R2001-0068 05-14-01 RESOLUTION NO. R2001-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN AGREEMENT WITH PUBLIC SAFETY CONSULTING
FOR THE PREPARATION OF A FIRE DEPARTMENT STAFFING
ANALYSIS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain agreement by and between the City of Pearland and
Public Safety Consulting, a copy of which is attached hereto as Exhibit"A"and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an agreement with Public Safety Consulting for the
preparation of a Fire Department staffing analysis.
PASSED,APPROVED and ADOPTED this the day of
A.D., 2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
` A Y
CITY OF PEARLAND
STANDARD SERVICES CONTRACT
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This Agreement is made between the City of Pearland, Texas (hereinafter "City"),
and Public Safety Consulting (hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Consultant: Public Safety Consulting
Description of Services: Study and planning regarding development of
fire protection for Pearland
Maximum Contract Amount: $4,500.00
Contract Begins: Upon Execution
Contract Ends: Upon Completion
Attached Contract Document: Proposal for Consulting Services for Fire Protection
and Services Planning and Implementation for the
City of Pearland, Texas
2. Definitions.
Contract means this Standard Services Contract, including the attached contract
documents listed above.
Services means the services for which the City solicited bids or received proposals
as described in this Contract.
3. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract. Payment for the
services shall be due and payable upon submission of a statement of services to the City.
Statements for services shall not be submitted more frequently than monthly.
4. Term and Termination. This Contract term will begin and end on the dates shown
above. The City may terminate this Contract at any time during its term by giving written
notice to Consultant. The City shall pay the Consultant for all services rendered to the date
of termination.
5. Indemnity. The Consultant shall indemnify, defend, and hold the City, its officers,
agents, and employees, harmless from any claim, loss, damage, suit, and liability of every
kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or
death of any person, or for damage to any property, arising from or caused by any act or
omission of Consultant, its officers, employees, agents, or subcontractors, in performing its
obligations under this Contract.
6. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
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7. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or deducting
from the work to be performed. If any change under this clause causes an increase or
decrease in Consultant's cost of, or the time required for, the performance of any part of the
Services under the Contract, an equitable adjustment will be made by mutual agreement
and the Contract modified in writing accordingly.
8. Insurance.
A. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Consultant, its agents, employees
or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in the
aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury
or death of any one person, $1,000,000 for each occurrence, and $1,000,000
for property damage.
B. The Consultant shall include the City as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to the City
before work commences. Each insurance policy shall be endorsed to state that coverage
shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
9. Law Governing and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent
jurisdiction located in Brazoria County, Texas.
10. Entire Agreement. This Contract represents the entire agreement between the City
and the Consultant and supersedes all prior negotiations, representations, or contracts,
either written or oral. This Contract may be amended only by written instrument signed by
both parties.
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11. Dispute resolution procedures. The Consultant and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation and arbitration as follows:
A. Mediation. If a dispute arises out of or relates to this Contract, or the
breach thereof, and if the dispute cannot be settled through negotiation, then the
parties agree first to try in good faith, and before bringing any legal action, to settle
the dispute by mediation of a third party who will be selected by agreement of the
parties.
B. Arbitration. If the parties cannot resolve by mediation any claim or dispute
relating to this Contract and the claim or dispute involves a sum that exceeds
$100,000, then, upon the demand of either party, whether before or after the filing of
any suit, any controversy or claim arising out of or related to this Contract shall be
settled by binding arbitration in accordance with the Federal Arbitration Act and the
Commercial Arbitration Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The parties may agree in writing to use any other arbitration
procedures or rules in lieu of those specified in this paragraph.
EXECUTED and EFFECTIVE this the day of , 2001.
ATTEST: CITY OF PEARLAND
By:
Young Lorfing William R. Eisen
City Secretary City Manager
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
Public Safety Consulting, Consultant
By:
Cortez Lawrence
Title:
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STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20 .
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20 .
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
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