Loading...
HomeMy WebLinkAboutResolution - 1721 - Contract - Richard D Brown - Legislative Services - 06/14/1984JCR:cl RESOLUTION RESOLUTION 172:1 - 6/14/84 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 Personal Services between the City of Lubbock and Richard D. Brown, 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 herein in detail. Passed by the City Council this 14th day of June ,19B4. 4 e-2- L 7EW HENRY, M Y R ATTEST: City Seer 6t ar)(-Treastdrott APPROVED AS TO CONTENT: Jim Blagg, Deputy City Manager APPROVED AS TO FORM: . Koss, -Jr., Lity Attorne RESOLUTION 1721 - 6/14/84 JCR:cl STATE OF TEXAS § COUNTY OF LUBBOCK § CONTRACT FOR PERSONAL SERVICES This agreement, entered into on this 14th day of June , 1984 by and between the City of Lubbock, a home rule municipal corporation, hereinafter referred to as City, and Richard D. Brown, hereinafter referred to as Consultant, WITNESSETH: WHEREAS, the City Council of the City of Lubbock finds that there are many items brought before the Legislature of the State of Texas that may directly effect the health, safety or welfare of the residents of the City, and WHEREAS, the City Council of the City of Lubbock further finds that there is a need to inform the Legislature of the State of Texas on proposed or needed state legislation necessary for or detrimental to the protection of the public health, safety and welfare of the residents of the City, and WHEREAS, the City Council of the City of Lubbock further finds that many state agencies of the State of Texas propose and pass rules that directly affect the health, safety and welfare of the residents of the City, and WHEREAS, the City Council of the City of Lubbock further finds that there is a need to inform state agencies on proposed or needed rules necessary for, or detrimental to the public health, safety or welfare of the residents of the City, and WHEREAS, the City Council of the City of Lubbock further finds that the Legislature of the State of Texas has encouraged contact with the members of the Legislature, committees of the Legislature, to state agencies and to members of the executive branch and deems such contact necessary to the operation of a responsible democratic government all as expressed in Art. 6252-9c, V.A.C.S., and WHEREAS, the City Council of the City of Lubbock finds it to be a public purpose and in the best interest of the residents of the City of Lubbock to engage the services of Consultant to inform the Legislature and state agencies of its views on either pending legislation or rules that could or would affect the health, safety or welfare of the residents of the City. NOW THEREFORE, the City and Consultant do hereby mutually agree as follows: 1. SCOPE OF SERVICES 'The Consultant agrees to undertake the following activities on behalf of the City: -2- (a) Monitor legislation pending or proposed before the State Legislature and inform City as to all such legislation affecting City. (b) Monitor proposed rules of state agencies published in the Texas Register and inform City as to all such rules affecting City. (c) Convey to members of the Texas Senate, House of Representatives, the Governor of Texas and the Lt. Governor of Texas, the City's position on all pending or proposed legislation affecting the City when requested in writing by City to do so. (d) To point out to members of the Legislature of Texas, its committees and to officers of the executive branch of the State of Texas the following: (1) The detrimental effect upon the health, safety or welfare of the residents of City and the adverse effect upon City of any proposed or pending state legislation. (2) The beneficial effect upon the City and the health, safety and welfare of its residents of any proposed or pending state legislation. -3- (e) To point out to state agencies of Texas the following: (1) The detrimental effect upon the City and the health, safety and welfare of its residents of any proposed rules published by said agency in the Texas Register. (2) The beneficial effect upon the City and the health, safety and welfare of its residents of any proposed rules published by said agency in the Texas Register. (f) To assist the Legislature or state agency by recom- mending state legislation or rules more appropriate to and beneficial to the interest of the City and its residents. (g) Provide advice to officers and employees of the City on the following: (1) The stage in the legislative process that a particular bill is at any given point in time during a Legislative session. (2) What facts, figures or other evidence will be beneficial in presenting the City's position to the Legislature. (3) How the efforts of officers or employees of the City may be coordinated with those of Consultant to represent the City's position on pending or proposed legislation. -4- (4) To provide the same or similar advise as to rules pending before state agencies as set forth in sub- paragraphs 1 - 3 above. (h) To assist City in recommending proposed amendments to existing legislation or rules of state agencies in the same manner as heretofore set forth for Consultant's service for pending or proposed legislation in subparagraphs (c) through (g) of this section. It is agreed and understood by the parties hereto that Consultant will perform services listed in subparagraphs (a) through (h) of this section, only upon the specific written request of City communicated to Consultant by the City Manager, setting forth the specific matter for which Consultant's services are requested. 2. COMPENSATION Consultant shall be compensated for services performed on behalf of City as set forth in Exhibit A attached hereto and made a part hereof for all purposes. 3. PERIOD OF CONTRACT This contract shall take effect upon the date first above written and shall remain in effect between the parties hereto unless terminated by either party hereto as hereinafter provided. -5- 4. TERMINATION This contract may be terminated by either party hereto by giving thirty (30) days written notice of termination to the other party. 5. INDEPENDENT CONTRACTOR Nothing contained herein shall be construed as creating the relationship of employer and employee between Consultant and City and Consultant shall be deemed at all times to be an independent contractor. 6. LAW GOVERNING CONTRACT For the purposes of determining the place of contract and the law governing same, this contract is entered into in the City of Lubbock, State of Texas and shall be governed by the laws of the State of Texas. Consultant agrees to comply with all the laws of the State of Texas which may be applicable to this contract and to his services rendered hereunder. 7. ENTIRE AGREEMENT This contract constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the day above written. CITY OF UBBOCK: NSULTANT: LBann, ALAN EN Y, M YOR RICHARD D. BROWN ATTEST: Evelyn Mffga, Cit'yIT/retaliy APPROVED AS TO FORM: VV ohn C. Ross, Jr., City AUDorney -7- EXHIBIT A 1 . City agrees to pay to Consultant the sum of $ Two Thousand Five Hundred Dollars Dollars per month for services rendered by Consultant under this Contract. 2. City agrees to pay the sum above set forth in monthly installments payable no later than the tenth (10th) day of each month during the term of this contract. 3. The first installment payable to Consultant shall be payable on the 15th day of July , 1984 and thereafter all monthly installments shall be payable as set forth in paragraph 2 above. 4. City further agrees to pay to Consultant all reasonable and necessary expenses incurred by Consultant for the direct benefit of City. By way of illustration, reasonable and necessary expenses shall include the following: (a) All travel when directly relating to services on behalf of the City. (b) Postage (c) Telephone (d) All meals and lodging expenses (e) Consumable supplies (f) Publications and subscriptions (g) Meeting expenses Consultant agrees that he shall itemize all expenses incurred by Consultant on City's behalf and shall forward a statement on a monthly basis to City for said expenses. In the event the City disputes either the reasonableness or necessity of any expenses submitted for payment by Consultant the City in such event shall pay all expenses not in dispute and notify Consultant concuring the disputed expense item. Upon notification the parties shall confer to resolve the disputed item. City agrees that all bills received for expenses shall be paid by City within ten (10) days of receipt of said bill. EXHIBIT A (page 2)