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HomeMy WebLinkAboutResolution - 2005-R0347 - Agreement - Craig N Farmer - Consulting Services To City Employees - 07/28/2005Resolution. No. 2005-RO347 July 28, 2005 Item 17 RESOLUTION 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 Consulting Agreement with Craig N. Farmer for consulting services to the City Manager, Deputy City Manager and Chief Financial Officer in various planning, development and economic development projects on a part time and temporary basis. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of July 2005. UGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED. AS TO CONTENT: Lou Fox City Manager AP ROVED AS TO FORM: ,L7:' wt�e►, 8 Anita E. Burgess City Attorney ml/ccdocs/ Farmer.Agree.res July 14, 2005 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: This Contract, made and entered into on this the 28`" day of July, 2005, by and between the City of Lubbock, Texas, a Home Rule Municipal Corporation of the State of Texas, hereinafter called "City," and Craig N. Farmer, hereinafter called "Consultant." WITNESSETH: WHEREAS, the City has determined that it will be in the best interest of the City to retain the services of an experienced consultant with special skills in planning and development on a part time and temporary basis to assist the City Manager, Deputy City Manager and Chief Financial Officer in various planning, development and economic development projects; and WHEREAS, the above named individual has more than 30 years experience in planning and development with various cities, as a consultant and working for private developers, has agreed to furnish such services on a 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 Consultant to assist the City Manager, Deputy City Manager and Chief Financial Officer in various City planning and development 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 October 10, 2005. This agreement may be extended for an 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. For purposes of any extension of this agreement, the City Manager is delegated the authority to execute such extension. Either party 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 Consultant as compensation for services rendered hereunder for a minimum of 20 hours per week with any additional hours on an as needed basis. The rate shall be $85 per hour, which is the same hourly rate of compensation plus benefits as the Consultant was receiving as an employee with additional reimbursement of some overhead expenses such as a cell phone and computer. Payment shall be made to the Consultant 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. WIN The Consultant agrees to maintain his planning certifications and to perform the functions of a planning and development consultant, including performing the day-to-day functions necessary for the proper conduct of planning and development projects under the supervision of the City Manager or his designee. V. Specific responsibilities of the Consultant shall include the following: a) Provide planning and development expertise and assistance, as required by client needs and requests or by the City Manager, Deputy City Manager, or Chief Financial Officer. b) Provide assistance, intervention in the approval process and negotiation of important planning and development projects as required by client needs and requests or assigned by the City Manager, Deputy City Manager, or Chief Financial Officer. c) Drafting and production of studies, plans and other documents as required by client needs and requests or assigned by the City Manager, Deputy City Manager, or Chief Financial Officer. d) Attendance and/or appearances at private and public meetings as required by client needs and requests or by the City Manager, Deputy City Manager, or Chief Financial Officer. All such services rendered by the Consultant shall be subject to the reasonable supervision and control of the City Manager or his designee. The Consultant shall perform such planning and development duties as are approved by the City Manager or his designee, and the decision of the City Manager or his designee shall be binding and final in regards thereto. VI. Consultant will maintain a separate office and provide computer equipment and a cell phone. The City agrees to furnish the Consultant with office space when working in City Hall, secretarial assistance, materials and supplies as needed to perform the services as contemplated under the terms of this contract. City shall also provide computer services and assistance through Information Technology on City related projects and on issues regarding access to City computer information. The Consultant shall provide his own vehicle, fuel and maintenance for reasonable local transportation required for the necessary completion of his duties as contemplated under this agreement. All expenses related to travel on City business outside of Lubbock shall be reimbursed to Consultant in accordance with the travel policies of the City of Lubbock and must be authorized in advance. VII. Consultant shall maintain a Professional Errors and ©missions policy with $500,000 of coverage. The City shall indemnify and hold the Consultant harmless from liability in excess of Consultant's Errors and Omissions policy and to the extent allowed by law from any claim or cause of action of any nature whatsoever arising out of the Consultant's services rendered to the City within the course and scope of his employment by the City. This includes any necessary legal defense, to the extent of the City's self-insurance policy just as though the Consultant were an officer, employee or volunteer of the City over any policy limits held by Consultant. Vffi. Nothing contained herein shall be construed as creating the relationship of employer and employee between the City and the Consultant. The Consultant shall be deemed at all times to be an independent contractor providing professional services to the City. Ia The Consultant 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 28th day of July 200. CONSUIJANT: CITY OF LUBBOCK, TEXAS Haig A. Farmer / "C AL, MAYOR Planning and Development Consultant ATTEST: Reb cca Garza, City Secretary AP OVED AS TO FORM: Anita Burgess, City Attorney APPR E CONTENT: I �j— Lou Fox City Manager DIM/ Imydocuments/personal/consulting/ Professional Services Contract - Lubbock - 05-06