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Home My WebLink AboutPR 18117: PROFESSIONAL SERVICES WITH LESLIE MCMAHEN, P.E., PUBLIC WORKS Stemoutitclum &VI of f axt Cixtfuvt, J exa6 TO: Floyd T. Johnson, City Manager FROM: Dr. Albert T. Thigpen, IPMA -CP, Director of Human Resources DATE: January 13, 2014 SUBJECT: Proposed Resolution No. 18117 Agreement for Professional Services between the City of Port Arthur and Leslie McMahen, P.E. RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 18117, an Agreement for Professional Services between the City of Port Arthur and Mr. Leslie McMahen, P.E. to provide contract services for the Department of Public Works. BACKGROUND: Ross Blackketter, P.E. has resigned from his position with the City of Port Arthur as Director of Public Works /City Engineer to accept a position with the City of Galveston, Texas. The City of Port Arthur, in order to continue effective delivery of services to citizens as the candidates for the vacancies are reviewed, recommends contracting with Leslie McMahen, P.E. as City Engineer/Public Works consultant. Mr. McMahen possessed the requisite Professional Engineer's license in the state of Texas. Additionally, Mr. McMahen brings several decades of institutional experience/knowledge to the contract term, having retired after having served as City Engineer and Director of Public Works, respectively STAFFING/EMPLOYEE EFFECT: • Mr. McMahen, P.E. is a part-time contract employee. BUDGETARY EFFECT: Mr. McMahen will be paid $60.00 per hour: account number 001 -1201- 531.54 -00. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 18117, an Agreement for Professional Services between the City of Port Arthur and Mr. Leslie McMahen, P.E., to provide contract services for the Department of Public Works. P. R. #18117 01/13/14 att/cg RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ARTHUR AND LESLIE MCMAHEN, P.E. TO PROVIDE CONTRACT SERVICES FOR THE CITY'S DEPARTMENT OF PUBLIC WORKS WHEREAS, Mr. Ross Blackketter, P.E., has retired as Director of Public Works /City Engineer effective November 15, 2013; and, WHEREAS, the City in order to effectively continue City Engineering and Public Works projects during the process to fill the referenced vacancies recommends contracting with Leslie McMahen, P.E., as City Engineer /Public Works consultant; and, WHEREAS, the City Council deems Mr. Leslie McMahen, P.E., to possess the necessary professional, technical, and institutional knowledge, as well as required licensure, to ensure the effective execution of City projects to its citizens at a rate of $60.00/hour and shall not exceed thirty (30) hours per week without prior approval of the City Manager; 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 Mr. Leslie McMahen, P.E., effective January 21, 2014 through June 30, 2014 in substantially the same form as the attached Exhibit "A Section 3. That a copy of the caption of the Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , A.D. 2014 at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:(Mayor) Councilmembers: P. R. #18117 01/13/14 att/cg NOES: Deloris "Bobbie" Prince Mayor ATTEST: Sherri Bellard, TMCC, City Secretary APPROVED AS TO FORM: Val Tizeno, sq., ity 'orney APPROVED FOR AVAILABILITY OF FUNDS: 4 424 dta (24 Deborah Echols, CPA, Director of Finance APPROVED FOR ADMINISTRATION: Floyd T. Johnson City Manager elf ' Dr. Albe hig . -n, IP -' AS, CPRP Director of Human Resources John A. Comeaux, PE Assistant City Manager- Operations EXHIBIT "A" AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES That this Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and Leslie McMahen, P.E., hereinafter referred to as the "Contractor." I. DURATION AND TERMINATION That this Agreement shall be for a period beginning January 21, 2014 and shall remain in effect until June 30, 2014. 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 City Engineer /Public Works consultant. The Contractor shall comply with the ethical and professional code of the profession and the policies of the City of Port Arthur. III. COMPENSATION Compensation shall be at $60.00 per hour. 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. Mr. McMahen upon presentation of a mileage log may be reimbursed at the City's current mileage rate for travel performed in connection with the course and scope of job duties except for mileage from his residence unless such mileage is associated with a project or other City function. The hours of work shall be mutually agreed upon by the City Manager of the City of Port Arthur and Leslie McMahen, P.E., and shall not exceed 30 hours per week worked unless approved by the City Manager, and subject to the Contractor's other commitments. Mr. McMahen 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 an 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 liability, claim, cause of action, damage, personal injury or death arising out of or in connection 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 any 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 , 2014. CONTRACTOR Leslie McMahen, P.E. SIGNED AND AGREED TO on the day of , 2014. CITY OF PORT ARTHUR Floyd T. Johnson, City Manager