HomeMy WebLinkAboutResolution - 2004-R0191 - Professional Service Contract Extension - Donald Vandiver - 04_22_2004Resolution No. 2004-RO191
April 22, 2004
Item No. 21
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby approves a two-year
extension to the Professional Services Contract executed on June 19, 2003, between the
City of Lubbock and Donald G. Vandiver, attorney "of counsel," under the same terms
and conditions. A copy of said Contract is attached hereto which shall constitute and be a
part hereof as if fully copied herein in detail.
Passed by the City Council this 22nd day of April , 2004.
ATTEST:
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Reb cca Garza, City Secretary
APP OVED:
Anita Burgess, City Attorney
DDres/ProfSvcsDGV Res
March 30, 2004
Resolution No. 2004-RO191
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 parry hereto may terminate this agreement at any time during the term
of this agreement by giving the other party thirty (30) 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
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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.
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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.
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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.
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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.
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 June 2003.
ATTORNEY: CITY OF LUBBOCK, TE S
nald G. Vandiver M RC McDOUG L, MAYOR
Attorney
ProfSvcsDGV.con
May 22, 2003
ATTEST:
Re ecca Garza, City Secretary.
APPROVED:
Anita Burgess, City Attorney