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HomeMy Public PortalAboutORD10704 BILL NO. SPONSORED BY ORDINANCE NO.NO. /_O Dy AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH LAWRENCE PATTON FOR CONSULTING SERVICES. BE IT ENACTED BY THE CITY COUNCIL OF THE CI'T'Y OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Lawrence Patton for consulting services. Section 2 . The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after September 1, 1986 . Passed �� C c L2�J L Z5 16 _ Approved � 2d�f 5 PR SIDING OFFI R MAYOR ATTEST: CITY CLERK THIS AGREEMENT, made and entered into by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as the "City" , and Lawrence Patton, 323 Carl Lane, Jefferson City, Missouri, hereinafter referred to as the "Consultant" . WITNESSETH: WHEREAS, the Consultant is retiring as Chief of the City's Police Department, and WHEREAS, the City is desirous of drawing upon the Consultant ' s expertise as a long-time law enforcement officer, NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: 1. The City agrees to engage the services of the Consultant to perform such services as may be assigned to the Consultant, in writing, by the City Administrator. The scope of such services shall be limited to matters concerning the management of City property records and liability including, but not limited to insurance coverage, security, replacement of equipment, and the building and grounds maintenance program. 2. The Consultant shall be compensated at the annual rate of $21, 000, and the Consultant shall work an average of twenty ( 20) hours per week. The Consultant shall submit a weekly report to the City Administrator, in writing, indicating hours worked daily and what project( s) the hours worked were related to. 3. This contract shall commence on the first day of September, 1986, and shall terminate five (5 ) years hence on the 31st day of August, 1991. At the sole discretion of the City, the contract may be extended for one additional five (5) year period on the same terms and conditions . 4 . Should Consultant fail to provide services as set forth pursuant to this contract, or fail to meet any of the contract provisions, this contract may be cancelled at the sole option of the City upon giving ten ( 10 ) days ' written notice to Consultant. Such cancellation shall not preclude the City from pursuing any legal or equitable remedy available to it arising from Consultant' s actions. 5. This contract may be terminated by mutual agreement at any time following forty-five (45) days ' written notice. 6. The Consultant shall not assign any interest in this contract, and shall not transfer any interest in the same, whether by assignment or novation, without prior written consent of the City. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including ® the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may tape under this agreement, though City will attempt to so notify any such assignee. 7 . The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of his agents as agents or employees of the City. 8. The Consultant shall not be entitled to any of the benefits established for the employees of the City, except those he earned while previously employed by the City, nor be covered by the , Workmen 's Compensation Program of the City. 9. The parties mutually agree to the following: a. In no event shall the City be liable to the Consultant for special, indirect, or consequential damages, except those caused by the City's negligence, arising out of or in any connected with a breach or performance of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under_ this contract. b. The Consultant shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are caused by the Consultant arising out of or in any way connected with this contract. C. The City agrees to provide Consultant with a vehicle or pay mileage at the current rate given City employees . Executed this /s day of 1986 . CITY OF JEFFERSON, MISSOURI By a.�1i�,w ATTEST: C/ . City Clerk LAIt Consul ant Lawrence Patt