1992-192e Johnw~t ord
ORDINANCE NO. ~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND JOHN WEST FOR SERVICES IN ASSISTING CITY TO
RESEARCH AND PREPARE A REVISED SET OF LOCAL RULES FOR CITY'S CIVIL
SERVICE COMMISSION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an agree-
ment between the City of Denton and John West for services in
assisting City to research and prepare a revised set of Local Rules
for city's civil Service Commission, a copy of which KS attached
hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the ex-
penditure of funds not to exceed Fifteen Thousand and No/100
Dollars ($15,000.00) for the services required pursuant to the
Agreement
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the' day of 1992
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPRO~VED AS<O LEGAL FOL:
DEBRA A. ~%3X~AI-~CITY ATTORNEY
CONSULTING SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND JOHN NEST
The CITY OF DENTON, TEXAS, a municipal Home Rule City situated
in Denton County, Texas, hereinafter called "CITY" acting herein by
and through its City Manager, together with John West, hereinafter
called "ATTORNEY", hereby mutually agree as follows
I.
GOALS /%ND OBJECTIVES
CITY desires to contract with ATTORNEY for services in
assisting CITY to research and prepare a revised set of local rules
for CITY's Civll Service Commission.
II.
ATTORNEYtS SERVICES
ATTORNEY shall render services necessary for the development
of the project as outlined in the attached list of tasks, attached
to this contract as Exhibit A and incorporated as if fully set
forth herein ATTORNEY shall exercise the same degree of care,
skill and diligence in the performance of these tasks as is
ordinarily provided by an attorney at law knowledgeable in the
field of Chapter 143 of the Texas Local Government Code, and
practicing in this geographic area, and ATTORNEY shall, at no cost
to CITY, "re-perform" services which fall to satisfy the foregoing
standard of performance. In addition to the duties enumerated
below, ATTORNEY agrees to assist CITY personnel as may be required
and as time permits on employment outside of the tasks enumerated
wlthln Exhibit A.
III.
TERM OF AGREEMENT
CITY and ATTORNEY recognize that performance has already
commenced pursuant to an informal agreement. ATTORNEY shall
continue rendering these services as set out in this written
agreement. This agreement will continue to be in effect until all
tasks enumerated in Exhibit A have been completed
IV.
COMPENSATION TO BE PAID ATTORNEY
CITY agrees to pay ATTORNEY for the services performed
hereunder as follows.
A. Amoul~t of payment for services
ATTORNEY will charge the CITY on the basis of actual
professional time spent Payment for services will be
based upon the rate of One Hundred Twenty-Five Dollars
($125 00) per hour, with the total project expenditure
not to exceed Fifteen Thousand Dollars ($15,000.00)
Should CITY require additional services of ATTORNEY
beyond this limit, a new contract shall be executed
B. Reimbursement of Expenses.
ATTORNEY's necessary expenses shall be reimbursed by
CITY, provided that they are approved in advance by CITY.
C. Dates of Payment:
CITY will pay ATTORNEY within twenty (20) days of receipt
of each monthly invoice from ATTORNEY.
V.
SUPERVISION AND CONTROL BY CITY
It ls mutually understood and agreed by and between CITY and
ATTORNEY that ATTORNEY is an independent contractor and shall not
be deemed to b~ 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 compensation, or
any other City employee benefit CITY shall not have supervision
and control of ATTORNEY or any employee of ATTORNEY, and it is
expressly understood that ATTORNEY shall perform the services
hereunder at the general direction of CITY
VI.
SOURCE OF FUNDS
Ail payments to ATTORNEY under this agreement are to be paid
by the CITY from funds appropriated by the City Council for such
purposes in the Budget of the City of Denton
VII.
INSURANCE
ATTORNEY shall provide, at his own cost and expense, any and
all insurance necessary to protect ATTORNEY in the operation of his
business.
VIII.
CHOICE OF LAW AND VENUE
Thls agreement shall be governed by law of the State of Texas,
and venue for its construction and enforcement shall lie in the
courts of Denton County, Texas.
PAGE 2
IX.
CANCELLATION
CITY and ATTORNEY each reserve the right to cancel this
Agreement at any time by giving the other party fourteen (14) days
written notice of their intention to cancel If the Agreement IS
canceled before completion, the CITY agrees to compensate ATTORNEY
for services provided and expenses incurred prior to notice of
cancellation.
X.
SEVERABILITY CLAUSE
If any section, subsection, paragraph, sentence, clause,
phrase or word in this Agreement, or application thereof to any
person or circumstance is held invalid by any court of competent
Jurisdiction, such holding shall not affect the validity of the
remaining portions of th~s agreement, and the parties hereby
declare they would have enacted such remaining portions despite any
such ~nvalld~ty. ~ ~
EXECUTED this the day of , 1992.
CITY OF DENTON, TEXAS
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
~ PAGE 3
john~est k
PAGE 4
TASKS TO BE PERFORMED WITH REGARD TO
CITY OF DENTON CIVIL SERVICE RULES
I. Prepare and transmit requests for Civil Service
Rules of selected cities.
II. Conduct question analysis and research to
formulate answers to two priority questions
III. Review City's current Civil Service Rules to
ensure that there are not any obvious/serious
errors contained therein.
IV. Detailed review of City's rules to determine
current status, identify outdated materials,
redundancies, etc.
v. Review sample rules from other cities to find
better/preferred/sample language and approaches to
Civil Service; develop new approaches to Civil
Service.
VI. Conduct necessary research on any and/or all the
above listed tasks, as needed.
VII. Prepare preliminary draft of rules.
VIII. Refine draft and transmit to City.
IX. Meet with City Officials to review refined draft
of rules.
X. Incorporate changes as suggested by City
Officials; preform necessary research, redrafting
and restructuring to produce semi-final draft.
XI. Resubmission to City of semi-final draft.
XII. Incorporation of additional revisions, if and as
needed.
XIII. Transmission of final draft to C~ty.
XIV. Submission of new Civil Service Rules to Civil
Service Commission.
XV. Civil Service Commission consideration of new
rules.
XVI. Incorporation of changes to rules as directed
by the City of Denton Civil Service Commission.
XVII Final and formal adoption of Civil Service Rules
by Civil Service Commission.
XVIII. Follow-up and consultation, as needed and
required.