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1984-126NO ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AN AGREEMENT FOR PROJECT CONSTRUCTION MANAGER FOR THE RENOVATION PROJECTS OF THE MUNICIPAL BUILDING, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Council of the City of Denton is desirous of renovating portions of the Municipal Building , and WHEREAS, the City of Denton wishes to retain the services of Jerry Frederick as a contractor for project construction manager to complete the renovation work, 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, TEXAS HEREBY ORDAINS SECTION I That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between Jerry Frederick, as a contractor for project construction manager, and the City of Denton, providing for renovation work to a portion of the Municipal Building under the terms and conditions being 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 2nd day of October, 1984 1 /RICWD 0 TEWAR , MAYOR CIT OF DE TON, TEXAS ATTEST CHARLOTTE ALLEN, IT AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY vim, INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § 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 Jerry Frederick, hereinafter called Contractor, hereby mutually agree as follows 1 SERVICES TO BE PERFORMED City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services To serve as Project Construction Manager for Municipal Building renovation projects as follows A Preparation of all necessary bid documents, B Evaluation and recommendations on all bids received, C Management and supervision of all work crews and subcontractors, D Scheduling of all project activities, E Keeping complete and detailed records and accounts for financial management of the project, F Development of a critical path schedule for demolition and construction, G Other duties relating to management of the project as assigned by the City Manager or his designee 2 COMPENSATION TO BE PAID CONTRACTOR City agrees to pay Contractor for the services performed hereunder as follows A Six Hundred Dollars ($600 00) per forty hour week not to exceed a total sum of Twenty-two Thousand and No/100 Dollars ($22,000 00), B An additional One Hundred Twenty-Five Dollars ($125 00) per forty hour week as compensation for use of contractor's private vehicle, C Said compensation to be paid weekly within three (3) working days of submission of an invoice by Contractor 3 SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor 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 PAGE 1 leave benefits, worker's compensation, or any other City employee benefit The City shall have supervision and control of Contractor and any employee of Contractor, and it is expressly understood that Contractor 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 Contractor 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 5 INSURANCE Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business 6 CANCELLATION City or Contractor reserves the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel this Agreement 7 TERM OF CONTRACT This Agreement shall commence on the 2nd day of October, 1984, and end upon the completion of the project or the 31st day of May, 1985, whichever occurs earlier EXECUTED this 2nd day of October, 1984 CITY OF DENTON, TEXAS r 0 , MAYOR ATTEST CHARLOTTE ALLEN, UITYTARY APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY BY JERRY FREDERICK, CONTRACTOR • F EDE KICK PAGE 2