1985-2051196L
NO 8S-0a067-
AN ORDINANCE APPROVING A CONTRACT
C L LITTLEFIELD FOR PROFESSIONAL
MANAGEMENT EVALUATION STUDY FOR TH
OF DENTON, TEXAS, AUTHORIZING THE
APPROVING THE EXPENDITURE OF FUNDS
EFFECTIVE DATE
BETWEEN THE CITY OF DENTON AND
CONSULTING SERVICES REGARDING A
3 UTILITY DEPARTMENT OF THE CITY
MAYOR TO EXECUTE THE CONTRACT,
THEREFORE, AND PROVIDING FOR AN
WHEREAS, the City of Denton desires to undertake a Utility
Management Evaluation Study for the Utility department of the City
of Denton, Texas, and
WHEREAS, the City desires to obtain professional consulting
services in connection with such study, and
WHEREAS, C L Littlefield is qualified and capable of
performing the services desired by the City, is acceptable to the
City, and is willing to enter into an Agreement with the City to
perform such services, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the contract between the City of Denton, Texas and C L
Littlefield, attached hereto and made a part hereof, for profes-
sional consulting services in connection with the preparation of a
Management Evaluation Study for the Utility Department of the City
of Denton is hereby approved and the Mayor is hereby authorized to
execute the contract on behalf of the City
SECTION
That the expenditure of funds in the amount of Eighteen
Thousand Dollars ($18,000 00) for compensation and a sum not to
exceed Two Thousand Dollars ($2,000 00) for actual expenses is
hereby approved
SECTION III
That this ordinance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this day of ~t i , 1985
ATTEST
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
i
C ARD O 'TE AR gMMAYO;R;~~
TT OF DE TON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY ki~ ZV~ Lblz
THE STATE OF TEXAS S
COUNTY OF DENTON §
AGREEMENT BETWEEN THE CITY OF
DENTON AND C L LITTLEFIELD
The City of Denton, Texas, a home rule municipal corporation,
hereafter called "CITY", acting herein by and through its Acting
City Manager and C L Littlefield, hereafter called "CONSULTANT",
hereby mutually agree as follows
I
SCOPE OF SERVICES
CITY agrees to employ consultant for the purpose of
coordinating a management study of City's Utility System and its
support service groups which shall be conducted in the following
manner
1 CONSULTANT shall work with the Public Utilities Board
and the City's administrative staff in planning the scope of the
management evaluation
2 CONSULTANT shall conduct and be responsible for the
implementation of the evaluation by performing the following
services
(a) Aid the Public Utilities Board in the selection of
specialized management consultants to undertake
specialized aspects of the evaluation
(b) Consult with staff regarding administrative
processes as carried out including organization,
planning, policy formulation and use, performance,
measurement and control, employee relations, finan-
cial administration, interdepartmental relations,
staff, Board and Council relations and community
relations
(c) Determine, with staff and Board, areas that offer
potential for improvement and prioritize these
areas in terms of time and attention
(d) Devise study approaches tnat utilize both inside
talent (Board, staff, other departmental
personnel, Coordinator) and outside specialists,
and implement those that are possible for the
current fiscal year
3 CONSULTANT shall compile a draft comprehensive report of
all separate management studies by June 15, 1986, with final
report due July 15, 1986
II
PAYMENT
CITY agrees to pay CONSULTANT for the services performed here-
under as follows
(a) The sum of Eighteen Thousand Dollars ($18,000 00) pay-
able in monthly installments of Three Thousand Dollars
($3,000 00) per month, commencing November, 1985
(b) A sum not to exceed Two Thousand Dollars ($2,000 00)
for out-of-pocket expenses which shall be submitted
monthly Such out-of-pocket expenses include, but
are not limited to, travel, long distance telephone
charges and printing expenses Said expenses shall
be submitted on a monthly basis
(c) Payments shall be made for services in subsection (a)
no later than the 5th day of the month following and
shall be paid no later than 15 days after submission
of expenses provided for in subsection (b)
III
TERM
The term of this Agreement shall commence upon October 15,
1985 CONSULTANT shall complete his services provided hereunder
within nine months from the date of execution of this Agreement
PAGE 2
IV
TERMINATION
CITY may terminate this Agreement upon 30 days written notice
to CONSULTANT In the event of termination, CITY shall pay
CONSULTANT for full services rendered and expenses incurred to
date of termination and CITY shall receive all completed work to
the date of termination and any work in progress shall also be
delivered to CITY
V
MODIFICATIONS
The provisions of this Agreement constitute the entire Agree-
ment between the parties and supercede all prior communications
and agreements, oral or written, between the parties hereto with
regard to the subject of this contract
VI
SUPERVISION AND CONTROL BY CITY
It is mutually understood and agreed by and between CITY and
CONSULTANT that CONSULTANT 1s an independent CONSULTANT and shall
not be deemed to be 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 compen-
sation, or any other CITY employee benefit The CITY shall not
have supervision and control of CONSULTANT and any employee of
CONSULTANT, and it is expressly understood that CONSULTANT shall
perform the services hereunder at the direction of and to the
PAGE 3
satisfaction of the City Manager of the City of Denton or his
designee under this Agreement
VII
OTHER CONSULTANTS
It is hereby understood that CITY shall enter into agreements
with other individuals, firms or corporations to assist in the
performance of the services provided for herein Such
individuals, firms or corporations shall perform services under
the direction of CONSULTANT and said services shall be coordinated
wltn CONSULTANT
VIII
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
purposes in the Budget of the City of Denton
IX
CONFIDENTIAL WORK
No reports, information, project evaluation, or any other
documentation developed by, given to, prepared by or assembled by
CONSULTANT under this Agreement that contains confidential infor-
mation belonging to CITY shall be disclosed or made available to
any individual or organization by CONSULTANT without the express
prior written approval of the CITY
PAGE 4
X
OWNERSHIP OF DOCUMENTS
Upon acceptance or approval by CITY, all reports, data and
other documents given to, prepared or assembled under this Agree-
ment by CONSULTANT, and any other related documents or items shall
become the sole property of CITY and shall be delivered to CITY
XI
INDEMNITY
To the extent allowed by the law of the State of Texas, CON-
SULTANT shall defend, indemnify, and hold CITY whole and harmless
against any and all claims for damages, costs, and expenses to
persons or property that may arise out of, or be occasioned by or
from any negligent act, error or omission of CONSULTANT or any
agent, servant, or employee of CONSULTANT in the execution or
performance of this Agreement
XII
RIGHT OF REVIEW
CITY may review any and all of the services performed by
CONSULTANT under this Agreement
XIII
INSURANCE
CONSULTANT shall provide, at his 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
PAGE 5
XIV
SERVICES & SUPPLIES TO BE FURNISHED BY CITY
City agrees to furnish to Contractor the following services
(a) Typing support through the Word Processing Department
and minimal staff assistance to assemble the final
document required herein
XV
ASSIGNMENT
This Agreement shall not be assignable in whole or in part
without the written consent of the other party
XVI
VENUE
Venue and jurisdiction of any suit, right or cause of action
arising under or in connection with this Agreement shall be
exclusively in Denton County, Texas
XVII
NOTICE
Any notice given by one party to the other in connection with
this Agreement shall be in writing and shall be sent by registered
mail, return receipt requested, with postage and registration fees
prepaid
CITY
Rick Svehla
Acting City manager
215 East McKinney
Denton, Texas 76201
CONSULTANT
C L Littlefield
2703 Brookfield
Denton, Texas 76201
PAGE 6
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt
Executed this the _„Z day of DQTr~t3t~ , 1985
CITY OF D1hN , TEXAS
BY /I e-' e
ICK SVEHLA, ACTING CITY
MANAGER
ATTET
2YWAVZ2 CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
O
BY
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ILI 2~
AZ
CONSULTANT
BY cz;f-sg!
C L LIPTLE LD
That is hereby designated as the
person to administer the provisions of this agreement
zJ ~ 5 ,
DATE CK SVE A, ACTING CITY
MANAGER
PAGE 7
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