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HomeMy WebLinkAboutResolution - 120877E - Contract For Consulting Services - COL - 12_08_1977KJ RESOLUTION / / e BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a CONTRACT FOR CONSULTING SERVICES FOR DEVELOPMENT OF A CLASSIFICATION AND PERSONNEL SYSTEM FOR THE CITY OF LUBBOCK, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied here in in detail. Passed by the City Council this 8 day of December ROY 13ASS, MAYOR ATTEST: Treva Phillips, City,, Se etary-Treasurer APPROVED AS TO FORM: y 1977. CONTRACT FOR CONSULTING SERVICES FOR DEVELOPMENT OF A CLASSIFICATION AND PERSONNEL SYSTEM FOR THE CITY OF LUBBOCK . THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT entered into this day by and between the CITY OF . LUBBOCK, hereinafter called "CITY". and Cresap, McCormick & Paget hereinafter called nCONSULTAN WITNESSETH: WHEREAS, the City desires to engage the services of the Consultant for the purpose of making a study for the purpose of developing a Classification and Per- sonnel System for the City of Lubbock, upon the following terms and conditions: 1. The City agrees to engage the services of the Consultant for the purpose of conducting. a Personnel Study for the City of Lubbock in accordance with the.Proposals for Development of a Classification and Personnel System for the City of Lubbock, made a part hereof which is attached hereto as Exhibit A, and the letter of acceptance of the Consultant, which- is made a part hereof and attached and marked Exhibit B. 2. The Consultant shall secure, at his own expense, all personnel required to perform its services under this contract and shall submit to the Project Committee, as established in the proposal attached hereto, the names of such employees and the Project Manager assigned to this project and such personnel shall meet with the approval of this Committee. - S. The Consultant shall provide all equipment and office space necessary to carry out the services provided in this agreement, with the exception that the City shall provide space for performing services under this agreement which are necessarily carried out on the premises of the City. The Con- sultant shall commence work under this agreement thirty (30) days from award of the Contract, and the final report shall be submitted by August 31, 1978.. In addition, the Consultant shall make a report by May 12, 1978, pro- viding for the implementation of areas 1 through 6, shown on page 1 of the Proposal, Exhibit A. The remaining areas shall be included in the final report. The final report shall be submitted to the Project Committee who shall in turn submit the final report to the City Council of the City of Lub- bock for its review and acceptance. 4. The compensation to be paid by the City to the Consultant shall not exceed $49,000.00 with payment to be made by the City each thirty (30) days based upon the Consultant's submitted and approved invoice, with final payment to be made upon the submission of the final report and its approval and acceptance by the City Council. 5, The Consultant will submit a draft copy of the final report to the City for its review and approval. Upon approval of the City, the Consultant will print fifty (50) copies of the plan and deliver them to the City. 6, All material developed or acquired by the Consultant for work done under this contract shall become the property of the City. All such material shall not be released to the Public prior to the termination of the contract without the prior written approval of the City. 7; No reports, maps or other documents produced in whole- or in part under this contract shall be the subject of an application for copyright by or on behalf of the Consultant. 8. The Consultant shall not assign any interest in this contract and shall not transfer any interest, whatsoever, in the same (whether by assignment or novation ), without the. prior written consent of the City. 9. The Consultant shall accept full responsibility for payment of unemploy- ment insurance, premiums for workmen's compensation and social secu- rity, as well as all income deductions and any other terms of payroll de-, ductions required by law for his employees engaged in the work author- ized by this contract. 10. The Consultant shall save harmless the City from all suits, actions, or. claims brought on account of any injuries or damages sustained by any person or property for which the Consultant's professional negligence is the primary cause, or on account of any claims or amount recovered for any negligent infringement of patent, 'trademark, or _copyright, or from claims or amounts arising or recovered against the Consultant under their Workmen's. Compensation Policy. 11. The City agrees to make available to the Consultant all records and data on file that will assist the Consultant in the discharge of the services herein contracted, 12. The City also agrees to furnish appropriate personnel to carry out its obligations under this contract. 13. The Consultant hereby agrees that he will comply with Title VI of the Civil Rights Act of 1964 (P. L. 83-352) to the end that no person shall on the grounds of race, creed, sex, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which. the Consultant received compensation through the Council; and gives further assurance that he will promptly take any measures necessary to effectuate this commitmen The Consultant agrees to post in a conspicuous place available to his em- ployees and applicants for employment, government notices setting forth the provisions of this nondiscrimination clause. The Consultant will, in all . solicitations of advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, sex, color, creed, or national origin. 14. No officer or employee of the City or member of its governing body who exercises any function or responsibilities in connection with the undertaking or carrying out of the project shall, prior to completion of the project, volu tarily acquire any personal interest, direct or indirect, or any contract or proposed contract in connection with the project. If any such member, offi- cer, or employee presently has, or in the future involuntarily acquires any such personal interest, he shall immediately disclose such interest to the C Upon such disclosure such member, officer or employee shall not participal in any action by the City affecting the carrying out of the project. - 15. The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this contract no person having such interest shall be employed. 16. No member of or delegate to the Legislature of the State of Texas or a member of Congress shall be admitted to any share or part thereof or to any benefit to arise.herefrom. 17. This agreement can be amended or extended only upon written agreement between the City and the Consultant. 18.. The Consultant shall be in all respects an independent contractor and shall accept sole responsibility for the actions of his project manager and all of its employees and shall be responsible -for all materials, services secured, subcontracts entered into or liabilities incurred in the performance of this agreement. 19. The Consultant shall maintain and make available for inspection, audit, reproduction by any authorized representative of the Comptroller General of the United States, Department of Justice and the State of Texas, books, documents and other evidence pertaining to. this agreement and shall main- tain all of such records for a period of three (3) years after final payment. 20. This agreement may be terminated by the City at any time during the life' of this agreement if the City shall determine that termination is in the best interest of the City. Termination shall be affected by delivery to the Con- sultant of a notice of termination specifying to what extent exact performance of work under the contract has been terminated and the effective date of termination. 21. The Consultant may terminate this agreement by submitting to the City his letter of termination which shall be effective sixty (60) days from the date of such letter. Upon termination under this section or the above section' the City shall to the Consultant pay the amount due for such services made up to the date of termination which have been reviewed by the Project Com- mittee and are found to be acceptable by such Committee. EXECUTED THIS 8th DAY OF December 1977 ATTEST: CITY OF LUBBOCK BY: Treva Phillips ROY BASS City Secretary -Treasurer. Mayor APPROVED AS TO FORM: Fred O. Senter, Jr. . City Attorney ATTEST: CONSULTANT: BY: