Loading...
1985-125799L NO _gf~ AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND WADE MISER, PROVIDING INSPECTION FUNCTIONS FOR THE PUBLIC WORKS DEPARTMENT AND PROVIDING AN EFFECTIVE DATE WHEREAS, it is in the best interests of the City of Denton to retain the services of Wade Miser to perform inspection functions for the Public Works Department, 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 City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton, and Wade Miser, to perform inspection functions for the Public Works Department under the terms and conditions contained in said agreements which are attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval tA- PASSED AND APPROVED this the day of 1985 CITY OF DENTON, EXAS ATTEST CMLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY 799L INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON AND WADE MISER COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, herein- after called "City", acting herein by and through its City Manager, and Wade Miser, of the City of Denton and County of Denton, herein- after 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 Consultant will perform inspection functions of the City as assigned to him, reporting to the City Engineer who will coordinate the work assignments B Consultant will furnish his own transportation while performing assigned inspections Reimbursement for use of Consultant's vehicle shall be included in the hourly wage 2 COMPENSATION TO BE PAID CONSULTANT City agrees to pay Consultant or the services per orme ereunder as follows A Amount of Payment for Services One Hundred Five Dollars ($105 00) per day Agreement not to exceed Two Thousand Eight Hundred and Fifty and no/100 ($2,850 00) Dollars B Dates of Payments Consultant shall be paid at regular two-week intervals Consultant shall maintain a log of actual hours worked for submission to the City Engineer for each pay period 3 SUPERVISION AND CONTROL BY CITY It is mutually understood and agree by an between City an Consultant that Consultant is an independent Consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas for the pur- poses of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit The City shall have supervision and control 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 special funds appropriated by 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 wor en s compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business 6 CANCELLATION City reserves the right to cancel this Agreement at any time by giving Consultant thirty (30) days written notice of its intention to cancel this Agreement 7 TERM OF CONTRACT This Agreement shall commence on June 24, 198 an term nate at the end of six weeks 8 EXTENSION OF TERM This Agreement may be extended for a period not to excee one (1) year upon the written consent of the parties hereto 9 MODIFICATION This writing constitutes the entire Agree- ment o the parties No modifications, changes or amendments hereto shall be effective unless in a writing executed by the City and Consultant EXECUTED the this RO day of , 1985 CITY OF DENTON, TEXAS " BY WER ATTEST CHARLOTTE r N~ CITYsEGRETAKY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY CONSULTANT BY WADE IS That Jerry Clark, is administer the provision of hereby designated as the person to this A,g~eemrnrn~ /