1991-136e mclain o
ORDINANCE NO I" ,
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF DENTON AND J ROBERT MCLAIN RELATING TO
CONSULTING SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager 1s authorized to execute the
attached agreement between the City of Denton and J Robert McClain
relating to consulting services for a Rate Study
SECTION II That the City Council hereby authorizes the
expenditure of funds as set forth in the agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and approXa1
PASSED AND APPROVED this the 3 day of 1991
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPRO ED AS O LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
e wpdocs\69109
CONSULTING SERVICES CONTRACT BETWEEN
THE CITY OF DENTON AND J ROBERT MCLAIN
This Agreement is made between the CITY OF DENTON (City), a
municipal corporation located in Denton County, Texas, and J ROBERT
MCLAIN, (Consultant) as follows
I
CONSULTANT'S SERVICES
A Consultant shall provide the following services to City
1 Project water and wastewater revenue requirements for a
five-year planning period, using the proposed 1992 budget as
the base-year (0), and estimate revenues required from all
revenue sources for the five-year planning period
2 Use the base-extra capacity allocation process to evaluate the
existing water and wastewater rate structure(s) in terms of
adequate and equitable revenue recovery from the proper
sources
3 Once inequities have been defined, develop fair and equitable
rate structure(s) which produce sufficient revenues to meet
the City's current and future needs and which will recover
proportionately and equitably the costs of services from each
customer class, including wholesale customers
4 If requested, present findings to the Public Utilities Board
and the City Council
5 If requested, represent the City in proceedings before any
other interested parties
6 Develop a procedures manual for the City's internal use
containing recommendations for future internal annual rate
studies
B The Consultant's services will be provided in accordance the
Workplan, attached as Attachment A and incorporated in this
Contract by reference
C The Consultant shall exercise the same degree of care, skill and
diligence in the performance of these services as is ordinarily
provided by a professional consultant under similar circum-
stances
II
COMPENSATION TO BE PAID CONSULTANT
A The City agrees to pay the Consultant for the services performed
at an hourly rate of $40 00 per hour, but the Consultant shall
not be paid more than Fourteen Thousand Dollars ($14,000 00) for
all services required to be provided under this Agreement
regardless of the number of hours required to provide those
services
B The Consultant shall bill the City twice a month for the hours
worked to the date of billing and the City shall pay each billing
within thirty days of receipt of an undisputed bill
III
TERM OF AI
This Agreement shall begin on the date of execution and shall
continue until all services have been performed and payments made
IV
CONSULTANT IS INDEPENDENT CONTRACTOR
The Consultant is an independent contractor and shall not be
deemed to be or considered an employee of the City for the purposes
of income tax, withholding, social security taxes, vacation or sick
leave benefits, workers' compensation, or any other City employee
benefit Consultant shall perform the services to the satisfaction
of the City Manager or his designee
V
INDEMNIFICATION
The Consultant shall indemnify and hold harmless the City 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
the Consultant, its officers, agents, employees, and invitees in the
performance of this Agreement, and the Consultant will, at its cost
and expense, defend and protect the City against any and all such
claims and demands
VI
CHOICE OF LAW AND VENUE
This 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
VII
CANCELLATION
City reserves the right to cancel this contract at any time upon
fourteen (14) days prior notice, but Consultant shall be paid for
all services provided up tp the date of cancellation
EXECUTED this the day of OdTld y'S, 1991
CITY OF DENTON, TEXAS
L OY V HA 'ELL, TY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
-VoAll /j
BY
APPR D AS TO LEGAL FORM
DEBRA DRAYOVITCH, CITY ATTORNEY
BY
J ROBERT MCLAIN, CONSULTANT
BY 1~ L J, f -J
PAGE 3