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HomeMy WebLinkAboutResolution - 2003-R0248 - Professional Services Agreement For "Of Counsel" Legal Services - 06/19/2003Resolution No. 2003-80248 June 19, 2003 Item No. 32 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Agreement with Donald G. Vandiver for "Of Counsel" legal services to the City of Lubbock on a part time temporary basis, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 19th day of ATTEST: Rebecca Garza, City Secretary APPROVED: � 6^ e 1 Anita Burgess, City Attorney Mres/OfCounselRes June 3, 2003 Resolution No. 2003-80248 June 19, 2003 Item No. 32 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: This Contract, made and entered into on this the 19th day of June , 200 3, by and between the City of Lubbock, Texas, a Home Rule Municipal Corporation of the State of Texas, hereinafter called "City," and Donald G. Vandiver, hereinafter called "Attorney." WITNESSETH: WHEREAS, the City has determined that it will be in the best interest of the City to retain the services of an experienced attorney with special skills in municipal law on a part time and temporary basis to assist the City Attorney in various municipal legal projects; and WHEREAS, the above named individual, who has more than 30 years experience in municipal law has agreed to furnish such services on an "Of Counsel" part time temporary basis during the term of this agreement; NOW THEREFORE, the parties hereto do covenant and agree as follows: I. The City does hereby engage and retain the Attorney to assist the City Attorney in various City legal projects on the terms and conditions hereinafter set forth. II. The term of this agreement shall be for a period of one (1) year beginning on the effective date of this agreement. This agreement may be extended for additional one-year period by mutual agreement of the parties hereto expressed in writing prior to the end of the initial term or any extension thereof. Either party hereto may terminate this agreement at any time during the term of this agreement by giving the other party thirty (3 0) days written notice of its intention to terminate this agreement. The City agrees to pay the Attorney as compensation for services rendered hereunder on an as needed basis at the same hourly rate of compensation as the Attorney was receiving at the time of his retirement. Payment shall be made to the Attorney in bi-weekly installments by electronic deposit to the banking institution agreed upon by the parties on the same days that the regular payroll of the City of Lubbock is disbursed. If electronic payment is not possible, a check may be substituted. IV. The Attorney agrees to maintain his law license and to perform the functions of a senior municipal attorney, including performing the day-to-day functions necessary for the proper conduct of municipal legal projects under supervision of the City Attorney. V. Specific responsibilities of the Attorney as a senior municipal attorney shall include the following: a) Provide legal opinions and counseling, both oral and written, as required by client needs and requests or by the City Attorney. b) Legal research and writing as required by client needs and requests or assigned by the City Attorney. c) Drafting and production of legal documents as required by client needs and requests or assigned by the City Attorney.. d) Attendance and/or appearances at private and public meetings as required by client needs and requests or by the City Attorney. All such services rendered by the Attorney shall be subject to the reasonable supervision and control of the City Attorney. The Attorney shall perform such legal duties as are approved by the City Attorney, and the decision of the City Attorney shall be binding and final in regards thereto. VI. The City agrees to furnish the Attorney with all necessary office space, office furniture, equipment, materials, secretarial assistance and supplies to perform the services as contemplated under the terms of this contract. VII. The City shall indemnify and hold the attorney harmless from any claim or cause of action of any nature whatsoever arising out of the Attorney's services rendered to the City within the course and scope of his employment by the City, including any necessary legal defense, to the extent of the City's self-insurance policy just as though the Attorney were an officer, employee or volunteer of the City. VIII. Nothing contained herein shall be construed as creating the relationship of employer and employee between the City and the Attorney. The Attorney shall be deemed at all times to be an independent contractor providing professional services to the City. IX. The Attorney shall not assign this contract without prior written consent of City. IN WITNESS WHEREOF, the parties hereto have executed this contract and agreement on the 19th day of ATTORNEY: ,Tune 2003 . CITY OF LUBBOCK, TEXAS Attorney ProfSvcsDGV.con May 22, 2003 A cDOUGAL, AYOR ATTEST: Rebecca Garza, City Secretary APPROVED: Anita Burgess, City Attorney