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1985-1571112L NO AN ORDINANCE AUTHORIZING AN AGREEMENT WITH HARRY WEISBROD ASSOCIATES, INC RELATING TO CONSULTING SERVICES REGARDING IMPLEMENTATION OF FAIR LABOR STANDARDS ACT AND DECLARING AN hNFECTIVE DATE WHEREAS, it is in the best interest of the City of Denton to determine exempt and non-exempt status of all city positions and to ensure compliance with the Fair Labor Standards Act, and WHEREAS, Section 2 36(f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000, and WHEREAS, Section 2 09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the City of Denton, and Harry Weisbrod Associates, Inc , providing for professional services relating to the determination of exempt and non-exempt City positions, recommendation of policies and recordkeeping methods and the recommendaton of actions to comply with the Fair Labor Standards Act under the terms and conditions contained in said agreement which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1985 I D STE 0 T, MATeKj CITY OF NTON, TEXAS ATTEST. I ya/1/ CIUULOTTE% ALLEN, SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY A602C1 7 LU SGl ~~/_*6 THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON AND HARRY WEISBROD ASSOCIATES, INC KNOW ALL MEN BY THESE PRESENTS 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 and Harry Weisbrod Associates, Inc , hereinafter called "Consultant", hereby mutually agree as follows 1 SERVICES TO BE PERFORMED City hereby retains Consultant to perform the hereinafter designated services and Consultant agrees to perform the following services A Determine exempt/non-exempt status of all City positions B Recommend policies and recordkeeping methods C Recommend actions to comply with the Fair Labor Standards Act 2 COMPENSATION TO BE PAID CONSULTANT City agrees to pay Consultant for the services performed hereunder as follows A Seven Hundred Dollars ($700 00) per day, plus reimbursement for mileage expenses from Dallas to Denton, with total payment not to exceed Five Thousand Dollars ($5,000 00) Payment will be made upon completion of the services and after Consultant has submitted a statement 3 SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between City and Consultant that Consultant is an independent Consultant and shall not be deemed to be or con- sidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker'compensation, or any other City npt ~vf employee benefit The City 8M11, 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 satisfaction of the City Manager of the City of Denton or his designee under this agreement 4 SOURCE OF FUNDS All payments to Consultant under this agreement are to be paid by the City from funds appropriated by PAGE 1 the City Council for such purposes in the Budget of the City of Denton 5 INSURANCE Consultant shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business 6 TERMINATION This contract may be terminated, or the scope of work hereunder may be modified by City at any time without penalty, provided the Consultant will be entitled to compensation for work completed prior to such termination r~ , EXECUTED this day of 1985 CITY OF DENTON, TEXAS i STE ATTEST T ALLEN, RETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY "ha a a&W &lYl CQ HARRY WEISBROD ASSOCIATES, INC , CONSULTANT Wd"f`7 BY 401111) PAGE 2 i i i i r I r i t i I ~ ± F I ' I