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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