HomeMy WebLinkAboutRes 07-74 Approving a Contract with J Hennig to Serve as Interim Town ManagerTOWN OF WESTLAKE
RESOLUTION 07-74
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A CONTRACT WITH MR. JOE HENNIG TO SERVE AS
INTERIM TOWN MANAGER FOR THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, the Board of Aldermen approved the appointment of an Interim Town
Manager at the November 12, 2007, regular meeting; and
WHEREAS, at the November 12, 2007, regular meeting, the Board of Aldermen
authorized the Town Attorney to prepare a contact to be considered by the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1. The Board of Aldermen of the Town of Westlake hereby approves a
contract with Mr. Joe Hennig to serve as the Interim Town Manager for the Town of Westlake,
Texas in accordance with the terms outlined in the attached Contract (Exhibit "A")
PASSED AND APPROVED THIS 26" DAY OF NOVEMBER 2007.
ATTEST:
im Sut er, TRMC, Town Secretary
APPROV AS T FORM:
L. tanton 0 5 T Attorney
Scott Bradley, Mayor
e Henm , terim To Ma ger
EXHIBIT A
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THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made
and entered into effective as of the 12th day of November, 2007, by and among the Town
of Westlake, a municipal corporation located in Tarrant and Denton Counties, Texas (the
"Town"), and Joe Hennig ("Hennig").
WITNESSETH:
WHEREAS, the Town desires to contract for town manager services on an
interim basis; and
WHEREAS, Hennig desires to perform town manager services for the Town on
an interim basis; and
WHEREAS, the Town and Hennig desire to accept the terms of this Agreement
and to provide interim town manager services on the terms set forth below;
NOW THEREFORE, in consideration of the mutual covenants herein contained,
the Town and Hennig agree as follows:
Section 1: Interim Town Manager Services.
A. Hennig shall be the Interim Town Manager of the Town and perform all
duties as requested by the Mayor, Board of Aldermen, and as authorized
by law, on an interim basis, as described herein.
B. This Agreement shall not limit Hennig from performing services for other
clients; provided Hennig shall not accept any engagement, or perform
services, that would create a conflict of interest with the Town.
Section 2: Defense and Indemnification.
The Town shall provide Hennig rights to defense and indemnification under the
public liability and errors and omissions insurance maintained by the Town for itself, its
elected and appointed officials, and its employees for all actions by Hennig arising from
his services to the Town as Interim Town Manager.
Section 3: Compensation and Term.
A. The Town will pay Hennig $100.00 for hour for each hour spent by
Hennig performing the services in this Agreement.
B. Either the Town or Hennig may terminate this Agreement by giving the
other at least thirty (30) days written notice.
Section 4: Insurance and Employee Benefits
The Town will not provide to Hennig any employee benefits including, but not
limited to, retirement plan funding, health insurance, life insurance, disability insurance,
or any other employee benefits currently, or in the future, offered or provided other Town
employees.
Section 5: Employment taxes and charges.
. Hennig will pay all employment and other taxes related to Hennig's employment.
The Town shall not be responsible for any employment compensation, employment
benefits, insurance, retirement plans or reimbursements.
Section 6: Public Official's Liability and Errors and Omissions Insurance
Coverage.
The Town will provide Hennig public officials errors & omissions insurance and
will list Hennig as one of the Town officials covered by the such policies during the term
of this Agreement.
Section 7: Bonding
The Town shall bear the full cost of any fidelity or other bonds required of
Hennig under any law or ordinance in connection with the duties in this Agreement.
Section S: Notices
Notices under this Agreement shall be given by deposit in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
I�6 0131,61" 11[9;
Attn: Joe Hennig
To: TOWN OF WESTLAKE:
Town of Westlake
3 Village Circle, #202
Westlake, Texas 76262
Attn: Mayor
FA
With copies to (which shall not constitute notice):
L. Stanton Lowry
BOYLE & LOWRY, L.L.P.
4201 Wingren, Suite 108
Irving, Texas 75062-2763
Alternatively, notices required under this Agreement may be personally served in the
same manner as is applicable to civil judicial service of process. Notice shall be deemed
given as of the date of personal service or as of two days following the date the written
notice was deposited in the United States Postal Service.
Section 9: General Provisions.
A. Choice -of -Law. This Agreement must be construed - and its performance
enforced - under Texas law. Venue shall lie in Tarrant County, Texas.
B. Counterparts. This Agreement may be executed in any number of counterparts
with the same effect as if all signatories had signed the same documents. All counterparts
must be construed together to constitute one instrument.
C. Merger Clause. This Agreement represents the parties' final and mutual
understanding. It replaces any earlier agreements or understandings, whether written or
oral. This Agreement may not be modified or replaced except by another signed written
agreement.
D. No Waiver. The waiver of any breach of any term of this Agreement does not
waive any other breach of that or any other term.
E. Severability. If any part of this Agreement is for any reason found to be
unenforceable, it is the intent of the Town and Hennig that all other parts of the
Agreement remain enforceable and in full force and effect.
IN WITNESS WHEREOF, the Town and Hennig have executed this Agreement,
not necessarily on, but effective as of, November 12, 2007.
TOWN OF WESTLAKE
By: Cei�
Scott Bradley, Mayor
3
JOE HENNIG
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