2005-318
ORDINANCE NO. 2 tJ05"-.31 ~
AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DENTON AND ROLAND JONES FOR JUVENILE CASE MANAGEMENT
SERVICES IN THE DENTON MUNICIPAL COURT; AUTHORIZING THE EXPENDITURE
OF FUNDS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Council of the City of Denton hereby approves a Professional
Services Agreement between the City of Denton and Roland Jones for Juvenile Case
Management Services in the Denton Municipal Court, a copy of which is attached hereto and
incorporated by reference herein, and the City Manager is hereby authorized to execute said
Agreement on behalf of the City.
SECTION 2. The City Manager is authorized to cxpend funds as set forth in the
Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / fbift day of t2eto~
,2005.
c!~ ~~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEG
EDWIN M. S , CITY
ORM:
TORNEY
S:\Our Documcm.s\Ordinanccs\Os\juv c'-'c mgml tOlllracl.doc
S:'OurDocU"'Clll>'COnlraCIS',05'juvcui1ec..cma"agcOlClllscrv;ccs.du<
PROFESSIONAL SERVICES AGREEMENT
FOR JUVENILE CASE MANAGEMENT SERVICES
IN THE DENTON MUNICIPAL COURT
STATE OF TEXAS ~
COUNTY OF DENTON ~
TflIS AGREEMENT is made and entered into as of the /eflt day of
(j~U , 2005, by and between thc City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called "City" and Roland Jones, hereinafter called "Consultant," acting
herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
EMPLOYMENT OF CONSULTANT
City hereby contracts with Consultant, as an independent contractor, and Consultant
hereby agrees to perform the services herein in eonnection with the Project as stated in the
sections to follow, with diligcllce and in accordance with the highest professional standards
customarily obtained for such services in the State of Texas. The professional services set out
herein are in connection with thc following described project:
The Project shall include, without limitation, juvenile case manager services for the City
of Denton Municipal Court.
ARTICLE 2
SCOPE OF SERVICES
Consultant shall perform the following services in a professional manner:
Consultant shall perform all those services as necessary as juvenile case manager for the
City of Denton Municipal Court. Services shall include those necessary or appropriate under
Tex. Code Crim. P. ~45.06, as well as those as~igned by the Municipal Court Administrator.
ARTICLE 3 .
PERIOD OF SERVICE
This Agreement shall be effective as of October 1, 2005, and shall remain in force until
terminated.
S:',Our Documellt>\COlllracl.'JlYjuvc"ile case m.lIagemclIl """,iccs_doc
ARTICLE 4
COMPENSATION
A. COMPENSATION TERMS: Contractor will be will be paid from the Juvenile Case
Manager Fund at the same time paychecks are issued for City employees. Contractor
will be paid a gross salary equivalent to $1,423.08 per pay period, and benefits with a
budget cost of $389.62 per pay period.
B. BILLING AND PAYMENT: Payments will be disbursed biweekly, with no billing
requirement. Consultant shall coordinate schedules and hours worked with Municipal
Court Administrator.
Nothing contained in this Article shall require City to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. City shall not be required
to make any payments to Consultant when Consultant is in default under this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by Consultant pursuant to this Agreement are
instruments of service, and shall become the property of City. Consultant is entitled to retain
copies of all such documents. The documents prepared and furnished by Consultant are intended
only to be applicable to this Project, and City's use of these documents in other projects shall be
at City's sole risk and expense. In the event City uses any of the information or materials
developed pursuant to this Agreement in another project or for other purposes than specified
herein, Consultant is released from any and all liability relating to their use in that project.
ARTICLE 6
INDEPENDENT CONTRACTOR
Consultant shall provide services to, City as an independent contractor, not as an
employee of City. Consultant shall not have or claim any right arising from employee status.
ARTICLE 7
INDEMNITY AGREEMENT
Consultant shall indemnify and save and hold harmless City and its officers, agents, and
employees from and against any and all liability, claims, demands, damages, losses, and
expenses, including, but not limited to court costs and reasonable attorney fees incurred by City,
and including, without limitation, damages for bodily and personal injury, death and property
damage, resulting from the negligent acts or omissions of Consultant in the execution, operation,
or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Page 2
S:'DUf PocumelllS\'Olllr.ctslOS~uvcn;1c ease managemcm sc,viee,.doc
Agreement, including the dcfense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 8
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agrec to settle any disputes under this Agrcement by submitting thc
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving
one party's disagreement, may include the other party to the disagreement without the other's
approval.
ARTICLE 9
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminated by
giving 30 days' advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than 30 calendar days to cure the failure;
and (2) an opportunity for consultation with the terminating party prior to termination.
C. If the Agreement is terminated prior to complction of the services to be provided
hereunder, Consultant shall immediately cease all services and shall render a final bill for
services to City within 30 days after the date of termination. City shall pay Consultant
for all services properly rendered and satisfactorily performed and for reimbursable
expenses to termination incurred prior to the date of termination, in accordance with
Article 4 "Compensation." Should City subsequently contract with a new consultant for
the continuation of services on the Project, Consultant shall cooperate in providing
information. Consultant shall turn over all documents prepared or furnished by
Consultant pursuant to this Agreement to City on or before the date of termination, but
may maintain copies of such documents for his usc.
ARTICLE 10
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by City shall not constitute, nor be deemed a release of the responsibility and
liability of Consultant for the accuracy and competency of his work; nor shall such approval be
deemed to be an assumption of such responsibility by City for any defect in the design or other
work prepared by Consultant.
Page 3
SV)urDocunu:lllS\COlllractsIOS~uvcnjlccasc1llauagcrnclltscr\'i(cs.doc
ARTICLE 11
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certificd mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three days after mailing:
To CONSULTANT:
To OWNER:
Roland Jones
601 East Hickory, Suite D
Denton, Texas 76205
City of Denton
Attn: Tom Josey
215 East McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three days after mailing.
ARTICLE 12
ENTIRE AGREEMENT
This Agreement, consisting of 6 pages, constitutes the complete and final expression of
the agreement of the parties, and is intended as a complete and exclusive statement of the terms
of their agreements, and supersedes all prior or contemporaneous offers, promises,
representations, negotiations, discussions, communications, and agreements which may have
been made in connection with the subject matter hereof.
ARTICLE 13
SEVERABILITY
If any prOVISIOn of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE 14
COMPLIAN~E WITH LAWS
Consultant shall comply with all federal, state, and local laws, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
Page 4
S:\Our Documcll"\Cull\r.Cls\ll5~"vcnilc[""cll1."4:01nCl11scrviccs.doc
ARTICLE 15
DISCRIMINATION PROHIBITED
In performing the services required hereunder, Consultant shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTICLE 16
ASSIGNABILITY
Consultant shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement (whether by assignment, novation, or otherwise) without the prior
written consent of City.
ARTICLE 17
MODIFICATION
No waiver or modification of this Agrcement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE 18
MISCELLANEOUS
A. Consultant agrees City shall, until the expiration of three years after the final payment
under this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers, and records of Consultant involving transactions relating to
this Agreement. City shall give Consultant reasonable advance notice of intended audits.
B. Venue of any suit or cause of action under this Agreement shall lie cxclusively in Denton
County, Texas. This Agreement shall, be construed in accordance with the laws of the
State of Texas.
C. Consultant shall commence, carry 011, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, Consultant shall take such steps as
are appropriate to ensure that the work involved is properly coordinated with related
work being carried on by City.
D. City shall assist Consultant by placing at Consultant's disposal all available information
pertinent to the Project, including previous reports, any other data relative to the Project,
and arranging for the access thereto, and make all provisions for Consultant to enter in or
Page 5
S:'.On' l.lo<umon",\COlllracls'Jl5~n"Clljlc case mdm.gcmcn. ,o,,"';ces doo
upon public and private property as required for Consultant to perform services under this
Agreement.
E. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly auth~zed City Manager, and Consultant has executed this Agreement on
this the /fJlll day of 'ett;/)e,{/ ,2005.
MICHAEL A. CONDU
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CIT SECRETARY
BY:
AP VED A TO-bEGA:I::;
--
EDWIN-M."-SNYDER, CITY ATTORNEY
CONSULTANT
~~
WITNESS:
By:--J(YY\~, n/
Page 6