1992-193d~ ~ff]t ~
ORDINANCE NO. ~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN
THE CITY OF DENTON AND DAVID M. GRIFFITH & ASSOCIATES, LTD. RELAT-
ING TO SERVICES TO PERFORM A GENERAL MANAGEMENT SURVEY AND STUDY OF
CITY'S FLEET SERVICES DEPARTMENT'S MOTOR POOL AND GARAGE DIVISIONS,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the Mayor is authorized to execute a contract
between the city of Denton and David M Grlfflth & Associates, LTD
relating to services to perform a General Management Survey and
Study of City's Fleet Services Department's Motor Pool and Garage
Divisions under the terms and conditions contaIned w~thln said Con-
tract, a copy of which is attached hereto and made a part hereof
SECTION II. That the City Council hereby authorizes the ex-
penditure of funds not to exceed Twenty Four Thousand and No/100
Dollars ($24,000) for the services required pursuant to the Con-
tract
S~CTION I£I. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the3Jday of ~ 1992
BOB CASTLEBERRY, MAYOy ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
CONSULTING SERVICES CONTRACT BETWEEN
CITY OF DENTON AND DAVID M. ~RIFFITH & ASSOCIATES, LTD.
The CITY OF DENTON, TEXAS, a Home Rule Municipality sltuated in
Denton County, Texas, hereinafter called "CITY", actlng herein by
and through its City ~ana~ar, tomet~wlth DAVID M GRIFFITH &
ASSOCIATES, LTD., a C~~~r~_t~=r~hi~, hereinafter called
"CONSULTANT", hereby mutually agree as follows'
I. GOALS AND OBJECTIVES
CITY desires to contract with CONSULTANT for services to perform a
General Management Survey and Study of City's Fleet Services
Department's Motor Pool and Garage Divisions.
The CONSULTANT wlll conduct a thorough review of all key aspects of
the City's fleet programs and develop a detailed plan which will
specify improvements in vehicular-related support operations with
particular emphasis on alternative organizations and service
delivery enhancements.
The end product of this Survey and Study will be two comprehensive
oral presentations; a management report detailing findings and re-
commendations in both draft and final form; and detailed action
plans CONSULTANT will provide implementation assistance as re-
quested, once recommendations are adopted.
II CONSULTANT'S SERVICES
CONSULTANT shall render services necessary for the preparation of
the Survey/Study as outlined herein. The Scope of Work which
CONSULTANT agrees to perform is set forth in CITY's Request for
Proposals (which is Incorporated herein and made a part hereof for
all purposes) and the letter of September 14, 1992 to Tom Shaw from
Stephen W. Burnett, which is attached hereto and made a part hereof
for all purposes. The personnel to be utilized in performing the
services under this Contract are also set forth in the September
14, 1992 letter
III TERM OF AGREEMENT
CONSULTANT shall commence rendering services as arranged by City.
This agreement will continue to be in effect until all terms of the
agreement have been satisfied
IV. COMPENSATION TO BE PAID CONSULTANT
CITY agrees to pay CONSULTANT for the services performed hereunder
as follows:
A. Amount of compensation:
CONSULTANT will charge CITY a set fee of $20,500 for the
Survey and Study plus estimated travel expenses at
$3,500
B. Reimbursement of Travel Expenses:
CONSULTANT will charge travel expenses at actual cost,
and shall provide an itemized listing with receipts.
CONSULTANT will use best efforts to make travel arrange-
ments on an economy basis. Travel expenses include
alrfare, car rental, hotel, and travel meals, but do not
include additional hourly charges
C. Total compensation and expenses payable to CONSULTANT
shall not exceed $24,000.
D. Dates of payment:
CITY will pay CONSULTANT 50% of the set fee within thirty
(30) days of the commencement of the Survey and Study and
the remaining 50% to be paid within fifteen (15) days of
the completion of the services provided for herein and
receipt of invoice from CONSULTANT
V. SUPERVISION AND CONTROL BY CITY
It is mutually understood and agreed by and between CITY and
CONSULTANT that CONSULTANT is an independent contractor and as
such, employees shall not be deemed to be or considered an employee
of the Clty of Denton, Texas, for the purpose of income tax with-
holding, 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 CONSULTANT or any employ-
ee of CONSULTANT and it is expressly understood that CONSULTANT
shall perform the services hereunder according to the terms of this
agreement at the direction of the City Manager of the CITY OF
DENTON or his designee under this agreement.
VI SOURCE OF FUNDS
All payments to CONSULTANT under this agreement are to be paid by
the CITY from funds appropriated by the City Council for such pur-
poses in the Budget of the City of Denton
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VII INSURANCE
CONSULTANT shall provide, at its own cost and expense, worker's
compensation insurance, liability insurance, and all other
insurance necessary to protect CONSULTANT in the operation of
CONSULTANT's business.
VIII. INDEMNIFICATION
CONSULTANT shall, and does hereby agree to indemnify and hold harm-
less the CITY OF DENTON from any and all damages, loss or liability
of any kind whatsoever, by reason of injury to property or third
persons to the extent directly and proximately caused by the error,
omission or negligent act of CONSULTANT, its officers, agents, em-
ployees, lnvltees, and other persons for whom it is legally liable,
in the course of the performance of this agreement, and will, at
its cost and expense, defend and protect the CITY OF DENTON against
any and all such claims and demands.
IX. WHOLE CONTRACT
Thls Agreement represents the entire and integrated agreement be-
tween City and Consultant, and supersedes all prior negotiations,
representations or agreements, either written or oral This Agree-
ment may be amended only by written instrument executed by the
signatories hereto.
X. RIGHTS OF THIRD PARTIES
Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party
against either CITY or CONSULTANT
XI. CHOICE OF LAW AND VENUE
This agreement shall be governed by the law of the State of Texas,
and venue for its construction and enforcement shall lie in the
courts of Denton County, Texas
XII CANCELLATION
CITY and CONSULTANT each reserve the right to cancel this agreement
at any time by giving the other party fourteen (14) days written
notice of its Intention to cancel If the agreement is canceled
before completion, the CITY agrees to compensate CONSULTANT for
services provided and expenses incurred prior to notice of can-
cellatlon.
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XI SEVERABILITY
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 Jurisdic-
tion, such holding shall not affect the validity of the remaining
portions of this agreement, and the parties hereby declare they
would have enacted such remaining portion despite any such
Invalidity.
Executed this the~day of~ 1992
CITY OF DENTON, TEXAS
~LOY~ 9 HARRE~L, CITY/MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
£
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
DAVID M GRIFFITH & ASSOCIATES, LTD.
TITLE
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