HomeMy Public PortalAboutORD13531 BILL NO.,,,_— 03.8 .. -
SPONSORED BY COUNCILMEN Anglg,_Rerrv, Ferguson, Groner Klindt, O sen Smi hr ,
Vie sman, Vogel,,and Weber
ORDINANCE NO. I :� `•�
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MARK COMLEY TO
SERVE AS INTERIM CITY COUNSELOR.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
an agreement with Mark Comley to serve as Interim City Counselor.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval,
Passed: Approved:_(. - 1 '�c. /� A�
" 'residing Officer ���? Mayor
AWTEST: 4'"APPROVED AS TO FORM:
j.6 t
G y Clerk City Counselor
r AGREEMENT TO SERVE AS
INTERIM CITY COUNSELOR FOR THE CITY OF JEFFERSON
THIS AGREEMENT, made and entered into this ,.- day of April, 2003, by and between the City of
Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City," as party of the first part,
and Mark Comley, hereinafter called "Interim City Counselor," as party of the second part, both of
whom understand as follows:
WITNESSETH:
WHEREAS, City desires to employ the services of said Mark Comley as interim City Counselor; and
WHEREAS, it is the desire of the City, to set forth its benefits, establish certain conditions of employment
and to set working conditions of said Interim City Counselor; and
WHEREAS, Interim City Counselor desires to accept employment as such interim City Counselor of the
City;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as
follows:
Section 1. Duties and Responsibilities.
City hereby agrees to employ said Mark Cornley as interim City Counselor of the City as set forth
the City Charter and the City Code and have all the authority of that office. Interim City Counselor
ill be under the general supervision of the City Administrator except as to matters of a purely legal
nature, Interim City Counselor will report as necessary directly to the Mayor and City Council. Said
duties are generally described in Exhibit A attached hereto and incorporated by reference.
Section 2. Term of Contract and Conditions of Extension.
A. The term of this employment contract shall commence on May l , 2003, and may continue
through Octot.)er 1, 2003, or upon the appointment of a full time City Counselor, except as otherwise
provided herein.
B. Nothing in this employment contract shall prevent, limit or otherwise interfere with the right
of the City through its City Council to terminate the services of the Interim City Counselor at any time,
subject only to the provisions set forth in Section 3 of this contract,
C. Nothing in this employment contract shall prevent, limit or otherwise interfere with the right
of the Interim City Counselor to resign at any time from his position with the City, subject only to the
provision set forth in Section 3, paragraph D of this contract,
Section 3. Termination, Severance Pay, Resignation and Disability Provisions.
A. Interim City Counselor may terminate this contract by providing two week written notice
City. In the event Interim City Counselor voluntarily resigns his position with City before the'rermination
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Date, Interim City Counselor shall give City two weeks notice in advance, unless the parties otherwise
agree.
B. City reserves the right to terminate this Contract either for cause or for its convenience and
without cause or default on the part of Interim City Counselor, by providing two weeks written notice of
such termination to Interirn City Counselor. Upon receipt of such notice from City, Interim City Counselor
shall, at City's option as contained in the notice: (1) immediately cease all work; or (2) meet with City
and,subject to City's approval, determine what work shall be required of Interim City Counselor in order
to bring all services to o reasonable termination in accordance with the request of City, Interim City
Counselor shall also provide to City copies or all reports,drawings and documents completed or partially
completed at the date of termination.
C. Death or Incapacity:This contract shall terminate immediately upon the death or incapacity
of Interim City Counselor. City shall compensate Interim City Counselor fcr all periods of work prior to the
date of death or incapacity.
D. Interim City Counselor shall not be entitled to the notice or procedures set out in Paragraph
16-2(c) of the City's Personnel Manual.
Section g. Compensation.
A. City agrees to pay Interim City Counselor for his services rendered pursuant hereto a fixed
base weekly salary based on a rate of $100.00 per hour, not to exceed $6,000.00 (60 hours) per month,
0 mess additional time is approved by the City Administrator with notification provided to the Mayor and
ity Council, payable monthly in arrears after receipt and review of Interim City Counselor's statement
for services. Statement for services must include a break down of daily log time. Interim City Counselor
is an independent contractor and will be responsible for all taxes. Interim City Counselor will receive no
Interim City Counselor benefits,
Section 5. Hours of Work.
Interim City Counselor will be classified as an independent contractor for payroll purposes. It is
recognized that Interim City Counselor's hours may vary from week to week, and to allow for
fluctuations. Interin r City Counselor agrees to commit to sixty (60)hours per month. If additional time is
required , additional hours may be approved in advance by the City Administrator with notification
provided to the mayor and the Council. Interim City Counselor is to keep a daily log of time for audit
and control purposes.
Section 6. Professional and Job Related Benefits.
A. City acknowledges that the travel and subsistence expenses of Interim City Counselor for
professional and official travel, meetings and occasions as necessary to continue the professional
development of Interim City Counselor and to adequately pursue necessary official and other functions
4or the City, and such other national, state, regional and local governmental groups and committees
ereof which Interim City Counselor serves as a member. However, Interim City Counselor shall fund
uch expenditures from his office's budget as approved by the City Council annually.
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B. City recognizes that certain expenses of a non-personal and generally job-affiliated nature
are incurred by Interim City Counselor,and hereby agrees to pay a general business expense allowance
osed on actual expenditures by Interim City Counselor subject to the availability of funds in the
department's accounts.
Section !. Indemnification and Bonding.
A. The City shall defend,save harmless and indemnify Interim City Counselor against any tort,
professional liability claim or demand or other legal action,whether groundless or otherwise, arising out
of the course and scope of employment for an alleged act or omission occurring in the performance
of the Interim City Counselor's duties ender this contract provided that the acts or omissions were done
in goad faith and without malice or felonious intent. City shall provide counsel and pay for all costs
arising out of such actions,
B. City shall bear the full cost of any fidelity or other bonds required of the Interim City
Counselor under any law or ordinance.
Section 8. No Reduction of Benefits.
City shall not at any time during the term of this contract reduce the salary, compensation or
other financial benefits of Interim City Counselor.
Section 9. Other 'terms.
® A. The City Council, in consultation with the City Administrator, shall fix any such other terms
and conditions of employment, as it may determine from time to time, relating to the performance of
Interim City Counselor, provided such terms and conditions are not inconsistent with or in conflict with
the provisions of this contract, the City Charter, or any other law.
B. It is understood by the parties that all provisions set forth in this contract are subject to the
availability of funds. Until such funds are appropriated by the Council, the provisions of this contract shall
not constitute an obligation on the general funds of the City except as to funds required for complying
with Section 3.
Section 10. Notice and General Provisions.
A. Any notice required pursuant to this contract may be personally served on Interim City
Counselor at his office in City Hall and upon the Mayor of City.
B. The text herein shall constitute the entire contract between the parties.
C. T his contract shall become effective commencing upon execution.
D. If any provision, or any portion thereof, contained in this contract is held unconstitutional,
valid or unenforceable, the remainder of this contract, or portion thereof shall be deemed severable,
all be not be affected and shall remain in full force and effect.
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Section 11. Ownership of Documents.
0 All documents prepared in connection with this Contract shall be the property of City, whether
the project for which they are made is executed or not, however, any use without written verification
or adaptation by interim City Counselor for the specific purpose intended by City shall be at City's sole
risk and without liability or legal exposure to Interim City Counselor whatsoever.
Section 12. Dispute Resolution.
City and Interim City Counselor agree that disputes relative to this Contract should first be
addressed by negotiations between the parties.If direct negotiations fail to resolve the dispute,the party
initiating the claim that is the basis for the dispute shall be free to take such steps as it deems necessary
to protect its interests; provided, however, that notwithstanding any such dispute Interim City Counselor
shall proceed with the work as per this Contract as if no dispute existed. Interim City Counselor shall
follow the conflict resolution procedures set out in the City's Personnel Manual for all disputes not
specifically covered by this contract.
Section 13. Entire Agreement.
This Agreement constitutes the entire agreement between the parties and supersedes all prior
agreements, whether oral or written, covering the same subject matter. This Agreement may not be
modified or amended except in writing mutually agreed to and accepted by both parties to this
Agreement.
Gectlon 14. Applicable Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable
in accordance with, the laws of the State of Missouri.
Section 15. Conflict of Interest.
Interim City Counselor shall avoid all conflicts of interest with the City during the term of this
agreement. interim City Counselor agrees to disclose, in writing at anytirne during performance of this contract,
any relevant facts pertaining to work previously pert'ornled or presently being performcd by Interim City Counselor
under private or Government contracts, or front l)reV1oLIS ellll)10)1]nl:nt which right give rise to the appearance of
a conflict of interest. Such disclosure should set forth all relevant facts including identification of-'tile source and
nature of the conflict.
Section 16. No Tihird Party Beneficiaries.
Nothing contained herein shall create a contractual relationship with,or any rights in favor of,any
third party.
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Section 17. Severability Clauses.
Should any provision of this Contract be determined to be void, invalid, unenforceable or illegal
for whatever reason, such provisions) shall be null and void; provided, however, that the remaining
provisions of this Contract shall be unaffected thereby and shall continue to be valid and enforceable,
Section 18. Confidentiality Clause.
Interim City Counselor agrees that (a) all knowledge and information that Interim City Counselor may
receive from City or Interim City Counselors or consultants of City, or by virtue of the performance of
services under and pursuant to this contract, relating to personnel, inventions, products, processes,
machinery, apparatus, prices, discounts, costs, business affairs, fuiure plans, or technical data that
belong to City or to those with whom City has contracted regarding such information, and (b) all
information provided by Interim City Counselor to City in reports of work done, together with any other
information acquired or gained by Interim City Counselor shall for all time and for all purposes be
regarded by Interim City Counselor as strictly confidential and held by Interim City Counselor in
confidence, and solely for City's benefit and use, and shall not be used by Interim City Counselor or
directly or indirectly disclosed by Interim City Counselor to any person whatsoever excepting to City or
with City's written permission.
IN WITNESS WHEREOF,the City of.Jefferson, Missouri has caused this contract to be signed and executed
in its behalf by its Mayor, and duly attested by its City Clerk, and the Interim City Counselor has signed
�nd executed this Contract, both in duplicate, the day and year first a ove written.
p
Mayor,� � � Mark omley �
City cdf Jefferson, Missouri �/
ATTEST; APPROVED AS TPFGRM:
ell-
City Clerks City Counselor
City of'Jeff'erson
Interim City C01111selor
The appointment will begin May 1,2003. "Tile Icnc th ofthe appointnlcnt is mgt icipat4d to be lixlr to five numths. The
appointment will end automatically upon the appointment ofa full time city counselor, except that the City nlay ask
Cor some limited transitional services thercafter. The appointment may he tern►inated ai any time by tilt; mayor with
the majority vote of the council, or upon a two-thirds vote of the council. n two week notice is required of a
resignation.
Interim City Counselor will be responsible for all the duties of the City Counselor as set Birth in the charter and the
city code and have all the Authority of that office. "file Interim City Counselor will lie under the general supervision
of the city administrator except as to matters of a purely legal nalurc. The Interim City Counselor will report as
necessary directly t o t he mayor'and the city council. Routine duties will be tenlporari 1}'shificd to existing staffand/or
outside legal resources currently in place. II discreet mailers arise requiring unanticipated services the City will work
with the Interim City Counselor tit arrange additional outside legal assistance. The (lakes of the Interim City
ounselor will fall generally into these calegorics:
1. Worker's Compensation
These cases are currently being hrltulled by cxlstnlg slaffand outside cotrtisel. Interim City Coutlselor
will provide guidance on set llenients and litigation decisions.
2. Claims
Most of'these cases can be handled primarily by rr15tU•al1CC Cotlllsel. 111tel'illl Cily Counselor will
monitor cases and make reports to the Mayor and City Council. Intcrilll C'ily Counselor will
colllll"lullicatc with insurance counsel as required.
3. Contracts
Existing stuff'will he able to prepare drafts 161,most contracts. iI11Criln City CollllSCIOr will review
all contracts and assist primarily Willi more complicated cont•hclti.
4. Ordinances
Existing staff' will he able to draft most ordinances and staff rcconuncndations. Interim City
Coutlselor will review all hilly. and assist with major bills.
5. Personnel
Interim City Counselor will he responsible Inrprovidingguidance to stalTon all personnel issueswith
the assistance of existing;staff'. Interim City Counselor will be in charkc ol'the personnel in the Law
Departnlctlt.
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6. Opinions
Interim City Counselor will coordinate with existing staff in providing ongoing opinions to staff and
the City Council. Requests for opinions will go through the City Administrator to assure appropriate
prioritization.
7. Mcetinas
Interim City Counselor will attend meetings upon request. The City does not believe it will be
necessary for interini City COtn1SCIOr to attend all City Council n1CCti1lg, IiOWCVCi•, Interim City
Counselor may be called upon to attend meetings as requested by the City Administrator, or as
deterinined necessary by the City Council or Mayor.
8. Presence at City Hall
City believes Interini City Counselor should be present at City Mall ast specific times during the week
so staff can make arrangements to meet with interim City Counselor.
9. Time Comillitrr,ent
'rhere is no recent precedent For this arrangement, but the City believes that the alcove tasks can be
accomplished with a Conmlitnlent ol'approxinlately fifteen hours per week. This may vary from
week to week, and to allow for fluctuations we will commit to compensating the Interim City
Counselor for sixty hours per month. If the City finds that additional time is required on the part of
the Interim City Counselor, additional hours may be approved in advance, by the city administrator
with notification provided to the mayor and the council. The Interim City Counselor should keep a
daily log of your time for audit and control purposes.
10. Compensation
The Interim City Counselor will be paid $100 per hours, not to exceed $6,000.00 (60 hours) per
month (unless additional time is approved in accordance with the Time Commitment provisions
above) payable monthly in arrears after receipt and review of your statement for services. The
statement for services must include a breakdown of daily log time as mentioned above. The Interim
City Counselor is an independent contractor and will be responsible for all taxes. The Interim City
Counselor will receive no employee benefits, but will be reimbursed for out-of-pocket expenses in
accordance with city policies.
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