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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.