton
Texas be awarded to Ralph Newlan in the amount of $22,434.00.
SUMMARY: This request for Proposal is for the services of a qualified historic
preservation professional for the purpose of conducting a city-wide inventory of
Denton. The project is to survey all remaining pre 1945 structures and prepare a
written inventory including photo-documentation. The survey shall be conducted
in compliance with Texas Historical Commission guidelines.
Historic Landmark Commission recommends approval.
BACKGROUND: Recommendation from Jane Biles, Preservation Officer; Minutes
from Historic Landmark Commission meeting of October 10, 1994.
PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Main Street, Historic
Landmark Commission and Citizens of Denton.
FISCAL IMPACT: This survey is partially funded with a grant from the United
States Department of Interior Administered by the Texas Historical Commission. The
remainder is available from City of Denton funds. Total available budget is
$23,000.00.
~esp.~tfullF ~ub mit.t e~.
fl Lloyd V. Harrel~/
City Manager
Approved:
Na~e.-~om'D. Shaw, C.P.M.
Title: Purchasing Agent
534 ,AGENDA
STatiST
~ 100WestOak · Suite204 · Denton,Texas 76201 · (817) 566-8529
D[I1TOI'I
The Square and Be~on~
TO: Tom Shaw, Purchasing Agent
FROH: Jane Jenkins Biles, Preservation Officer
DATE: October tl, 1994
SUBJECT: RFP for Ristoric Inventory
The Historic Landmark Commission recommends that the City Council
accept the proposal of Ralph Newlan to conduct a city-wide historic
resources inventory. ~]r. Newlan's bid for this project was
$22,434, which is within the budgeted amount.
10/11/94 15:31 '~98175655236 CITY OF DENTON ~002/002
MINUTES
Historic Landmark Commission
October 10, 1994
The regular meeting of the Historic Landmark Commission of the City of Denton was
held at 4:39 p.m. in the Civil Defense Room of the Municipal Building located at
215 E, MdKInney Street on Monday, October 10, 1994.
*Present: Judith Abbott, Rita Holcomb, Jim Kirkpatriek, Mark Merkl, and
Kenneth Morgan
Absent: Suzanne Byron, Judy Cole, Bullitt Lowry and Alan Smart
Present from Staff: Frank H. Robblns, Executive Director for Planning and
Development; Jane Jenkins Biles, Preservation Officer; and
Donna Bateman, Planning Technician
Chairwoman Abbott called the meeting to order.
I. Consider approval of the minutes of the regular meeting of
September 12, 1994 and the special called meeting of September 30, 1994.
Mr. Merki moved to approve the minutes of the regular meeting of
September 12, 1994 and the special called meeting of September 30, 1994.
It was seconded by Mr. Klrl<;patrick and unanimously carried (5-0).
I1. Consider a recommendation of the RFP subcommittee to accept the
proposal of Ralph Newlan.
Ms. Biles reported to the Commission that the sub(~ommittee recommended
accepting the proposal of Ralph Newlan.
Mr. Morgan asked if any local proposals were submitted. Ms. Biles stated
that the closest proposal came from Sanger. She added that Mr. Albrecht
who submitted the proposal from Sanger will also be on the team for
Mr. Newlan. Ms. Abbott added that the subcommittee agreed that
Mr. Albreht did not have experience in surveying.
Mr. Kirkpatrick asked what experience Mr. Newlan had. Ms. Biles reported
that Mr. Newlan did surveys for two districts and for Hayes County.
Ms. Biles reported that the Historic Landmark Commission's recommendation
will go to the City Council on October 18th on the consent agenda.
Following approval, a contract will be drawn up in accordance with the RFP.
Mr. Merki moved to accept the proposal of Ralph Newlan for the survey. It
was seconded by Ms. Holcomb and unanimously carried (5-0).
OCT && '94 &4:39 98~7566S236 PRGE.002
AOREEMENT BETWEEN THE CITY OF DENTON
AND RALPH E. NEWL~N
This Agreement is entered into between the City of Denton, a
municipal corporation of the State of Texas, with office at 215 E.
McKinney, Denton, Texas 76201 (hereinafter referred to as "city")
and Ralph E. Newlan, 1000B Alta Vista, Austin, Texas 78704
(hereinafter referred to as "Consultant").
I.
SCOPE OF SERVICES
consultant agrees to perform the following services:
1. Survey all remaining pre-1945 structures in Denton, Texas.
Expected products include photo-documentation of each property,
with color slides of the most significant properties: an
expanded inventory; and recommendations for potential historic
districts, individual National register nominations and
Recorded Texas Historic Landmarks. Consultant shall conduct
the survey in compliance with Texas Historical Commission
guidelines. Inventory shall include addresses, simple archi-
tectural descriptions, ownership and historical significance.
The inventory shall specify high, medium or iow priority for
each resource.
2. visual Survey of Sites.
Ail sites (commercial, residential or other) of cultural or
historical significance within the city limits will be mapped
and keyed to a Denton planning and zoning map.
3. Photography for Each Property.
A. Primary elevations and out-buildings should be recorded for
each property in black and white 35 mm film. In addition,
the most significant properties should be documented by
color slides.
B. Consultant shall use 35 mm black and white Plus-X or Tri-X
film to produce one set of negatives (in clear protective
sleeves) and three accompanying contact sheets. Kodachrome
64 should be used for all slides (2 copies of each slide
are required).
C. Consultant shall log on photographs forms so they are
properly identified and tied to the survey information.
D. Consultant shall key contact sheets and negatives to the
inventory and maps and placed in ring binders.
E. Ail photographs shall be produced in a manner consistent
with Texas Historical Commission and U.S. Department of the
Interior National Park Service guidelines.
4. Survey Report.
A. The site survey report to accompany the survey products
shall contain the following:
1) Introduction to identify survey boundaries, purpose of
survey
2) Credits
3) Overview of history of Denton and its environment
4) Recommendations for future historic designations and/or
historic districts
5) Discussion of the methodology used in the survey
6) Prioritized inventory of all pre-1945 properties
B. Consultant shall submit four copies of the report to the
City of Denton Historic Landmark Commission.
4. Other Requirements.
A. The surveyor will work with the Certified Local Government
Committee of the City of Denton Historic Landmark Commis-
sion and with the National Register Programs staff of the
Texas Historical Commission.
B. The surveyor shall attend an orientation with the Chairman
of the City of Denton Historic Landmark Commission, the
Preservation officer and the National Register Program
staff of the Texas Historical Commission prior to the
commencement of the project.
C. The surveyor will be responsible for expenses associated
directly or indirectly with the survey, including, but not
limited to travel, office, and production.
D. The surveyor will be available for interviews with the
media and interested groups and will present the survey
findings to at least one, and not more than three, meetings
of the Denton city Council.
E. No subcontracts will be approved without the expressed
written consent of the city of Denton Historic Landmark
Commission.
F. city shall pay Consultant a total of Twenty-two Thousand
Four Hundred Thirty-four Dollars ($22,434.00) for his
services. Payment will be made as follows: 10% at start of
project for purchase of supplies; 30% after completion of
field work; 30% after satisfactory review of initial draft;
PAGE 2
and 30% upon satisfactory review of completed project.
Payment shall be made within twenty (20) days of receipt of
an invoice detailing the services completed and upon City's
review that the services have been properly performed.
City shall reimburse Consultant for travel expenses based
upon actual costs evidenced with documentation, not to
exceed One Thousand Nine Hundred Sixty Dollars ($1,960.00).
G. Survey team personnel must meet criteria specified by the
Secretary of the Interior's "Standards for Professional
Qualifications".
II.
ADDITIONAL BERVICES
Consultant agrees to:
1. Maintain financial records pertaining to all matters relative
to this project in accordance with standard accounting princi-
pals and procedures.
2. Retain all records and supporting documentation applicable to
this project for a period of three years except as follows:
A. Records which are subject to audit finds shall be retained
for three years. These records and supporting documenta-
tion shall be made readily available, upon request, for
inspection or audit by representatives of the City.
B. In the event that the proposer goes out of business or
existence, it shall turn over to the City all of its
records relating to this project for retention by the City.
3. Make all records associated with this project available to the
City for examination.
4. Furnish the City at such time and in such form as the City may
require, financial statements including audited financial
statements, records, reports data and information, as the City
may request pertaining to matters covered by this project.
5. Prohibit the funds directly or indirectly under the terms of
this from being used for any partisan political activity or to
further the election or defeat of any candidate for public
office.
6. To not assign any interest and shall not transfer any interest
in the same without prior written consent of the City of Denton
Historic Landmark Commission.
7. Indemnify the City against any and all claims, demands, judg-
ments, liability or sums of money to any party accruing against
PAGE 3
the City for loss of life or injury or damage to persons or
property growing out of or resulting any negligent act or
omission of the proposer, except that the indemnity provided
for in this paragraph shall not apply to any liability result-
ing from the sole negligence of the City. In the event of
joint and concurrent negligence of both the Consultant and the
city, responsibillty and indemnity, if any, shall be appor-
tioned comparatively in accordance with the laws of the State
of Texas, and without waiving any defenses of the parties under
Texas law. The provisions of this paragraph are solely for the
benefit of the City and the successful proposer and are not
intended to create or grant any rights, contractual or other-
wise, to any other person or entity.
8. In performing services, the relationship between Consultant and
City is that of independent contractor, and Consultant shall
exercise independent judgement in performing its duties under
the contract. Consultant shall be solely responsible for
setting working hours, scheduling or prioritizing the work flow
and determining how the work is to be performed. No term or
provision of the agreement between Consultant and City shall be
construed as making Consultant the agent, servant or employee
of City, or making Consultant eligible for benefits, such as
worker's compensation.
9. Consultant's performance of the work shall comply with applica-
ble Federal, State and local laws, rules and regulations.
III.
TERM OF CONTRACT
The term of this Contract shall commence October 20, 1994, and
Consultant shall complete the services provided for herein no later
than May 1, 1995.
IV.
TERMINATION OF CONTRACT
If, through any cause, Consultant shall fail to fulfill obligations
under this contract in a timely and proper manner or if Consultant
shall violate any of the covenants, agreements, or stipulations of
this contract, the City shall immediately have the right to ter-
minate this contract by giving written notice to Consultant of such
termination and specifying the effective date thereof, at least
five days before the effective date of such termination.
The City may also terminate this contract, upon 30 days written
notice to Consultant; provided that the Consultant shall be paid
for services properly performed through the date of notice of
termination.
PAGE 4
VJ
INDEPENDENT CONTRACTOR
It is mutually understood and agreed by and between city and
Consultant that Consultant is an independent Consultant and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensa-
tion, or any other City employee benefit. Consultant shall perform
the services hereunder at the direction of and to the satisfaction
of the City Manager of the City of Denton or his designee under
this agreement.
VI.
VENUE
This agreement shall be governed by the laws of the State of Texas.
Any and all suits brought for the enforcement of breach of this
agreement shall be brought in the District court of Denton County,
State of Texas, and not elsewhere.
VII.
NOTICE
Any notice or other written instrument required or permitted to be
delivered under the terms of this Contract shall be deemed to have
been delivered, whether actually received or not, when deposited in
the United States mail, postage prepaid, registered or certified,
return receipt requested, addressed to Consultant or City, as the
case may be, at the following addresses=
CITY CONSULTANT
City of Denton, Texas Ralph E. Newlan
ATTN: City Manager 1000B Alta Vista
215 E. McKinney Austin, TX 78704
Denton, TX 76201
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested.
EXECUTED this _,~ day of ~. , 1994.
CITY OF DENTON, TEXAS
PAGE 5
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DEBRA A. DRAYOVITC}{, CITY ATTORNEY
E: \WPDOCS\K\NEi4LA#. K
PAGE 6
:-~
MENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE CITY OF DENTON AND RALPH E. NEALAN
This is Amendment No. 1 to the Agreement executed by the City of
Denton, a municipal corporation of the State of Texas, with office
at 215 E. McKinney, Denton, Texas 76201 (hereinafter referred to as
"City") and Ralph E. Newlan, P.O. Box 684824, Austin, Texas 78768
(hereinafter referred to as "Consultant") on November 22, 1994.
The terms and provisions of the original agreement between the
parties is hereby amended so that hereafter the agreement between
the parties shall be and read as follows:
I.
SCOPE OF SERVICES
Consultant agrees to perform the following services:
PHASE ONE
1. Survey all remaining pre-1945 structures in Denton, Texas.
Expected products include photo-documentation of each property,
with color slides of the most significant properties: an
expanded inventory; and recommendations for potential historic
districts, individual National register nominations and
Recorded Texas Historic Landmarks. Consultant shall conduct
the survey in compliance with Texas Historical Commission
guidelines. Inventory shall include addresses, simple archi-
tectural descriptions, ownership and historical significance.
The inventory shall specify high, medium or low priority for
each resource.
2. Visual Survey of Sites.
All sites (commercial, residential or other) of cultural or
historical significance within the city limits will be mapped
and keyed to a Denton planning and zoning map.
3. Photography for Each Property.
A. Primary elevations and out-buildings should be recorded for
each property in black and white 35 mm film. In addition,
the most significant properties should be documented by
color slides.
B. Consultant shall use 35 mm black and white Plus-X or Tri-X
film to produce one set of negatives (in clear protective
sleeves) and three accompanying contact sheets. Kodachrome
64 should be used for all slides (2 copies of each slide
are required).
C. Consultant shall log on photographs forms so they are
properly identified and tied to the survey information.
D. Consultant shall key contact sheets and negatives to the
inventory and maps and placed in ring binders.
E. All photographs shall be produced in a manner consistent
with Texas Historical Commission and U.S. Department of the
Interior National Park Service guidelines.
4. Survey Report.
A. The site survey report to accompany the survey products
shall contain the following:
1) Introduction to identify survey boundaries, purpose of
survey
2) Credits
3) Overview of history of Denton and its environment
4) Recommendations for future historic designations and/or
historic districts
5) Discussion of the methodology used in the survey
6) Prioritized inventory of all pre-1945 properties
B. Consultant shall submit four copies of the report to the
City of Denton Historic Landmark Commission.
5. Phase Two.
A. Phase Two of the Comprehensive Survey of the Historic
Resources of Denton, Texas will:
1) identify and evaluate historic districts and individual
properties eligible for federal and local designation,
2) make recommendations for the future preservation
planning to be implemented by the Denton Historic
Landmark Commission.
The total budget for this phase of work is $10,000 with
payment to be made upon the completion of each task
identified in Section 6.F. (the schedule of work). The
project will be completed by January 15, 1996 with the
option for an extension through July 31, 1996, subject to
the approval of the Certified Local Government Coordinator
with the Texas Historical Commission.
PAGE 2
8. This phase of the project will include the following tasks:
1) Undertake research on primary sources and conduct an
analysis of property types identified during the survey
phase to demonstrate their relationships with the
historic contexts and developmental patterns of Denton.
The purpose of this analysis of the preliminary survey
is to provide the necessary information to the Denton
Historic Landmark Commission in their decisions for
prioritizing proposed historic districts and individual
properties.
2) Analyze all areas of the survey area that could
possibly qualify as historic districts, both locally
and as NR districts. In particular, evaluate large
residential districts for final determination of
integrity and contributing/non-contributing status and
assessment of affect of non-historic properties on the
district's overall integrity. Prioritize these
potentially eligible districts through discussions with
the Denton Historic Landmark Commission.
3) Compile a list of individual properties (outside of
potential districts) that are potentially eligible for
local and/or federal designation. Suggest guidelines
for selecting individual properties that will provide
a diverse cross-section representing the overall
history of Denton. Prioritize these potentially
eligible properties through discussions with the Denton
Historic Landmark Commission.
4) Conduct workshops with the Denton Historic Landmark
Commission, or a sub-committee of this body, to provide
for their input and decision-making into this process.
5) Prepare a final report.
C. The final product of Phase Two of the Comprehensive Survey
of the Historic Resources of Denton, Texas will be the
preparation of a final report that will include the
following:
1) Analysis of Preliminarv Survev Results
- examination and .discussion of property types
identified in initial phase of survey;
- suggestions for a historic context describing the
unifying, thematic framework for Denton's resourc-
es for the purpose of directing subsequent re-
PAGE 3
search map of survey area indicating all high,
medium, and low priority properties.
2) Proposed Historic Districts
- statement of methodology for identification of
districts and their boundaries; and for prioritiz-
ation of districts;
- observations on individual characteristics of each
district;
- historical perspective on each proposed historic
district;
- map of proposed historic districts, outlining
boundaries and graphically indicating high, medium
and low priority sites within the districts;
- additional photographic documentation on high
priority sites located in historic districts
selected by the Denton Historic Landmark Commis-
sion;
- THC-approved site forms for high priority proper-
ties within the historic districts selected by the
Denton Historic Landmark Commission.
3) Individual High Priority Properties
- list of all high priority properties not located
within proposed districts and potentially eligible
on an individual basis;
- list of high priority properties selected by the
Denton Historic Landmark Commission for primary
consideration;
- additional photographic documentation for individ-
ual buildings selected by the Denton Historic
Landmark Commission;
- THC-approved site forms for individual buildings
of high priority selected by the Denton Historic
Landmark Commission.
PAGE 4
4) Preliminary Preservation Plan for the Historic Resourc-
es of Denton. Texas
- incorporation of goals and objectives for Denton's
historic preservation program identified by the
Denton Historic Landmark Commission and recommen-
dations for:
- prioritizing identified historic districts
- individual property nominations to the Nation-
al Register
- future survey efforts
- incentives for federal and local designation
- cooperative programs with other local entities
- design guidelines
- review of current historic zoning ordinance
- educational programs
6. Other Requirements.
A. The consultant will work with the Certified Local Govern-
ment Committee of the City of Denton Historic Landmark
Commission and with the National Register Programs staff of
the Texas Historical Commission.
B. The consultant shall attend an orientation with the
Chairman of the City of Denton Historic Landmark Commis-
sion, the Preservation Officer and the National Register
Program staff of the Texas Historical Commission prior to
the commencement of the project.
C. The consultant will be responsible for expenses associated
directly or indirectly with the survey, including, but not
limited to travel, office, and production.
D. The consultant will be available for interviews with the
media and interested groups and will present the survey
findings to at least one, and not more than three, meetings
of the Denton City Council.
E. No subcontracts will be approved without the expressed
written consent of the City of Denton Historic Landmark
Commission.
PAGE 5
At the time of this amendment, Phase One has been completed
and the compensation under the original contract has been
remitted to consultant.
F. City shall pay Consultant an additional sum totaling Ten
Thousand Dollars ($10,000.00) for his services in Phase
Two. Payment should be made in six equal installments of
One Thousand Six Hundred Sixty-Six Dollars and Sixty-Seven
Cents ($1,666.67) according to the services provided below:
Step 1. Completion Date: October 14, 1995.
Analyze survey results by assessing potential historic
districts, evaluating property types, and preparation of
map indicating high, medium, and low priority properties.
Step 2. Completion Date: November 6, 1995.
Present preliminary report to Denton Historic Landmark
Commission and gather the commission's input for next step.
Sten 3. Completion Date: December 29, 1995.
Complete survey data production and submit report to Denton
Historic Landmark Commission.
Step 4. Completion Date: January 8, 1996.
Present Preliminary Report to Denton Landmark Commission
and conduct workshop for the purpose of setting priorities
for potential historic districts and individual properties,
as well as identifying goals and objectives for Denton's
preservation program.
Step 5. Completion Date: April 8, 1996.
Incorporate goals and objectives and complete additional
documentation on individual properties and historic
districts identified by Denton Landmark Commission.
Step 6. Completion Date: June 15, 1996.
Submit final report.
G. Survey team personnel must meet criteria specified by the
Secretary of the Interior's "Standards for Professional
Qualifications."
PAGE 6
II.
ADDITIONAL SERVICES
Consultant agrees to:
1. Maintain financial records pertaining to all matters relative
to this project in accordance with standard accounting princi-
pals and procedures.
2. Retain all records and supporting documentation applicable to
this project for a period of three years except as follows:
A. Records which are subject to audit finds shall be retained
for three years. These records and supporting documenta-
tion shall be made readily available, upon request, for
inspection or audit by representatives of the City.
B. In the event that the proposer goes out of business or
existence, it shall turn over to the City all of its
records relating to this project for retention by the City.
3. Make all records associated with this project available to the
City for examination.
4. Furnish the City at such time and in such form as the City may
require, financial statements including audited financial
statements, records, reports data and information, as the City
may request pertaining to matters covered by this project.
5. Prohibit the funds directly or indirectly under the terms of
this from being used for any partisan political activity or to
further the election or defeat of any candidate for public
office.
6. To not assign any interest and shall not transfer any interest
in the same without prior written consent of the City of Denton
Historic Landmark Commission.
7. Indemnify the City against any and all claims, demands, judg-
ments, liability or sums of money to any party accruing against
the City for loss of life or injury or damage to persons or
property growing out of or resulting any negligent act or
omission of the proposer, except that the indemnity provided
for in this paragraph shall not apply to any liability result-
ing from the sole negligence of the City. in the event of
joint and concurrent negligence of both the Consultant and the
City, responsibility and indemnity, if any, shall be appor-
tioned comparatively in accordance with the laws of the State
of Texas, and without waiving any defenses of the parties under
Texas law. The provisions of this paragraph are solely for the
PAGE 7
benefit of the City aad the successful proposer and are not
intended to create or grant any rights, contractual or other-
wise, to any other person or entity.
8. In performing services, the relationship between Consultant and
City is that of independent contractor, and Consultant shall
exercise independent judgement in performing its duties under
the contract. Consultant shall be solely responsible for
setting working hours, scheduling or prioritizing the work flow
and determining how the work is to be performed. No term or
provision of the agreement between Consultant and City shall be
construed as making Consultant the agent, servant or employee
of City, or making Consultant eligible for benefits, such as
worker's compensation.
9. Consultant's performance of the work shall comply with applica-
ble Federal, State and local laws, rules and regulations.
III.
TERM OF CONTRACT
The term of this Contract shall commence October 20, 1994, and
Consultant shall complete the services provided for herein no later
than June 15, 1996.
IV.
TERMINATION OF CONTRACT
If, through any cause, Consultant shall fail to fulfill obligations
under this contract in a timely and proper manner or if Consultant
shall violate any of the covenants, agreements, or stipulations of
this contract, the City shall immediately have the right to ter-
minate this contract by giving written notice to Consultant of such
termination and specifying the effective date thereof, at least
five days before the effective date of such termination.
The City may also terminate this contract, upon 30 days written
notice to Consultant; provided that the Consultant shall be paid
for services properly performed through the date of notice of
termination.
V.
CONTRACTOR
It is mutually understood and agreed by and between City and
Consultant that Consultant is an independent Consultant and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensa-
tion, or any other City employee benefit. Consultant shall perform
PAGE 8
the services hereunder at the direction of and to the satisfaction
of the City Manager of the City of Denton or his designee under
this agreement.
VI.
pENUE
This agreement shall be governed by the laws of the State of Texas.
Any and all suits brought for the enforcement of breach of this
agreement shall be brought in the District court of Denton County,
State of Texas, and not elsewhere.
viz.
NOTICE
Any notice or other written instrument required or permitted to be
delivered under the terms of this Contract shall be deemed to have
been delivered, whether actually received or not, when deposited in
the United States mail, postage prepaid, registered or certified,
return receipt requested, addressed to Consultant or City, as the
case may be, at the following addresses:
CITY CONSULTANT
City of Denton, Texas Ralph E. Newlan
ATTN: City Manager P. O. Box 684824
215 E. McKinney Austin, TX 78768
Denton, TX 76201
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested.
EXECUTED this ~ day of N~l/WYI~WUrr 1995.
CITY OF DENTON, TEXAS
OYD V. ELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PAGE 9
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTOR/N~EY
RAL E. NEWLAN
B:\NENLAN.K
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