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HomeMy WebLinkAboutPR 20355: AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES FOR INTERIM DIRECTOR OF UTILITIES P.R. No. 20355 08/14/2018 bw RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ARTHUR AND DR. HANI TOHME, P.E., AS INTERIM DIRECTOR OF UTILITIES TO PROVIDE TEMPORARY CONTRACT SERVICES FOR THE CITY'S UTILITIES DEPARTMENT FOR SIX (6) ADDITIONAL MONTHS AT A RATE OF $2,500.00/WEEK. FUNDING AVAILABLE IN UTILITIES' ADMINISTRATION ACCOUNT NO. 410-1251-532.59-00, CONTRACT SERVICES. WHEREAS, there is a vacancy for the position of Director of Utilities due to the expiration of the contract with Dr. Hani Tohme, P.E.; and, WHEREAS, the City, in order to effectively continue Water Utilities projects during the process to fill the referenced vacancy, recommends contracting with Dr. Hani Tohme, P.E. as the Interim Director of Utilities for six (6) additional months; and, WHEREAS, the City Council deems Dr. Tohme to possess the necessary professional, technical, and institutional knowledge, as well as required professional licensure, to ensure the effective execution of City projects to its citizens at a rate of $2,500.00/week. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions of the preamble are true and correct. Section 2. That the City Manager is hereby authorized to execute an Agreement with Dr. Hani Tohme, P.E., to serve as Interim Director of Utilities for six (6) additional months effective immediately upon passage of this resolution and execution of said contract, in substantially the same form as the attached Exhibit "A". P.R. No. 20355 08/14/2018 bw Section 3. That the City Council hereby ratifies all payments for services render from July 15, 2018 to August 13, 2018. Section 4. That a copy of the caption of the Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the day of , A.D. 2018 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: • NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: APPROVED AS TO AVAILABILITY OF FUNDS; ;()( vl/� C / al Tizeno, ity Atto ey An rew Vasquez, CPA Director of Finance APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager „V„ 1I9IHX3 AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES That this Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and Dr. Hani Tohme, P.E., hereinafter referred to as the "Contractor." I. DURATION AND TERMINATION That this Agreement shall be for a six (6) month period beginning August 14, 2018 and shall remain in effect until February 13, 2019. Either party may terminate this Agreement upon thirty (30) days written notice without cause, or for cause by giving the other notice in writing five (5) days prior to termination. It is understood and agreed that if Contractor is incapable of performing the services described herein, all rights to further compensation under this Agreement are to be invalid. II. PROFESSIONAL SERVICES TO BE PERFORMED Contractor shall perform the duties of Director of Water Utilities. The Contractor shall comply with the ethical and professional code of the profession and the policies of the City of Port Arthur. (the scope of work and specific duties are included in the approved job description for the Director of Utility Operations) III. COMPENSATION Compensation shall be at $2,500.00 per week. Appropriate work related expenses, computer and facility access, as necessary for the effective performance of the required job duties, may be provided and/or reimbursed as determined appropriate by the City Manager. The Contractor shall safeguard all records and maintain confidentiality of records and information encountered in the course and scope of his job duties. The hours of work shall be mutually agreed upon by the City Manager of the City of Port Arthur and Dr. Hani Tohme, P.E. Dr. Tohme will be considered an independent contractor for the City. IV. OTHER BENEFITS That all benefits resultant from this contract are delineated herein, and no other benefits promised by any City officer shall be binding on the City. V. INDEMNITY It is understood and agreed that Contractor is independent contractor. The CITY hereby agrees to indemnify CONTRACTOR, to the extent permitted by law or the extent to which such coverage is available to CITY employees and officials, against any with the services performed or to be performed by CONTRACTOR pursuant to this Agreement when CONTRACTOR is acting within the scope of his employment. VI. PROFESSIONAL LIABILITY INSURANCE The City will provide legal services or pay a judgment rendered against Contractor for any suit or claim arising out of the performance of the Contractor's duties as outlined herein unless it is determined that said performance was the result of malfeasance or negligence. VII. NONDISCRIMINATION The Contractor hereby agrees that no person shall, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation, or beliefs, be excluded from, be denied the benefits of, or be otherwise subjected to discrimination as regards to any services or activity under this contract; and hereby gives assurance the Contractor will immediately take any measure necessary to effectuate Agreement. SIGNED AND AGREED TO on the day of , 2018. CONTRACTOR Dr. Hani Tohme. P.E. CITY OF PORT ARTHUR Harvey Robinson, Interim City Manager